| AO-06-10 |
Although an organization that wishes to contribute to candidates may not accept commission checks from insurance companies providing discounted insurance to members of the organization, the organization may create a new legal entity, a public charity registered with the Attorney General's office, for the purpose of using commission proceeds to make scholarship awards. Funds derived from the insurance companies may not be transferred by the new entity to the organization. |
| AO-06-09 |
A person who is the sole employee of an organization may design and send out issue advocacy mail for an endorsed candidate even if the employee had limited contacts with the candidate for the purpose of determining whether the organization would endorse the candidate. It appeared that there was not substantial discussion or negotiation with the candidate regarding any communication. In addition, board members of the organization who receive no such information from the candidate may be involved in issue advocacy. |
| AO-06-08 |
A ballot question committee may not establish a refund policy that would allow refunds more than 90 days after receipt of "restricted contributions" that have not been used for the "restricted purpose" of paying for television advertising. Contributions may be refunded after 90 days have elapsed from date of receipt if the Committee determines that the contribution creates an appearance of a conflict of interest or other possible impropriety. Alternatively, such a refund may be made if making the refund would be consistent with a committee policy allowing refunds to a particular category or type of contributor and the entitlement to a refund can be determined objectively when the contribution is received. |
| AO-06-07 |
An organization may make independent expenditures to support a candidate while also making in-kind contributions to the candidate, if the organization creates a firewall. The firewall must prohibit the flow of information about the candidate's campaign plans, projects, activities, or needs from passing between persons involved in making independent expenditures. |
| AO-06-06 |
This opinion discusses actions that may be taken by public officials relating to ballot questions on the disposition of the former Fort Devens property. It discusses the extent to which public officials may distribute information by mail or e-mail in response to requests for such information; the including of information on public websites; the providing of information regarding how persons may receive information from government agencies; and the extent to which public officials may hold press conferences or write letters to the editor regarding a ballot question. |
| AO-06-05 |
A recently dissolved ballot question committee may establish a new issues group and ballot question committee. Individuals may form a group separate from a political committee to provide information to citizens about public policy issues. A ballot question committee and an issues group may produce and distribute a joint marketing piece and they may share a website. |
| AO-06-04 |
Where a group has raised funds, including at least one individual contribution of more than $500, for the purpose of supporting the formation of a charter commission and to support a slate of candidate's for membership in the commission, the group should form both a ballot question committee and a political action committee. A group that makes expenditures for the dual related purposes of (1) influencing a referendum on a charter change, and (2) supporting or opposing candidates for charter commission, may form a single political committee, a PAC, for both purposes, but only if the group complies with the restrictions applicable to PACs. If, as in this instance, the group raises funds that do not comply with these limits, e.g., it raises contributions in amounts over $500 from individuals, it must use a ballot question committee to raise and spend such funds.
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| AO-06-03 |
A candidate's committee which is not organized on behalf of a candidate for constitutional office may make expenditures for the candidate's membership to the University of Massachusetts Club, if the candidate would not be participating in the Club "but for the candidate's interest in it enhancing the candidate's political stature." |
| AO-06-02 |
This opinion responds to a number of questions regarding the extent to which the Green-Rainbow Party, which is currently registered as a political action committee, may support a slate of Green-Rainbow Party candidates. The committee maintains not only a state account, but also a federal political party committee account that is governed by federal law. The opinion notes that to avoid preemption, the federal account of the committee, not the committee's state account, should be used to make expenditures that support or oppose both federal candidates and candidates for state or local office. |
| AO-06-01 |
Campaign funds may be used to pay costs associated with a city councilor's participating in a five day Spanish immersion program in Puerto Rico, where the district that the councilor represents has a high percentage of Spanish speaking consitituents and the councilor does not speak Spanish. The $665 cost of the program, to be paid by the candidate's committee in this instance, included registration fees and the cost of lodging and meals. |
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