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Advisory Opinions By Year Issued
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AO-94-44 Committee may reimburse candidate for tickets to a sports event donated by the candidate to a charity, or to a campaign worker if the gift reflects the contributions made by the worker and is made In a timely manner.
AO-94-43 A "party building" organization like the Republican Club of Massachusetts is not a political committee.
AO-94-42 Funds received to pay for legal fees incurred in connection with recount are "contributions." Generally, if funds are given to a candidate for a purpose which is consistent with M.G.L. c. 55, s. 6 (i.e.., to enhance political future of candidate) a "contribution" has taken place. [Overruled by 970 CMR 1.04(13) effective 4/25/03]
AO-94-41 A union which employs an attorney on a monthly basis to provide various legal services may use the attorney to represent the union in connection with the qualification of a ballot question. The union must report the expenditure as the amount obtained by multiplying the attorney's usual rate per hour by the number of hours spent on the issue.
AO-94-40 Public employee may not raise funds for the Log Cabin Republicans, an organization which has as one of its primary goals ensuring that the Republican Committee "fulfill its promise to be a party of inclusion."
AO-94-39 A political committee is not obligated to refund a contribution at the request of a contributor absent facts which suggest that the contribution was illegal.  [See also 970 CMR 1.04(9)]
AO-94-38 Publicly owned but privately operated golf course may be used for fundraising events.
AO-94-37 The Anderson Court's prohibition against the use of public funds or resources to influence ballot questions is not applicable to town meeting.
AO-94-36 A PAC may make lobbying expenditures directly related to enhancing the purpose of the committee. This opinion also notes that the parent organization of a PAC may, consistent with IB-88-01, pay costs incurred by PAC in sending "voters' guide" to members of parent organization.
AO-94-35 Public employee may work on federal campaign while on vacation subject to fundraising prohibitions.
AO-94-34 Contributions cannot be refunded to a contributor when a committee dissolves, instead, they must be donated to a charity or other entity specified in the residual funds clause of s. 18.
AO-94-33 Candidates running as a team for the offices of governor and lieutenant governor may make joint expenditures for media time. The committee may apportion payment of bills based upon the amount of air time allocated to each candidate or based on relative benefit to each candidate.  [See 970 CMR 2.11]
AO-94-32 Government agency may use public resources to influence town meeting vote on proposed land reuse plan.
AO-94-31 A political committee may pay for candidate's legal expenses incurred in defending against defamation claim, but it may not judgment.
AO-94-30 A group could pay for broadcasts of a bona fide public service announcement of Attorney General without such payment being considered a "contribution," because such payment would not be made for the purpose of influencing the election of the candidate.
AO-94-29 Group interested in eventually forming new political party will need to open a depository account if the requirements for becoming a party are satisfied.
AO-94-28 A PAC may make expenditures to influence ballot questions if consistent with the purpose of the PAC. A ballot question committee must be formed if the PAC intends to solicit funds to influence a ballot question.
AO-94-27 A "bona fide" joint fundraiser by two political committees is permitted. [Overruling AO-88-02] Where each candidate will pay 1/2 of costs directly to the vendors there is no suggestion that event would not be "bona fide."
AO-94-26 An individual who is not a public employee may generally host a fundraiser in his home even if spouse is a public employee and spouse has a legal interest in home. [Distinguishing AO-84-06 and overruling AO-92-13]
AO-94-25 A political committee may pay for candidate's legal expenses related to Ethics Commission review where the review was made public and the publicity is likely to have a negative impact on the candidate's political future.
AO-94-24 Speakers bureau designed to increase "education and awareness" of issues relating to ballot question raises concerns under Anderson.
AO-94-22 A candidate's political committee may pay for candidate's participation in and sponsorship of golf tournament if participation is primarily to enhance candidate's political future.
AO-94-21 An elected official may form an "Issues oriented" group separate from political committee, with primary purpose of fostering debate on policy issues without the group being considered a "political committee." The group can publish a newsletter containing occasional endorsements. [But see AO-99-09]
AO-94-20 A political committee may make a contribution to a scholarship fund if the amount contributed is incidental to the total expenditures of committee, but may not solicit for the scholarship or administer the scholarship. [Overruled, in part, by AO-97-18]
AO-94-19 Legislator's expenses for lodging while attending legislative conference may not be paid by political committee if legislator also receives per diem.
AO-94-18 An unsolicited anonymous gift to candidate personally is not a "contribution" subject to the campaign finance law.
AO-94-17 Golf club which is owned and operated by municipality, and contains offices of public employees such as manager of club, is "occupied for municipal purposes" and may not be used for political fundraising event.
AO-94-16 A state representative's political committee may purchase computer which will be used solely for constituent services.
AO-94-15 Sheriff's political committee may make expenditures for gifts to be given to sheriff's employees who invite sheriff to social functions, if gifts are of reasonable value, not made to a relative or friend, appropriate for the occasion, and made to a constituent or in other manner that results in publicity and political good will. [See 970 CMR 2.06(3)(b)(2)]
AO-94-14 A member of an adjudicatory board is subject to the second sentence of M.G.L. c. 55, s. 13 even if the member takes an unpaid leave of absence. The member may not solicit or receive contributions from a person (or controlling person of corporate entity) that filed a case with the board, if the board decides the case and the member participated in the decision.
AO-94-13 Obligations owed by committee to vendor which files for bankruptcy protection must be reported and, if possible, paid.
AO-94-12 A political committee may pay expenses which an individual credit card holder incurs on behalf of the committee, if committee complies with recordkeeping and disclosure requirements.
AO-94-11 School administrators can act or speak regarding ballot question which involves matters within scope of the administrators' official capacity.
AO-94-10 Expenses for commuting between district and State House, including car lease payments, may be paid by political committee if car is not used for personal travel and per diem is not accepted by legislator. [But see M-97-02 and M-97-03]
AO-94-09 Municipal Board of Selectmen may not use public resources to disseminate informational or advocacy material in regard to a townwide ballot question.
AO-94-08 State representative's political committee may hold appreciation party for legislative aide who is leaving staff. In this instance, expenditure would primarily be a recognition of the aide's role in providing legislative services.
AO-94-07 Board of Election Commissioners in City of Somerville is agency responsible for keeping and maintaining campaign finance reports.
AO-94-06 "Person in the service" may be treasurer of political committee only if committee refuses contributions from all other person in the service. Member of Board appointed by Governor but not compensated is not public employee but is "person in the service." [But see s. 15 as amended]
AO-94-05 A political Committee can pay candidate's spouse for work done for campaign, but facts in this instance suggested there was no need to do work (classification of boxes of records of previous campaigns). Therefore, it was determined that work would not enhance political future and expenditure would not be appropriate.
AO-94-04 Memorial Hall owned by municipality is not "occupied for municipal purposes" if it contains no government offices and is rented to private parties.
AO-94-03 Non-profit corporation or association cannot be used as a vehicle for business corporations' circumvention of M.G.L. c.55, s.8. Therefore, non-profit may not receive funds given with the intention that they be used to make a contribution to a committee other than a ballot question committee.
AO-94-02 A candidate's committee may purchase used pickup truck for campaign purposes. Before purchasing a vehicle, a committee must first try to lease a vehicle at a reasonable cost. [But see M-97-02 and M-97-03]
AO-94-01 Political fundraising in public university buildings is prohibited by s. 14.