| AO-04-18 |
If an appointed public employee were to coordinate volunteers for a candidate's fundraising events or greet guests and volunteers on behalf of the candidate or his committee at such events, the public employee would appear to be substantially involved in the candidate's fundraising activities. To ensure compliance with section 13, a public employee should not participate in these activities. |
| AO-04-17 |
Section 13's fundraising restriction would not appear to apply to a public employee who has taken a leave of absence in the fall of 2004 in anticipation of a special election that wil not likely be held until spring of 2005. |
| AO-04-16 |
Spouse of a candidate who is a non-elected public employee may assist candidate in a number of ways: She may prepare reports and printing labels, perform data entry, stuff enveolopes and assist with mailings. In addition, she can set up for fundraisers by inflating balloons, hanging signs, and similar work. Also, she may attend other fundraisers as a spouse of the candidate and be named on literature as the spouse of the candidate. |
| AO-04-15 |
Two local parties may sponsor a fundraising event for a national party committee. Where no funds will be raised or spent by the local party committees, the activity will not involve financial activity subject to the Massachusetts campaign finance law. Funds paid personally by individuals to enable the event to take place would be reported as in-kind contributions to the national party committee, not the town party committees. |
| AO-04-14 |
An individual who is funding a website to publish information regarding democratic party committees and candidates does not need to organize a PAC as the result of this activity where he is using personal funds and is not otherwise soliciting or receiving contributions to promote MA elections. In addition, the costs incurred by this activity would not amount to a contribution or expenditure for the purposes of the campaign finance law since the individual was using his own personal funds and resources to establish and host the site. |
| AO-04-13 |
Students of public vocational school may, as part of class on website design, help legislator develop constituent services website that does not contain campaign-related material. |
| AO-04-12 |
A trade organization, which has corporations as members may send membership communications to member organizations encouraging members to contribute to a candidate. Considerations: a. Because the organization receives corporate funds, it may not pay the costs associated with holding a candidate's fundraiser or distribute the notice of the event beyond the scope of its membership or otherwise contribute to the candidate. b. the organization may only solicit personal contributions from the members. The correspondence should clearly state that corporations may not contribute to the candidate and; c. checks from contributors must be written to the candidate and be delievered to the candidate or member of candidate's committee at the fundraiser. |
| AO-04-11 |
Volunteers may put up a website to solicit and receive Internet contributions on behalf of candidates and committees. The website, which must conform to 970 CMR 1.09(2) will collect required contributor information and provide that information to the relevant candidate or committee's merchant provider for processing. Because the group is not soliciting contributions on its own behalf, it does not need to form a PAC. The only costs connected to the venture are web hosting fees that will be paid personally by an individual. Such a payment will be construed as being incidental to personal services and not a "contribution" for the purposes of c. 55. |
| AO-04-10 |
As long as such activity is authorized pursuant to a negotiated collective bargaining agreement, and does not involve political fundraising by public employees or in public buildings, the campaign finance law would not preclude union officials from using government computers and e-mail to disseminate or forward membership communications, even if the communications are political in nature. Of course, there is nothing in the campaign finance law to require a government employer to provide unions with access to its resources for any purpose. Therefore, absent a collective bargaining agreement permitting electronic membership communication, union officials, like everyone else must avoid using government computers and e-mail for a political purpose. |
| AO-04-09 |
A municipality may implement more restricitve policies regarding political activity conducted during working hours in or within 150 feet of municipally owned buildings than is required under the campaign finance law, so long as such prohibitions are equally applied to all candidates and committees. [No longer in effect.] |
| AO-04-08 |
A candidate, who teaches at a community college, is subject to M.G.L. c. 55, s. 13. |
| AO-04-07 |
An appointed public employee may provide consulting services to candidates and political committees for a fee on his own time and without using public resources, as long as no fundraising is involved.
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| AO-04-06 |
A school district is not required to provide "equal access" if school mailboxes are used by a teacher's union, not in accordance with the collective bargaining agreement, to benefit candidates or for other political purposes, without the knowledge or approval of the District. In addition, the district is not required to provide "equal access" if mailboxes are used in accordance with a collective bargaining agreement.
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| AO-04-05 |
An attorney in the private practice of law who provides as needed legal advice to the Secretary of the Commonwealth in accordance with a ccontract is an independent contractor. The attorney, therefore, is not "employed for compensation" by the commonwealth and is not subject to section 13. |
| AO-04-04 |
This opinion sets the manner in which a business partnership (not subject to M.G.L. c. 55, s. 8) may support a PAC. Subject to the relevant statutes and regulations, including contribution limits, record keeping requirements, s. 9 and, where applicable, the credit card regulations, the partners may: (1) contribute directly to the PAC through the business account; (2) include separate PAC solicitations on the event announcements instructing interested individuals to make a contribution in addition to the event admission price; or (3) include a PAC contribution in the event admission price. In the third option, attendees must be informed of the amount of the contribution and the business must establish a special transmittal account for the purpose of receiving the PAC contribution and making the appropriate disbursements.
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| AO-04-03 |
An attorney who is appointed as an uncompensated special assistant attorney general is an independent contractor. The attorney, therefore, is not "employed for compensation" by the commonwealth and is not subject to section 13. |
| AO-04-02 |
Generally speaking, where an override election precedes the relevant Town Meeting, OCPF advises that public resources not be used to distribute information to voters until after the election. Waiting until after the election does not, however, appear to be an option for the a local finance committee due to the requirement that the warrant be mailed to voters sufficiently in advance of Town Meeting. The distribution of the finance committee report in such an instance would appear to be consistent with Anderson as long as the material does not otherwise reference the pending election and is limited to the content of the official warrant.
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| AO-04-01 |
A local candidate committee may host a fundraising dinner to raise money to offset the medical expenses of a leukemia patient where the event will enhance the candidate's political future and neither the candidate nor the treasurer has a personal relationship with the patient. |
