| AO-00-19 |
A Board of Selectmen may endorse a political candidate and notify the candidate of the endorsement in the ordinary course by sending a letter to the candidate, even if the letter contains the town seal. Such activities would not violate the campaign finance law. The office did not, however, address whether these activities raise issues under the conflict of interest law. Therefore, the office suggested the Board of Selectmen contact the Ethics Commission before issuing the endorsement. |
| AO-00-18 |
Candidate committee may conduct auction but may not organize a PAC or people's committee to conduct an auction on its behalf. Artists and others, who donate personal artwork, others goods or services, are providing the committee with a personal service that is not subject to contribution limitations or reporting requirements. The sale of a piece of art or other good or service at auction, however, is a contribution to the committee by the successful bidder that is subject to the relevant contribution limits of the campaign finance law. |
| AO-00-17 |
Union may make independent expenditure to support candidate even though candidate's wife is a union employee. Facts presented in the opinion do not indicate that the candidate, his committee or any other person including his wife consulted or cooperated or acted in with, or otherwise requested or suggested that, the union make such an expenditure. |
| AO-00-16 |
Association created by statute that the state secretary determines is principal opponent of a ballot question may use public resources to prepare 150-word argument against question and be listed as contact organization in state secretary's voters guide. |
| AO-00-15 |
An official town Web site may remove links to an individual or group if such action is taken in accordance with a policy that ensures that all persons and groups are treated equally regardless of political viewpoint. In addition, a town may remove links for a period before an election, but is not required to do so. |
| AO-00-14 |
Costs of membership organization to have staff member (a) escort a candidate for state office, who has been endorsed by the organization, to the homes of members, (b) go to the homes of members (without the candidate) to discuss the organization's endorsement of the candidate, and (c) organize a membership meeting for the purpose of inviting the candidate to address members, would not be "contributions" or "expenditures" subject to the campaign finance law. |
| AO-00-13 |
Political committee of an elected official who is a participant may pay for cost of mailing birthday cards if cost is "directly related" to official's nomination or election. Expense would be subject to the Clean Elections Law's expenditure limits and chapter 55's reporting requirements. If elected official pays the expense personally the expense would not be subject to Clean Elections Law's expenditure limits or to chapter 55's reporting requirements. [Clean Elections Law repealed 2003] |
| AO-00-12 |
A town may put information on its Web site pertaining to ballot question, even if it references an anticipated election. Any public record the creation of which is consistent with an official's scope of responsibilities, which can be posted on a bulletin board or given to persons who ask for copies, may also be posted on the Web site. A town Web site may not be used, however, to campaign for a particular vote on a ballot question. [Overruling, in part, AO-99-06]. |
| AO-00-11 |
Section 13 prohibits appointed public employee from offering home, which the employee is sole owner of, to be used by candidate for fundraising event. |
| AO-00-10 |
Section 5A does not prohibit elected official from serving as principal officer of a federal PAC. |
| AO-00-09 |
Ballot question committee organized for purpose of promoting ballot question that would overturn town meeting vote may make legal expenditures in connection with lawsuit seeking order that would put question on the ballot. The committee may remain in existence pending final determination in the lawsuit. During such time, however, it must file campaign finance reports with the town clerk. |
| AO-00-08 |
A municipal ballot question committee organized to support a spring ballot question that did not materialize may deposit contributions received and, if an anticipated fall override does not take place, refund those contributions in accordance with 970 CMR 1.04(9)(b). Such refunds may take place more than 90 days after receipt but should be made either on a pro-rata basis or on a "last in, first out" basis. 970 CMR 1.04(7)-(9) provide treasurers with an opportunity to determine whether a contribution is legal, improper or inconsistent with committee policy and, if not, to return or refund the contribution. The regulations are not designed to permit treasurers to keep uncashed checks "in escrow" for unlimited periods of time. |
| AO-00-07 |
Newspaper space for column provided to an incumbent legislator is not a "contribution" if no solicitation of contributions and no advocacy for or against a candidate is involved. In addition, the column may be considered a constituent service. |
| AO-00-06 |
Public school teachers should not distribute a notice to students regarding the formation of a ballot question committee, which provides a point of contact for the committee. Such activity would be inconsistent with the campaign finance law because it would involve the use of public resources (teachers) for a political purpose. In addition, it could be seen as an indirect solicitation of contributions. |
| AO-00-05 |
An issues advocacy organization which receives some of its funding from business corporations (that are not members) may endorse candidates. The organization may publicize the endorsements in a newsletter to be distributed to members that contains the endorsements. The newsletter may also be distributed to non-members, assuming the newsletter is regularly published and is not a special election-related edition, I.e., it does not involve costs in excess of what is normally paid to produce the regularly published newsletter. The newsletter may not be distributed beyond the scope of organization's membership if it is a special edition. Consistent with organization's customary practices, the organization may also issue a press release to publicize the endorsements. The organization's PAC may make independent expenditures. The organization may not, however, operate a candidate school. |
| AO-00-04 |
A town may provide space in its publicly funded newsletter for statements to be provided by candidates for contested seats. As proposed, the printing of such information would not involve extraordinary or unusual expenditures and would ensure that equal access is provided to all candidates for contested seats. |
| AO-00-03 |
A federal PAC may not contribute to a Massachusetts candidate committee. The opinion describes briefly the rationale for this prohibition: The prohibition is needed because in its absence there would be no way of knowing if funds used in a Massachusetts campaign were raised in accordance with the limits established by the campaign finance law, which differ from federal law. |
| AO-00-02 |
Limitation on contributions from legislative and executive agents to candidates and political committees does not apply to contributions made to the federal account of a state political party or to any other federal political committee. |
| AO-00-01 |
A straw ballot conducted pursuant to an order of a city council is not an election even if the City Council declares its intention of selecting the people's choice as expressed in a preference poll. Persons running for the preference poll are not therefore candidates for purposes of M.G.L. c. 55 and do not have to file campaign finance disclosure reports. Nothing is chapter 55, however, prohibits the city council from adopting disclosure requirements similar or identical to those in chapter 55. Since restrictions on public employee fundraising and fundraising in public buildings may apply, however, persons are advised to observe these restrictions. |
