| AO-98-25 |
Both campaign funds and privately raised funds may be used to pay for an inaugural ceremony or event provided no private funds
financially benefit the elected official or that official's political committee. [See also AO-97-25] |
| AO-98-24 |
A PAC must report the independent expenditures on schedule B of its campaign finance reports. There are no limits, however, on
the amount of such expenditures - whether for a state candidate or a congressional candidate, assuming the making of the
expenditures is consistent with the principle for which the PAC was organized. |
| AO-98-23 |
A media organization that invites some, but not all, "qualified candidates" seeking a particular office to participate
in a debate does not make an in-kind contribution to the invited candidates who agree to participate in the debate. |
| AO-98-22 |
A membership organization which supports a PAC may include, with a mailing to members, a contribution envelope to be used by
members who choose to make contributions to the PAC. In doing so, the organization would not be making an in-kind contribution
to the PAC. Providing the contribution envelope is a membership communication. |
| AO-98-21 |
If a membership organization's communication to members solicits contributions to be received and used by an organization
to support or oppose a candidate or ballot question, the organization would be operating as a political committee. |
| AO-98-20 |
Political committee funds may be used to pay a Senator's staff members to perform campaign activities for Senator, if staff
members are not already compensated for by the commonwealth for that time. |
| AO-98-19 |
The costs associated with a legislator and the legislator's aide attending a conference relating to legislation in China
may be paid for by a political committee. The expenditure would be made to enhance the candidate's political future.
In addition, it would be associated with providing legislative services. [Overruling, in part, AO-89-22, AO-92-08 and
AO-92-10] |
| AO-98-18 |
A non-profit's registered legislative or executive agent may deliver a contribution from a PAC supported by the
organization. The contributions delivered by the agent would be considered contributions of the PAC only. |
| AO-98-17 |
A supporter who provides a committee with space in basement of home is providing personal service rather than an in-kind
contribution, at least where the supporter shares occupancy, and the space is not regularly rented out. |
| AO-98-16 |
Although held on the same day, each party's primary election is a separate election. The expenditure limits established by
c. 55A [c. 55C] are, therefore, determined by reference only to candidates seeking nomination in that
party's primary. The opinion also states that expenditures made during the primary campaign to respond to ads attacking
a candidate are not exempt expenditures even if a candidate seeking the same office in another party's primary election pays
for the ads. [References in the opinion to c. 55A should now be construed to refer to c. 55C, the current limited public
financing statute] |
| AO-98-15 |
Party committee could not raise funds by focusing on specific races if persons "earmark" contributions (they would
reasonably intend contributions to be used for specific candidate campaign). Segregating the funds and reserving the right
to use funds for other purposes would not alter the conclusion that the plan would not comply with the law. A party
committee may, however, raise funds for a slate of candidates. [No longer in effect.] |
| AO-98-14 |
Fundraising event may take place in Lelacheur Park in Lowell. M.G.L. c. 55, s. 14 would not be violated because the ballpark is
leased to a private party and contains no municipal offices. [Following AO-94-04 and AO-89-07] |
| AO-98-13 |
Member of the Franklin Council of Governments Executive Committee is a "candidate" and must file pre-election and
year-end reports with OCPF. Although he previously was a County Commissioner subject to the requirements of M.G.L. c. 55,
s. 19, as a member of the Executive Committee, the member would no longer be a depository candidate. (Note that reference
to Martha's Vineyard Commission on page 3 of the opinion is incorrect, since candidates for Martha's Vineyard Commission do not
file campaign finance reports with OCPF). |
| AO-98-12 |
Corporation could not provide fundraising via the Internet to candidates. The process envisioned by the corporation, by which
contributors would use credit cards to make contributions, would not ensure that contributions would be limited to $50.00 during
any calendar year from any one contributor. |
| AO-98-11 |
Finance committee may use public resources to distribute a report which does not mention an override election before town
meeting. The campaign finance law does not prohibit distribution of information relating to both the town meeting warrant
article and a related ballot question -- if the information primarily relates to the warrant article and distribution is
consistent with the responsibilities of the distributing agency or official. [Overruling, in part, AO-96-30] |
| AO-98-10 |
Part-time member of the National Guard is generally "employed for compensation" by the commonwealth and subject to
M.G.L. c. 55, s. 13, even when not on duty. |
| AO-98-09 |
Public employee may help candidate with election day poll coverage, polling, gathering voter results, getting sign locations, on
weekends, nights and/or vacation time. The employee may not develop mailing lists if he knows or has reason to know that
they will be used for fundraising, but the opinion suggests that employee not participate in this activity. |
| AO-98-08 |
Ballot question committees must generally dissolve after the vote on the question the committee was organized to support or
oppose has taken place. A committee may remain in existence only to support or oppose identical or substantially identical
questions (or, in rare instances such as AO-97-10 and AO-95-11, integrally related questions). [See also AO-93-30,
regarding a committee wishing to support a different question which was considered not substantially identical] |
| AO-98-07 |
Massachusetts candidate's campaign funds may, consistent with the Massachusetts campaign finance law, be used to assess a
possible federal candidacy, but such expenditures would probably not be consistent with Federal law and regulations. |
| AO-98-06 |
Superintendent of schools who regularly sends newsletter to parents may use the newsletter to mention date of election and the
fact that there is a debt override relating to a school building project. In addition, the superintendent may allow
architect's displays to be placed in school lobbies, if equal access is provided. |
| AO-98-05 |
Teacher in town's adult education program is an independent contractor not subject to s. 13 if he sets his own hours, does
not receive work-related benefits from the town, is not supervised or controlled by the town, and provides services at his own
discretion. |
| AO-98-04 |
A ballot question committee organized to oppose a question which would abolish tolls on highways, bridges and tunnels may be
called "Coalition to Preserve Our Roads and Bridges" or "Coalition for Preservation of Transportation
Resources." The name "Coalition for Transportation Progress" does not, however, clearly identify the expected
interest of contributors and should not be used. |
| AO-98-03 |
An association which does not receive public or corporate funding may provide administrative support for a dues check-off system
to fund a PAC. Contributions must be made through the affirmative action of members -- not a system where dues are paid
unless members indicate by checking a block that they do not want to make such contributions. |
| AO-98-02 |
A PAC which is organized in another state or at the federal level and does not receive contributions and makes expenditures to
influence the nomination or election of Massachusetts state, county or municipal candidates is not a PAC for purposes of M.G.L.
c. 55. Therefore, a principal officer of a non-Mass. PAC does not need to resign from such a position if he becomes a
candidate or an elected official. Section 5A, which prohibits candidates and elected officials from serving as a PAC's
principal officer, is not applicable in these circumstances. |
| AO-98-01 |
A non-profit corporation made up of business corporations is not a membership communication. The non-profit may, however,
communicate with members in the ordinary course without thereby making a contribution or expenditure. A communication which
urges the election or defeat of a candidate, not in the ordinary course, would violate M.G.L. c. 55, s. 8. Such a corporation
may solicit and receive contributions as an agent of a PAC organized by the corporation. |
