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. | |
|
| AO-09-09 |
A municipal official who is considering running for state legislative office, who would like to contact
supporters and friends to see if he can raise at least $100,000, which he believes would be the minimum
amount necessary to be a viable candidate, must file campaign finance reports with OCPF. His outreach
to friends and supporters would include verbal and written solicitations to the effect that he has worked
on a number of issues of public importance as a municipal official and would like to continue this task as
a legislator, and that he would run for legislative office if he can raise at least $100,000. If funds
are raised for a possible state legislative campaign, however, and the individual decides to not seek state
office, the money raised may be used for the individual's campaigns for local office. |
| AO-09-08 |
A head coach of a public school's athletic team who is employed for a season that lasts from mid-March to
May, if compensated, would be a temporary public employee during that season. As such, he would not be
able to engage in political fundraising during the season when he is employed. He may, however, engage in
political fundraising in the off-season, even if he expects to be reappointed for the upcoming season. If
the town designates the position as unpaid, however, and the coach is not compensated for his work, he would
not be subject to the restrictions of M.G.L. c. 55, § 13 and could, even during the season when he works
as a coach, solicit and receive contributions. |
| AO-09-07 |
The John Kerry Committee, a federal political committee, may not send endorsements of Massachusetts candidates
by e-mail to its list of supporters as membership communications. Although federal political committees
are not generally considered “political committees” for most purposes of the Massachusetts campaign finance law,
the exemption for membership communications in Section 1 was not intended to include communications by federal
political committees. |
| AO-09-06 |
A union may process contributions made by direct deposit to the union's PAC in accordance with M.G.L. c 55,
Section 9A, if members complete authorization cards and provide authorization cards to the union. The
information from the authorization card must also be provided to the PAC. |
| AO-09-05 |
State House staff members may maintain a private legislative/constituent services website, but such a site may
not include a "contribute" button. A legislator may not have one combined legislative/constituent
services and campaign website that is maintained by State House employees. The legislator may, however,
have two private websites, one for legislative and constituent purposes (maintained by State House staff
members), and the other for campaign purposes, and there may be a simple link between the two websites if the
link does not itself solicit votes or contributions. A legislator's State House staff may direct
persons to the legislator's campaign website in response to a request for information on how to make a
contribution or support the Senator's campaign, but State House staff may not proactively direct persons
to the campaign website. |
| AO-09-04 |
An appointed public employee should not be involved in soliciting contributions for an organization that raises
money in part to support the election of women candidates, as this would involve fundraising for a
"political purpose." |
| AO-09-03 |
SEIU may join together with other unions, thereby creating an organization called Victory Boston, and share
information, but only communicate with their own members relative to the 2009 Boston municipal election, without
forming a separate political committee. Section 1 of M.G.L. c. 55, the campaign finance law, provides a
specific exemption from the definition of "contribution" and "expenditure" for expenditures
made by membership organizations for the costs incurred to communicate with members and their families, even if
such communication encourages support for or opposition of candidates or ballot questions. |
| AO-09-02 |
A candidate may create a separate legal defense fund to solicit donations and make expenditures for his or her
legal defense. The money raised and spent, if used solely for financial activities relating to a
candidate's defense, would not be "contributions" or "expenditures" as defined by the
campaign finance law, and the donations received into the fund would not be subject to the limits of the campaign
finance law regarding source or amount of funds received. The office strongly recommends, however, that a
candidate discloses the source and the amount of all funds received. [Overruling contrary guidance in
AO-91-13 and AO-91-29] |
| AO-09-01 |
A candidate can post endorsements from public employees on a campaign Web site if donations are not solicited on
the Web page where the endorsements are viewed. |
|
