Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 2.00 - Political Expenditures › Section 2.02 - Definitions

Current through Register 1525, July 5, 2024
Terms used in 970 CMR shall have the meanings provided in
				M.G.L. c. 55. In addition:
Ballot Question Committee
means a
				political committee which receives or expends money or other things of value
				for the purpose of favoring or opposing the adoption or rejection of a specific
				question or questions submitted to the voters including, without limitation, a
				charter change, an initiative or referendum question or a constitutional
				amendment.
Candidate Committee
means the
				political committee organized on behalf of a candidate in accordance with
				M.G.L. c. 55, § 5, and shall also apply to the campaign fund or account of
				a candidate who has not organized a candidate committee or who receives
				contributions or makes expenditures independently of such a committee where the
				fund or account is used or intended to be used to support the candidate's
				campaign or enhance the candidate's political future.
CPF ID Number
means the unique number
				assigned to a candidate or political committee by the Director pursuant to
				970
				CMR 2.07(8)  and the unique
				identification number assigned to depository banks pursuant to M.G.L. c. 55,
				§ 19.
Constitutional Candidate Committee
means the political committee organized on behalf of a candidate for governor,
				lieutenant governor, secretary of state, attorney general, treasurer and
				receiver general or auditor in accordance with M.G.L. c. 55, § 5.
Depository Bank or Depository, as used in M.G.L. c.
				55, § 19
means a bank or other financial institution as
				defined in Section 19(a) that conducts business in Massachusetts, whether
				physically (by having a main or branch office, or ATMs in Massachusetts) or
				online, and is subject to service of civil process in Massachusetts.
Duly Organized
means a political
				committee which has filed a Statement of Organization with the Office of
				Campaign and Political Finance or, if active solely for the purpose of a city
				or town election, with the city, town or district clerk or election
				commission.
Independent Expenditure PAC
means a
				political action committee that, pursuant to
				970 CMR
				2.17, receives contributions to make
				independent expenditures, and does not make contributions to candidates or
				political committees, other than to other independent expenditure PACs and
				ballot question committees, in accordance with
				970
				CMR 1.22(8). Independent
				expenditure PACs may receive contributions from individuals without limit, and
				from corporations and other entities that are otherwise prohibited from
				contributing to PACs pursuant to M.G.L.c. 55, § 8. Any entity that raises
				or solicits funds for the purpose of making a contribution to an independent
				expenditure PAC is an independent expenditure PAC subject to all requirements
				applicable to independent expenditure PACs.
Joint Fundraiser
means an event
				sponsored by two or more candidates or political committees, pursuant to
				970 CMR
				2.12, which is intended to raise funds,
				through the device of tickets, advertisements, or otherwise, to further the
				political future of the sponsoring candidates or political committees.
Local Election Official
means any
				city, town or district clerk or board of election commissioners.
Membership Organization
means any
				organization which identifies the individuals within the organization as
				members, which:
(a) expressly states the qualifications and requirements for
				membership in its articles, bylaws, constitution or other formal organizational
				documents;
(b) makes its articles, bylaws, constitution or other formal
				organizational documents available to its members upon request;
(c) expressly solicits persons to become members, and
				acknowledges the organization's acceptance of membership; and
(d) is not organized primarily for the purpose of influencing
				the nomination for election, or election, of any individual to state or local
				office.
Such organizations include, but are not limited to, clubs,
				unions and associations. Political committees and corporations or other
				entities subject to M.G.L. c. 55, § 8 are not "membership organizations".
				A person may be considered a "member" if the organization requires some
				affirmative action by the person, such as payment of dues, in order to become a
				member.
For purposes of 970 CMR 2.02:
Membership
				Organization,
the term "members" includes all persons who are
				currently satisfying the requirements for membership in a membership
				organization, affirmatively accept the membership organization's invitation to
				become a member, and either:
1. pay membership dues at least annually;
2. have a significant organizational attachment to the
				membership organization which includes affirmation of membership on at least an
				annual basis and direct participatory rights in the governance of the
				organization; or
3. have some significant financial attachment to the membership
				organization.
Nonresident Fundraiser
means an event
				sponsored by a candidate for public elected office in Massachusetts, within the
				scope of M.G.L. c. 55, § 18B, which is intended to raise funds for any
				person seeking nomination or election to state or federal office, including
				President or Vice President, in:
(a) any state other than the commonwealth;
(b) the federal government; the District of Columbia, or any
				territory or possession of the United States.
People's Committee
means any political
				committee which is not a candidate's committee, political party committee, or
				ballot question committee, which:
(a) only receives contributions from individuals;
(b) limits contributions received from any individual to the
				aggregate of $100 (indexed biennially in accordance with M.G.L. c. 55, §
				1) during a calendar year;
(c) has been in existence for at least six months;
(d) contributes to five or more candidates; and
(e) files a Declaration of Status Form (CPF Form 101 DS-1) with
				OCPF.
Political Action Committee
means any
				political committee which is not a candidate's committee, political party
				committee, ballot question committee, independent expenditure PAC, or people's
				committee.
Political Party Committee
means a
				political committee organized in accordance with M.G.L. c. 52 on behalf of a
				political party, as defined in M.G.L. c. 55, § 1, whether elected or
				non-elected.
Primarily for the Candidate's or Any Other Person's
				Personal Use
means an expenditure by the committee the purpose of
				which is primarily to benefit personally the candidate or any other
				person.
Reasonable and Necessary Expenses
means those expenses which are not extreme or excessive and which are integral
				and central to the political campaign for that public office.
Residual Funds
means any and all
				assets of the political committee which the committee has legal and rightful
				title to at the time of its dissolution, and any and all assets of a
				candidate's account at the time of its dissolution.