| AO-93-36 |
The city of Cambridge may make expenditures for a legal challenge to the Attorney General's certification of an
initiative petition on a matter pertaining to cities and towns if the city does not use the litigation to
influence the vote. |
| AO-93-35 |
Out-of-state ballot question committee may solicit and receive contributions to be used to support or oppose
Massachusetts ballot question, but must register and file reports with OCPF. |
| AO-93-34 |
A public employee may provide services, before and after work and on weekends, to a campaign, provided there is
no solicitation of monies for political purposes and that the employee also complies with other provisions of
the law. |
| AO-93-33 |
When a candidate decides to close his political committee account, funds remaining in the account must be given
to an entity specified in M.G.L. c. 55, s. 18. |
| AO-93-32 |
Provision of personal services (e.g., designing brochure) and incidental expenses of person providing services
are not in-kind contributions. |
| AO-93-31 |
A political committee may purchase items from an auction company and hire the company to conduct a fundraising
auction. The committee must pay fair market value for items purchased, hire company at its usual charge,
maintain records and implement safeguards to avoid receipt of excess contributions. |
| AO-93-30 |
Where a ballot question committee was organized to promote a Proposition 2 ½ override and the question
has been decided, the committee must dissolve, and residual funds must be donated to a fund or organization
defined in c. 55, s. 18. |
| AO-93-29 |
Partnership's method of making contributions to candidates is permissible where each contribution is attributable
to individual partners. |
| AO-93-28 |
Public employees are not prohibited by s. 13 from being guest speakers at Middlesex Club luncheons if no
political fundraising will take place. The club, although organized to promote "Republican principles"
does not use proceeds of the luncheons for political purposes. |
| AO-93-27 |
Commissions received by a political committee from a corporation for services to be rendered by committee
(marketing of telephone services) are prohibited by M.G.L. c. 55, s. 8. In addition, ongoing business ventures
of the type anticipated are not consistent with M.G.L. c. 55, s. 7. |
| AO-93-26 |
A lobbying group may reimburse a ballot question committee for expenditures made by the committee which sought a
declaratory judgement regarding the constitutionality of an initiative petition. |
| AO-93-25 |
Lobbying expenses directly related to enhancing a ballot question committee's purpose can be made by committee.
[Overruling in part AO-89-26, AO-86-15, AO-84-05, AO-83-13, AO-83-06, and IB-90-02] |
| AO-93-24 |
A call fire fighter who receives $4.31 per hour and is supervised by fire district is public employee, not an
independent contractor. A call fire fighter, unlike a voluntary fire fighter, is subject to the restrictions of
s. 13. |
| AO-93-23 |
A committee may repay a 10 year loan made by the candidate to the committee even if the loan was not previously
reported to OCPF, but the committee must first establish the loan's existence and demonstrate that the loan was
never repaid. In addition, amendments must be filed. |
| AO-93-22 |
Expense of legislator and aide attending conference, determined to be legislative service, may be paid by
political committee. |
| AO-93-21 |
A candidate and member of a school committee may use campaign funds to purchase a second telephone line and
answering machine, to be used to respond to constituent inquiries, for the candidate's home. |
| AO-93-20 |
An individual may require a candidate to complete a questionnaire to be eligible for the receipt of a
contribution. |
| AO-93-19 |
A legislative aide may work, during aide's personal time, for legislator's political committee. The aide may
not, however, engage in fundraising. |
| AO-93-18 |
Committee can produce and distribute informational newsletter concerning public schools or pay speakers to
appear at parent meetings if the expenditures are made to enhance the candidate's political future or to
facilitate constituent services. |
| AO-93-17 |
"Ordinary hospitality" means a generally accepted level of hospitality, not the level of hospitality customary
for a particular individual. |
| AO-93-16 |
A public employee may run for elected office without taking a leave of absence, but must take a leave of absence
to raise funds. |
| AO-93-15 |
Candidate for city council is not a "depository candidate" and is not required to deposit committee funds in a
trust company or national bank. [But see M.G.L. c. 55, s. 19(a) as amended] (requiring candidates for
mayor or other citywide office in certain cities to file as depository candidates). Banks may choose not to
open a depository account for a depository candidate. |
| AO-93-14 |
Political committee may not pay rent for legislator's Boston apartment, which is primarily for personal
use. |
| AO-93-13 |
Political committee could pay planning board's cost of mailing information to community describing board
initiatives and for food and audio media resources at government meeting if candidate's political future
enhanced. [But see M.G.L. c. 55, s. 6 which now allows expenditures for constituent and legislative
services] |
| AO-93-12 |
A committee may continue to raise and expend funds for individual who recently left office, since the individual
may still be considered a "candidate." |
| AO-93-11 |
Opinion summarizes restrictions on public employee fundraising and states that public employees have a
responsibility to use reasonable care to ensure compliance. |
| AO-93-10 |
"Indirect solicitation" |
| AO-93-09 |
Public Employee may not accept payment for admission, distribute tickets or solicit attendance for a
fundraising event. |
| AO-93-08 |
A political committee cannot pay for volunteer's legal expenses resulting from altercation of personal
nature. |
| AO-93-07 |
A school system may distribute pamphlets influencing the outcome of town meeting. |
| AO-93-06 |
A constitutional candidate's political committee could make charitable donation to an organization if the
contribution complies with 970 CMR 2.05(2)(w). In addition, the recipient organization may not itself be a
political committee or making expenditures exceeding the incidental threshold established in IB-91-01. |
| AO-93-05 |
A political committee organized on behalf of a depository candidate must designate a depository bank, but does
not have to open a bank account absent campaign finance activity. |
| AO-93-03 |
M.G.L. c.55, s.18 permits residual campaign funds to be donated to a charitable entity organized to finance a
memorial to John F. Kennedy. |
| AO-93-02 |
A candidate incurring liability separate from political committee is required by M.G.L. c.55, s.18 to file a
report reflecting that activity. |
| AO-93-01 |
An out-of-state political committee cannot contribute to a Massachusetts political committee or candidate
without first setting up a separate segregated account as a Massachusetts political committee. |
