OCPF: Advisory Opinions

	Advisory Opinions By Year Issued

New! Legal Topics
Find Advisory Opinions and Guidance Letters, grouped by the topics to which they relate.

New! OCPF's Searchable Legal Database
Find all of the sections of the campaign finance law, OCPF regulations, interpretive bulletins, memoranda, advisory opinions and guidance letters that relate to a legal topic of interest.


2009	2008	2007	2006	2005	2004	2003	2002	2001	2000
1999	1998	1997	1996	1995	1994	1993	1992	1991	1990
1989	1988	1987	1986	1985	1984	1983	1982

AO-08-08	Public officials acting within the scope of their responsibilities may endorse a ballot question, hold public meetings to provide voters with information regarding the subject of a ballot question, and distribute a brief neutral notice to voters announcing the times and dates of these types of informational meetings. Materials may be produced and distributed at such a meeting using public resources if the materials are designed to facilitate discussion or where the materials otherwise relate to the agenda of the meeting and do not advocate a particular vote at the election or otherwise refer to the election. A slide that says "Vote YES" on the ballot question should not be included in a PowerPoint presentation used at such a meeting.
AO-08-07	A sheriff's political committee may make expenditures to pay for legal expenses in connection with a MA Commission Against Discrimination (MCAD) action brought by the sheriff against a correctional officers association and individual current and former members of the association who allegedly made threatening and discriminatory statements against the sheriff. If the MCAD awards attorneys' fees to the sheriff, the committee may be reimbursed to the extent it paid legal costs.
AO-08-06	A "negative check-off" may not be used to raise contributions for a PAC. An affirmative action must be taken to make a contribution; it may not be made by default.
AO-08-05	A union's PAC may receive contributions by payroll withholding that are transmitted by check if members sign an appropriate authorization for their employer, and the employer mails the PAC a report every month detailing the deductions for each employee together with a check in an amount representing the total of the amounts deducted from the wages of each employee for the period. In addition, the PAC must be provided with a copy of the members' signed authorizations from the members' employer, containing the information required by Section 9A.
AO-08-04	A local party committee may make pay the reasonable travel costs of a student who will be attending the national party convention in connection with his studies. The committee may make the expenditure if the committee will receive publicity and foster political goodwill as a result of the making of the gift and the gift otherwise complies with 970 CMR 2.06(3)(b)2, which states that the expenditure would be permitted, but only if the officers and members of the committee have no personal relationship with the individual receiving the gift or with any member of the recipient’s family, and providing the gift would not be made but for the interest in enhancing the principle for which the Committee was organized. Alternatively, the committee could award a scholarship to allow a student to attend the convention, or members of the committee could personally provide funds to the student for this purpose.
AO-08-03	A candidate may set up a separate account to solicit and receive funds to pay legal expenses incurred in an effort to have his name certified to be on the ballot. Funds received would not count toward an individual's annual contribution limit or other limits and restrictions of the campaign finance law. The funds that are deposited into the separate account may not, however, be used to reimburse the candidate's campaign account for legal expenditures already made from the campaign account.
AO-08-02	A political committee organized on behalf of a candidate who is also a delegate to a national political convention may, in accordance with state law, receive contributions and make expenditures to pay the reasonable travel expenses of the candidate/delegate. This is an area governed, however, by federal law, and to the extent there is a conflict, federal law would control. Also, if the candidate joins with other delegates to raise money for the purpose of paying travel expenses, the resulting "delegate committee" would be subject to rules established by the Federal Election Commission.
AO-08-01	Legislators may either use campaign funds, public resources, or personal funds, or may use the stipend legislators receive under G.L. c. 3, § 9B, to pay costs associated with implementing and maintaining a constituent services website, provided the content of the website does not solicit political contributions, votes or volunteers, or advocate for or against a candidate, party or ballot question, and the website does not contain links to other websites that solicit political contributions, votes, or volunteers, or to websites that advocate for or against a candidate, party or ballot question.