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By Mr. Petersen of Marblehead, petition (accompanied by bill, House, No. 684) of Douglas W. Petersen and others to establish public financing of statewide and legislative offices. Election Laws. |
The Commonwealth of Massachusetts
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PETITION OF:
Peter V. Kocot
Patricia D. Jehlen
Carl M. Sciortino, Jr.
Anne M. Gobi
John W. Scibak
Jarrett T. Barrios
James B. Eldridge
Ellen Story
——————
In the Year Two Thousand and Seven.
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An Act to establish public financing of statewide and legislative offices. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Unless a contrary intention clearly appears, the words and phrases used in this chapter shall have the following meanings:
"Certified candidate", a participant who is certified by the director under section 5. Unless a contrary intention clearly appears, certified candidate shall refer to this candidate and this candidate's committee, as defined in section 1 of chapter 55.
"Public Financing funds", the funds distributed from the Massachusetts Public Financings Fund by the director to certified candidates pursuant to sections 7, 8 and 11.
"Contribution", contribution as defined in section 1 of chapter 55, except that the use by a participant of the participant's home, car, computer, facsimile machine, telephone or similar such equipment shall not be considered a contribution.
"Declaration of intent", a form prescribed by the director and signed by a candidate and the candidate's campaign treasurer under the pains and penalties of perjury that states that the candidate has complied with and agrees to continue to comply with allowable and in-kind contribution and expenditure limits set forth in this chapter for participants, and will comply with all other requirements set forth in this chapter and in regulations promulgated by the director pursuant to this chapter.
"Director", the director of campaign and political finance as described in section 3 of chapter 55.
"Election cycle", as applied to a candidate for a particular state office shall be the period beginning on the thirty-first day following a regular state election for that office and ending on the thirtieth day following the next state election for that office, inclusive.
"Election year", as applied to a candidate for a particular state office shall be the calendar year during which a regular state election for that office is held.
"Expenditure", an expenditure as defined in section 1 of chapter 55, except that expenditures shall not include in-kind contributions.
"General election campaign period", the period beginning the day following the primary election and ending on the day of the general election, inclusive.
"In-kind contribution", any contribution other than a monetary contribution.
"Massachusetts Public Financing Fund", the fund established under section 42 of chapter 10 and from which funds are distributed to certified candidates.
"Massachusetts Public Financing", the optional system of contribution and expenditure limits and public campaign financing established under this chapter.
"Matchable contribution", a monetary contribution made by check or credit card to a
participant by an individual other than a registered lobbyist or an individual having or bidding on a contract with the Commonwealth of Massachusetts or serving as an officer in a company that has or is bidding on a contract with the Commonwealth, made during the election cycle, and drawn on the account of the contributor.
"Monetary contribution", any contribution which is monetary in nature, including without limitation, cash, checks, loans, advances, money orders, or postage.
"Non-participating candidate", a candidate who has not been certified pursuant to section 5, or who has been decertified pursuant to section 16. Unless a contrary intention clearly appears, non-participating candidate shall refer to this candidate and this candidate's committee, as defined in section 1 of chapter 55.
"Obligated expenditure", an expenditure that a candidate is legally obligated to make or has otherwise agreed to make, but has not yet made.
"Participant", a candidate who has voluntarily agreed to participate in Massachusetts Public Financing, and who has submitted and not withdrawn a declaration of intent, and who has been neither denied certification nor decertified by the director. Unless a contrary intention clearly appears, participant shall refer to the candidate and the candidate's committee, as defined in section 1 chapter 55.
"Political committee", a political committee as defined in section 1 of chapter 55, including a political party committee, but not including a committee which exclusively receives contributions or makes expenditures for the purpose of opposing or promoting a charter change, referendum question, constitutional amendment, or other question submitted to the voters.
"Primary election campaign period", the period beginning the day following the qualifying period and ending the day of the primary election, inclusive.
"Qualifying contribution", an allowable contribution to a participant of at least five dollars made during the qualifying period and after submission of a declaration of intent. An allowable contribution is a qualifying contribution only if it is accompanied by a form prescribed by the director upon which appears: (1) the amount of the qualifying contribution; (2) the name and address of the contributor; and (3) a statement signed and dated by the contributor stating that he wishes the participant to be eligible for Massachusetts Public Financing. A contribution to a participant running for house of representatives is a qualifying contribution only if it is made by a registered voter who is registered in a ward or voting precinct wholly or partially contained in the participant's house district. A contribution to a participant running for senate is a qualifying contribution only if it is made by a registered voter who is registered in a ward or voting precinct wholly or partially contained in the participant's senate district. A contribution to a participant running for statewide office is a qualifying contribution only if it is made by a registered voter who is registered in the Commonwealth. For the purpose of this definition, registered voter shall refer to a person who either is registered at the time he makes a qualifying contribution or becomes registered at least twenty days before the participant makes application to become a certified candidate. During any election cycle, only one allowable contribution by a particular voter to a given participant may be considered a qualifying contribution to that participant.
"Qualifying period", the period during which a candidate may collect qualifying contributions for the purpose of becoming a certified candidate. For a candidate for statewide office, the period shall begin August 1 of the year preceding an election year and end on the last day that such candidate may file nominating papers with the state secretary pursuant to chapter 53. For a candidate for other state office, the period shall begin January 1 of an election year and end on the last day that such candidate may file nominating papers with the state secretary pursuant to chapter 53.
"State office", the offices of governor, lieutenant governor, attorney general, treasurer and receiver general, state secretary, auditor, state senator, and state representative.
"Statewide office", the offices of governor, lieutenant governor, attorney general, treasurer and receiver general, state secretary and auditor.
Section 2. Requirements for Participants.
All
candidates for state office shall continue to be bound by all other applicable
election and campaign finance statutes and regulations, unless they clearly conflict
with the provisions of this chapter. In addition, a participant in
Massachusetts Public Financing shall abide by the following requirements, and
no candidate not complying with such requirements at any time during an
election cycle shall be eligible to become a participant.
(a) During an election cycle, a participant shall not accept, expend, or
obligate to expend any contribution or funds from any source other than:
allowable contributions received in accordance with and subject to section
9; in-kind contributions received in accordance with section 10; and public
financing funds received pursuant to sections 7, 8 and 11;
(b) During an election cycle, contributions and public financing funds
received by a participant shall be used only to pay expenses or obligated
expenditures incurred during that election cycle;
(c) During an election cycle, a participant shall not spend any funds
raised or otherwise received in a prior election cycle for the purposes of the
current election cycle;
(d) A participant shall agree to and abide by the expenditure limits set
forth in section 6 and the allowable and in-kind contribution limits set forth
in sections 9 and 10; and
(e) During an election cycle, the financial activity of a participant's
candidate's committee shall be conducted from one account kept segregated and
separate from any other account.
Section 3. Declaration of Intent.
(a)
Any candidate for state office who chooses to become a participant in
Massachusetts Public Financings shall file with the director a declaration of
intent to participate as a certified candidate.
(b) A declaration of intent shall be filed with the director during the
election cycle and prior to the end of the qualifying period.
(c) A candidate shall submit a declaration of intent prior to soliciting
or collecting any qualifying contributions.
Section 4. Qualifying Contributions.
(a)
To become a certified candidate, a participant shall receive at least the
following minimum number of qualifying contributions for the following state
offices:
|
Governor |
6,000 |
|
Lieutenant Governor |
3,000 |
|
Attorney General |
3,000 |
|
Treasurer and Receiver General |
3,000 |
|
State Secretary |
2,000 |
|
Auditor |
2,000 |
|
State Senator |
450 |
|
State Representative |
200 |
(b) qualifying contributions plus other allowable contributions shall be equal or greater than:
|
Governor |
$150,000 |
|
Lieutenant Governor |
$75,000 |
|
Attorney General |
$75,000 |
|
Treasurer and Receiver General |
$75,000 |
|
State Secretary |
$50,000 |
|
Auditor |
$50,000 |
|
State Senator |
$11,250 |
|
State Representative |
$5,000 |
(c) No person shall make or give any payment, gift or anything of value in exchange for a qualifying contribution, and no such contribution shall be solicited, received, reported or treated as a qualifying contribution. Violation of this provision shall be punishable by a civil fine of not more than $5,000, as determined by the director, or, in the case of fraud, by a fine of not more than $25,000 and imprisonment for not more than two years.
Section 5. Certification.
(a)
Application to become a certified candidate for Massachusetts Public Financing
shall be made by a participant during the qualifying period.
(b) When making application for certification, a participant shall file
an update report. For a participant running for state senator or state
representative, the update report shall cover contributions and expenditures
during the period from January 1 of the election year through the third day
before application for certification, and shall have the content and format of
reports required pursuant to section 18 of chapter 55. For a participant
running for other state office, the update report shall cover contributions and
expenditures during the period from the last depository report filed pursuant
to section 19 of chapter 55, through the third day before application is made
for certification, and shall have the content and format of reports required to
be filed pursuant to section 19 of chapter 55.
(c) A participant's application to become a certified candidate shall be
on a form prescribed by the director and shall be signed by the participant and
the participant's campaign treasurer.
(d) The director shall certify a participant to participate for
Massachusetts Public Financing upon determining that the participant has:
(1) signed and filed a declaration of intent;
(2) collected the required number of qualifying contributions of
sufficient value and submitted supporting forms required pursuant to section 4;
(3) complied with the expenditure limits set forth in section 6;
(4) complied with the allowable and in-kind contribution limits set forth
in sections 9 and 10;
(5) met all other applicable requirements for participation established
in this chapter;
(6) agreed to continue to abide by all requirements for participants
after certification; and
(7) met all other applicable requirements concerning candidacy for state
office set forth in the constitution and in the general laws.
(e) In no case shall certification or denial of certification be
completed more than seven business days after a participant has applied to
become a certified candidate and submitted all appropriate supporting
documents.
(f) The director's certification or denial of certification is subject to
judicial review in the superior court of the county where the candidate resides
or in the Suffolk County Superior Court or in the supreme judicial court for
Suffolk county, provided, however, that any petition for judicial review shall
be filed within fourteen days after the end of the qualifying period.
(g) A participant who fails to become a certified candidate or who is
decertified shall no longer be considered a participant and shall no longer be
bound by the provisions of this chapter pertaining to participants.
Section 6. Expenditure Limits.
(a)
To become and remain a certified candidate, a participant shall abide by the
following expenditure limits, as adjusted in accordance with section 13 and
subject only to the exceptions noted in section 11:
(1) For each of the following state offices, during an election cycle and
before the end of the primary election campaign period, total expenditures and
obligated expenditures, not including in-kind contributions, shall not exceed
the following amounts:
|
Governor |
$3,000,000 |
|
Lieutenant Governor |
$ 750,000 |
|
Attorney General |
$ 750,000 |
|
Treasurer and Receiver General |
$ 750,000 |
|
State Secretary |
$ 375,000 |
|
Auditor |
$ 375,000 |
|
State Senator |
$ 80,000 |
|
State Representative |
$ 32,000 |
(2)
For each of the following state offices, total expenditures and obligated
expenditures, not including in-kind contributions, shall not exceed the
following amounts during a general election campaign period:
|
Governor |
$3,000,000 |
|
Lieutenant Governor |
$ 750,000 |
|
Attorney General |
$ 750,000 |
|
Treasurer and Receiver General |
$ 750,000 |
|
State Secretary |
$ 375,000 |
|
Auditor |
$ 375,000 |
|
State Senator |
$ 80,000 |
|
State Representative |
$ 32,000 |
|
|
|
Section 7. Matching Funds
A participant shall be eligible to receive matching funds on the basis of three public dollars for every dollar raised in matchable contributions, except that only the first $150 of any contribution will be so matched. Nor will contributions be matched if they exceed the amounts permitted by section 6 and section 9 as adjusted biannually according to section 13.
Section 8. Distribution of Matching Funds
(a) Distributions from the state election campaign fund authorized by the director shall be made within five business days after certification for participants who have an established opponent for matching funds up to the amount allowable. For the purposes of this section, an established opponent is a candidate running for the same state office who:
(1) has been certified as a participant;
(2) has been certified as a candidate in the electoral district in which the
participant is running by the secretary of the commonwealth.
(b) Upon certification participants shall report their contributions and receipts to the director on a form prescribed by him or her. The director shall ascertain the amount of matchable contributions and distribute from the state election campaign fund an amount equal to three times the amount of matchable contributions reported for that reporting period within 5 business days. Following certification, participants may file semi-monthly, but in no case less than once per month. Provided, however, that within the 30 days prior to the primary and the general elections, reports may be filed every five business days. Following each report the director shall distribute funds from the state election campaign fund in an amount equal to three times the matchable contributions reported for that reporting period. Funds shall be distributed within five business days except within 30 days prior to the primary and general elections in which case funds must be distributed within 2 business days.
(c) Within thirty days after the general election, a participant shall return all campaign funds that were not expended or obligated to be spent during the election year to the state election campaign fund in accordance with regulations issued by the director under section 12.
(d) The director shall further establish regulations concerning the use and disposition of surplus campaign materials and equipment.
Section 9. Allowable Contributions.
(a)
In any election cycle, the aggregate total of all allowable contributions
accepted by a participant, including qualifying contributions, for the
following offices shall not exceed, except as adjusted by section 13:
|
Governor |
$3,000,000 |
|
Lieutenant Governor |
$750,000 |
|
Attorney General |
$750,000 |
|
Treasurer and Receiver General |
$750,000 |
|
State Secretary |
$ 325,000 |
|
Auditor |
$ 325,000 |
|
State Senator |
$ 60,000 |
|
State Representative |
$ 20,000 |
(b)
Any candidate may return a contribution or any portion thereof, and such
returned amount shall be neither counted as part of the contribution, nor
counted toward the limit stated in subsection (a).
(c) In the event that a participant has accepted allowable contributions
which exceed the limit set forth in this section, the participant shall return
any such excess funds to the contributors. The refund of excess funds shall be
made not later than three days after discovery by the participant, or not later
than three days after notification by the director, whichever is earlier.
Section 10. In-Kind Contributions.
(a)
A participant may accept in-kind contributions only from political committees
and individuals.
(b) In any election cycle, the total value of all in-kind contributions
accepted by a participant for the following offices shall not exceed:
|
Governor |
$100,000 |
|
Lieutenant Governor |
$50,000 |
|
Attorney General |
$50,000 |
|
Treasurer and Receiver General |
$50,000 |
|
State Secretary |
$35,000 |
|
Auditor |
$35,000 |
|
State Senator |
$ 9,000 |
|
State Representative |
$ 3,000 |
Section 11.Aditional Matching Funds.
(a)
If at any time during the primary election campaign period, the total of any
non-participating candidate's expenses exceeds the primary election expenditure
limit provided in section 6(a)(1), the non-participating candidate shall within
seven days file an excess expense report with the director. After the first
excess expense report, a non-participating candidate shall file an excess
expense report every seven days until fourteen days before the primary
election, after which such report shall be filed every two business days until
the day of the primary election. No excess expense report shall be required for
any period during which no excess expenses are incurred.
(b) If at any time during the general election campaign period, the total
of any non-participating candidate's expenses exceeds the general election
expenditure limit provided in section 6(a)(2), the non- participating candidate
shall within seven days file an excess expense report with the director. After
the first excess expense report, a non-participating candidate shall file an
excess expense report every seven days until fourteen days before the general
election, after which such report shall be filed every two business days until
the day of the general election. No excess expense report shall be required for
any period during which no excess expenses are incurred.
(c) Absent a report of excess expenses, the director may, after notice
and opportunity for hearing, make a determination that a non-participating
candidate has incurred excess expenses based upon other available evidence or
information.
(d) Notwithstanding the provisions of sections 6, 7 and 8, during the
primary election campaign period, upon receipt of an excess expense report or
upon a determination by the director that a non-participating candidate has
incurred excess expenses in a primary election, the director shall within two
business days distribute to each certified candidate in such primary election
race an amount equal to the amount of such excess expenses. The expenditure
limit set forth in section 6(a)(1) for each certified candidate in such primary
race shall be increased by such amount.
(e) Notwithstanding the provisions of sections 6, 7 and 8, during the
general election campaign period, upon the receipt of an excess expense report
from a non-participating candidate running for governor or lieutenant governor
or the determination by the director that excess expenses have been incurred by
such a candidate, the director shall within two business days:
(1) distribute to each certified candidate for governor whose lieutenant
governor running mate has not exceeded the general election expenditure limit
set forth in section 6(a)(2), funds in the amount by which expenses during the
general election campaign period by the candidate team of the excess expending
candidate exceed the sum of the general election expenditure limits for
governor and lieutenant governor set forth under section 6(a)(2); and
(2) increase the expenditure limit set forth in section 6(a)(2) for each
certified candidate for governor, excluding any candidate for governor whose
lieutenant governor running mate has exceeded the general election expenditure
limit set forth in section 6(a)(2), by an amount equal to the funds distributed
to such certified candidate pursuant to subsection (e)(1).
(f) Notwithstanding the provisions of sections 6, 7 and 8, during the
general election campaign period, upon the receipt of an excess expense report
from a candidate that is running for state office other than governor or
lieutenant governor or upon the determination by the director that excess
expenses have been incurred by such a candidate during the general election
campaign period, the director shall within two business days distribute to each
certified candidate in such general election race an amount equal to the amount
of such excess expenses. The expenditure limit set forth in section 6(a)(2) for
each certified candidate in such general election race shall be increased by
such amount.
(g) Notwithstanding the provisions of subsections (d), (e) and (f),
(1) the maximum amount of Public Financing funds distributed to a
certified candidate during the primary election campaign period pursuant to
this chapter, including matching funds, shall not exceed twice the primary
election expenditure limit set forth in section 6(a)(1);
(2) the maximum amount of Public Financing funds distributed to a
certified candidate during the general election campaign period pursuant to
this chapter, including matching funds, shall not exceed twice the general
election expenditure limit set forth in section 6(a)(2);
(3) in any race with more than one non-participating candidate, each
certified candidate in that race shall receive matching funds only up to the
amount of the excess expenses made by the non-participating candidate or
candidate team having the highest excess expenses.
(h) For the purposes of this section, during the primary election
campaign period, expenses shall include: expenditures and obligated
expenditures incurred during the election cycle; and in-kind contributions
received during the election cycle in excess of the limit set forth in section
10.
(i) For the purposes of this section, during the general election
campaign period, expenses shall include: expenditures and obligated
expenditures incurred during the general election campaign period; and in-kind
contributions received during the election cycle in excess of the limit set
forth in section 10, minus any such in-kind contributions that were already
counted as part of excess expenses during the primary election campaign period.
(j) An excess expense report shall include a statement of expenses
incurred in excess of the expenditure limit for the campaign period in which it
is filed. An excess expense report filed prior to fourteen days before a
primary or general election shall cover expenses incurred during the period
from the last day covered by the last report until seven days before the date
of filing of the current report. An excess expense report filed within fourteen
days of a primary or general election shall cover expenses incurred during the
period from the last day covered by the last report until two days before the
date of filing of the current report.
(k) A non-participating candidate who fails to file an excess expense
report pursuant to subsections (a) or (b), or who does not disclose all
expenses required in such report, shall, after notice and opportunity for
hearing, be fined by the director an amount equal to two times the amount of
the unreported expenses. Such fine shall not be paid out of the campaign
account of the non-participating candidate's committee.
(l) For the purposes of this section, candidate team shall refer to the
candidates for governor and lieutenant governor who are grouped together on the
official ballot as set forth in Article of Amendment 86 of the Constitution.
(m) Any expenditure limit which is increased pursuant to this section
shall be increased only for the current election cycle, and shall not apply to
future election cycles.
Section 12. Use of Funds.
(a)
A participant may pay and expend allowable contributions and Public Financing
funds received under this chapter only for reasonable and necessary expenses
directly related to the campaign of such participant and shall not make any
expenditure that is primarily for the participant's or any other person's
personal use.
(b) If the director determines that any portion of Public Financing funds
distributed to a certified candidate under this chapter was used for any
purpose other than to defray campaign expenditures in that candidate's
campaign, or to repay loans the proceeds of which were used to defray campaign
expenditures in that campaign, the director shall so notify the certified
candidate and the certified candidate shall, after notice and opportunity for
hearing, pay an amount equal to the full amount so used to the Massachusetts
Public Financings Fund.
Section 13. Adjustment by Consumer Price Index.
The dollar amounts in sections 6, 7, 9 and 10 shall be adjusted as provided in this section. By February 1 of the year preceding an election year, the director shall determine the percentage increase in the consumer price index from December of the date of the passage of this act to the most recent December. The dollar amounts and limits set forth in sections 7(a), 9(a) and lO(b) shall be increased by that percentage, and shall be rounded off to the nearest one hundred dollars. The expenditure limits for each state office set forth in section 6(a)(1) shall be increased by the sum of the corresponding increase in section 7(a)(1) and 60% of the corresponding increase in 9(a). The expenditure limits for each state office set forth in section 6(a)(2) shall be increased by the sum of the corresponding increase in section 7(a)(2) and 40% of the corresponding increase in 9(a). The director shall use the revised consumer price index for all urban consumers for the Boston-Lawrence-Salem, Massachusetts-New Hampshire metropolitan area prepared by the United States Department of Labor.
Section 14. Promulgation of Regulations; Director.
(a)
The director shall promulgate such rules and regulations as are necessary to
implement the purposes of this chapter, including but not limited to the
following:
(1) The director shall promulgate a declaration of intent form pursuant
to sections 1 and 3.
(2) The director, in consultation with the state secretary, shall
promulgate regulations governing the certification of the registration status
of voters making qualifying contributions pursuant to section 4.
(3) The director shall promulgate regulations and forms governing
application for certification, the filing of update reports, and the timely
certification of participants pursuant to section 5.
(4) The director shall promulgate regulations governing the disbursement
of general election public financing funds and the timing of such disbursement
in the event that primary election results are subject to a recount or judicial
review.
(5) The director shall promulgate regulations governing application,
certification, expenditure limits, allowable and in-kind contribution limits,
and distribution of Public Financing funds for candidates running in a special
election.
(6) The director shall promulgate regulations governing the return of
allowable contributions by certified candidates pursuant to section 9.
(7) The director shall promulgate regulations and forms governing the
submission of excess expenditure reports pursuant to section 11.
(8) The director shall promulgate regulations governing the return of
Public Financing funds in the case of the death of a certified candidate or
withdrawal of a certified candidate from a race.
(b) The director shall have the same power and authority to investigate
the legality, validity, completeness and accuracy of all reports filed and
actions taken by candidates pursuant to this chapter as is provided by section
3 of chapter 55 pertaining to campaign contributions and expenditures. Such
power shall include, but not be limited to, the issuance of summonses.
(c) The director may waive all or part of any civil penalty set forth in
this chapter for good cause shown; provided, however, that such findings and
the reasons therefor are put in writing.
(d) The director shall annually determine the amount of funds required
for the full implementation of all provisions of this chapter. Pursuant to
section 3 of chapter 29, the director shall annually make a request to the
budget director for inclusion of a request in the budget for such funds. In no
case shall the amount of such request exceed 0.1% of the total amount
appropriated by the most recently enacted annual general appropriation act.
Section 15. Statements to the Director.
All reports and statements filed with the director pursuant to this chapter shall be signed under the penalties of perjury.
Section 16. Decertification.
(a)
In addition to any other penalties which may be imposed under this chapter, the
director shall, after notice and opportunity for hearing, decertify any
participant who knowingly:
(1) exceeds the expenditure limit specified in section 6;
(2) accepts any contribution in violation of the allowable or in-kind
contribution limits set forth in sections 9 and 10;
(3) falsely reports any expenditure or contribution; or
(4) fails to disclose any expenditure or contribution as specified in
this chapter or in sections 18 or 19 of chapter 55; unless such candidate can
establish to the director that such violation was of a trivial or limited
character.
(b) Any participant who fails to meet the nominating requirements set
forth in chapter 53, including but not limited to a candidate who has lost the
party primary, and who has exhausted all legal rights to meet such
requirements, shall be decertified by the director.
(c) Any participant decertified pursuant to this chapter, except a
candidate who is decertified solely for not winning the party primary who shall
return all unexpended primary election public financing funds in accordance
with section 8(b), shall forfeit and return, with interest from date of receipt
to date of return at the rate computed as specified in section 6 I of chapter
231, all Public Financing funds which said candidate has received. Funds
forfeited and all applicable interest returned by a decertified candidate shall
be deposited in the Massachusetts Public Financing Fund.
(d) A participant decertified by the director for any violation of
sections 6, 9 or 10 of this chapter shall, after notice and opportunity for
hearing, be fined an amount equal to two times the amount at issue for each
violation. Such fine shall not be paid from the campaign account of the
certified candidate's committee.
(e) A participant decertified by the director for falsely reporting or
for failing to report or disclose any contribution or expenditure required to
be reported or disclosed pursuant to section 18 of chapter 55 or section 5(b)
of this chapter shall, after notice and opportunity for hearing, be fined an
amount equal to two times the amount at issue for each violation. Such fine
shall not be paid from the campaign account of the certified candidate's
committee.
(f) All fines imposed by the director under this section shall be paid
within 120 days of the decertification and shall be deposited in the
Massachusetts Public Financing Fund.
(g) Decertification is subject to judicial review in the superior court
of the county where the candidate resides or in the Suffolk county superior court
or in the supreme judicial court for Suffolk county, provided, however, that any petition
for judicial review shall be filed within ten days of receipt of notice of
decertification.
(h) The director shall provide to the decertified candidate written
explanation for the cause of decertification.
Section 17. Review Commission.
(a)
There is hereby established a Special Commission on Public Financings to
consist of three members of the senate, one of whom shall be the chairman of
the joint committee on election laws who shall serve as co-chairman, one of
whom shall be the senate president or his designee, and one of whom shall be
the minority leader or his designee, and three members of the house of
representatives, one of whom shall be the chairman of the joint committee on
election laws who shall serve as co-chairman, one of whom shall be the speaker
of the house or his designee, and one of whom shall be the minority leader or
his designee, the governor or his designee, the state secretary or his
designee, and eight Massachusetts citizens representing the public to be
appointed by the director of the office of campaign and political finance.
(b) The special commission shall investigate and study the workings of
the Massachusetts Public Financings, including, but not limited to, the
required number of qualifying contributions, the adequacy of the level of
support required, expenditure limits for participants, adequacy of funding for
the Massachusetts Public Financings, the level and impact of independent
expenditures in Massachusetts elections, the cost of implementation, estimated
cost of compliance with this chapter by the office of campaign and political
finance, and the priority of funding Public Financings candidates in the event
the legislature appropriates insufficient funds. The office of campaign and
political finance shall consult with and provide information and assistance to
said commission in the preparation of its report. Said commission shall begin
to meet and conduct hearings no later than January 15 of the even numbered year
following the passage of this act and shall report to the general court the
results of its investigation and study, and its recommendations, if any,
together with drafts of legislation necessary to carry its recommendations into
effect, by filing the same with the clerks of the senate and the house of
representatives and the chairmen of the senate and house committees on ways and
means no later than October 1, of the year following the passage of this act. Said
commission shall meet and hold hearings at least every two years and shall
report to the general court in the same manner before the first Wednesday of
October in every even numbered year following.
Section 18. Effective Dates.
This
chapter shall be effective for all election cycles beginning January 1 of the
even numbered year following its passage.