reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 1.00 - Campaign finance activity › Section 1.13 - Transfer of Candidate Political Committee from State Level to Municipal Level

Current through Register 1525, July 5, 2024
(1) A candidate or
			 candidate committee that files reports with the Office of Campaign and
			 Political Finance must, if the candidate intends to seek elected office in a
			 city or town, and provided the candidate or candidate committee will not
			 otherwise still be required to file with the Office of Campaign and Political
			 Finance in accordance with M.G.L. c. 55, § 19 because of the new office
			 being sought, transfer by registering with the local election official as
			 provided in 970 CMR 1.13.
(2) A
			 Change of Purpose form (OCPF Form CPF P101) must be filed with OCPF to indicate
			 the city or town office the candidate is seeking.
(3) A new Statement of Organization of the
			 Candidate's Committee (OCPF Form CPF M101) must be filed with the local
			 election official.
(4) A copy of
			 the last Campaign Finance Report (OCPF Form CPF 102) previously filed with
			 OCPF, and a copy of the Transition-Out Report, described in
			 970 CMR
			 1.17(3), must be filed with
			 the local election official. The first Campaign Finance Report filed with the
			 local election official will report activity from the day following the ending
			 date of the last report filed with OCPF.
(5) A committee's filing requirements with
			 OCPF will be discontinued when a committee's filing requirements are
			 transferred to the municipal level, and no further concurrent filings will be
			 required with OCPF, unless, if at the time of transfer, the candidate continues
			 to seek or hold an office for which reporting is required with OCPF or the
			 Director determines, based on his review of the committee's campaign finance
			 reports and other information available, that concurrent filings with OCPF
			 should be required.
(6) While a
			 candidate continues to seek or hold offices with reporting requirements at both
			 OCPF and the municipal level, reporting requirements with both the Office of
			 Campaign and Political Finance and the local election official will
			 continue.
(7) A candidate not
			 initially required to appoint a depository under M.G.L. c. 55, § 19 who
			 later seeks an office which causes the candidate to be required to appoint a
			 depository in accordance with M.G.L. c. 55, § 19, shall become subject to
			 depository reporting requirements on whichever of the following dates is the
			 earliest:
(a) on the date a change of purpose
			 form is filed for such candidate; or
(b) on the date the candidate first raises or
			 spends money for the purposes of influencing the nomination or election for
			 such office.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 1.00 - Campaign finance activity › Section 1.14 - Electioneering Communications

Current through Register 1525, July 5, 2024
(1)
Definitions
. The following terms, as used in the
			 definition of "electioneering communication" in M.G.L. c. 55, §§ 1
			 and 18F shall have the following meanings in the context of M.G.L. c. 55,
			 §§ 1 and 18F, and 970 CMR 1.14:
Bonafide
Candidate Debates or
				Forums
, as used in M.G.L. c. 55, § 1, shall include a voter
				guide or questionnaire where all candidates running for the same office are
				asked the same question or questions and where all such candidates are given an
				equal opportunity to respond to each question, provided that said questionnaire
				or guide does not contain additional language, images, or symbols, conveying
				support or opposition to the opinions of the candidates.
Publicly Distributed within 90 Days before an
				Election in Which the Candidate Is Seeking Election or Reelection
, as used in M.G.L. c. 55, § 1, shall mean the period within 90 days of a
				general or special election.
Within Seven Days after Making the
				Expenditure
, as used in the first paragraph of M.G.L. c. 55,
				§ 18F, shall mean within seven days of the date the goods or services
				purchased to make the electioneering communication are utilized.
Within Seven Days before the Date of an
				Election,
as used in M.G.L. c. 55, § 18F, shall mean the
				period within seven days of a general or special election, or a primary or
				preliminary election.
(2)
Electioneering Communications Reports
.
(a)
Where Reports are
			 Filed
. Reports of electioneering communications required to be
			 filed by M.G.L. c. 55, § 18F, shall be filed electronically with the
			 Director as provided in M.G.L. c. 55, § 18C if communications clearly
			 identify a candidate who files with the Director. Reports required by M.G.L. c.
			 55, § 18F shall be filed with the city or town clerk in paper form if such
			 communications identify a candidate seeking public office at a city or town
			 election who does not otherwise file with the Director.
(b)
Persons Required to File
			 Reports
. Reports must be filed by any individual, group,
			 association, corporation, labor union, or other entity, not defined as a
			 political committee, that makes electioneering communication expenditures or
			 incurs liabilities for an electioneering communication in an aggregate amount
			 exceeding $250 during a calendar year.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 1.00 - Campaign finance activity › Section 1.15 - Posting of Campaign Finance Reports by Local Election Officials

Current through Register 1525, July 5, 2024
A campaign finance report posted on a municipal web site in
				accordance with M.G.L. c. 55, § 26 must remain on the municipal website
				until December 31st of the sixth year following the
				date that the statement or report was filed.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 1.00 - Campaign finance activity › Section 1.16 - Disclosure Required of PACs Organized to Promote or Oppose Recall of Municipal Candidates

Current through Register 1525, July 5, 2024
A political action committee or people's committee organized
				primarily to promote or oppose a mayoral candidate or candidates, including the
				recall of a mayoral candidate or candidates, must electronically file its
				campaign finance reports with the Director in accordance with the schedule for
				filing in M.G.L. c. 55, § 19 and with the requirements defined in 970 CMR
				2.22:
PACs - Disclosure and Other Requirements
. If organized
				to support or oppose recall of other municipal candidates, who file with a City
				or Town Clerk, the PAC files reports with the local election
				official.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 1.00 - Campaign finance activity › Section 1.18 - Reports of Late Contributions Received

Current through Register 1525, July 5, 2024
(1) A
			 ballot question committee or a non-depository candidate or committee that is
			 required, pursuant to M.G.L. c. 55, § 18, to file a report of a
			 contribution of $500 or more received and deposited after the 18th day but more
			 than 72 hours before the date of a special, preliminary, primary or general
			 election ("the late contribution reporting period"), may satisfy that
			 requirement by filing a Report of Late Contributions Received. A depository
			 candidate or committee required to file such a report by M.G.L. c. 55, §
			 19(g) may satisfy the requirement by filing either a Contribution Deposit
			 Report for monetary contributions received or, if in-kind contributions have
			 been received during the late contribution reporting period, a Report of Late
			 Contributions Received.
(2) The
			 filing of a Report of Late Contributions Received does not replace the
			 requirements for the filing of other reports and statements specified in M.G.L.
			 c. 55.
(3) For purposes of filing a
			 Report of Late Contributions Received or a Contribution Deposit Report, a
			 "deposit" of a contribution made by credit or debit card is deemed to take
			 place when the contribution is received into the committee's account.
(4) When a non-depository candidate makes a
			 expenditure from personal funds of $500 or more on behalf of his or her
			 committee, or when a person or entity provides an in-kind contribution valued
			 at $500 or more to a political committee organized on behalf of a candidate
			 that files with the Director or to a ballot question committee that files with
			 the Director, during the late contribution reporting period, a "deposit", for
			 purposes of determining when a Report of Late Contributions Received must be
			 filed, is deemed to occur on the date of the expenditure or as of the date the
			 in-kind contribution is made.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 1.00 - Campaign finance activity › Section 1.19 - Contributions from Gaming License Applicants and Persons Holding Such Licenses

Current through Register 1525, July 5, 2024
(1) Pursuant to
			 M.G.L. c. 55, § 7A, the aggregate of all contributions by a person who
			 holds a license issued by the Massachusetts gaming commission, who was required
			 to apply for that license under M.G.L. c. 23K, § 14, for the benefit of
			 any one candidate and such candidate's committee, or for the benefit of any
			 other political committee other than the license holder's own committee if the
			 license holder is a candidate, or a ballot question committee, shall not exceed
			 $200 in a calendar year.
(2)
			 Pursuant to M.G.L. c. 23K, § 47, all political contributions or
			 contributions in kind made by an applicant for a gaming license to a
			 municipality or a municipal employee, as defined in M.G.L. c. 268A, § 1,
			 of the host community of the applicant's proposed gaming establishment, shall
			 be disclosed by the applicant to the gaming commission and the city or town
			 clerk of the host community.
(a) Such
			 disclosure shall be made by the applicant biannually, on or before July 15th
			 for the period covering January 1st to June
			 30st, of that year and on or before January 15th for
			 the period covering July 1 st to December 31st, of
			 the preceding year. The disclosure shall include a listing of the amount or
			 value of each contribution, the date each contribution was made, and the name
			 and address of each contributor.
(b) Disclosure of contributions by applicants
			 shall be made using a form to be prescribed by the Director. The disclosure
			 shall be filed in paper form. The city or town clerk shall make the completed
			 disclosures that have been filed with the clerk available for viewing on the
			 internet website of the municipality within seven days of filing.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 1.00 - Campaign finance activity › Section 1.21 - State Candidates Filing of Pre-primary Reports and Municipal Candidates Filing of Pre-preliminary Reports

Current through Register 1525, July 5, 2024
(1) Where
			 there is a primary election for a state elected office, unenrolled candidates
			 seeking election to the office are required to file pre-primary
			 reports.
(2) Where there is a
			 preliminary election in a city, only those candidates on the preliminary ballot
			 are required to file pre-preliminary reports.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 1.00 - Campaign finance activity › Section 1.22 - Definition of "Political Committee", and Identification of Funding Sources

Current through Register 1525, July 5, 2024
(1)
General
			 Applicability
. 970 CMR 1.22 is issued to:
(a) Define contribution limits that apply to
			 organizations that are not political committees.
(b) Define when an organization must register
			 as a "political committee", and provide rules for groups that do not engage in
			 political fundraising, but which make expenditures or contributions from their
			 existing funds to support or oppose Massachusetts state or local candidates,
			 PACs, party committees or ballot questions (for purposes of 970 CMR 1.22,
			 "expenditures" or "contributions"); and.
(c) Establish rules to ensure disclosure
			 required of transfers of money or other things of value by individuals or
			 organizations that are formed and operate as tax exempt organizations as well
			 as by any other entity that is not organized as a Massachusetts political
			 committee, where funds are ultimately used to make expenditures or
			 contributions.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 1.00 - Campaign finance activity › Section 1.24 - Website and Social Media Use by Public Employees

Current through Register 1525, July 5, 2024
(1)
			 As used in 970 CMR 1.24, a
public employee,
means, as
			 defined in M.G.L. c. 55, § 3, "a person employed for compensation, other
			 than an elected officer, by the commonwealth or any county, city or town", or
			 by a state college or university, authority, or other public instrumentality
			 created by the commonwealth and funded by state and local funds, even if the
			 person declines compensation.
Social media
means any
			 interactive Internet-based technology that facilitates the creation or sharing
			 of information, ideas, events, or other forms of expression
via
virtual communities and networks.
(2) For the purposes of M.G.L. c. 55, §
			 13, a public employee may not intentionally:
(a) Solicit or receive political
			 contributions using a website or a social media account, post or
			 site;
(b) Share, retweet or "tag"
			 other individuals or entities, or otherwise distribute, a social media post
			 that directly solicits political contributions;
(c) Invite persons to events publicized using
			 social media or a website, if the event is advertised as a political
			 fundraising event;
(d) Send or
			 provide a link to a social media post or to the part of a website that solicits
			 political contributions (
i.e
., a link directly to the "donate"
			 section of a social media page or a website);
(e) Design or administer the portion of any
			 social media account or website that is used to solicit or receive political
			 contributions;
(f) Allow his or her
			 name to be used, or provide a message supporting a candidate or committee, that
			 will appear on the portion of a website or social media page that solicits
			 political contributions; or
(g)
			 Post political fundraising solicitations on a candidate's or political
			 committee's website or social media page.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 1.00 - Campaign finance activity › Section 1.25 - Non-contribution Receipts

Current through Register 1525, July 5, 2024
(1) The following
			 items, when provided by business entities in the ordinary course of business,
			 are "non-contribution receipts". These items are not considered "contributions"
			 subject to the prohibition on the receipt of corporate contributions in M.G.L.
			 c. 55, § 8, or the contribution limits of the campaign finance law:
(a) refunds, credit card rewards, or other
			 monetary benefits, which would also be available to other committees or the
			 general public on the same terms and conditions; or
(b) goods or services which would also be
			 available to other committees or the general public on the same terms and
			 conditions.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 1.00 - Campaign finance activity › Section 1.26 - Barnstable Assembly of Delegates

Current through Register 1525, July 5, 2024
Candidates for election to the Barnstable Assembly of Delegates
				file campaign finance reports in the same manner as candidates for districts
				specified in M.G.L. c. 41, §§ 113 through 119, with the Assembly of
				Delegates Clerk.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 2.00 - Political Expenditures › Section 2.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
M.G.L. c. 55 is a comprehensive and specific statute which
				covers a variety of areas concerning the financing of political campaigns in
				the Commonwealth for state, county, city and town elections. It regulates the
				sources from, and manner in which, campaign funds may be raised and spent. It
				provides for the disclosure of all contributions received and expenditures
				made. The statute also regulates certain conduct surrounding the raising and
				spending of campaign funds, such as the activities of public employees.
970 CMR 2.00 governs all
				expenditures by political committees organized for the purpose of participation
				in Massachusetts campaign finance activity.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 2.00 - Political Expenditures › Section 2.03 - General Provisions

Current through Register 1525, July 5, 2024
970 CMR 2.00 may be amended at
				any time, and such amendments shall take effect in accordance with M.G.L. c.
				30A, § 6.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 2.00 - Political Expenditures › Section 2.04 - Advisory Opinions

Current through Register 1525, July 5, 2024
(1) Any person may
			 request in writing an advisory opinion or guidance letter concerning the
			 specific application of M.G.L. c. 55, or any regulation contained in 970
			 CMR.
(2) The written advisory
			 opinion or guidance letter request shall describe a specific activity or
			 transaction and shall pose specific questions. The request may be accompanied
			 by such data, views and arguments as the requesting person deems
			 pertinent.
(3) The Director shall
			 review all requests for Advisory Opinions or guidance letters. He may request
			 that additional or more specific information or questions be submitted by the
			 requesting person.
The Director may determine that:
(a) a particular request for an advisory
			 opinion or guidance letter poses issues which are not within his
			 jurisdiction;
(b) the questions
			 posed are not appropriate to an advisory opinion or guidance letter;
(c) sufficient information has not been
			 provided by the requesting person.
The Director may, for these reasons, determine that an advisory
				opinion or guidance letter will not be rendered. If such a determination is
				made, he shall, within a reasonable time, notify the requesting person that the
				advisory opinion or guidance letter will not be rendered. If such a
				determination is not made the Director shall, within a reasonable time, issue
				to the requesting person a written advisory opinion or guidance letter.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 2.00 - Political Expenditures › Section 2.07 - Miscellaneous Provisions Applicable to All Political Committees

Current through Register 1525, July 5, 2024
(1) Any expenditure made by a political
			 action committee or a people's committee for the benefit of a clearly
			 identified candidate must be disclosed as a contribution or contribution
			 in-kind received by that candidate or his or her political committee. This
			 requirement shall not apply to an expenditure which is made by such a political
			 action committee or a people's committee without the cooperation or prior
			 consent of, or without any consultation with the candidate or any authorized
			 agent of his or her political committee.
(2) Items acquired by a political committee
			 must be primarily used by such political committee for the purposes permitted
			 by
			 970 CMR
			 2.00. Under no circumstances may the use of an item in
			 a manner other than that permitted by
			 970 CMR
			 2.00 be more than incidental to the overall use of the
			 item. A political committee must be reimbursed for any such incidental use of
			 an item. Reimbursement shall be made:
(a) By
			 the person or persons to whose benefit that incidental use is
			 attributable;
(b) By check payable
			 to the political committee for the reasonable fair market value of that portion
			 of the item's use for which the political committee is not
			 benefiting.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 2.00 - Political Expenditures › Section 2.08 - Disclosure and Disposition of Assets of Political Committees

Current through Register 1525, July 5, 2024
(1) For the purposes of 970 CMR 2.08,
			 "assets" shall mean any one item that has a useful life of more than one year,
			 would be depreciable in a normal business environment, and has a cost or value
			 of $1,000 or more at the time of its acquisition.
(2) Each political committee shall disclose,
			 as receipts in the committee's campaign finance reports, funds received upon
			 the disposition of its assets.
(3)
			 Assets of a political committee may not accrue to the personal benefit of a
			 candidate or any other person.
(4)
			 Assets of a political committee may only be disposed of in a manner which
			 conforms to the provisions of M.G.L. c. 55.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 2.00 - Political Expenditures › Section 2.09 - Expenditures by Debit Card, Credit Card, or Wire Transfer

Current through Register 1525, July 5, 2024
(1)
Definitions
. For
			 the purposes of 970 CMR 2.09, the following words have the following meanings:
Credit Card
shall mean a card or plate
				issued by a bank or other credit institution for the purpose of obtaining goods
				or services on credit.
Debit Card
shall mean a card or plate
				issued by a bank or other credit institution for the purpose of obtaining goods
				or services by using funds in the cardholder's account.
Wire Transfer
(also referred to as an
Electronic Expenditure)
shall mean a payment by a
				political committee from its campaign account, initiated by telephone or
				electronically not using a credit or debit card.
(2)
Debit Card
			 Expenditures
. A political committee may apply for and receive a
			 debit card linked to the committee's account, for the purposes of making
			 expenditures.
(a) Any debit card maintained
			 and used by a political committee must bear the name of the political committee
			 on the face of the card. The card may also bear the name of the candidate,
			 treasurer or other agent of the political committee, who has been authorized as
			 a card holder by the political committee.
(b) A candidate or political committee may
			 not use a debit card for the purpose of obtaining any cash advance or loan of
			 money. Such debit cards may only be used for the purpose of obtaining goods and
			 services.
(c) Candidates and
			 committees not required to appoint a depository in accordance with M.G.L. c.
			 55, § 19 may make electronic expenditures linked to the committee account
			 provided that the bank statement for the account provides sufficient
			 information to document the name and address of the vendor/payee for any debit
			 card transaction. Debit card expenditures shall be reported in accordance with
			 M.G.L. c. 55, § 18 or 19 if made by a committee required to appoint a
			 depository.
(d) Candidates and
			 committees required to appoint a depository, in accordance with M.G.L. c. 55,
			 § 19, shall review the expenditure reports filed by their depository bank
			 and must, within seven days of the date its bank files a report disclosing an
			 expenditure made by debit card, append the bank's report to disclose the
			 specific purpose of the expenditure.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 2.00 - Political Expenditures › Section 2.10 - Reimbursements to Candidates and Other Individuals

Current through Register 1525, July 5, 2024
(1) The provisions of 970 CMR 2.10 shall
			 apply to all expenditures made by a political committee for the purpose of
			 reimbursing a candidate or any other individual.
(2) A candidate or other individual may be
			 reimbursed for expenses paid out by that individual or candidate if:
(a) The expenditures made by said individual
			 or candidate, for which he or she is being reimbursed, is permitted by, and
			 entirely consistent with, M.G.L. c. 55 and 970 CMR; and (b) The individual or
			 candidate receiving such reimbursement has made the expenditure out of his or
			 her own personal funds and is the true source of those funds;
(c) The individual or candidate has not been
			 reimbursed for said expenditure, by any other individual or entity;
			 and
(d) The reimbursement is made
			 promptly. If a committee does not reimburse an individual for goods or services
			 purchased by that individual for the committee within 30 days of the purchase,
			 the committee should consider the individual's expenditure as an in-kind
			 contribution or a loan.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 2.00 - Political Expenditures › Section 2.12 - Joint Fundraising Events

Current through Register 1525, July 5, 2024
(1) Joint
			 fundraising events may take place as provided in 970 CMR 2.12.
(a) One or more candidates or candidate
			 committees may sponsor a joint fundraising event with other candidates or
			 candidate committees.
(b) One or
			 more political party committees may sponsor a joint fundraising event with
			 other political party committees.
(c) Committees participating in a joint
			 fundraising event, except for an event held in accordance with 970 CMR
			 2.12(1)(e), may designate an individual or entity to be a "joint fundraising
			 agent" to make expenditures, accept contributions, allocate proceeds and
			 maintain records in accordance with 970 CMR 2.12. If a joint fundraising agent
			 is not used, each participating committee and candidate must:
1. allocate costs according to the percent of
			 total contributions expected to be received by each candidate or
			 committee;
2. pay vendors
			 directly;
3. ensure that
			 contributors write checks directly to the participating committees;
			 and
4. maintain complete records,
			 consistent with M.G.L. c. 55, §§ 2 and 5, regarding the
			 event.
(d) If a joint
			 fundraising agent is used, contributors may contribute by check made payable to
			 the joint fundraising agent. All funds received by a joint fundraising agent,
			 for an event held in accordance with 970 CMR 2.12(1)(a) or (b), must be
			 deposited in a separate, segregated account designated for that
			 purpose.
(e) Where joint
			 fundraising events are held by candidates or candidate committees and political
			 party committees, joint fundraising agents may not be used. One or more state
			 or local committees of a political party may sponsor a joint fundraising event
			 with one or more candidates or candidate committees only if each participating
			 committee and candidate:
1. allocates costs
			 according to the percent of total contributions expected to be received by each
			 candidate or committee;
2. pays
			 vendors directly;
3. ensures that
			 contributors write checks directly to the participating committees; and 4.
			 maintains complete records, consistent with M.G.L. c. 55, §§ 2 and 5,
			 regarding the event.
(f)
			 Political action committees and people's committees may not sponsor joint
			 fundraising events with any candidate or committee.
(g) Ballot question committees may not
			 sponsor joint fundraising events with candidates or candidate
			 committees.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 2.00 - Political Expenditures › Section 2.13 - Nonresident Fundraising Events

Current through Register 1525, July 5, 2024
(1)
Sponsorship of Event
. A candidate or elected official
			 will be deemed to "sponsor" a fundraising event on behalf of a nonresident
			 candidate, and will be subject to the reporting requirements defined in M.G.L.
			 c. 55, § 18B, if the Massachusetts candidate or elected official is
			 primarily responsible for taking any one or more of the following actions:
(a) Arranging for fundraising events or
			 endorsing fundraising events; or
(b) Taking action to encourage attendance at
			 the event.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 2.00 - Political Expenditures › Section 2.15 - Constituent and Legislative Services

Current through Register 1525, July 5, 2024
An elected officer's political committee may pay or expend
				money or other things of value for the provision of constituent or legislative
				services, including the opening and maintaining of a district office.
(1)
General
			 Expenditures
. The following expenditures, as well as any
			 expenditure which is similar to the following and not inconsistent with M.G.L.
			 c. 55 and 970 CMR, shall be permitted by an elected officer's political
			 committee:
(a) The reasonable costs of
			 providing services to constituents, including requests for information,
			 assistance in gaining access to governmental services, and responding to
			 district issues and concerns by an elected officer if each of the following
			 requirements are met:
1. the service is
			 provided to a member of the public who is not a family member of the elected
			 officer;
2. the service is provided
			 by an elected officer or an officer's aide in the officer's or aide's official
			 capacity; and
3. the provision of
			 said service is not otherwise prohibited by M.G.L. c. 55 or 970 CMR.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 2.00 - Political Expenditures › Section 2.16 - State Party Expenditures

Current through Register 1525, July 5, 2024
(1)
Definitions
. For the purpose of 970 CMR 2.16, the
			 following terms shall have the following meanings:
Allocable Expense
means any expense
				that may be allocated between the non-federal and federal accounts of a state
				committee in accordance with regulations promulgated by the Federal Election
				Commission.
Federal Account
means the separate
				federal account of a state committee established under regulations promulgated
				by the Federal Election Commission.
State Account
means the separate state
				or any non-federal account of a state committee established under regulations
				promulgated by the Federal Election Commission, and in accordance with M.G.L.
				c. 55, § 19.
State Committee
means the state
				committee of a political party, as defined in M.G.L. c. 50, § 1, organized
				in accordance with M.G.L. c. 52.
(2) All state committee expenditures made
			 primarily for the purpose of aiding, promoting or preventing the nomination or
			 election of any person to a state or local public office must be made from the
			 state account, unless such expenditure may be made out of the federal account
			 of the state committee in accordance with the Federal Election Campaign Act or
			 regulations promulgated under its authority.
(3) Monetary contributions by state
			 committees to any political committee organized pursuant to M.G.L. c. 55,
			 § 5 must be made from the state committee's state account.
(4) A state committee may transfer, from its
			 state account to its federal account, the full amount of the state share of any
			 allocable expense in accordance with regulations promulgated by the Federal
			 Election Commission.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 2.00 - Political Expenditures › Section 2.17 - Independent Expenditures

Current through Register 1525, July 5, 2024
(1)
Persons and Entities Required to File Reports of Independent
			 Expenditures
. The following persons and entities are required to
			 file reports of independent expenditures in accordance with M.G.L c. 55, §
			 18A(a), (b), and (c):
(a) Any individual,
			 group or association (including, but not limited to, corporations,
			 partnerships, limited liability companies and limited liability partnerships)
			 and any political committee, including a traditional or independent expenditure
			 PAC, that makes an independent expenditure exceeding $250 or independent
			 expenditures exceeding $250 in the aggregate during a calendar year for the
			 express purpose of promoting the election or defeat of a clearly identified
			 candidate; and
(b) Any PAC,
			 including an independent expenditure PAC, or any other political committee,
			 that makes an expenditure described in 970 CMR 2.17(1)(a). Such committees must
			 file reports in accordance with 970 CMR 2.22.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 2.00 - Political Expenditures › Section 2.18 - Subvendor Reporting

Current through Register 1525, July 5, 2024
(1)
Location for Filing of Reports
. Reports required to be
			 filed by M.G.L. c. 55, § 18D are electronically filed with the Director,
			 or if the expenditure concerns a local candidate who does not file with the
			 Director, or a local ballot question, with the clerk.
(2)
Vendor Accounting of
			 Expenditures
. A vendor that makes an expenditure on behalf of a
			 political committee or on behalf of an individual or group required to file a
			 report of ballot question expenditures under M.G.L. c. 55, § 22, shall,
			 once the vendor has made expenditures to a particular subvendor that aggregate
			 $500 during a calendar year, provide the political committee, individual or
			 group with a detailed account of the expenditures within five days, in
			 accordance with M.G.L. c. 55, § 18D(b). Vendors are not required to
			 provide this information to the committee, individual or group, prior to
			 reaching the $500 threshold. Upon reaching the $500 threshold, the detailed
			 account provided to the committee, individual or group shall describe all
			 expenditures made, including those made prior to reaching the
			 threshold.
(3)
Definition of Subvendor
. A
Subvendor
is any individual who provides goods or
			 services to a vendor or who contracts with a vendor to provide goods or
			 services to a committee, or to an individual or group required to file a report
			 of ballot question expenditures under M.G.L. c. 55, § 22, except the
			 following persons or businesses are not considered subvendors under M.G.L. c.
			 55, § 18D.
(a) A person who is an
			 employee of a vendor, and has been an employee of the vendor for a period of at
			 least three consecutive months prior to any month in which a committee,
			 individual or group is required to file a subvendor report.
(b) An individual or business that provides
			 goods or services to another business or individual in the usual course of
			 business. For example, a business that has an existing agreement to provide a
			 printing company with paper and ink is not a subvendor.
(c) An individual or business that provides
			 goods or services to a subvendor.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 2.00 - Political Expenditures › Section 2.19 - Reporting of Ballot Question Expenditures by Individuals, or by Corporations, Associations, Organizations or Other Groups of Persons

Current through Register 1525, July 5, 2024
(1) A corporation, association, organization
			 or other group of persons, other than a political committee, or an individual
			 which makes an expenditure to influence or affect the vote on a ballot question
			 must file a report disclosing the expenditure, pursuant to M.G.L. c. 55, §
			 22, unless such expenditures:
(a) are made for
			 campaign materials such as signs or literature, and the materials are not
			 distributed prior to the relevant election;
(b) are made for campaign materials and the
			 purchase takes place more than six months prior to distribution, in which event
			 the disclosure may take place at the time of distribution, rather than at the
			 time the expenditure was made; or
(c) are contributions to a ballot question
			 committee.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 2.00 - Political Expenditures › Section 2.20 - Independent Expenditure, Electioneering Communication, Ballot Question Disclaimers

Current through Register 1525, July 5, 2024
(1)
Scope of 970 CMR 2.20
. In accordance with M.G.L. c.
			 55, § 18G, disclaimers are required on certain independent expenditure,
			 electioneering communication, and ballot question communications and
			 advertisements ("public communications"). 970 CMR 2.20 is issued to provide
			 guidance regarding these requirements.
(2)
Public Communications
			 Requiring a Statement of Responsibility Disclaimer in Accordance with the First
			 Paragraph of M.G.L. c. 55, § 18G
. Persons and entities,
			 including political committees, that make independent expenditures or
			 electioneering communications, are required to include the Statement of
			 Responsibility disclaimer in:
(a)
Paid Radio Advertising
.
(b)
Paid Television
			 Advertising
.
(c)
Paid Internet Advertising
. A Statement of
			 Responsibility Disclaimer is required in Internet advertising supporting or
			 opposing a candidate, including a podcast, in-app advertising, or social media
			 advertising, if the advertising has a market value exceeding $250.
(d)
Paid Electronic Advertising
			 Sent in Video Format,
if the communication has a market value
			 exceeding $250.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 2.00 - Political Expenditures › Section 2.21 - Independent Versus Coordinated Expenditures

Current through Register 1525, July 5, 2024
(1)
			 The definition of "independent expenditure" in M.G.L. c. 55, § 1 includes
			 expenditures made "without cooperation or consultation with any candidate or a
			 nonelected political committee organized on behalf of the candidate or an agent
			 of the candidate" and specifies that the expenditures may not be made "in
			 concert with or at the request or suggestion of the candidate" or a committee
			 organized on behalf of the candidate.
(2) The definition of an "electioneering
			 communication" in M.G.L. c. 55, § 1 includes issue-oriented communications
			 aired or published within 90 days of a general or special election.
(3) Throughout 970 CMR 2.21, the terms
			 "candidate" and "committee" include their agents, when the agent is acting
			 within the scope of his or her authority. For the purposes of 970 CMR 2.21, an
			 "agent" of a candidate or committee is any person or entity who has actual
			 authority, either express or implied, to engage in activities on behalf of the
			 candidate or committee. An "entity" is any group including, but not limited to,
			 an Independent Expenditure PAC, that either makes an independent expenditure or
			 electioneering communication expenditure, as those terms are defined in M.G.L.
			 c. 55, § 1. The "current campaign" means the year beginning January
			 1st of the calendar year which has a primary,
			 preliminary or general election for an elective office, and also means for any
			 special election for an elective office, the period beginning on the date a
			 special election is scheduled by the speaker of the house of representatives in
			 accordance with M.G.L. c. 54, § 141 or by the senate in accordance with
			 the Amendments, Article XXIV, of the State Constitution. The ending date of the
			 current campaign means the date of the election.
(4)
Coordinated Expenditures Are
			 Treated as Contributions
. For purposes of 970 CMR 2.21, any
			 expenditure is considered a contribution if it is coordinated and funds a
			 communication that:
(a) expressly advocates
			 the nomination, election or defeat of a clearly identified candidate or
			 candidates; or
(b) is an
			 electioneering communication,
i.e.,
a communication that names
			 a clearly identified candidate or candidates and is distributed within 90 days
			 of an election; or (c) taken as a whole, unambiguously urges a particular
			 result in an election, unless otherwise exempted from the definition of
			 "contribution" by any other provision of
			 970 CMR
			 2.00 or the "membership communications" exemption in
			 M.G.L. c. 55, § 1.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 2.00 - Political Expenditures › Section 2.22 - PACs - Disclosure and Other Requirements

Current through Register 1525, July 5, 2024
(1)
Independent Expenditure PACs
. A political action
			 committee that receives contributions to make independent expenditures is an
			 "independent expenditure PAC". 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.
(a) The
			 required content and timing of reports filed by independent expenditure PACs is
			 defined in 970 CMR 2.22(2). Except as indicated in 970 CMR 2.22, independent
			 expenditure PACs are subject to all reporting requirements that apply to other
			 PACs.
(b) An independent
			 expenditure PAC makes all of its expenditures without cooperating or consulting
			 with any political committee as defined in
			 970 CMR
			 2.21. If an independent expenditure PAC makes
			 coordinated expenditures with a candidate or candidate's committee, a PAC that
			 is not another independent expenditure PAC, or a political party committee, the
			 independent expenditure PAC immediately becomes a traditional PAC subject to
			 the limits on contributions that may be received or made by other
			 PACs.
(c) An independent
			 expenditure PAC must include the words "independent expenditure political
			 action committee" in its name.
(d)
			 For purposes of 970 CMR 2.22, a "traditional PAC" is a PAC that is not an IE
			 PAC.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 3.00 - Rules of procedure › Section 3.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
The Director of the Office of Campaign and Political Finance
				has the power and authority to investigate the legality, validity, completeness
				and accuracy of all reports and actions required to be filed and taken by
				candidates, treasurers, political committees, and any other person pursuant to
				M.G.L. c. 55 and any other laws of the commonwealth pertaining to campaign
				contributions and expenditures.
970 CMR 3.00 governs
				investigations and hearings conducted by the Office. They have been adopted to
				guide the Office in fulfilling its statutory responsibilities in a fair and
				effective manner. They are also intended to protect the rights of candidates,
				treasurers, witnesses and all others involved in any hearings or investigations
				conducted by the Office. The Director may, in his or her discretion, permit
				certain activities and procedures relative to the conduct of investigations and
				hearings which are not covered by
				970 CMR
				3.00, but which are not inconsistent with
				970 CMR
				3.00, M.G.L. c. 55 or any other law. The Office may
				also adopt internal guidelines to enable it to effectively and efficiently
				fulfill its statutory mandate.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 3.00 - Rules of procedure › Section 3.02 - General Provisions

Current through Register 1525, July 5, 2024
970 CMR 3.00 may be amended at
				any time, and such amendments shall take effect in accordance with M.G.L. c.
				30A.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 3.00 - Rules of procedure › Section 3.03 - Representation

Current through Register 1525, July 5, 2024
(1) An individual may appear on his or her
			 own behalf.
(2) A duly authorized
			 officer or employee may represent a corporation, association or other entity;
			 an authorized member may represent a partnership or joint venture and an
			 authorized trustee may represent a trust.
(3) A witness shall have the right to be
			 represented by counsel. The Director may, however, require counsel to file a
			 notice of representation at any point prior to counsel representing a person or
			 entity.
(4) The Director may
			 determine that representation by a counsel of more than one witness is not in
			 accordance with
			 970 CMR
			 3.00 and may therefore not permit such dual
			 representation.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 3.00 - Rules of procedure › Section 3.04 - Reviews and Investigations

Current through Register 1525, July 5, 2024
(1)
Initiation of Reviews and Investigations
.
(a) The Director may initiate reviews or
			 investigations of any and all matters relative to all reports and actions
			 required to be filed and taken by candidates, treasurers, political committees
			 and any other person pursuant to M.G.L. c. 55 and any other laws of the
			 commonwealth pertaining to campaign contributions and expenditures.
(b) The initiation of any particular
			 investigation or review shall be within the discretion of the Director or any
			 employee or agent to whom he delegates that discretion.
Code of Massachusetts Regulations › 970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE › Title 970 CMR 3.00 - Rules of procedure › Section 3.05 - Summonses

Current through Register 1525, July 5, 2024
(1)
Summonses for Books and
			 Papers
.
(a) The Director may
			 issue summonses requiring the production of any books, papers, records,
			 documents, correspondence or any other material relevant to any matter under
			 review or investigation by him;
(b)
			 A person summoned to produce books and papers pursuant to 970 CMR 3.05(1) shall
			 do so at the time and place specified in the summons unless another time and
			 place is mutually agreed upon by the Office and the person summonsed;
(c) All books, papers and records obtained
			 pursuant to a summons issued under 970 CMR 3.05(1) shall be retained by the
			 office for so long as needed for an investigation. A person who has produced
			 records pursuant to such a summons may request the Director to provide access
			 to the records for inspection or copying at the party's expense. Such access
			 shall be permitted provided it does not unduly interfere with the work of the
			 Office;
(d) The person to whom a
			 summons is issued pursuant to 970 CMR 3.05(1) may seek modification of the
			 scope or terms for compliance with the summons by filing with the Director an
			 Application for Modification of the Summons. Such application must be filed no
			 later than five calendar days after the date of issuance of the summons. It
			 must state with particularity the requests for modification and the reasons and
			 any argument in support of such modification. The Director may approve or deny,
			 in whole or in part, such application for modification, or otherwise modify the
			 scope and terms of the summons.