| AO-02-36 |
Where the source, form and amounts are otherwise consistent with the campaign finance law, PAC contributions and MAR dues may be paid together on a single check if the local association accepting the check has first established a separate transmittal account to receive such payments. From there, the dues receipts and political contributions would be dispensed to the association and the Mass RPAC, with the PAC's portion going directly to the existing transmittal account for state and federal allocation. |
| AO-02-35 |
A political committee for a legislative candidate may without limitation make any expenditure that enhances the candidate's political future as long as the expenditure is not for the candidate's or any individual's personal use. This would appear to include an independent expenditure to benefit another candidate where such an expenditure is in the legislator's political interest and not for anyone's personal use. |
| AO-02-34 |
The state party committee may operate a phone bank, under the circumstances you have described, to promote your campaign and others, as long as the market value of the services, along with any other in-kind contributions by the Committee to you or your committee during the election cycle, does not exceed $1,000. To ensure compliance with M.G.L. c. 55A, § 10(a) and other provisions of the campaign finance law, however, the state party committee should not accept any in-kind contributions from other entities, such as a union, in conjunction with the phone bank because such contributions would be "earmarked" to benefit the slate of candidates to be promoted during the phone bank. The state party committee should assume all of the costs associated with a phone bank involving a Clean Elections participant. [Clean Elections Law repealed 2003] |
| AO-02-33 |
Special committees formed pursuant to § 10A for the limited purpose of receiving contributions and making expenditures in conjunction with a joint fundraiser between candidate and party committees are, as a matter of law, "political committees" subject to the $500 limit set forth in § 7(a)(3). [Overruled by subsequent change to regulations. See 970 CMR 2.12(2)(d)2] |
| AO-02-32 |
If a non-profit corporation solicits or receives funds specifically to influence a Massachusetts ballot question, the funds when received by the corporation should be made payable to a ballot question committee that the corporation may create. The committee may also receive stock as an in-kind contribution, but must liquidate the stock within five business days of receipt. |
| AO-02-31 |
It is a committee's primary intent in making an expenditure that is the relevant factor in determining whether the cost allocation of a joint expenditure is consistent with campaign finance law. OCPF regulations contemplate that only measurable factors be considered in the allocation of costs for joint expenses. These factors include print space, amount of airtime, distribution, consultant or staff time devoted to a particular committee, the market value of services received by committees, etc. |
| AO-02-30 |
The advice given in AO-01-21, applies to any type of testimonial or fundraiser where tickets are sold to benefit a political "candidate." Also, it would be inconsistent with the campaign finance law to use the proceeds raised by a testimonial for the candidate or any other person's personal use. |
| AO-02-29 |
This AO reviews fundraising dos and don'ts for appointed public employees. |
| AO-02-28 |
A consultant under contract with the Boston school department, who makes his own hours, pays his own taxes, is not supervised by the school department, and receives no benefits, is an independent contractor for the purposes of the campaign finance law even though he sometimes uses office space in a public building. |
| AO-02-27 |
Depository committee may use a personal credit card obtained by candidate if only the Committee uses the card, makes all payments directly to the credit card company, and complies with 970 CMR 2.09, including the disclosure requirements specified in the regulation. |
| AO-02-26 |
Political party committees may sponsor fundraising event to benefit charities, where no funds would be raised or spent by the committees. The individuals associated with the committees would volunteer their time. The only involvement of the committees would be lending their names as sponsors. It should be made clear to persons making contributions, however, that they are contributing to the charities, not to the political committees. |
| AO-02-25 |
An association with a PAC and people's committee may make political contributions and expenditures, subject to the 10/15 rule, to the PAC only. People's committees may only accept contributions from individuals. |
| AO-02-24 |
OCPF would decertify a clean elections statewide party candidate who fails to receive the required level of delegate support for nomination purposes, and such a candidate would be required to repay, with interest, the clean election funds received. The candidate may, however, apply for a waiver. [Clean Elections Law repealed 2003] |
| AO-02-23 |
The requirement that an individual must subscribe to a mailing list to receive certain benefits and information from a membership organization is sufficient to establish the subscribers as a "members" of the organization for the purposes of the campaign finance law even though there may be, according to the organization's internal structure, a second tier of membership requiring a service commitment or the payment of dues. |
| AO-02-22 |
A federal PAC may link the contributor page of a state candidate's website to its website. The inclusion of a such a link would not constitute a "thing of value," within the meaning of M.G.L. c. 55, § 1 even though it might result in a benefit to the Committee. The committee, however, must reimburse the PAC for any administrative costs stemming from this, regardless of how minimal they may be, to avoid the receipt of an in-kind contribution from the PAC. In addition, a federal PAC is not a "political committee" for the purposes of M.G.L. c. 55, therefore the bundling provisions of § 10A do not apply to the PAC.
[But note that OCPF's conclusion regarding reimbursing of federal PAC for posting of link is no longer in effect; See IB-04-01.] |
| AO-02-21 |
A candidate's committee can hold a golf tournament fundraiser at a municipal golf course if the committee uses a tent on the grounds and does not use the clubhouse for any fundraising activities. The committee may receive in bulk gift certificates that the municipal golf course normally provides to golfers who pay the course fee to distribute to the tournament participants. The committee may not, however, retain the gift certificates to use as prizes for the golf tournament. The committee may contract for "hole-in-one" prizes so long as the contracts are consistent with the normal course of business of the entities providing the goods and services. This opinion also gives recordkeeping and reporting advice for the contributions and expenditures that will arise from the golf tournament. |
| AO-02-20 |
A local ballot question committee which filed a statement of organization reflecting its purpose as the support of a debt exclusion to obtain funding for architect fees in connection with a school renovation project may remain in existence to support the subsequent ballot question to obtain funding for the project because the two phases are integrally related. The committee may amend its statement of organization to clarify its original purpose as supporting both phases of the project. |
| AO-02-19 |
Chapter 55 does not prohibit governmental resources from being used in connection with lobbying activities. Public school teachers should refrain, however, from using governmental resources to advocate a particular vote on a ballot question. Additionally, public school teachers may distribute information that relates to the lobbying project to their students, but should not use governmental resources to distribute information advocating a particular vote on a ballot question to their students or to the students' parents or guardians via the students. |
| AO-02-18 |
A university may pay a stipend to a student working as an intern for a candidate's political committee. The stipend is not a payment made to promote the candidate because it is made to provide financial assistance to the university's returning students. In addition, the program provides students with an opportunity to seek summer employment in their field of study thereby enhancing their education. |
| AO-02-17 |
Notwithstanding 970 CMR 5.04(2)(d), the election cycle and qualifying period of a legislative candidate in the November 2002 biennial election who was a candidate in a special election in April 2002 begins not on the 31st day following the special election, but 31 days before the date nomination papers are due in connection with the regular election. [Clean Elections Law repealed 2003] |
| AO-02-16 |
Notwithstanding 970 CMR 5.04(2)(d), the election cycle and qualifying period of a legislative candidate in the November 2002 biennial election who was a candidate in a special election in April 2002 begins not on the 31st day following the special election, but 31 days before the date nomination papers are due in connection with the regular election. Individuals who contributed in connection with the special election campaign may make an additional contribution in connection with the general election campaign if receipt of the additional contribution is consistent with the requirements of the limits of the campaign finance law. [Clean Elections Law Repealed 2003] |
| AO-02-15 |
This opinion contains substantial analysis regarding a ballot question committee formed to raise money to support the adoption of the CPA statewide. In fundraising to support this legitimate interest, the Committee must not solicit or receive funds specifically to influence a particular ballot question, or otherwise solicit or receive contributions earmarked for a local ballot question committee. If the Committee makes an expenditure, allocates resources or otherwise engages in activity to influence the outcome of a particular election it should provide the local election official with a copy of its statement of organization and then file Form CPF M 102, setting forth all of its campaign finance activity, eight days prior the election and either thirty days after a town election or, for city elections, on January 20 of the following year. The Committee will also file year-end reports with OCPF. |
| AO-02-14 |
C-SPAN, a non-profit corporation with corporate members, may distribute tote bags for the purpose of advertising C-SPAN, at a political convention. One side of the tote bag will be printed with C-Span's corporate logo; on the other side, the phrase "Welcome to the Massachusetts Democratic 2002 Convention" would be printed. C-SPAN has provided similar tote bags at other conventions, both Republican and Democratic. |
| AO-02-13 |
A consulting group, the sole proprietor of which is also the chairman of a PAC, may use the PAC's office and equipment if the consulting group reimburses the PAC for a portion of the office rent and equipment cost that represents the amount of actual use by the consulting group. Where the office is rented jointly by a federal and a state PAC, each of which pay 50% of the rent and equipment cost, the consulting group may, on a monthly basis, reimburse the state PAC for 50% of that portion of office rent and equipment cost that accurately reflects the percentage use by the consulting group. |
| AO-02-12 |
A political committee may use an on-line store, provided by an independent vendor, to distribute campaign items, such as bumper stickers and buttons. The vendor may receive funds without the funds being considered "contributions," if none of the proceeds are transmitted to the committee and if persons buying items are advised that they are not thereby making "contributions." If, however, the vendor provides some of the funds received for such items to the committee, the entire amount received by the vendor would be considered a "contribution." The committee could not in such circumstances consider the amount it receives in excess of the vendor's costs as "non-donated income." The committee may provide a link between the campaign website and the website of a vendor providing the on-line store to enable visitors to the campaign website to purchase merchandise directly from the vendor, if the committee has no role in handling funds or setting prices, does not receive any funds in the transaction, and provides a disclaimer stating that funds given to the vendor in exchange for items are not "contributions." The arrangement may not include a system whereby information regarding the persons buying the items, the amount of sales, location of purchases, or other information would be transmitted to the committee for the purpose of enhancing the committee's campaign efforts. |
| AO-02-11 |
The committees of candidates running as a team for governor and lieutenant governor may make joint expenditures to purchase signs, send a mailing and pay consultants that provide services to both campaigns as long as the primary purpose of each of the committees, in making the expenditures, is to promote the candidacy of the individual it was formed to support. Costs must be allocated proportionally based on (1) the amount of print space or air time devoted to each candidate, with consideration given to the intended recipients or audience, if the expenditure is for campaign literature or media advertising; or (2) in the case of services, the benefit provided to each candidate. [See also 970 CMR 2.11(8)] |
| AO-02-10 |
A committee that supports or opposes only candidates for representative town meeting is not subject to the reporting requirements of c. 55. |
| AO-02-09 |
The requirement to electronically file campaign finance reports is not dependent upon participation in the Clean Elections system. A candidate's loans to his or her committee are included in the calculation of the electronic filing threshold amount. A table is included that sets out the electronic filing requirements for all candidates named in Section 18C(b)(1). [Clean Elections Law repealed 2003; See M.G.L. c. 55, s. 18C as subsequently amended] |
| AO-02-08 |
Candidate running for office in special election taking place before November 2002 general election may not participate in Clean Elections. [Clean Elections Law repealed 2003] |
| AO-02-07 |
A person who leaves public employment pursuant to a reduction in force would not remain subject to the prohibition after leaving employment, even if the Commonwealth pays for part of the cost of continued health and dental benefits for a period of time after the person leaves work. A public employee who agrees to a change from a 52 week contract to a 43 week contract, a reduced workweek, or intermittent time off without pay, would continue to be prohibited from soliciting or receiving political contributions after making the change. If an employee who takes an unpaid leave of absence receives benefits paid in part by the Commonwealth during the leave, the employee would be prohibited from political fundraising during the leave. |
| AO-02-06 |
A "credit card" is narrowly defined as "a card or plate [used] … [to obtain] goods or services on credit." Regardless of whether a debit card features the "Visa" logo, it would not qualify as a "credit card" for the purpose of the campaign finance law because it would not authorize a credit purchase but rather an electronic transfer of funds directly from a committee's account to a designated payee. As such, there no basis in the existing law to allow a depository candidate or committee to make expenditures using a debit card unless they are paying for payroll or media services. In fact, the law specifically provides that expenditures by depository committees that exceed $50 must by depository check. [See 970 CMR 2.06(7), relating to use of debit cards by non-depository candidates] |
| AO-02-05 |
A local ballot question committee may make expenditures to support a town meeting warrant article to fully fund the building project it was organized to promote. The same committee may not, however, spend money to support the new school budget because this was not contemplated at the time the group formed. Also, there is nothing in the campaign finance law to prevent a new ballot question committee from using the same name that had been used by a committee that has dissolved. |
| AO-02-04 |
Because of the involvement of municipal employees in the process of placing announcements on a municipal cable service called the Community Bulletin Board, the posting of announcements for political fundraising would not be consistent with the campaign finance law. |
| AO-02-03 |
The campaign finance law does not prohibit a public official from participating in a cable television broadcast regarding the merits of a ballot question, and even endorsing a ballot question, if the subject of the ballot question is within the scope of the official's area of responsibility and is not part of a campaign event. |
| AO-02-02 |
City Solicitor who is also a candidate may attend fundraising event and speak at the event, but may not solicit or receive contributions. His wife or other family member may serve as his treasurer and may solicit contributions. His political committee may not solicit or receive contributions from persons, entities or attorneys representing such persons or entities, who have or had a matter involving the City Solicitor's office during the period in which the candidate serves as City Solicitor. [Contact OCPF for clarification] |
| AO-02-01 |
Probation officer who is also a candidate for the state legislature may attend fundraising event and speak at the event, but may not solicit or receive contributions. In addition, probation officer's committee should not solicit or receive contributions from attorney who (in the proceeding which resulted in the defendant being placed on probation) represented a defendant within the scope of the probation officer's responsibility, even if the probation officer is responsible for monitoring treatment of the defendant and has no contact with the attorney. |
