| AO-01-32 |
Corporation may pay stipend to former employee who "externs" for a candidate's political committee. The stipend is not a payment made to promote the candidate because it is made to enhance the corporation's ability to retain, in the long term, promising employees. In addition, the program provides employees with an opportunity to expand their skills and experience and thereby to enhance their value if they subsequently return to the corporation. |
| AO-01-31 |
The fact that the members of a bargaining unit are also union members would not preclude the bargaining unit from engaging in political activity pursuant to IB-88-01 independent of the union if the bargaining unit is an otherwise autonomous entity with a segregated account. |
| AO-01-30 |
Persons who collect qualifying contributions in amounts of $50 and less on behalf of a depository candidate may obtain a bank check for the cash they collect and send the check to the political committee along with Qualifying Contribution forms for each contributor. The amount of a cash contribution, when added to any other contribution made by a contributor during a calendar year, may not exceed $50.00. In addition, those collecting the contributions provide information to the committee reflecting the name and residential address of all contributors and the amount of each individual contribution. [Clean Elections Law repealed 2003] |
| AO-01-29 |
A municipal website may include links to local party committees' websites if "equal access" to all such committees is afforded. |
| AO-01-28 |
A state representative may use his personal vehicle as a mobile district office, to provide constituent services, and as a campaign vehicle provided that he records and discloses the costs of detailing and campaign signage used on the vehicle as in-kind contributions from him to his political committee on campaign finance reports. |
| AO-01-27 |
This advisory opinion discusses the applicability of Anderson and §§ 13-17 to different public and private groups involved in a Proposition 2 ½ override. |
| AO-01-26 |
Funds raised and spent in connection with an election to a state party committee may not be received from business or professional corporations and appointed public employees may not be involved in soliciting or receiving such funds. In addition, participants in the Clean Elections program must, if funds received during an election cycle for such purposes are "contributions" in accordance with the "testimonial" provision of chapter 55, deposit the funds into the candidate's segregated participant election account, and such contributions would be subject to the individual limit of $100 per cycle from each contributor and aggregate limits established by chapter 55A for allowable contributions, and expenditures made in connection with such "testimonial" fundraising would be subject to the expenditure limits of chapter 55A. [Clean Elections Law repealed 2003] |
| AO-01-25 |
Generally speaking political contributions financed through payroll deductions cannot exceed $50 per contributor per calendar year because such contributions do not meet the criteria set forth in M.G.L. c. 55, § 9A and are not by way of written instrument. This is not the case, however, where union members can authorize independent trustees to transfer cash from their individual vacation accounts into the PAC's account every six months. As long as the PAC is provided with a copy of the member's signed authorization, containing the information and disclaimer required by § 9A, at the time of the transfer, the union member may give, and the PAC may accept, contributions in this manner up to the legal limit. [Overruled in substantial part by c. 149 of Acts of 2004, which amended Section 9A to allow PACs to accept contributions up to $500 by payroll deduction in a calendar year] |
| AO-01-24 |
Association, a not-for-profit corporation that receives contributions from business corporations may host "meet the candidate" evenings to meet endorsed candidates if the Association's expenses are consistent with the exercise of ordinary hospitality. Further, the Association may send out a questionnaire to candidates, endorse candidates, issue endorsement letters to candidates and publicize its endorsement of these candidates to its members. Because the Association does not customarily issue press releases, it should not do so in this instance. |
| AO-01-23 |
A legislator may solicit corporations that cater to seniors for funds to be used solely to distribute a guide designed to help seniors organize the information and services that government agencies provide. |
| AO-01-22 |
Voluntary work provided by attorneys employed by a union on their own time to a candidate or political committee, and any expenses incidental thereto, would not be a "contribution" by the employees or the union to the candidates or committees. Instead, it would be a "personal service" provided to the candidates or committees. If an employee providing services to a candidate or committee also was involved in the union's decision making process regarding which candidates or committees should be supported, such involvement could call into question the independence of the union's expenditures. |
| AO-01-21 |
Testimonials are subject to the campaign finance law where they are given in honor of a candidate and involve "fundraising activity held on behalf of" the candidate. This occurs when the candidate or his political committee derives money or anything of value from the event apart from the distinction of being the honoree. Under these circumstances the proceeds and expenses related to the testimonial are deemed to be reportable "contributions" and "expenditures" and all of the provisions of the campaign finance law must be complied with. If a candidate is the honoree of a testimonial but the candidate or his committee does not accrue any benefit from the testimonial fundraiser, then the proceeds and expenses related to the testimonial would not be "contributions" or "expenditures" and thus would not fall under M.G.L. c. 55. |
| AO-01-20 |
A political committee may maintain a Web site that contains a separate, segregated page listing those who have endorsed the campaign, even if public employees are included in the list. The endorsements page contains no language requesting a contribution or support and does not direct the user to any other page on the Web site. A separate page, which may also be reached from the home page, solicits campaign contributions. In addition, the opinion states that if the committee receives contributions from public employees who made the contributions after receiving emails sent by others to the public employees at work, such contributions must be returned or refunded. |
| AO-01-19 |
Opinion discusses whether procedures contemplated by a state party committee conform to our credit card regulations. Specifically, the following three areas are discussed, (1) the requirement that the committee to compare the name, address and billing information submitted by contributor with the card issuing banks records; (2) the committee's duty to elicit information from contributor to ensure that the contribution conforms to the c. 55, and c. 55A, if applicable; and (3) the manner in which the committee's should submit certain required information to its depository bank on an OCPF form. [But note that OCPF subsequently revised the regulations relating to the receipt of credit card contributions by deleting 970 CMR 1.09(2)(a)(4), a regulation that is discussed in the opinion] |
| AO-01-18 |
Donations made to a non-profit corporation created to fund the councilor's district office may be considered "contributions," and as such, they would be subject to the requirements and limitations of the campaign finance law. |
| AO-01-17 |
A contribution should be considered to be given "in exchange" for something of value if the contribution would not have been made "but for" the providing of the thing of value to the contributor. To determine whether food and entertainment constitutes "something of value" provided in exchange for contributions, it is helpful to apply the standard used in determining whether such food and entertainment would be considered "ordinary hospitality" and therefore not a "contribution" as that term is defined in section 1 of chapter 55. Consistent with the ordinary hospitality analysis, if light refreshments, such as cheese and crackers, were served to persons making a contribution, we would not conclude that such contributions could be considered qualifying contributions. [Clean Elections Law repealed 2003] |
| AO-01-16 |
A candidate may raise money, before filing a declaration of intent, over the $100 limit on allowable contributions, if before filing a declaration of intent the candidate returns or refunds all amounts received over $100. Funds raised in amounts exceeding $100 must, however, be deposited into a "prior year election account." Once the amount exceeding $100 is returned or refunded, the remaining amount may be transferred to the candidate's segregated participant election account. The Clean Elections Law does not, however, provide an opportunity for candidates who decide to participate and who become certified candidates to later opt out of the system before the end of the election cycle, even if the system is not fully funded. [Clean Elections Law repealed 2003] |
| AO-01-15 |
A town party committee chartered to support local issues and candidates may, from its general treasury, make unlimited in-kind contributions to candidates or any ballot question committees formed in connection with the town charter revision election. The Committee may also raise money to make further in-kind contributions to candidates and/or ballot question committees involved with the election as long as it does not raise money specifically to influence a ballot question, or otherwise solicit or receive contributions "earmarked" for a particular candidate or ballot question committee. [Discussion regarding receipt of earmarked contributions no longer in effect] |
| AO-01-14 |
Melrose Memorial Hall, a city-owned building used primarily to accommodate gatherings of private parties, may be used for fundraising events, even though a public employee has an office in the building. The public employee is responsible for overseeing the use of the hall. In AO-94-04 the office stated that the building was not "occupied for municipal purposes," but at that time there were no offices within the building occupied by public employees. Based on the new circumstances, the office concluded that the building could still be used for such purposes as it appeared that no public employee in the building would be subjected to unwanted pressures in connection with a political fundraising event, nor would visitors coming to the building for purposes not related to the fundraising event be subjected to such pressures. |
| AO-01-13 |
The prohibitions of Section 14 do not apply to a political campaign fundraising event that takes place on the grounds of a municipal golf course, where the clubhouse is "occupied for municipal purposes" but where the fundraising activities will be restricted to the grounds of the golf course or to a tent on the grounds and the clubhouse will not be used for any political fundraising activities.
[Overrules, in part, AO-91-19.] |
| AO-01-12 |
Where a town leases office space to commercial tenants in a public building, § 14 does not prohibit the receipt of political contributions in the private commercial offices. |
| AO-01-11 |
A committee for a statewide candidate may rent a bus to transport individuals to the state party convention to hold signs and greet people on behalf of the candidate. |
| AO-01-10 |
A candidate who leaves elected office does not have to dissolve his campaign committee if he remains a "candidate" pursuant to c. 55, § 1. That is, he anticipates that he may run for public office in the foreseeable future. If this is the case, the committee may spend and raise money in a manner otherwise consistent with the campaign finance law. |
| AO-01-09 |
As a non-profit corporation whose general treasury does not contain funds derived from business or professional corporations, TEAM may make political contributions to any legislative or constitutional candidate running for office without the assistance of public financing. Opinion discusses applicability of IB-88-01 to such an entity. |
| AO-01-08 |
§ 19 does not require the political committee of a Cambridge city councillor, which was formed before § 19 applied to the city, to enter the depository system unless the candidate is currently seeking to be nominated or elected to public office, or will do so in the future. The committee may continue to operate with the limited purpose of paying off existing liabilities, continuing to report to the city clerk, until all debts are satisfied. The committee, however, must open a depository account immediately if the councillor takes the necessary steps to get on the ballot in the fall, or otherwise accepts a contribution or makes expenditure to further her nomination or election to public office. |
| AO-01-07 |
There is no reporting requirement where supporters or members of a political committee or organization e-mail contributors, members and friends on their own time to influence the vote on a ballot question or if a membership organization sends emails to its members. However, if an e-mail list were given to a political campaign there would be a contribution of a "thing of value." |
| AO-01-06 |
This opinion responds to a number of questions posed by the Massachusetts Audubon Society concerning the extent to which it could encourage municipalities within the Commonwealth to accept the Community Preservation Act, M.G.L. c. 44B by adopting local community preservation programs. The opinion also responds to questions regarding expenditures by the Community Preservation Coalition, which is made up of Audubon and 33 other organizations working to promote implementation of the Act. |
| AO-01-05 |
The Senate Clerk may provide links to members' private websites if the name of the website, the text of the link, or the web address (URL) do not advocate a particular vote and the content of the private website is limited to information for constituents. The General Court website should not, however, provide any links to private sites which (1) solicit contributions, votes or volunteers; or (2) contain express advocacy supporting or opposing any candidate, party or ballot question. |
| AO-01-04 |
Independent contractor may solicit or receive contributions, or serve as treasurer of committee, even if director of office for which he is retained to provide services, an appointed public employee, is the candidate. The opinion discusses application of second sentence of section 13 to an independent contractor who wishes to serve as treasurer of the public employee's political committee. |
| AO-01-03 |
Public funds should not be used to distribute citizen's guide to the Community Preservation Act if the guide, in addition to describing the Act also describes the benefits for a particular town and notes that for the town to adopt the Act, residents will need to vote in favor of a question on the ballot in a town election. The guide may be produced and made available to persons who ask for information regarding the ballot question, but may not be distributed unsolicited to residents. To be distributed to voters, it would need to be revised to include only a description of the operation of the Act. |
| AO-01-02 |
A corporation may continue to employ an individual who accepts a paid position with a political committee given the circumstances described in this opinion, even if the employee may from time to time be required to undertake activities within her employment by the committee from the corporation's offices. Such dual employment would not involve the making of a corporate contribution where (1) the corporation allows its employees to perform non-business related activities during normal work hours or to take on a second job, and (2) the corporation expects an employee to make up the time that the employee misses performing non-business activities, to remain as a full time employee and perform the same roles as the employee had before and to devote the same amount of time to those roles. Where activities undertaken by the employee for the committee at the corporation's offices may include infrequent use of telephones and computers owned by the corporation, such use would not involve the making of a corporate contribution if the committee promptly reimburses the corporation for the fair market value of the equipment. |
| AO-01-01 |
This advisory opinion request was submitted by an organization comprised of two separate non-profit corporations, having segregated accounts. One non-profit was a 501(c)(3) corporation ("an education fund") involved in voter registration, education and turnout work. The other non-profit was a 501(c)(4) organization, described as an "action fund," that made expenditures to support or oppose candidates. The opinion noted that the 501(c)(3) corporation could receive public funds to support its work. A related "Action Fund" could make expenditures to support or oppose candidates, political parties or ballot questions, in accordance with IB-88-01. |
