| AO-97-25 |
Campaign funds may be used to plan inaugural ball. The holding of an inaugural ball is part of the
transition of government, and like the provision of constituent services, such expenditures are incurred in
connection with the performing of official duties. [Overruling AO-91-28] |
| AO-97-24 |
An inaugural ball may be held in a public building if the event is civic in nature, open to the public, run
by an inaugural committee separate and distinct from the candidate's political committee, and if no
funds raised in connection with the event are transferred to the political committee. |
| AO-97-23 |
A group may recruit candidates who support the agenda of the group and may encourage contributions to
endorsed candidates without such activity causing the group to be considered a political committee. If
candidates who do not support the group's agenda are excluded from the group's candidate's
schools, however, the group must register as a political action committee. |
| AO-97-22 |
An individual may use his own funds to pay for a poll to help him decide whether to run for office.
The poll may not be used to encourage persons to vote for the individual if the individual actually does
run for office. |
| AO-97-21 |
Non-profit corporation which has an affiliated PAC may make contributions of up to $15,000 from the
corporation's general treasury, to candidates, PACs and party committees during a calendar year, if
(1) the sum is less than 10% of the corporation's gross annual revenues for the previous year and
(2) the corporation's general treasury contains no business or professional corporation funds. |
| AO-97-20 |
M.G.L. c. 55, s. 11 prohibits a political committee from soliciting contributions from another candidate,
but does not prohibit a political committee from soliciting another candidate's political
committee. |
| AO-97-19 |
A candidate committee may make initial contributions to establish a charitable foundation, and also may make
annual contributions to the foundation. |
| AO-97-19A |
A candidate and members of the candidate's family may serve as an honorary member of the board of a
charitable entity receiving funds from the candidate's committee, but may not be "involved in any
manner in the operations" of the entity. |
| AO-97-18 |
Charitable contributions by political committees must be made in accordance with M.G.L. c. 55, s. 6 and 970
CMR 2.06(3)(a). Such contributions do not, however, have to be "incidental" to the total
annual political committee expenditures in order to comply with the campaign finance law or
regulations. [Overruling contrary guidance in AO-94-20, AO-89-29, AO-88-31, AO-86-19 and
AO-83-14] |
| AO-97-17 |
Sheriff's employees may distribute plastic badges bearing name of sheriff at a community event, if the
primary purpose of the activity is to assist the Sheriff in fulfilling his governmental duties. Such
outreach activities may use public resources, even if also enhancing a candidate's political
future. |
| AO-97-16 |
M.G.L. c. 39, s. 16, which authorizes finance committees to report "to the town" on all
"municipal questions," applies to information to be distributed to town meeting or other town
bodies, not the voters of the town in regards a ballot question. |
| AO-97-15 |
Limited Liability Companies (LLCs) are not "business corporations." Funds contributed by
LLCs to candidates, however, may not include amounts attributable to a member which is either a professional
or business corporation. Contributions should be attributable to individual members, in the same
manner as contributions from partnerships. LLCs, if composed of individual members rather than other
business entities, are "membership organizations." [But see c. 28 of the Acts of 2009,
which amended Section 8 to prohibit contributions from LLCs.] |
| AO-97-14 |
A local party committee which raises and spends funds to influence a local ballot question must register and
report as a ballot question committee. If a local party committee makes expenditures (but does not
raise funds) for such purpose, the committee must still disclose the expenditures according to the schedule
which would apply to local ballot question committees. |
| AO-97-13 |
A party committee may establish a web page and invite committees and candidates to use a "calendar of
events" section without charge. Although the committee must report expenditures made to establish
and maintain the page, candidates, committees and organizations which use the "calendar of events"
are not receiving a "contribution" from the party. |
| AO-97-12 |
A committee may not keep proceeds of a winning raffle ticket purchased by the committee from a charitable
organization. The committee must return the proceeds to the organization which held the raffle. |
| AO-97-11 |
PACs, which are "maintained" by the same association, are "affiliated" committees and
their contributions will be aggregated to determine compliance with the limits established by M.G.L. c. 55,
s. 6. |
| AO-97-10 |
A ballot question committee, which is organized to support the passage of an override needed to renovate or
expand a school, may remain in existence after the question is defeated to try to obtain a favorable vote
several months later when the question is again put on the ballot. The committee may also remain in
existence to support a ballot question to obtain funding for the design phase of the project, as well as a
later question to obtain funding for the construction work. |
| AO-97-09 |
Where a new organization to be called the Massachusetts Republican Legislators Association would not raise
funds or make expenditures to influence elections, it would not be a "political committee."
The Association would be considered a "membership organization" because it will identify
individuals within the organization as members and require some affirmative action to be taken by persons in
order to become members, e.g., payment of dues or the person's making a request to be included on the
membership list. The Association would not be required to file with OCPF or take any other action under
the campaign finance law. |
| AO-97-08 |
A PAC may be created with two separate accounts, one for federal candidates and one for state candidates,
provided the funds are segregated. The state account would organize as a Massachusetts PAC and would
be subject to the Massachusetts campaign finance law. |
| AO-97-07 |
If a PAC is composed of public employees, members may not solicit prospective new members. Solicitation
must be done by retirees or other persons who are not public employees. |
| AO-97-06 |
Legislator may use campaign funds to pay for creation of internet home page to be used to provide legislative
information to constituents. |
| AO-97-05 |
Once a board of selectmen decide to place a question on the ballot, information regarding the ballot question
may not be distributed to voters using public funds. A flyer "advocating" a "yes"
vote on an anticipated ballot question not yet "on the ballot" would also not comply with
Anderson. |
| AO-97-04 |
Political party committees organized in accordance with M.G.L. c. 52 on behalf of a political party as
defined in M.G.L. c. 50, s.1 become political action committees if political party loses its status and is
reclassified as a political designation. |
| AO-97-03 |
A representative town meeting member may assist in establishing PAC and may serve as officer of PAC once it
is established. |
| AO-97-02 |
The state political committee organized on behalf of a candidate who seeks federal office may pay legal fees
incurred in a civil action seeking a declaration that the candidate won a federal election, if such payment
is consistent with federal law. |
| AO-97-01 |
Use of building operated by organization receiving funding from commonwealth is appropriate if equal access
provided. |
