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:

 


Douglas W. Petersen

Peter V. Kocot

Patricia D. Jehlen

Carl M. Sciortino, Jr.

Anne M. Gobi

John W. Scibak

Jarrett T. Barrios

James B. Eldridge

Ellen Story

 

 


 

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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:


 

Section 1. Definitions.

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.