Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 2.00 - Political Expenditures › Section 2.06 - Expenditures by Political Committees

Current through Register 1525, July 5, 2024
(1)
			 Expenditures by all candidates and political committees shall be governed by
			 970 CMR 2.06.
(2) Candidates and
			 political committees may pay and expend money or other things of value for the
			 enhancement of the political future of the candidate or principle for which the
			 committee was organized, subject to any other prohibitions and limitations
			 contained in M.G.L. c. 55 and
			 970 CMR
			 2.00. Statewide candidates, however, who receive
			 public financing pursuant to M.G.L. c. 55C are subject to the additional
			 restrictions in 970 CMR 2.06(7).
(3) Expenditures which may be made for the
			 enhancement of the political future of the candidate or principle for which
			 that political committee was organized shall include the following
			 expenditures, as well as any expenditures which are similar to the following
			 and not inconsistent with
			 970 CMR
			 2.00, M.G.L. c. 55 or any other law:
(a) Postage incurred for mailing campaign
			 literature and for conducting relevant campaign business;
(b) Television and radio
			 advertising;
(c) Newspaper,
			 Internet, billboard and magazine advertising;
(d) Printing;
(e) Computer use;
(f) Polling voters;
(g) Reasonable public relations
			 expenses;
(h) Reasonable expenses
			 in connection with the operation of a campaign office or offices, including:
1. Telephones, the use of which is restricted
			 to campaign purposes except for incidental activity;
2. Furniture purchase or rental, the nature
			 and use of which is consistent with use in a campaign office, provided the
			 furniture is not purchased for use in an office located within the candidate's
			 home;
3. Office rent, provided that
			 a political committee which is paying less than the fair market value of the
			 space it rents is receiving a contribution in-kind. Such a contribution in-kind
			 is subject to all the provisions of M.G.L. c. 55 regarding disclosure,
			 limitations and prohibitions on contributions, including the prohibition on the
			 receipt of corporate contributions;
4. Office equipment, including computers,
			 postage meters, printers and copying machines;
5. Utilities.
(i) Campaign staff and consultants;
(j) Reasonable travel expenses for a
			 candidate or agents of the committee for travel primarily relating to any of
			 the following purposes:
1. party
			 politics;
2. campaigning for
			 votes;
3. fundraising;
4. substantive issues which are directly
			 related to the campaign of the candidate;
5. attending meetings, conferences or
			 seminars for candidates or political campaigns;
6. obtaining services for which the political
			 committee is permitted to make expenditures under
			 970 CMR
			 2.00;
7.
			 attending events for the purpose of enhanced provision of legislative or
			 constituent services;
8. attending
			 a state or national political party convention, including payment of delegate
			 fees; or
9. other travel undertaken
			 primarily to enhance a candidate's political future or the principle for which
			 the committee was organized.
Travel expenses of a family member of a candidate for travel
				are presumed to be for personal use and not allowed. A committee may, however,
				rebut the presumption by requesting and obtaining advance approval from
				OCPF.
10. Several factors
			 may be considered by OCPF in determining whether a travel expenditure may be
			 made primarily for the enhancement of the political future of a candidate or,
			 in contrast, may not be made as it would be primarily for personal use. The
			 factors that may be considered include, but are not limited to, the following:
a.
The Amount of the
			 Expenditure
. For example, expenditures for international travel
			 are subject to greater scrutiny since they are generally larger in
			 amount;
b.
The Nature
			 of the Activity
. For example, if the event is educational such as
			 a conference regarding legislation, it is more likely to be considered to be
			 made primarily for the enhancement of the political future of the candidate and
			 not primarily for personal use, in contrast to travel to participate in a
			 recreational event, such as a golf tournament.
c.
Whether the Expenditure Would
			 Be Made for the Travel of an Incumbent or Active Candidate
. If the
			 travel would be for a current office holder or active candidate, the proposed
			 expenditure would more likely be permitted. In contrast, an expenditure made by
			 a former office holder who maintains a political committee for purposes of a
			 possible but undetermined campaign in the future, is more likely to be seen as
			 primarily social or recreational.
(k) Rental of halls and other space for
			 political activities;
(l) Expenses
			 for fundraising, for obtaining votes and for other similar activities, which
			 may include beverages, food, entertainment, decorations, bartenders, security
			 officers and service and maintenance persons;
(m) Bumper stickers, signs, placards,
			 brochures, leaflets and other such campaign items;
(n) Delivery services and express
			 mail;
(o) Paper supplies;
(p) Newspaper and magazines, literature,
			 clipping services;
(q) Inaugural
			 expenses, which may include room rental, printing, decorations, entertainment,
			 food and beverages;
(r) The
			 repayment of loans, if such loans:
1. were
			 received by the political committee in accordance with the requirements of
			 970 CMR
			 1.00:
Campaign Finance Activity
and
			 M.G.L. c. 55;
2. were used to
			 defray expenditures permitted by
			 970 CMR
			 2.00; and
3. did not exceed the maximum amounts set
			 forth in
			 970 CMR
			 1.05(2).
(s) Taxes;
(t) Charitable contributions, if all of the
			 following requirements are met:
1. The
			 contribution is made to an entity which is subject to either M.G.L. c. 12,
			 § 8(e), M.G.L. c. 67 or M.G.L. c. 180;
2. Neither the candidate, treasurer, or any
			 official of the political committee is a trustee, officer, principal or
			 beneficiary or involved in any manner in the operations of said
			 entity;
3. Neither the candidate,
			 treasurer, nor any official of the political committee is related by
			 consanguinity or affinity to any trustee, officer, principal or beneficiary of
			 said entity;
4. The candidate or
			 political committee will receive publicity and foster political goodwill as a
			 result of making the contribution.
(u) Gifts and Flowers, of reasonable value,
			 if the purpose of the expenditure falls within one of the following categories:
1. Gifts to campaign workers, if:
a. The gift accurately reflects the
			 contribution made by those workers to the efforts of the political campaign of
			 the committee;
b. the gift is made
			 in a timely fashion as to clearly indicate its purpose is to express gratitude
			 for work done on behalf of the campaign; and
c. no gifts may be made to campaign workers
			 for any other purpose or for any other occasion.
2. The political committee or candidate will
			 receive publicity and foster political goodwill as a result of making the gift
			 or contribution, if:
a. The candidate,
			 treasurer, or other officers of the committee, and in the case of a local party
			 committee, the members of the committee, have no personal relationship with the
			 individual or his or her family;
b.
			 the gift is appropriate to the occasion which has prompted the gift;
			 and
c. the gift would not be made
			 but for the interest in it enhancing the political future of the candidate or
			 principle for which the committee was organized.
3. No gifts may be made under 970 CMR
			 2.06(2)(u)1. or 2., unless all the provisions of each subdivision are
			 satisfied.
(v)
			 Memberships for the candidate in organizations and associations, provided that
			 the candidate would not be participating in the particular organization or
			 association, but for the candidate's interest in it enhancing the candidate's
			 political stature.
(w) Gifts to
			 Scholarships Funds are permitted, if:
1. the
			 candidate and officers of the committee, and their family members, are not
			 involved in selecting recipients or otherwise administering the scholarship
			 fund; and
2. the gift would not be
			 made but for the interest in it enhancing the political future of the candidate
			 or the principle for which the committee was organized.
(x) Scholarships may be awarded to an
			 individual, if:
1. the candidate, treasurer,
			 or other officers of the committee, and in the case of a local party committee,
			 the members of the committee, have no personal relationship with the individual
			 or his or her family;
2. the
			 scholarship would not be awarded but for the interest in it enhancing the
			 political future of the candidate or the principle for which the committee was
			 organized; and
3. except in the
			 instance of a political party committee, which may select recipients of a
			 scholarship award, the recipient of the scholarship award may not be selected
			 by a candidate or political committee, but instead must be selected by a
			 separate entity, not comprised of the candidate, or officers of the committee,
			 or their family members.