55:1. Definitions.
Section 1. For the purpose of this chapter, unless a different meaning clearly appears
from the context, the following words shall have the following meanings:
"Ballot question committee", a political committee which receives or expends money or
other things of value for the purpose of favoring or opposing the adoption or rejection of a
specific question or questions submitted to the voters including, without limitation, a
charter change, an initiative or referendum question or a constitutional amendment.
"Candidate", any individual who seeks nomination or election to public office, whether or
not such individual is nominated or elected. For the purpose of this chapter, an individual
shall be deemed to be seeking nomination or election to such office if he has (1) received a
contribution or made an expenditure, or has given his consent for any other person or
committee to receive a contribution or make an expenditure, for the purpose of influencing
his nomination or election to such office, whether or not the specific public office for
which he will seek nomination or election is known at the time the contribution is received
or the expenditure is made, or (2) taken the action necessary under the laws of the
commonwealth to qualify himself for nomination or election to such office, or, if said
individual holds elective public office, whether elected or appointed to such office, and
he has (3) received any money or anything of value, or made any disbursement resulting from
any purchases, made from said individual, or a committee, or a person acting on behalf of
said individual or committee, whether through the device of tickets, advertisements, or
otherwise, for any fund-raising activity, including a testimonial, regardless of the purpose
of said activity, held on behalf of said individual at any time while he holds said public
office.
"Candidate's committee", the political committee organized on behalf of a candidate, as
provided in section five. The term "candidate's committee" shall also apply to the campaign
fund of a candidate who has not organized a political committee for the purpose of carrying
out the election campaign of such candidate or who receives contributions or makes
expenditures independently of said committee.
"Contribution", a contribution of money or anything of value to an individual, candidate,
political committee, or person acting on behalf of said individual, candidate or political
committee, for the purpose of influencing the nomination or election of said individual or
candidate, or for the purpose of supporting or opposing a political party committee, or for
the purpose of promoting or opposing a charter change, referendum question,
constitutional amendment, or other question submitted to the voters, and shall include any:
(1) gift, subscription, loan, advance, deposit of money, or thing of value, except a loan of
money to a candidate by a national or state bank made in accordance with the applicable
banking laws and regulations and in the ordinary course of business; (2) transfer of money or
anything of value between political committees; (3) payment, by any person other than a
candidate or political committee, or compensation for the personal services of another person
which are rendered to such candidate or committee; (4) purchase from an individual, candidate,
or political committee, or person acting on behalf of said individual, candidate, or political
committee, whether through the device of tickets, advertisements, or otherwise, for
fund-raising activities, including testimonials, held on behalf of said individual, candidate
or political committee, to the extent that the purchase price exceeds the actual cost of the
goods sold or services rendered; (5) discount or rebate not available to other candidates for
the same office and to the general public; and (6) forgiveness of indebtedness or payment of
indebtedness by another person; but shall not include the rendering of services by speakers,
editors, writers, poll watchers, poll checkers or others, nor the payment by those rendering
such services of such personal expenses as may be incidental thereto, nor the exercise of
ordinary hospitality; provided, however, that a transfer of funds or payments by a depository
candidate or his committee to the political committee of a party, for goods or services
provided to a candidate or his committee by such political party shall not be considered to be
a contribution.
"Director", the director of campaign and political finance.
"Election", any convention or caucus or a political party held to nominate a candidate, and
any city, town or state preliminary, primary or election, and any special preliminary, primary
or election.
"Executive agent", an executive agent as defined in section thirty-nine of chapter three.
"Expenditure", any expenditure of money, or anything of value, by an individual, candidate,
or political committee, or a person acting on behalf of said individual, candidate, or political
committee, for the purpose of influencing the nomination or election of said individual or
candidate, or of presidential and vice presidential electors, or for the purpose of promoting
or opposing a charter change, referendum question, constitutional amendment, or other question
submitted to the voters, and shall include: (1) any purchase, payment, distribution, loan,
advance, deposit, or gift of money, or anything of value; and (2) any transfer of money or
anything of value between political committees.
"Legislative agent", a legislative agent as defined in section thirty-nine of chapter three.
"Political action committee", a political committee which is not a candidate's committee,
a political party committee nor a ballot question committee; provided, however, that a political
committee which only receives contributions from individuals in an amount or value of one hundred
dollars or less in any calendar year, which has been in existence for six months or more and
which contributes to five or more candidates shall not be a political action committee; provided,
further, that said one hundred dollar amount shall be indexed biennially for inflation by the
director, who, not later than December thirty-first of each odd numbered year, shall calculate
and publish such index amount, using the federal consumer price index for the Boston statistical area.
"Political committee", any committee, association, organization or other group of persons,
including a national, regional, state, county, or municipal committee, which receives contributions
or makes expenditures for the purpose of influencing the nomination or election of a candidate, or
candidates, or of presidential and vice presidential electors, or for the purpose of opposing or
promoting a charter change, referendum question, constitutional amendment, or other question
submitted to the voters.
"Political party committee", a political committee organized in accordance with chapter
fifty-two on behalf of a political party, as defined in section one of chapter fifty, whether
elected or non-elected.
Notwithstanding any other provisions of this chapter, any receipt or disbursement of any money
or anything of value by an individual, or person acting on behalf of said individual, which is not
otherwise a "contribution" or "expenditure" as defined in this section, resulting from any purchases
from said individual, or any person acting on behalf of said individual, whether through the device
of tickets, advertisements, or otherwise, for any fund-raising activity, including a testimonial,
held on behalf of said individual, regardless of the purpose of said activity, shall be deemed to be
a "contribution" or "expenditure" if said individual: (1) is a candidate in accordance with the
provisions of clauses (1) or (2) of the definition of "Candidate" at the time of said receipt or
disbursement; (2) holds elective public office, whether elected or appointed to such office, at the
time of said receipt or disbursement, and thereby becomes a candidate in accordance with the
provisions of clause (3) of said definition; or (3) becomes a candidate in accordance with said
clauses (1) or (2) of said definition subsequent to such receipt or disbursement, and shall be
reported as a contribution or an expenditure in accordance with the provisions of sections eighteen
and nineteen.
Notwithstanding any other provisions of this chapter, communications from a membership organization,
not including a corporation subject to section eight, to its members and their families on any subject
shall not be deemed to be a contribution or expenditure. |
55:2. Accounts of campaign contributions and expenditures; violations; penalties.
Section 2. Every candidate shall keep detailed accounts of all contributions received by him, or by a
person acting on his behalf, and of all expenditures made by him, or by a person acting on his behalf.
Said accounts may be kept by an agent duly authorized thereto, but the candidate shall be responsible
for said accounts, which shall be kept separate and distinct from all other accounts and shall include
contributions made by the candidate from his own personal funds or otherwise. Said accounts shall
include:
(1) the full name and residential address of each person who has made a contribution, in an
amount or value in excess or fifty dollars in a reporting period, and such information for each
contribution of less than or equal to the sum of fifty dollars, if the aggregate of all contributions
received from such contributor within said reporting period is in excess of fifty dollars, and the
amount or value and date of the contribution;
(2) the amount or value and date of each contribution made in a reporting period, which is not
otherwise included under clause (1);
(3) the full name and address of each person to whom an expenditure is made in excess of fifty
dollars in a reporting period, a receipted bill stating the particulars of each such expenditure,
including the amount or value, date and purpose of each such expenditure;
(4) the amount or value, date and purpose of each expenditure made in a reporting period, which
is not otherwise included under clause (3).
The candidate shall preserve all receipted bills and accounts relative to all contributions received,
expenditures made and any other campaign finance activity, which shall include the full name and
residential address of all persons who have made a contribution to said candidate regardless of the
amount of said contribution. The candidate shall preserve said receipted bills and accounts for six
years from the date of the relevant election.
In addition to the information otherwise required by this section, a candidate shall keep and
preserve accounts including the occupation and employer or employers of each person who has made a
contribution in an amount or value of two hundred dollars or more in any one calendar year, and such
information for each contribution of less than two hundred dollars, if the aggregate of all contributions
received from such contributor within any one calendar year is two hundred dollars or more; provided,
however, that a candidate shall satisfy such requirement of including said occupation and employer by
requesting a contributor's occupation and employer at the time a contribution is solicited and making
one additional written request. A candidate shall be allowed to keep any such contribution if such
candidate has complied with the provisions of this paragraph.
Violation of any provision of this section shall be punished by imprisonment for not more than one
year, or by a fine of not more than one thousand dollars, or both. |
55:3. Director of campaign and political finance; selection, etc.; powers and duties;
judicial review of decisions; procedure for violations; penalties.
Section 3. The state chairman of each of the two leading political parties, the state secretary, and
a dean of a law school located in the commonwealth, to be appointed by the governor as provided
hereinafter, shall serve as a commission for the purposes of selecting the director of campaign and
political finance. The term of the dean of a law school shall be six years but shall expire if he
should cease to act as dean; a successor shall be appointed within thirty days after the occurrence
of a vacancy in said office. The state secretary shall act as chairman of said commission. Meetings
of the commission may be called by state secretary or by any two other members.
Selection of the director, who shall be a resident of the commonwealth, shall be by unanimous vote
of the members of the commission. The commission shall select a successor director no later than
thirty days prior to the expiration date of the term of the director and no later than sixty days
after the occurrence of a vacancy in said office; provided, however, in the event that a vacancy shall
exist in the office of director for ten days beginning with the date of the primary election at which
a candidate for any statewide office is nominated and ending one hundred and twenty days after the
election, the chairman of the commission shall appoint a director pro tem, who shall serve until a
successor director is appointed in accordance with the provisions hereof. An incumbent director may
be selected for a succeeding term or terms.
The director shall serve for a term of six years and, unless removed, until his successor has been
selected and has assumed the office. He may not be removed from office except upon an affirmative
vote of all of the members of the commission then serving. Removal of the director shall be at the
discretion of the commission, and shall not be reviewable.
The director shall devote full time to his duties during normal business hours. Subject to
appropriation, he shall receive a salary to be determined from time to time by a majority of the
members present and voting at a duly-called meeting of the commission, a quorum being present. He
shall not, during the term he serves as director, engage in any political activities of any nature,
nor shall he hold any other public office; provided, however, that he shall be free to advise and
consult with legislative committees, the members of the general court and other persons affected by
the laws under his jurisdiction, and to advocate and sponsor legislation.
The director shall appoint such employees as the work of the office may require. The director shall
establish the salaries, duties, and personnel regulations of all employees as he deems necessary to
perform the duties of the office, provided however, the salaries of such employees shall not exceed
the sum annually appropriated by the general court. The provisions of sections nine A and forty-five
of chapter 30 and of chapter 31 shall not apply to the employees of the office.
The director shall make available to investigative, accounting and law enforcement agencies of the
commonwealth all information necessary or advisable to fulfill their duties, with respect to this
chapter. He shall, from time to time as he deems necessary or advisable, issue rules and regulations
in conformity with the provisions of this chapter and chapter thirty A, and shall also issue
interpretative bulletins and respond with reasonable promptness to requests for information,
interpretations and advice presented by candidates, state committees, political committees and
members of the public.
All acts, decisions and rulings of the director shall be subject to judicial review under the
provisions of chapter thirty A upon the application of any interested person.
The director shall inspect all statements and reports of candidates, or nonelected political committees
supporting such candidates, filed with him, within thirty days of the reporting dates required by
this chapter, and all other statements and reports within sixty days of the reporting dates required
by this chapter. If upon examination of the records it appears that any candidate or political
committee has failed to file a statement or report as required by law, or if it appears to the
director that any such statement or report filed with him does not conform to law, or upon written
complaint by five registered voters that a statement or report does not conform to law, or that any
candidate or political committee has failed to file a statement or report required by law, the
director shall, in writing, notify the delinquent person. Such complaint shall state in detail the
grounds of objection, shall be sworn to by one of the subscribers, and shall be filed with the
director within ten days after the required date for filing a statement or report, or within ten days
after the actual filing of a statement or report, or an amended statement or report. Upon failure to
file a statement or report within ten days after receiving notice under this section or if any
statement filed after receiving such notice discloses any violation of any provisions of this chapter,
the director shall notify the attorney general thereof and shall furnish him with copies of all papers
relating thereto, and the attorney general, within two months thereafter, shall examine every such
case, and if satisfied that there is cause, he shall in the name of the commonwealth institute
appropriate civil proceedings or refer the case to the proper district attorney for such action as
may be appropriate in the criminal courts.
The director shall have the power and authority to investigate the legality, validity,
completeness and accuracy of all reports and actions required to be filed and taken by candidates,
treasurers, political committees, and any other person pursuant to this chapter and any other laws
of the commonwealth pertaining to campaign contributions and expenditures. He may require, by
summons, the attendance and testimony under oath of witnesses and the production before him of books
and papers relating to any matter being investigated by him. Such summons shall be served in the same
manner as summonses for witnesses in criminal cases issued on behalf of the commonwealth and all
provisions of law relative to summonses issued in such cases shall apply to summonses issued under
this section so far as applicable. Any justice of the supreme judicial court or of the superior court
may upon application by the director compel the attendance of witnesses summoned as aforesaid and the
giving of testimony under oath before said director in furtherance of any investigation in the same
manner and to the same extent as before said courts.
The director shall establish rules of procedure governing the conduct of his hearings and
investigations which shall be made available in printed form to each witness prior to his testimony.
Witnesses shall have the right to be represented by counsel and shall before testifying be sworn.
Witnesses shall testify only at private hearings and the same provisions with reference to secrecy
which govern proceedings of a grand jury shall govern all proceedings before the director. Violations
of such provisions with regard to secrecy shall be punished by a fine of up to one thousand dollars
and imprisonment for not more than one year, or both. Upon conviction for any such violation said
director shall be removed and the office of director deemed vacant.
The director shall inform any person or committee under investigation by said director by registered
mail, return receipt requested, on his intention to present to the attorney general evidence of any
alleged violation of this chapter. Within ten days of receipt of said notice said alleged violator
may request a hearing before the director for the purpose of presenting evidence to the contrary.
Said director shall not present evidence of any such alleged violation to the attorney general until
after said hearing. Evidence of any such violation of this chapter which has come to his attention
shall be presented by the director to the attorney general only after the relevant election involved,
but within two years after said election.
The director shall assess a civil penalty for any report, statement or affidavit required to be filed
with him, or with any city or town clerk upon written notice to him from such clerk, pursuant to the
provisions of this chapter which is filed later than the prescribed date. Said civil penalty shall
be in the amount of ten dollars per day; provided, however, that the maximum penalty the director may
assess shall be no greater than twenty-five hundred dollars for any one report, statement or affidavit
which is filed later than the prescribed date. The director may waive all or part of any civil
penalty for good cause; provided, however, that such finding and the reasons therefor are in writing.
In the case of failure to file by a candidate or a candidate's committee, the civil penalty shall be
assessed against the candidate; and in all other instances, the civil penalty shall be assessed
against the treasurer of the political committee or other person or persons required to file such
report, statement or affidavit. |
| 55:4. Repealed, 1986, 631, Sec. 3. |
55:5. Political committees; statement of organization; treasurer; secretary;
duties; expenditures; penalties.
Section 5. Each political committee shall organize by filing with the director or, if organized for
the purpose of a city or town election only, with the city or town clerk, a statement of organization.
The statement of organization shall include: (1) the full name of the political committee, which, if
organized on behalf of a candidate, shall include the name of the candidate in said name; which, if
not organized on behalf of a candidate, shall include the full words represented by any abbreviations,
initials or acronyms in said name; and which, if a political action committee, shall include the words
"Political Action Committee" in said name; (2) the address of the political committee; (3) a statement
of the purpose for which the political committee is organized which shall include, except for
political party committees and candidate's committees, a list of specific issues in which the
committee takes an interest, and a list of specific interests, including but not limited to business,
charitable, educational, or other interests represented by the committee, or by a significant
proportion of its officers, members or donors; (4) the name and residential address of the chairman
and the treasurer; (5) the name, residential address, and position of other principal officers,
including officers and members of the finance committee, if any, and; (6) the name and address, if
known, and party affiliation of each candidate the political committee is supporting; provided,
however, that if a candidate is nominated without reference to a political party, the name of his
political party shall not be required.
The statement of a political committee organized on behalf of a candidate shall also include the
written consent of said candidate. No candidate shall give his consent to more than one such
committee.
Whenever a statement of organization of a political committee is filed on behalf of a candidate who
became a candidate after the deadline for filing nomination papers, the director shall at the time
of the filing notify the candidate or his representative of the requirements of clause (a) of section
five of chapter two hundred and sixty-eight B and he shall also forward the name and address of such
candidate to the state ethics commission within three days after the filing of a political committee
with this office.
Any change in information previously submitted in a statement of organization shall be reported to the
director, or if organized for the purpose of a city or town election only, to the city or town clerk,
within ten days following the change.
Each political committee shall have a treasurer who shall qualify for his office by filing a written
acceptance thereof with the director, or if organized for the purpose of a city or town election only,
with the city or town clerk. Said treasurer shall remain subject to all the duties and liabilities
imposed by this chapter until his written resignation of the office is received or his successor's
written acceptance is filed as aforesaid. No person acting under the authority of, or on behalf of,
any political committee shall receive any money or anything of value, or expend or disburse the same,
or incur expenses while it has no treasurer qualified as aforesaid, or while the name and address of
any of its officers or members, as originally or subsequently chosen, is not filed in accordance with
the provisions of this section or chapter fifty-two, as the case may be.
Each treasurer of a political committee shall keep and preserve detailed accounts, vouchers and
receipts as prescribed for a candidate by the provisions of section two. Each treasurer of a
political committee shall keep said records for a period of six years following the date of the
relevant election. A candidate may not be the treasurer of the political committee which has been
organized on his behalf.
The secretary of each ward, city and town committee shall file with the director a list of the officers
of the committee, together with the addresses of such officers, within ten days after its organization
under the provisions of chapter fifty-two, and within ten days of any change of said officers.
No expenditure shall be made for, or on behalf of, a political committee without the authorization of
the chairman or treasurer, or their designated agents.
All funds of a political committee shall be kept separate from any personal funds of officers, members
or associates of such committee.
A state committee referred to in section one of chapter fifty-two may incorporate pursuant to the
provisions of chapter one hundred and eighty; provided, however, that such incorporation shall not
relieve any person, including the chairperson or treasurer, from any responsibility imposed by this
chapter or other election law or from any civil or criminal penalty imposed thereby. Prior to filing
the articles of incorporation with the state secretary, the articles shall be submitted to the
director, who shall examine the same within sixty days. The director may require such amendment
thereof or additional information as he considers necessary. If he finds the articles comply with
law he shall so certify and endorse his approval thereto. Any amendment to the articles of
organization shall be approved in like manner.
The state secretary, a city or town clerk, or a member of a board of registrars of voters or election
commission in any city or town shall not serve as the chairman, treasurer, or other principal officer
of any political committee, but any such public officer may serve as the chairman or principal
officer, other than treasurer, of the political committee organized on his own behalf. This paragraph
shall not apply to city or town clerks who do not administer elections.
Violation of any provision of this section shall be punished by imprisonment for not more than one
year, or by a fine of not more than one thousand dollars, or both. |
55:5A. Elected public officials; political action committees.
No candidate or individual holding elective public office shall establish, finance, maintain, control
or serve as a principal officer of a political action committee; provided, however, that each of the
following may authorize one such political committee to which this section shall not apply: a majority
of the members of each political party who are members of the house of representatives, and a majority
of the members of each political party who are members of the senate. |
55:5B. Names or phrases identifying political committees in organizational
statements.
Section 5B. (a) Every political committee, other than a political party committee or a candidate's
committee, shall name and identify itself in its organizational statement pursuant to section five by
using a name or phrase that:
(i) clearly identifies the economic or other special interest, if identifiable, of a majority of its
contributors; and
(ii) if a majority of its contributors share a common employer, that identifies the employer.
(b) If the economic or other special interest or common employer are not identifiable under subsection
(a), every such political committee shall name and identify itself in its organizational statement
using a name or phrase:
(i) that clearly identifies the economic or other special interest, if identifiable, of a majority of
its organizers; and
(ii) if a majority of its organizers share a common employer, that identifies the employer; and
(iii) if the committee is organized, financed, controlled or maintained by an individual, that
identifies said individual.
(c) No political committee shall use any name other than the name included in its organizational
statement. |
55:6. Restrictions on expenditures; penalties.
Section 6. A political committee organized or operating on behalf of a candidate for the office of
governor, lieutenant governor, attorney general, state secretary, treasurer and receiver general, or
auditor may receive, pay and expend money or other things of value for reasonable and necessary
expenses directly related to the campaign of such candidate but shall not make any expenditure that
is primarily for the candidate's or any other person's personal use; provided, however, that no such
committee may contribute to any other political committee or to the campaign fund of any other
candidate, except that such committee may contribute to a political committee of a political party,
provided that: (a) the aggregate of all contributions to any one such political committee shall not
exceed the sum of one hundred dollars in any one calendar year; and (b) the aggregate of all such
contributions shall not exceed the sum of fifteen hundred dollars in any one calendar year; and,
provided further, that the director shall establish reasonable rules and regulations concerning such
expenditures.
Any other political committee, duly organized, may receive, pay and expend money or other things of
value for the enhancement of the political future of the candidate or the principle, for which the
committee was organized so long as such expenditure is not primarily for the candidate's or any other
person's personal use, provided, however, that the director shall establish reasonable rules and
regulations concerning such expenditures; and provided, further, that such committee may contribute to
other political committees and may contribute to the campaign fund of a candidate; and provided,
further, that the aggregate of all such contributions made by such a committee organized on behalf of
a candidate to another non-elected political committee organized on behalf of a candidate shall not
exceed in any one calendar year the sum of one hundred dollars; and provided further, that the
aggregate of all such contributions made by such a committee organized on behalf of a candidate to
other non-elected political committees organized on behalf of candidates shall not exceed in any one
calendar year the sum of fifteen hundred dollars.
Except as otherwise provided in section six A or six B, a political committee not organized on behalf
of an individual candidate may contribute to another political committee not organized on behalf of
an individual candidate; provided, however, that the aggregate of all such contributions for the
benefit of the political committees of any one political party shall not exceed in any one calendar
year the sum of five thousand dollars; and provided, further, that the aggregate of all such
contributions for the benefit of any one such political committee other than a political party
committee shall not exceed in any one calendar year the sum of five hundred dollars. A political
committee not organized on behalf of an individual candidate, other than a political party committee,
may contribute to the campaign fund of a candidate; provided, however, that the aggregate of all such
contributions for the benefit of any one candidate and such candidate's committee shall not exceed the
sum of five hundred dollars in any one calendar year. The political committee of a political party
may contribute to the campaign fund of a candidate; provided, however, that the aggregate of all
contributions of money for the benefit of any one candidate and the non-elected political committee
organized on such candidate's behalf shall not exceed in any one calendar year the sum of three
thousand dollars in the case of the state committee and the sum of one thousand dollars in the case
of each town or ward committee. For the purposes of the limitations established by this section, all
campaign contributions made by political committees established, financed, maintained or controlled by
any person, including any parent committee of a subsidiary committee or any person other than a
natural person, shall be considered to have been made by a single political committee. Nothing in
this section shall be construed to permit contributions to political committees which are otherwise
prohibited by this chapter.
Such committee may place such funds in a savings account or money market to earn interest thereon but
may not invest its funds or other things of value in any other manner.
For the purposes of this section the term "personal use" shall not include expenses relating to the
provision of constituent or legislative services or to the opening or maintaining of a legislative
district office, provided that (a) said expenses are not otherwise paid, provided or reimbursed by
the commonwealth or any other governmental body.
Violations of any provision of this section or section six A or six B shall be punished by
imprisonment for not more than one year or by a fine of not more than one thousand dollars. |
55:6A. Contributions from political action committees; limitations.
Section 6A. A candidate and such candidate's committee shall not accept any contribution from a
political action committee if such contribution would result in such candidate and such committee
together receiving from all political action committees aggregate contributions in any calendar year
in excess of the following amounts:
(a) a candidate for governor, including contributions jointly to such candidate for governor and a
candidate for lieutenant governor in a state election - one hundred and fifty thousand dollars;
(b) a candidate for lieutenant governor - thirty-one thousand, two hundred and fifty dollars;
(c) a candidate for attorney general - sixty-two thousand, five hundred dollars;
(d) a candidate for state secretary, state treasurer and state auditor - thirty-seven thousand, five
hundred dollars;
(e) a candidate for state senator, county commissioner, governor's councillor, district attorney,
clerk of courts, register of probate, registrar of deeds or any other county officer - eighteen
thousand, seven hundred and fifty dollars;
(f) a candidate for state representative - seven thousand, five hundred dollars. |
55:6B. Ballot question committees; contributions.
Section 6B. A ballot question committee may receive, pay and expend money or other things of value
solely for the purpose of favoring or opposing the adoption or rejection of a specific question or
questions submitted to the voters. A ballot question committee shall not contribute to any other
political committee, except that it may contribute to another ballot question committee if such
contribution is consistent with the purpose for which it was organized. A ballot question committee
shall not make any expenditure that is primarily for the personal use of any candidate or other
person, nor shall it make any expenditure inconsistent with the purpose for which it was organized.
A ballot question committee shall not receive, pay or expend money or other things of value for the
purpose of influencing the nomination or election of a candidate or for the purpose of aiding or
promoting or antagonizing the interest of any political party. |
55:7. Receipts, disbursements and contributions regulated; limitations; penalties.
Section 7. No person or combination of persons, including a corporation formed under the provisions of
chapter one hundred and eighty, shall in connection with any nomination or election receive money or
its equivalent, expend or disburse or promise to expend or disburse the same, except as authorized by
this chapter. A political committee or a person acting under the authority or on behalf of such a
committee may receive money or its equivalent, or expend or disburse or promise to expend or disburse
the same for the purpose of aiding or promoting the success or defeat of a candidate at a primary or
election or a political party or principle in public election or favoring or opposing the adoption or
rejection of a question submitted to the voters, and for other purposes expressly authorized by this
chapter subject, however, to the provisions thereof. A candidate may make expenditures without
limitation for the purposes of his own campaign and may make campaign contributions without limitation
for the benefit of the non-elected political committee organized on his behalf.
No candidate or candidate's committee shall receive a transfer of funds or assets from any federal
political committee. No candidate or candidate's committee shall make an expenditure of, or transfer,
funds or assets that were transferred on or after November 25, 1998 from a federal political committee.
A candidate's committee may, however, coordinate arrangements, with a federal committee that refunds
contributions pursuant to federal law, for a solicitation of the same contributors by the candidate's
committee. The candidate's committee shall pay the full cost of any such solicitation.
Notwithstanding the provisions of any law to the contrary, a candidate shall not loan, per election,
more than the following amounts to his candidate's committee:
| Governor, lieutenant governor |
$200,000 |
| Secretary of state, treasurer, auditor, attorney general |
$150,000 |
| State senator |
$50,000 |
| State representative |
$30,000 |
Notwithstanding the provisions of this section and section seven A, an individual of less than
eighteen years of age shall not make campaign contributions in an amount in excess of twenty-five
dollars in the aggregate during any one calendar year. Except as provided in subsection (c) of
section 19, a candidate required to designate a depository for campaign funds by section nineteen
and a person acting for such a candidate or such a political committee shall pay for services
rendered or goods sold in excess of the sum of fifty dollars only through or by the means of a check
drawn upon such depository and bearing the legend "Campaign Account - (name of candidate or political
committee)", and shall secure the signature of the person receiving such check to the following
certificate to be printed on all such checks: "The undersigned affirms under the penalties of perjury
that he is the named payee of this check or an authorized officer thereof, that he or it performed
the services or delivered the goods indicated hereon, that the payment is for the sole purpose of
paying for such goods or services and that no person other than the named payee has any interest,
direct or indirect, in this payment".
Violation of any provision of this section or section seven A shall be punished by imprisonment for
not more than six months or by a fine of not more than five hundred dollars. |
55:7A. Campaign contributions to candidates from individuals; limitations.
Section 7A. (a)(1) An individual may make campaign contributions to candidates or candidate's
committees; provided, however, that the aggregate of all such contributions for the benefit of any
one candidate and that candidate's committee shall not exceed the sum of five hundred dollars in any
calendar year.
(2) An individual may in addition make campaign contributions for the benefit of elected political
committees or non-elected political committees organized on behalf of a political party; provided,
however, that the aggregate of such campaign contributions for the benefit of the political committees
of any one political party shall not exceed in any one calendar year the sum of five thousand
dollars.
(3) An individual may in addition make campaign contributions to any political committee not specified
in paragraph (1), (2), or (4); provided, however, that the aggregate of such campaign contributions
to any one such political committee shall not exceed in any one calendar year the sum of five hundred
dollars.
(4) An individual may in addition make contributions without limitation to ballot question committees.
(5) Notwithstanding any other provision of this subsection, the aggregate of all contributions from
any one individual to all candidates and candidate's committees shall not exceed the sum of twelve
thousand, five hundred dollars in any one calendar year.
(b) Notwithstanding any other provision of this chapter, the aggregate of all contributions by a
legislative or executive agent for the benefit of any one candidate and such candidate's committee
shall not exceed the sum of two hundred dollars in any one calendar year. Notwithstanding any other
provision of this chapter, the aggregate of all contributions by a legislative or executive agent to
any other political committee, other than a ballot question committee, shall not exceed the sum of
two hundred dollars in any one calendar year. |
55:8. Political contributions, etc., by corporations; penalties.
Section 8. No corporation carrying on the business of a bank, trust, surety indemnity, safe deposit,
insurance, railroad, street railway, telegraph, telephone, gas, electric light, heat, power, canal,
aqueduct, or water company, no company having the right to take land by eminent domain or to exercise
franchises in public ways, granted by the commonwealth or by any county, city or town, no trustee or
trustees owning or holding the majority of the stock of such a corporation, no business corporation
incorporated under the laws of or doing business in the commonwealth and no officer or agent acting in
behalf of any corporation mentioned in this section, shall directly or indirectly give, pay, expend or
contribute, or promise to give, pay, expend or contribute, any money or other valuable thing for the
purpose of aiding, promoting or preventing the nomination or election of any person to public office,
or aiding or promoting or antagonizing the interest of any political party.
No person or persons, no political committee, and no person acting under the authority of a political
committee, or in its behalf, other than a political committee organized on behalf of a ballot question
campaign shall solicit or receive from such corporation or such holders of stock any gift, payment,
expenditure, contribution or promise to give, pay, expend or contribute for any such purpose.
Any corporation violating any provision of this section shall be punished by a fine of not more than
fifty thousand dollars and any officer, director or agent of the corporation violating any provision
thereof or authorizing such violation of any provision thereof, or any person who violates or in any
way knowingly aids or abets the violation thereof, shall be punished by a fine of not more than ten thousand dollars or by imprisonment
for not more than one year, or both. |
55:8A. Media organizations offering time or space to qualified candidates at no
cost or at reduced cost; limitations.
Section 8A. (1) As used in this section the following words shall have the following
meanings:-
"Media organization", any corporation, partnership or trust which owns or controls a television
station, including without limitation cable television, a radio station or any other such electronic
broadcast media outlet or a newspaper, periodical or any other such print outlet.
"Qualified candidate", any candidate who qualifies to have his name appear on the ballot at an
election, whether primary, general, or special election.
(2) A media organization may make time or space available to a qualified candidate at no cost or at
reduced cost for the purpose of presentation of the candidate's own political advertising; provided,
however, that:-
(a) time of the same duration and the same market value or the same amount of space and the same
market value is made available to all other qualified candidates for the same office for the same
election; and
(b) the media corporation makes disclosure of its conduct under this section in conformance with rules
and regulations promulgated by the director of the office of campaign and political finance.
(3) A media organization acting in conformance with this section shall not be deemed to be in
violation of section eight and shall not be deemed to be making a contribution within the meaning of
this chapter. |
55:9. Contributions and expenditures over $50; use of credit card by committee;
penalties.
Section 9. No individual, candidate or political committee, or person acting on behalf of said
individual, candidate, or political committee, shall accept a contribution of money from any one
person or political committee if the aggregate amount contributed in a calendar year exceeds $50
except by a written instrument or by direct deposit in accordance with section 9A. For the purposes
of the preceding sentence the term "written instrument" shall mean a check on which the contributor
is directly liable or which is written on a personal, escrow, trust, partnership, business or other
account which represents or contains the contributor's funds. The term "written instrument" shall
also mean for contributions by credit or debit card, a paper record signed by the cardholder or, in
the case of such contribution made over the Internet, an electronic record created and transmitted by
the cardholder. The term "written instrument" shall not mean a certified check, cashier's check,
treasurer's check, registered check, money order, traveler's check or other similar negotiable
instrument. The director shall establish reasonable rules and regulations concerning the making of
contributions by a written instrument. No individual, candidate, political committee, or person
acting on behalf of said individual, candidate, or political committee, shall make an expenditure for
an amount exceeding $50 except by check or by credit card in accordance with the following
paragraph.
A political committee may maintain and use a credit card, obtained in accordance with applicable
banking laws and in the ordinary course of business, in order to make expenditures for the purpose
for which said committee was organized, pursuant to the provisions of section six, but provided that
no contribution of money may be accepted by any individual, candidate or political committee, or
person acting on behalf of said individual, candidate or political committee, other than in accordance
with the first paragraph of this section. The director shall establish reasonable rules and
regulations concerning the use of such credit cards, and shall print and publish forms to provide for
disclosure of said expenditures by credit card, to effectuate the purposes of this chapter.
Any individual or candidate, or any person acting on behalf of said individual or candidate, or on
behalf of a political committee, who violates any provision of this section shall be punished by
imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or
both. |
55:9A. Contributions by direct deposit; authorization cards.
Section 9A. A political action committee may accept contributions of money from individual
contributors by direct deposit of funds into the committee's bank account by wire transfer or other
electronic means; provided, however, that said contributor provides the political action committee
with a true copy of the signed authorization card provided by the contributor to the contributor's
employer, or the contributor s bank or other financial institution. Said authorization card shall
include (1) the name and residential address of the contributor, (2) the occupation and employer or
employers of any contributor whose authorization card authorizes a contribution of two hundred
dollars or more or periodic contributions which in the aggregate exceed or may exceed two hundred
dollars or more within any one calendar year, and (3) the amount and payment period, if any, of each
contribution. In addition, the authorization card shall include a statement that the contributor's
authorization may be revoked by the contributor at any time by written notice from the contributor to
the contributor s employer, or the contributor's bank or other financial institution. |
55:10. True name and address of donor to be given; penalties.
Section 10. No person shall, directly or indirectly, make a campaign contribution in any name except
his own nor in any manner for the purpose of disguising the true origin of the contribution nor unless
he makes his name and residential address known to the person receiving such contribution at the time
such contribution is made; nor shall any trust, foundation or association other than a political
committee make a campaign contribution unless at the time such contribution is made there is also made
known to the person receiving such contribution, the names and addresses of its principal officers.
No candidate or political committee or person acting under its authority or in its behalf shall
knowingly receive a campaign contribution, or knowingly enter or cause the same to be entered in the
accounts or records of such candidate or committee, unless the provisions of this section have been
complied with.
Violation of any provision of this section shall be punished by imprisonment for not more than one
year or by a fine of not more than one thousand dollars. |
55:10A. Restrictions on contributions to candidates through certain intermediaries
and conduits; definitions.
Section 10A. (a) Contributions made by a person to or on behalf of a particular candidate, including
contributions made through an intermediary or conduit, shall be treated as contributions from such
person to such candidate.
(b) Contributions made to a candidate, such candidate's agent, such candidate's committee or such
candidate's committee's agent, through an intermediary or conduit shall also be treated as
contributions from the intermediary or conduit to the candidate, if the intermediary or conduit is:
(1) a political action committee, or an officer, employee or other agent of such political committee;
(2) a legislative or executive agent registered pursuant to section forty-one of chapter three, or a
lobbying group or organization registered pursuant to section forty-four of chapter three, or an
officer, employee, or agent of such legislative or executive agent or lobbying group or organization
acting in its behalf; or
(3) any person charged with the responsibility of delivering individual contributions from a group of
officers or employees or a combination thereof of a corporation who have pooled such contributions;
(c) For purposes of this section, the following words shall, unless the context clearly indicates
otherwise, have the following meanings:-
(1) "Contributions made through an intermediary or conduit", shall mean: (i) contributions
delivered, whether in person or by mail, to a particular candidate or such candidate's authorized
committee or agent; and
(ii) contributions to a particular candidate, such candidate's authorized committee, such candidate's
agent, or such candidate's committee's agent, in a manner that identifies in writing the person who
arranged the making of the contributions.
(2) "Acting in its behalf", shall include using the name or resources of a person described in
paragraph (b).
(d) Nothing in this section shall prohibit:
(1) a bona fide joint fund-raising effort conducted solely for the purpose of sponsorship of a
fund-raising reception, dinner, or other event, in accordance with rules prescribed by the director
by:
(i) two or more state or local committees of a political party acting on their own behalf; or
(ii) a special committee formed by one or more candidates and one or more state or local committees
of a political party on their own behalf; or
(2) a fund-raising effort for the benefit of a candidate that is conducted by another candidate acting
in his individual capacity.
(e) In all cases where contributions are made by a person either to or on behalf of a particular
candidate through an intermediary or conduit as described in paragraph (b), the intermediary or
conduit shall report in writing the original source and the intended recipient of such of such
contribution along with other information required by this chapter to the director and to the
intended recipient. A candidate or political committee that fails to receive such notice in writing,
or equivalent actual notice of a violation of this section, shall not be civilly or criminally liable
for any such violation, except to the extent of returning the excess of any contribution made in
violation of this section.
(f) Nothing in this section shall be interpreted to permit a contribution which would otherwise
violate the provisions of section ten.
(g) The limitations of this section regarding contributions made through an intermediary or conduit
shall not apply when each contribution is one hundred dollars or less; provided, however, that said
one hundred dollar amount shall be indexed biennially for inflation by the director, who, not later
than December thirty-first of each odd numbered year, shall calculate and publish such indexed amount,
using the federal consumer price index for the Boston statistical area. |
55:11. Soliciting of money, etc., from, and payment thereof by, candidates
prohibited; exceptions; penalties.
Section 11. No person, no political committee and no person acting under the authority of a political
committee or in its behalf, shall demand, solicit, ask or invite from a candidate for nomination or
election to public office, or a person occupying an elective public office, any payment or gift of
money or other valuable thing, or promise of payment or gift of money or other valuable thing for
advertising, gratuities, donations, tickets, programs, or any other purpose whatsoever; and no such
candidate for nomination or election, and no one occupying an elective public office, shall make any
such payment or gift, or promise to make any such payment or gift, to any person, political committee,
or any person acting under the authority of a political committee, if such person or political
committee has demanded, solicited, asked, or invited from him any such payment, gift or promise of
payment or gift; but this section shall not apply to the soliciting or making in good faith of gifts
for charitable or religious purposes.
Violation of any provision of this section shall be punished by imprisonment for not more than one
year or by a fine of not more than one thousand dollars. |
55:12. Soliciting of money for nomination papers prohibited; penalties.
Section 12. No political committee, and no person acting under its authority or in its behalf, shall
demand or solicit from any candidate for nomination to elective office, or from any one acting in his
behalf, a payment of money or a promise of payment of money, as a prerequisite to his obtaining from
such committee or its agent the nomination papers required by sections ninety-five to one hundred and
one, inclusive, of chapter fifty-three.
Violation of any provision of this section shall be punished by a fine of not more than one hundred
dollars. |
55:13. Solicitation or receipt of political campaign contributions by appointive
public officers or employees prohibited; exception; penalties.
Section 13. No person employed for compensation, other than an elected officer, by the commonwealth
or any county, city or town shall directly or indirectly solicit or receive any gift, payment,
contribution, assessment, subscription or promise of money or other thing of value for the political
campaign purposes of any candidate for public office or of any political committee, or for any
political purpose whatever, but this section shall not prevent such persons from being members of
political organizations or committees. The soliciting or receiving of any gift, payment,
contribution, assessment, subscription or promise of money or other thing of value by a non-elected
political committee organized to promote the candidacy for public office of a person so employed for
compensation by the commonwealth or any county, city or town, shall not be deemed to be a direct or
indirect solicitation or receipt of such contribution of such person; provided, however, that no such
gift, payment, contribution, assessment, subscription or promise of money or other thing of value may
be solicited or received on behalf of such a person from any person or combination of persons if such
person so employed knows or has reason to know that the person or combination of persons has an
interest in any particular matter in which the person so employed participates or has participated in
the course of such employment or which is the subject of his official responsibility.
Any appointed officer or employee convicted of violating any provision of this section may be removed
by the appointing authority without a hearing.
Violation of any provision of this section shall be punished by imprisonment for not more than one
year or by a fine of not more than one thousand dollars. |
55:14. Soliciting contributions in public buildings prohibited; penalties.
Section 14. No person shall in any building or part thereof occupied for state, county or municipal
purposes demand, solicit or receive any payment or gift of money or other thing of value for the
purposes set forth in section thirteen.
Any appointed officer or employee convicted of violating any provision of this section may be removed
by the appointing authority without a hearing.
Violation of any provision of this section shall be punished by imprisonment for not more than one year or by a
fine of not more than one thousand dollars. |
55:15. Political contributions by public officers or employees restricted; penalties.
Section 15. No officer, clerk or other person in the service of the commonwealth or of any county, city or town
shall, directly or indirectly, give or deliver to an officer, clerk or person in
said service, or to any councillor, member of the general court, alderman,
councilman or commissioner, any money or other valuable thing on account of, or
to be applied to, the promotion of any political object whatever.
Nothing in this section shall be construed to prevent any officer, clerk or other person in the public service of
the commonwealth, or of any county, city or town from making a contribution to a
candidate or to an elected or nonelected political committee.
Violation of any provision of this section shall be punished by a fine of not less than one hundred nor more than one
thousand dollars. |
55:16. Requiring political contributions or services of persons in public service prohibited; penalty.
Section 16. No person in the public service shall, for that reason, be under obligation to contribute to any
political fund, or to render any political service, and shall not be removed or otherwise prejudiced for refusing to do so.
Violation of any provision of this section shall be punished by a fine of not less than one hundred nor more than one thousand dollars. |
55:16A. Obligation to make political contribution or render political service; penalty.
Section 16A. No person doing business with the commonwealth shall, for that reason, be under obligation to contribute
to any political fund, or to render any political service, and shall not be otherwise prejudiced for refusing to do so.
Violations of any provision of this section shall be punished by a fine of not less than one hundred nor more than one thousand dollars. |
55:16B. Obligation to make political contribution or render political service; penalty.
Section 16B. No person employed for compensation shall be under any obligation to contribute to any candidate or
political committee, or to render any political service on account of, or as a
consequence of, his employment and such person shall not be removed or otherwise
prejudiced for refusing to do so. This section shall not apply to a person
employed by a candidate or political committee or other organization organized
for the purpose of rendering political service. A violation of this section
shall be punished by a fine of not more than one thousand dollars or by
imprisonment for not more than six months or both such fine and imprisonment.
Each such violation shall constitute a separate offense. |
55:17. Public service status of officers or employees protected relative to political contributions; penalty.
Section 17. No officer or employee of the commonwealth or any of any county, city or town shall discharge, promote, or
degrade an officer or employee, or change his official rank or compensation, or
promise or threaten so to do, for giving withholding or neglecting to make a
contribution of money or other valuable thing for political purpose.
Violation of any provision of this section shall be punished by a fine of not less than one hundred nor more than one thousand dollars. |
55:18. Reports of contributions and expenditures; persons required to file; contents; reporting periods; time limits; penalties.
Section 18. Each candidate and each treasurer of a political committee shall
file with the director or, if the candidate seeks public office at a city or
town election, or if the committee is organized for the purpose of a city or
town election, with the city or town clerk, reports of contributions received
and expenditures made on forms to be prescribed by the director. A committee
organized under the provisions of section five to favor or oppose a question
submitted to the voters shall file its reports with the director if the question
appears on ballots at a state election, or with the city or town clerk if the
question appears on ballots at a city or town election or for use in a city or
town at a state election.
Such reports shall be filed as follows:
(a) by each candidate for nomination or election to the state senate or
house of representatives, and by the non-elected political committee organized
on behalf of such candidate, on or before: (1) the eighth day preceding a
primary, the eighth day preceding a biennial state election, and, as a final
report, the twentieth day of January in the following year complete as to the
thirty-first day of December of the prior year; (2) the eighth day preceding a
special primary, including a convention or a caucus, the eighth day preceding a
special election, the thirtieth day following a special election, and, as a
final report, the twentieth day of January in the following year complete as to
the thirty-first day of December of the prior year. (b) by each
candidate for nomination or election to city or town office, and by the
non-elected political committee organized on behalf of such candidate, except a
candidate required to designate a depository by section nineteen or a candidate
seeking election as a member of a representative town meeting or of a town or
city ward committee, and any non-elected political committee organized on behalf
of such candidate, on or before: (1) the eighth day preceding a city or town
preliminary or primary, including a caucus, the eighth day preceding a city or
town election, and if a city election, as a final report, the twentieth day of
January in the following year complete as to the thirty-first day of December of
the prior year, and if a town election, as a final report, the thirtieth day
following said election; (2) the eighth day preceding a special primary,
including a caucus, the eighth day preceding a special election, and, as a final
report, the thirtieth day following a special election. (c) by each
candidate and each non-elected political committee required to designate a
depository by section nineteen on or before: (1) the third business day
following the designation of such depository, and (2) as a final report, the
twentieth day of January of the year following the election, complete as to the
thirty-first day of December of the prior year. The reporting period of
the initial report shall commence on the day following the preceding election
for the office sought by the candidate, or on the day following the end of the
reporting period of the last report filed, if any, whichever period is shorter,
and shall end as of the day such depository is designated. The reporting
period of the second report shall commence on the day following the designation
of the depository and shall end as a the thirty-first day of December of the
year of the election. (d) by the treasurer of each state committee
referred to in section one of chapter fifty-two and required to designate a
depository by section nineteen, on or before: (1) the third business day
following the designation of such depository, and (2) as a final report, the
twentieth day of January of the year following the election complete as to the
thirty-first day of December of the prior year. The reporting period of
the initial report shall commence on the day following the preceding biennial
state election, or on the day following the end of the reporting period as of
the last report filed, if any, whichever period is shorter, and shall end as of
the day such depository is designated. The reporting period of the
second report shall commence on the day following the designation of the
depository and shall end as of the thirty-first day of December of the year of
the election. (e) by all other non-elected and elected political
committees which are not required to file reports as aforesaid, on or before:
(1) the same days and in accordance with the same schedule as set forth in
clause (a), if the political committee is aiding or promoting the success or
defeat of one or more candidates in a state primary, special or general
election; (2) the same days and in accordance with the same schedule as set
forth in clause (b), if the political committee is aiding or promoting the
success or defeat of one or more candidates, or is favoring or opposing a
question submitted to the voters, in a city or town preliminary, primary general
or special election or for use on ballots in a city or town at a state election.
(f) by each political committee organized under the provisions of
section five to favor or oppose a question submitted to the voters, if the
question appears on the ballot at the state election on: (1) the day of the
organization; and (2) the sixtieth day prior to the election complete as of the
preceding fifth day; on or before (3) the fifth and twentieth day of each month
complete as of the preceding first and fifteenth day of the month, until the
election, and, thereafter; (4) the twentieth day of November following such
election complete as of the fifteenth day of the month; and (5) the twentieth
day of January of each year complete as of the thirty-first day of December of
the prior year until all declared liabilities of such committee have been
discharged. The reporting period of the initial report shall commence
on the day following the preceding biennial state election, or on the day
following the end of the reporting period of the last report filed, if any,
whichever period is shorter, and shall end as of the day of organization.
The reporting period of the second report shall commence on the day
following said day of organization and shall end as of the sixtieth day prior to
the election. The reporting period of all subsequent reports shall
commence on the day following the end of the reporting period of the last report
filed and shall end as of the first or fifteenth day of each month, as the case
may be.
[There is no clause (g).]
(h) by all candidates and all political committees, except those candidates seeking election as members of
a representative town meeting, or of a city ward or town committee, and
non-elected political committees organized on behalf of such candidates, on or
before the twentieth day of January in each year in which they are not otherwise
required to file a report on or before the twentieth day of January.
For candidates, and non-elected political committees organized on behalf of such
candidates for whom said report would be an initial report, the reporting period
shall commence on the day following the preceding election for the office sought
by such candidate and shall end as of the thirty-first day of December of the
year prior to the last day for filing; and for all other political committees
for which said report would be an initial report, the reporting period shall
commence on the day following the preceding state, city or town election, as the
case may be, and in accordance with the provisions of this section governing
said initial report of such committees, and shall end as of the thirty-first day
of December of the year prior to the last day for filing said report. For all
candidates and all political committees, if said report is not an initial
report, the reporting period of such reports required to be filed on or before
the twentieth day of January in each year shall commence on the first day of
January of the prior year, or on the day following the end of the reporting
period of the last report filed, if any, whichever period is shorter, and shall
end as of the thirty-first day of December of said prior year. The
reports required to be filed in accordance with the provisions of clauses (a)
and (b), except for the report to be filed in accordance with said provisions on
or before the twentieth day of January of the year following the election, shall
not be required of a candidate, or of the non-elected political committee
organized on behalf of said candidate, if the candidate is not a candidate as
defined in clause (2) of the definition of candidate of section one.
Notwithstanding the provisions of clauses (a), (b), (c) and (d), for those
contributions received subsequent to the end of the reporting period of the last
report filed, which was identified in said clauses as a final report, by a
candidate or political committee, and intended for application to the preceding
election of said candidate or of said reporting political committee, an
additional report, which shall be the final report for such candidates and
committees shall be required. This report shall be filed on or before the
twentieth day of January following the last day for filing said final report of
clauses (a), (b), (c) and (d), and shall be complete as of the thirty-first day
of December of the prior year. The reporting period of said report shall
commence on the day following the end of the reporting period of the last
report, or final report required to be filed by said clauses. Except as
otherwise provided, each candidate and the non-elected political committee
organized on behalf of said candidate, shall, upon the filing of the initial
report, include all contributions received and expenditures made since the day
of the preceding election for the office sought by the candidate, or since the
end of the reporting period of the last report filed, if any, whichever
reporting period is shorter, and all other political committees shall, upon the
filing of their initial report, include all contributions received and
expenditures made since: (1) the day of the preceding biennial state election,
or the end of the reporting period of the last report filed, if any, whichever
period is shorter, if the political committee is either aiding or promoting the
success or defeat of one or more candidates, or is favoring or opposing the
adoption or rejection of a question submitted to the voters, at a state primary
or election, or (2) the day of the preceding city or town election, or the end
of the reporting period of the last report filed, if any, whichever period is
shorter, if the political committee is either aiding or promoting the success or
defeat of one or more candidates, or is favoring or opposing the adoption or
rejection of a question submitted to the voters, at a city or town preliminary,
primary or election. Except as otherwise provided, the end of the
reporting period of each report required to be filed under the provisions of
this section shall be as of the tenth day preceding the last day for filing.
The beginning of the reporting period for each report subsequent to the initial
report shall be the day following the end of the reporting period of the last
report filed. The reports required to be filed by this section shall be
cumulative during the calendar year to which they relate. Where there
has been no change in an item included in a previous report, only the amount of
the item need be carried forward. Whether or not a contribution has
been received or an expenditure has been made during any reporting period as
described in this section, a candidate or political committee shall file the
required report for said reporting period. Each report required to be
filed under the provisions of this section by a candidate or a political
committee shall disclose: (1) the amount of money on hand at the
beginning of the reporting period; (2) the full name and residential
address, listed alphabetically, of each person who has made a contribution,
except for those contributions identified in clauses (4), (5) and (6) and which
shall be reported therein, in an amount or value in excess of fifty dollars in
the reporting period, and such information for each contribution of less than or
equal to the sum of fifty dollars, if the aggregate of all contributions
received from such contributor within said reporting period is in excess of
fifty dollars, as the case may be, and the amount or value and date of the
contribution and the total of all contributions listed; (3) the total
amount or value of contributions made in the reporting period, and not otherwise
reported under clause (2); (4) the name and address, listed
alphabetically, of each candidate or political committee from which was received
any money or anything of value in a reporting period, together with the amount
or value thereof and the date received; (5) the name and address of the
principal officers of any trust, foundation and association from which was
received a contribution, as provided in section ten; (6) the amount or
value and date of each loan to or from any person, in the reporting period,
together with the name and residential address of the lender and endorser, if
any, listed alphabetically; (7) the total sum of all contributions
received, in the reporting period, which is the sum of clauses (2), (3), (4),
(5) and (6); (8) the full name and address, listed alphabetically, of
each person to whom an expenditure is made, in the reporting period, except for
those identified in clause (10) and which shall be reported therein, in an
amount or value in excess of fifty dollars, the amount and value, date and
purpose of each such expenditure and the total of all such expenditures listed,
and in the case of a political committee supporting more than one candidate, the
name and address, the elective office held, if any, and office sought by each
candidate on whose behalf such expenditure was made; (9) the total
amount or value of expenditures made in the reporting period, and not otherwise
reported under clause (8); (10) in the case of a candidate or political
committee, the name and address, listed alphabetically, of each candidate or
political committee to which was transferred any money or anything of value, in
the reporting period, together with the amount or value thereof and the date of
such transfer; (11) the total sum of expenditures made, in the reporting
period, which is the sum of clauses (8), (9) and (10); (12) the amount
and date of each then existing liability remaining unfulfilled and in force when
the report is made, the name and address of the person to whom the liability
exists, and a clear statement of the purpose for which it was incurred;
(13) a listing of all banks or other financial institutions used; (14) in
the event of a dissolution of a political committee, a statement of such
dissolution detailing the intended or actual disposition of any residual funds;
and (15) in the event of a dissolution of a political action committee,
a statement that the political action committee has not received contributions
pursuant to section nine A or, if it has received such contributions, a
statement that the political action committee has given sixty days written
notice of its intended dissolution to any contributor and said contributor's
bank or other financial institution currently making contributions pursuant to
said section nine A. In addition, each report required to be filed
under the provisions of this section shall also include the name, residential
address, and amount contributed in that reporting period, of each person whose
contributions in the aggregate exceed more than fifty dollars in the calendar
year, for those contributions where said information does not otherwise appear
on the report. In addition, each report required to be filed under the
provisions of this section shall also include the occupation and name of
employer or employers for each person whose contribution or contributions in the
aggregate equals or exceeds the sum of two hundred dollars within any one
calendar year; provided, however, that no candidate or political committee shall
be required to include such occupation and employer, if upon compliance with the
requirements of section two concerning the inclusion of such occupation and
employer, said candidate or political committee has not been able to obtain such
information. In addition, the report required to be filed on or before
the twentieth day of January shall contain a statement detailing the intended or
actual disposition of any residual funds. Such residual funds shall not be
converted to the personal use of the candidate or any other person except as
provided in this paragraph. Such residual funds shall be donated to:
(i) the Local Aid Fund established under the provisions of section two
D of chapter twenty-nine or the Categorical Grants Fund established under the
provisions of section two N of chapter twenty-nine, whichever is in effect;
(ii) an entity which is subject to chapter sixty-seven or section eight
of chapter twelve; provided, however, that the candidate, treasurer or any
official of the political committee shall not be related by consanguinity or
affinity to any trustee, officer, principal or beneficiary of said entity either
at the time of the gift or within ten years from the date of such gift;
provided, further, that no entity may employ as a trustee, officer, principal or
beneficiary any person related by consanguinity or affinity to the candidate,
treasurer or any official of the political committee either at the time of the
gift or within ten years from the date of such gift; (iii) a scholarship
fund; provided, however, that the candidate, treasurer or any official of the
political committee shall not participate in the selection of the beneficiary of
any scholarship awarded from such fund; and, provided further, the beneficiary
of any scholarship awarded from such fund shall not be related by consanguinity
or affinity to the candidate, treasurer or any official of the political
committee; or (iv) the general fund of any city or town in the
commonwealth. The director may petition the supreme judicial court for
the dissolution of a political committee, if (i) such political committee fails
to comply for two consecutive years with provisions of this section requiring
the filing of reports of contributions received and expenditures made; (ii) the
candidate on whose behalf such political committee has been organized has died;
or (iii) such political committee was organized for the purpose of favoring or
opposing the adoption or rejection of a question submitted to the voters and
there has been a final determination made as to the adoption or rejection of
such question. By such petition, the director may request the court to
authorize the administration of any funds held by such political committee in
accordance with the provisions of this section regarding residual funds. The
court, after notice by mail or otherwise as it may order, may dissolve such
political committee. The director may include more than one political committee
in a single application. Violation of any provision of this section
shall be punished by imprisonment for not more than one year, or by a fine of
not more than one thousand dollars, or both. The provisions of this
section requiring candidates to file reports shall not apply to candidates who
during any reporting period have not received contributions, incurred any
liabilities, nor made expenditures on their own behalf independent from the
political committee organized on their behalf. Said candidates shall sign an
affidavit under the pains and penalties of perjury that they have not received
any contributions, incurred any liabilities, nor made any expenditures on their
own behalf during that reporting period. Said affidavit shall be made on the
report filed by the candidate's political committee for that reporting period.
Candidates who have no political committee organized on their behalf
and who have not received any campaign contributions, incurred any liabilities,
nor expended money on their behalf during any reporting period need only sign an
affidavit on a form provided by the director stating that they have not received
a campaign contribution, incurred any liabilities, nor made any expenditure on
their own behalf. Said statement shall be signed under the pains and penalties
of perjury.
The provisions of this section requiring city, town and
ward committees established under the provisions of chapter fifty-two to file
reports shall not apply to any city, town or ward committee which has not
received contributions or made expenditures in excess of one hundred dollars
during any reporting period, nor incurred any liabilities or acquired or
disposed of assets in excess of one hundred dollars during any reporting period. |
55:18A. Reports of independent expenditures.
Section 18A. Every individual, group or association not defined as a political committee, who makes an independent
expenditure or expenditures in an aggregate amount exceeding one hundred dollars
during any calendar year for the purpose of promoting the election or defeat of
any candidate or candidates shall file with the director, or with the city or
town clerk if such candidate or candidates seek public office at a city or town
election, within seven business days after making such independent expenditure
or expenditures, on a form prescribed by the director, a report stating the name
and address of the individual, group or association making the expenditure or
expenditures; the name of the candidate or candidates whose election or defeat
the expenditure promoted; the name and address of the person or persons to whom
the expenditure or expenditures were made; and the total amount or value; the
purpose and the date of the expenditure or expenditures.
For the purposes of this section the
term "independent expenditure" shall mean an expenditure by an individual,
group, or association not defined as a political committee expressly advocating
the election or defeat of a clearly identified candidate which is made without
cooperation or consultation with any candidate, or a nonelected political
committee organized on behalf of a candidate, or any agent of a candidate and
which is not made in concert with, or at the request or suggestion of, any
candidate, or any nonelected political committee organized on behalf of a
candidate or agent of such candidate. |
55:18B. Report of fundraising event; non-resident candidate; definition; penalty.
Section 18B. Each candidate or elected official who sponsors a fund raising event in the commonwealth on behalf
of a non-resident candidate shall file with the director reports of
contributions received by the non-resident candidate as a result of said fund
raising event on forms to be prescribed by the director except as noted herein
in accordance with this section on or before the thirtieth day following said
fund raising event.
(A) Each report required to be
filed under the provisions of this section shall include:
(1) the name and address, listed
alphabetically, of each person or corporation or other entity which has made a
contribution to the non-resident candidate in connection with said fund raising
event in an amount or value in excess of fifty dollars and the amount and value
and date of such contribution;
(2) the name and address, listed
alphabetically, of each candidate or political committee from which was received
by the non-resident candidate or said candidate's political committee any
transfer of money or anything of value in connection with said fund raising
event in an amount or value in excess of fifty dollars, together with the amount
or value and date of any such transfer;
(3) the name and address of the principal officers of any trust, foundation, corporation, association or other entity from
which was received a contribution by the non-resident candidate or said
candidate[']s political committee in connection with said fund raising event in
an amount or value in excess of fifty dollars, together with the amount or value
and date of any such transfer;
(4) the amount or value and date of each loan
to or from any person or entity, in connection with said fund raising event in
an amount or value in excess of fifty dollars, together with the name and
residential address of the lender and endorser, if any, listed alphabetically,
and the amount and value of and date of each loan;
(5) the total amount of all contributions
reported pursuant to clauses (1) to (4), inclusive, of paragraph (A) as well as
the total amount of all contributions less than or equal to fifty dollars from
any individual, political committee, trust, partnership, association or other
organization other than a political committee received by the non-resident
candidate in connection with said fund raising event; and
(6) in addition to the information required by
clause (1), the occupation and employer or employers of each person who has made
a contribution to the non-resident candidate in connection with said fund
raising event in an amount or value of two hundred dollars or more pursuant to
section two.
(B) A candidate or elected official sponsoring a fund raising event for a non-resident candidate may file
a copy of any report required to be filed by the non-resident candidate in
accordance with the laws of the state where said non-resident candidate seeks
nomination or election instead of the report prescribed by the director,
provided said report:
(1) contains the information required by this section;
(2) is attested by the candidate or elected official sponsoring said fund raising event under the penalties of perjury as a
true and accurate copy of the report filed by the non-resident candidate;
and
(3) is filed on or before the thirtieth day following said fund raising event.
(C) The provisions of this section shall not apply to any fund raising event unless said fund raising event
raises in the aggregate more than one thousand dollars.
(D) For the purposes of this
section the following word shall have the following meanings:
"Non-resident candidate", any person seeking nomination or election to state or federal office in any state other
than the commonwealth, who is a candidate in accordance with the laws of the
state where said person is seeking nomination or election or would be a
candidate under section one of this chapter except for the fact that said person
is seeking public office in a state other than the commonwealth or any person
who currently holds an elective office in any state other than the
commonwealth.
"Fund raising event", any event the purpose of which is to raise funds through the device of tickets,
advertisements, or otherwise, for a non-resident candidate including a
testimonial, held on behalf of said non-resident candidate for the election
campaign or political committee of a non-resident candidate as defined by this
section and that is sponsored in whole or in part by a candidate as defined in
section one.
Violation of any provision of this
section shall be punished by imprisonment for not more than one year, or by a
fine of not more than one thousand dollars, or both. |
55:18C. Electronic disclosure for candidates and political committees.
Section 18C. (a) The director shall develop an electronic reporting system for the submission, retrieval, storage
and public disclosure of campaign finance reports and financial activity
statements required to be filed with the director.
(b) The following individuals and political
committees shall be required to file electronically by modem or via computer
terminals provided or approved by the director:
(1) each candidate or candidate s committee
that, during an election cycle, can reasonably expect to raise or spend more
than $50,000 for the offices of governor, lieutenant governor, state secretary,
attorney general, state treasurer and receiver general, auditor or $5,000 for
the offices of councillor, state senator and state representative.
(2) each ballot question committee that,
since December thirty- first following the last state election, has raised or
spent more than $25,000; (3) any
other political committee, other than a candidate's committee or a ballot
question committee, if such political committee is aiding or promoting the
success or defeat of one or more candidates for an office listed in subsection
(b)(l) and has, since December thirty- first following the last state election,
raised or spent more than $10,000.
(c) For every individual and committee required to
file electronically under subsection (b) the dates for filing and the contents
of the filing shall be the same as that required for a candidate or political
committee in section 18 of chapter 55. The filings required under section 19 of
chapter 55 for candidates listed in subsection (b) of this section shall be
filed electronically. Filers specified in subsection (b) shall continue to file
all paper-generated reports as a form of backup until such time as the director
determines that the electronic filing system meets all pertinent filing and
disclosure requirements.
(d) The director shall provide the public with electronic access to all campaign finance
data and financial activity statements submitted to the agency as required under
subsections (b) and (c) not later than three days after the information is
received. The director shall have the discretion to provide the public with
electronic access to all other campaign finance data and financial activity
statements. Electronic access shall include access through the World Wide
Web.
(e) Electronic filing shall commence on January 1, 2002 for candidates seeking offices listed in subsection
(b)(l). Electronic filing shall commence for candidates for the state senate and
house of representatives, on January 1, 2002. Electronic filing shall commence
for political committees required to file under subsection (b)(2) on January 1,
2002. Electronic filing shall commence for all other political committees
required to file under subsection (b) on January 1, 2004. The director may allow
voluntary electronic filing prior to the dates listed and may allow candidates
and political committees not required to file electronically to file
electronically. After January 1, 2005, the director shall have the discretion to
require electronic filing by any class of candidates, individuals, or political
committees required to make paper filings as required by chapter 55.
(f) Candidates and political committees who are required to file electronically and fail to file shall be subject to the
same penalties as if they failed to file paper filings required under sections
18 and 19 of chapter 55.
(g) The director shall have the discretion to develop the electronic reporting system;
to contract with private vendors to develop the system; or to specify the format
in which the data is to be filed and to permit any person to adapt his filing
software to the required format.
(h) The Director shall develop or employ encryption technology and other means of ensuring the integrity of transmitted
data which may be used by filers in lieu of a handwritten signature for
verification purposes and to constitute signature under penalties of perjury as
required by section 24 of chapter 55.
(i) Any party required to file electronically under this section who fails to file, files late, files a false return, or
allows a false return to be filed, shall be subject to the same penalties as if
they failed to file or filed late a paper filing required under section 18, or
filed a false return or allowed a false return to be filed. |
55:19. Campaign funds; designation of depository.
Section 19. (a) Candidates for nomination or election to the offices of governor, lieutenant governor,
secretary of state, attorney general, state treasurer and receiver general,
auditor, governor's council, district attorney, clerk of court, register of
probate, registrar of deeds, county commissioner, county treasurer, and sheriff,
mayor or other citywide office except for the office of school committee, in a
city with a total population, as determined by the most recent decennial federal
census, of one hundred thousand or more persons and the treasurer of each state
committee referred to in section one of chapter fifty-two, and the treasurer of
the nonelected political committee authorized by any of the aforesaid candidates
shall forthwith, upon the organization of said political committee, or upon
becoming a candidate in accordance with the provision of clauses (1) and (2) of
the definition of candidate in section one, designate a financial institution as
a depository for the campaign funds of such candidate or political committee.
The financial institution so designated shall be a national bank, federal
savings bank, federal savings and loan association or federal credit union, if
such bank, association or credit union is authorized to transact business and
has its main office or a branch office in the commonwealth; or a trust company,
credit union, co-operative bank or savings bank, if such company, credit union
or bank is organized and exists under the laws of the commonwealth or any other
state of the United States or is otherwise authorized to transact business in
the commonwealth and has its main office or a branch office in the
commonwealth. Each such candidate, and the treasurer of each such political
committee shall file with the director, no later than the third business day
following the designation of such depository, a certificate of appointment
containing the name of financial institution so designated, and the name of the
candidate or political committee, and shall authorized the financial institution
so designated to submit the reports required by subsection (e).
(b) Every candidate and the treasurer of every committee required to designate a depository shall, by the end of the seventh
day after receipt of any contribution deposit it in the form received in the
designated depository. No such deposit shall be made or received to the credit
of any account designated as provided for in this section unless such deposit
shall be accompanied by a deposit slip containing for each contribution in
excess of the sum of fifty dollars the name and address of the contributor in
the case of an individual or political committee and in addition in the case of
a trust, foundation or other association the data required by section ten;
provided that such information shall also be listed for each contribution of
less than or equal to the sum of fifty dollars if the aggregate of all
contributions deposited from such contributor during the preceding fourteen days
is in excess of fifty dollars. If any deposits represent the proceeds of
borrowings, the deposit slip shall indicate the names and addresses of the
lender, those persons liable either primarily or secondarily for any portion of
such borrowings and those persons providing collateral, if any, for such
borrowings. In addition, each such deposit slip shall include the name and
address, together with the amount of the contribution for that reporting period
of each person whose contributions in the aggregate exceeds fifty dollars or
more in the calendar year and, if such contribution is in an amount or value of
two hundred dollars or more in the calendar year, such person's occupation and
name of employer or employers for those contributions where said information
does not otherwise appear on said deposit slip.
(c) Except as otherwise provided in this section, all payments for campaign purposes made by or for the benefit of a
candidate or by the treasurer of a committee required to designate a depository
after the date such depository is required to be designated which are in excess
of fifty dollars shall be made only from funds on deposit in said depository
through checks drawn on such depository and indicating that such check are
drawn on the campaign account of the candidate or the political committee
involved. All checks drawn on such campaign accounts shall be payable either to
the order of a named payee not the candidate or treasurer or, if for no more
than fifty dollars, may be payable to the candidate or treasurer, except that
the total of checks payable to the candidate or treasurer for each period under
subsection (e) hereof shall not exceed five hundred dollars, and shall contain
printed thereon a statement of purposes as follows:
PURPOSES OF PAYMENT.
(Check One and Fill in Specific Purpose)
TV, Radio ____ Printing
____ Signs or Displays ____
Newspaper ____ Office
____ Transfer of Fund ____
Meetings ____ Travel
____ Other ____
Specific Purpose
____________________________________________________
Such checks shall also contain
thereon for signature by the named payee, the certificate required by section
seven.
A candidate or treasurer of a political committee required to designate a depository may make
expenditures by wire transfer or other electronic means for broadcast, cablecast
or other media services and for payroll services made in connection with
employee deductions and withholdings. A candidate or treasurer making an
expenditure by wire or other electronic transfer shall file a report with the
director within three business days of any such expenditure. Such report shall
include a statement of the reason the expenditure was made by wire transfer or
other electronic means and the other information required by this section. In
addition, for any expenditure made for media services, such report shall contain
thereon for signature by the person providing such media services, a certificate
prepared by the director similar to the certificate required by section
7.
(d) No candidate or committee treasurer required to designate a depository for campaign funds shall
authorize the incurring of any expenditure in behalf of the candidate or a
committee unless there are monies on deposit in the depository designated in
accordance with the provisions of this section to the credit of the campaign
account of such candidate or committee sufficient to pay the amount of
expenditures so authorized, together with all unpaid obligations outstanding, or
unless such candidate or treasurer files with the director on the dates
indicated in subsection (e) a complete statement of all unpaid obligations then
outstanding, the terms of payment, purpose of the expenditure by which the
obligation was created and name and address of the person holding the
obligation.
(e) The cashier or treasurer of the bank, selected by any candidate or committee as above
provided, shall file with the director and, if a candidate for nomination or
election to the office of mayor or other citywide office except for school
committee, shall also file a copy with the city clerk (1) during the last six
months of an election year by the fifth day and twentieth day of each month
while such account is in existence, and (2) during the first six months of an
election year and during non-election years by the fifth day of each month while
such account is in existence, the following information, a statement of the
balance as of the preceding first day or fifteenth day of the month or as of the
last report filed pursuant to this paragraph, whichever is applicable, together
with a summary of all of the deposit slips presented to the bank since the last
such statement with any deposit of monies to the campaign account of such
candidate or committee, listing the names alphabetically and other data as to
all donors as it appeared on the deposit slip, and a list of all the checks
presented to the bank since the last such statement upon which any funds were
withdrawn from any such account with the names and addresses of the payees and
the amount of each check, and the purposes for which the money was paid as
thereon indicated. For the purposes of this subsection, the term "election
year" shall mean the calendar year in which a primary, special or general
election is scheduled for the office sought or held by the candidate or
political committee maintaining such account and the term "non-election year"
shall mean all other years.
(f) Such accounts shall remain in existence until the election and so long
thereafter as a candidate or political committee has unpaid obligation still
outstanding. A candidate or the treasurer of a political committee which has
such obligations shall file with the director by the fifth of each month a
summary of all campaign contributions (including campaign contributions in the
form of forgiveness of indebtedness) received during the preceding month
together with the name and address and all other data as to each such
contributor required by section ten.
Any candidate or political committee which fails to file any report required by this section shall be assessed, and shall
pay to the state treasurer, a penalty not greater than ten dollars for each day
such candidate or political committee has not filed such report.
Violation of any provision of this section shall be punished by imprisonment for not more than six months or by a
fine of not more than five hundred dollars. |
| Section 20. Repealed, 1979, 335, Sec. 2. |
| Section 21. Repealed, 1979, 335, Sec. 3. |
55:22. Corporations making contributions; filing of reports with director; penalties.
Section 22. The treasurer of a corporation, association, organization or other group of persons, other than a
political committee organized under section 5, which has given, paid, expended
or contributed, or promised to give, pay, expend or contribute, any money or
other thing of value in order to influence or affect the vote on any question
submitted to the voters shall file reports setting forth the amount or value of
every gift, payment, expenditure or contribution or promise to give, pay, expend
or contribute, together with the date, purpose and full name and address of the
person to whom it was made.
If the question appears on ballots at
a state election, such report shall be filed with the director as follows: (1)
the sixtieth day prior to the election; (2) on or before the fifth and twentieth
day of each month complete as of the preceding first and fifteenth day of the
month, until the election; (3) the twentieth day of November following such
election, complete as of the fifteenth day of the month; and (4) the twentieth
day of January of each year, complete as of the thirty-first day of December of
the prior year, until all declared liabilities of such corporation, association,
organization or other group of persons have been discharged.
If the question appears on ballots at
a city or town election or appears on ballots for use in a city or town at a
state election, such report shall be filed with the city or town clerk as
follows: (1) the eighth day preceding a preliminary or primary, including a
caucus, the eighth day preceding a city or town election and, if a city
election, as a final report, the twentieth day of January in the following year,
complete as of the thirty-first day of December of the prior year and, if a town
election, as a final report, the thirtieth day following such election; (2) the
eighth day preceding a special primary, including a caucus, the eighth day
preceding a special election and, as a final report, the thirtieth day following
a special election; and (3) the twentieth day of January of each year, complete
as of the thirty-first day of December of the prior year, until all declared
liabilities of such corporation, association, organization or other group of
persons have been discharged.
Except as otherwise provided, the end
of the reporting period of each report required to be filed under the provisions
of this section shall be as of the tenth day preceding the last day for filing.
The beginning of the reporting period for each report subsequent to the initial
report shall be the day following the end of the reporting period of the last
report filed.
Any corporation, association,
organization or other group of persons, other than a political committee
organized under said section 5, violating any provision of this section shall be
punished by a fine of not more than $50,000 and any officer, director or agent
of any such corporation, association, organization or other group of persons
violating any provision hereof or authorizing any such violation or any person
who violates or in any way knowingly aids or abets the violation of any
provision hereof shall be punished by a fine of not more than $10,000 or by
imprisonment for not more than one year or by both such fine and
imprisonment. |
55:22A. Expenditures for political purpose; report; punishment for violation; examination of accounts.
Section 22A. The treasurer of any city, town, or other governmental unit which has given, paid, expended or contributed, or
promised to give, pay, expend or contribute any money or any valuable thing in
order to influence or affect the vote on any question submitted to the voters of
the commonwealth shall file reports with the director setting forth the amount
or value of every gift, payment, expenditure or contribution or promise to give,
pay, expend or contribute, together with the date, purpose, and full name and
address of the person to whom it was made.
The treasurer of any city, town, or other
governmental unit which has given, paid, expended or contributed, or promised to
give, pay, expend or contribute any money or any valuable thing in order to
influence or affect the vote on any other question submitted to the voters of
any city or town or any part of any city or town, shall file reports with the
clerk of such city or town setting forth the amount or value of every gift,
payment, expenditure or contribution or promise to give, pay, expend or
contribute, together with the date, purpose, and full name and address of the
person to whom it was made.
Such reports shall be filed as follows:
(1) the sixtieth day prior to the election; on or
before (2) the fifth and twentieth day of each month complete as of the
preceding first and fifteenth day of the month, until the election, and
thereafter; (3) the fifth day of each month until all declared liabilities have
been discharged.
Any officer of a governmental unit violating any
provision thereof or authorizing such violation, or any person who violates or
in any way knowingly aids or abets the violation of any provision thereof, shall
be punished by a fine of not more than ten thousand dollars or by imprisonment
for not more than one year, or both.
The director of campaign and political finance, or
in the case of a city or town, the clerk of such city or town, shall examine the
accounts submitted by cities and towns for political expenditures, and may order
restitution of public funds which have been adjudicated to have been spent
contrary to law by public officials. Nothing contained herein shall be
construed as authorizing the expenditures of public monies for political
purposes. |
55:23. Persons acting for political committees; accounts and vouchers to treasurers.
Section 23. Whoever, acting under the authority or
in behalf of a political committee, receives any money or its equivalent, or
promise of the same, or expends or incurs any liability to pay the same, shall,
on demand, and in any event within three business days after such receipt,
expenditure, promise or liability, give to the treasurer a detailed account of
the same, with all vouchers required by this chapter, which shall be a part of
the accounts and files of such treasurer.
Violation of any provision of this section shall be
punished by imprisonment for not more than one year or by a fine of not more
than one thousand dollars. |
55:24. Place of filing statements; signing.
Section 24. If the statement required to be filed by
a candidate, treasurer or other person relates to a nomination or election to a
city or town office, or to a question appearing upon the official ballot used at
a city or town election, the statement shall be filed with the clerk of the city
or town involved; if the statement required to be filed by a candidate,
treasurer or other person relates to a nomination or election for the office of
regional district school committee member elected district-wide, the statement
shall be filed with the clerk of the city or town where the candidate is a
registered voter; if the statement required to be filed by a candidate,
treasurer or other person relates to a nomination or election for district
office as provided in section one hundred and thirteen to one hundred and
nineteen, inclusive, of chapter forty-one, the statement shall be filed with the
clerk of the district; all other such statements shall be filed with the
director. All such statements shall be signed under the penalties of
perjury. |
55:25. Preservation of statements and reports by director; public inspection and reproduction.
Section 25. The director shall retain all statements
and reports filed with his office under the provisions of this chapter by
candidates and their committees until December thirty-first of the sixth year
following the relevant election, provided that the ending balance on such
candidates most recent statements, shows no residual funds and no remaining
deficit. In the case of a candidate or authorized campaign committee which
reports an ending balance of other than zero, the director shall retain all
statements and reports and shall require additional annual reports to be filed
henceforth on the twentieth day of January until such time that the candidate or
authorized campaign committee reports an ending balance of zero.
In the case of all other political committees, the
director shall retain all required statements and reports until December
thirty-first of the sixth year following the relevant election.
The director shall make all statements and reports
required to be filed with him by this chapter available for convenient public
inspection and reproduction by a copying machine at a commercially reasonable
fee as soon as such statements and reports are filed with him. |
55:26. Preservation of statements and reports by city or town clerk; public inspection and reproduction.
Section 26. The city or town clerk shall retain all
reports and statements required to be filed with him until the term of the
office the candidate is seeking has ended. In the case of committees other than
those authorized by a candidate, the city or town clerk shall retain all
required statements and reports filed with his office for a period of two
years. Such statements and reports shall be available for convenient public
inspection and copying at the office of the city or town clerk during normal
business hours as soon as such statements and reports are filed with him. |
55:27. Furnishing blanks and forms for statements and reports, and summary of laws.
Section 27. The director shall furnish to city and
town clerks at the expense of the commonwealth, blanks and forms approved by him
and by the attorney general, suitable for the submission of such statements and
reports as are required by this chapter. The city and town clerk shall transmit
said blanks to all candidates for nomination or election to city or town office,
who are known to him, and to all political committees required to file with
him. The director shall transmit said blanks to all candidates for nomination
to state or county office, who are known to him, and to all political committees
required to file with him. Such blanks shall be furnished upon request to any
person or political committee required to file a statement or report.
The director shall provide to all candidates and
political committees required to file with him a summary of this chapter and all
other laws of the commonwealth relating to contributions and expenditures, and
shall furnish to city and town clerks, at the expense of the commonwealth
sufficient copies of said summary so that they may provide said summary to all
candidates and political committees required to file with them. |
55:28. Inspection of statements and reports; delinquencies; notice; filing.
Section 28. The clerk of cities and towns shall
inspect all statements and reports of candidates, or nonelected political
committees supporting such candidates, filed with them, within thirty days of
the reporting dates required by this chapter, and all other statements and
reports within sixty days of the reporting dates required by this chapter. If
upon examination of the records it appears that any candidate or political
committee has failed to file a statement or report as required by law, or if it
appears to the clerk that any such statement or report filed with him does not
conform to law, or upon written complaint by five registered voters that a
statement or report does not conform to law, or that any candidate or political
committee has failed to file a statement or report required by law, the city or
town clerk, as the case may be, shall, in writing, notify the delinquent
person. Such complaint shall state in detail the grounds of objection, shall be
sworn to by one of the subscribers, and shall be filed with the proper city or
town clerk within ten days after the required date for filing a statement or
report within ten days after the actual filing of a statement or report, or an
amended statement or report. |
55:29. Failure to file or unlawful statement or report; notice to and duties of director and attorney
general.
Section 29. Upon failure to file a statement, report
or affidavit within ten days after receiving notice under section twenty-eight,
the city or town clerk, as the case may be, shall notify the director thereof
and shall furnish him with copies of all papers related thereto and the
director, if satisfied there is cause, shall assess a penalty pursuant to the
provisions of section three. If any statement filed with the city or town
clerk, as the case may be, discloses any violation of any provisions of this
chapter, such city or town clerk shall notify the attorney general thereof and
shall furnish him with copies of all papers relating thereto. The attorney
general shall examine every such case referred to him by such clerk. If
satisfied that there is cause, he shall, in the name of the commonwealth,
institute appropriate criminal or civil proceedings or refer the case to the
proper district attorney for such actions as may be appropriate. Any city or
town clerk shall at any time upon the request of the attorney general or the
director forward any evidence or information received by such clerk to the
attorney general or director for whatever action the attorney general or
director deems appropriate pursuant to law. |
55:30. Courts authorized to compel filing of statements.
Section 30. The supreme judicial or superior court
may compel any person failing to file a statement as above required, or filing a
statement not conforming to the foregoing requirements in respect to its truth,
sufficiently in detail, or otherwise, to file a sufficient statement, upon the
application of the attorney general or district attorney or petition of any
candidate voted for, or of any five persons qualified to vote at the election on
account of which the expenditures, or any part thereof, were made or are alleged
to have been made. Such petition shall be filed within sixty days after such
election, if the statement was filed within the thirty days required, but a
petition may be filed within thirty days of any payment not included in the
statement so filed. Proceedings under this section shall be advanced for speedy
trial upon the request of either party. No petition brought under this chapter
shall be discontinued without the consent of the attorney general. |
55:31. Immunity of witnesses.
Section 31. No person compelled to testify in any
proceedings under section thirty shall be liable to criminal prosecution for any
matters or causes in respect of which he shall be examined or to which his
testimony shall relate, except to prosecution for perjury committed in such
testimony. |
55:32. Corrupt practices by candidate defined.
Section 32. A candidate shall be deemed to have
committed a corrupt practice who commits any of the following offenses:
Making or permitting any person or non-elected
political committee authorized by him to make a false return in any statement
filed under sections eighteen, nineteen and twenty-four by him or on his
behalf.
Making a false return in any statement filed under
sections eighteen and twenty-four by a candidate for nomination or
election.
Any candidate fraudulently and willfully obstructing
and delaying a voter, interfering with, hindering or preventing an election
officer from performing his duties, forging an endorsement upon, altering,
destroying or defacing a ballot, tampering with or injuring or attempting to
injure any voting machine or ballot box to be used or being used in a primary or
election, or preventing or attempting to prevent the correct operation of such
machine or box. |
55:33. Election petitions for corrupt practices; procedure.
Section 33. (a) If the attorney general or five or
more voters have reasonable cause to believe that a corrupt practice, as defined
in section thirty-two, has been committed by any successful candidate, other
than a candidate for the United States Congress, or for the general court, for
whom such voters had the right to vote, with reference to his election, or by
any other person in his interest or behalf with reference thereto, the attorney
general or such voters may apply to a justice of the superior court, sitting in
equity within and for Suffolk county, for leave to bring an election petition
against such candidate praying that the election of such candidate be declared
void. Such application shall be subscribed and sworn to by the petitioners and
it shall be heard ex parte by the justice of the superior court upon such
evidence as he may require; and if the petitioners shall establish to his
satisfaction that there is reasonable cause to believe that a corrupt practice
has been committed with reference to the election of the candidate in question,
which materially affected the results of the election, and that upon the
evidence obtainable there is reasonable cause to believe that such violations
may be proved, he shall make an order granting leave to the petitioners to bring
an election petition against such candidate.
(b) After the entry of such order, and within two
months after the election to which it relates, the election petition may be
filed in the superior court within and for Suffolk county.
Notice of the petition shall be by writ of subpoena
according to the usual course of proceedings in equity and shall be returnable
fourteen days after the date on which the petition is filed.
A subpoena issued upon an election petition shall be
served not less than seven days before the return day.
A defense to an election petition shall be by
answer, filed within seven days after the return day, and no replication need be
filed.
Election petitions shall be entered on the equity
docket.
(c) Election petitions and all motions and other
applications, whether interlocutory or final, and all hearings on the merits or
upon the making, entering or modifying of decrees therein shall be heard and
determined by three justices of the superior court who shall, immediately
following the filing of an election petition, be assigned by the administrative
justice of said court for the hearing and determination of all matters arising
under election petitions prior to the next state election. No reference to a
master shall be had upon any matter arising under an election petition, except
in matters of fact relating to financial statements and the examination of
accounts and vouchers. All proceedings under election petitions shall have
precedence over any case of a different nature pending in any court, and the
justices of the superior court may from time to time make such rules regulating
the practice and proceedings in matters of such election petitions, not
inconsistent with this chapter, as they deem expedient. In the absence of any
such rules, the practice and procedure in election petitions shall be governed
by such laws or rules of court, not inconsistent with this chapter, as may from
time to time be in force relating to the practice and proceedings in matters of
equity.
(d) Upon an election petition the decision of the
three justices of the superior court assigned as aforesaid, or of a majority of
them, shall be final and conclusive upon all matters in controversy, whether
interlocutory or final, and whether in matters of fact or matters of law. But
the said justices, or a majority of them, may, after a finding of facts, either
of their own motion or at the request of either party, report the case to the
supreme judicial court for determination by the full court; and thereupon like
proceedings shall be had as upon a report after a finding of facts by a justice
of the superior court in equity proceedings.
(e) If upon an election petition one or more
violation of section thirty-two are proved, it shall be a defense to petition if
the defendant establishes to the satisfaction of a majority of the justices
hearing the same, with reference to all said violations, the following:
As to every such violation, either that
(1) Such violation was not committed by the
candidate, but was committee contrary to the orders and without the sanction or
connivance of the candidate; (2) The
participation, if any, of the candidate in such violation, arose from
inadvertence or from accidental miscalculation, or from some other reasonable
cause of a like nature, and in any case did not arise from any want of good
faith; (3) The candidate took all reasonable
means for preventing the commission of violations of this chapter with reference
to the election in question; (4) The
violation in question was of a trivial, unimportant and limited
character; (5) The violation in question did
not materially affect the results of the election.
(f) The court may by an order make the final
disposition of an election petition conditional upon the filing of a statement
required by this chapter in a modified form, or within an extended time, and
upon compliance with such other terms as the court may deem best calculated to
carry into effect the objects hereof, and in such case the court shall require,
within a time certain, further proof as to the compliance with the conditions of
such order, whereupon a final decree shall be entered.
(g) If upon the hearing of an election petition a
majority of the justices hearing the same shall find that in relation to the
election of the candidate in question a corrupt practice, as defined in section
thirty-two, was committed by the defendant, a decree shall be entered subject to
the limitations and conditions herein before prescribed, declaring void the
election of the defendant to the office in question, and ousting and excluding
him from such office and declaring the office vacant.
(h) No person called to testify upon an election
petition shall be excused from testifying or producing any papers on the ground
that his testimony may tend to criminate him or subject him to a penalty; but he
shall not be prosecuted or subjected to any penalty or forfeiture except
forfeiture of election to office, for or on account of any action, matter or
thing concerning which he may so testify, except for perjury committed in such
testimony.
(i) No decree entered upon an election petition
shall be a bar to or affect in any way any criminal prosecution of any candidate
or other person, or any inquest in accordance with sections thirty-five to
forty-one, inclusive.
(j) A certified copy of any final decree entered
upon an election petition, as provided by this chapter, shall forthwith be
transmitted by the clerk to the director; and any vacancy in any office created
by any such decree shall be filled in the manner provided by law in case of the
death of the incumbent, but in no case shall the candidate so excluded from the
office be eligible therefor.
(k) If upon the hearing of an election petition it
shall appear to a majority of the justices hearing the same that with reference
to the election in question there is a reasonable presumption that any violation
of this chapter was committed, they shall cause notice of the facts to be given
by the clerk of said court to the district attorney for the county where the
violation appears to have been committed, with a list of the witnesses to
establish the violation, and any other information which they may consider
proper; and thereupon the district attorney shall cause complaint therefor to be
made before a court or magistrate having jurisdiction thereof, or shall present
the evidence thereof to the grand jury. If it shall appear that a successful
candidate for district attorney has been guilty of any such violation, a
majority of said justices shall order the notice of the facts to be given to the
attorney general, who shall designate a district attorney to make such complaint
or presentment. A majority of said justices may issue process for the
apprehension of any person so appearing to have committed a violation of this
chapter, and may bind over, as in criminal prosecutions, such witnesses as they
deem necessary to appear and testify at the court having jurisdiction of the
crime. |
55:34. Application of preceding sections.
Section 34. Section one to thirty-three, inclusive, shall apply to all public elections and to elections by the general court and by
city councils and by either branch thereof, and, so far as applicable, to the
nomination by primaries, caucuses, conventions and nomination papers of
candidates to be voted for at such elections. The term "political committee" as
defined in section one shall not apply to the proprietors and publishers of
publications issued at regular intervals, in respect to the ordinary conduct of
their business, nor shall they, in respect thereto, be subject to sections two
to six, inclusive, of this chapter. |
55:35. Inquests upon complaint for violations.
Section 35. Upon a complaint subscribed and sworn to by any person before a district court, alleging that reasonable grounds exist
for believing that any law relating to the qualification or registration of
voters, or to voting lists or ballots, or to primaries, caucuses, conventions
and elections, or to any matters pertaining thereto, has been violated, such
court may at once hold an inquest to inquire into such alleged violation of
law. |
55:36. Conduct of inquests.
Section 36. The court may exclude all persons whose presence is not necessary at such inquest; and may also direct the witnesses to
be kept so separated that they cannot converse with each other until they have
been examined. The attorney general, the district attorney, or some person
designated by either, shall attend the inquest and examine the witnesses. |
| 55:37. Witnesses; attendance; process; fees.
Section 37. Such court or attorney may issue subpoenas for witnesses, who shall be allowed the same fees, whose attendance
may be enforced in the same manner, and who shall be subject to the same
penalties, as if served with a subpoena in behalf of the commonwealth in a
criminal prosecution before such court. |
55:38. Stenographer.
Section 38. Such court may employ a stenographer and
may have the proceedings reduced to writing; and, if he finds that the law has
been violated, shall report to the superior court all the material facts and the
names of any persons guilty of any such violation. |
55:39. Witnesses; binding over to superior court.
Section 39. The court may bind over, as in criminal prosecutions, such witnesses as are necessary, or as said attorney may
designate, to appear and testify in the superior court. |
55:40. Apprehension of offenders.
Section 40. If a person charged by the report with the
commission of an offense is not in custody, the court shall forthwith issue a
process for his apprehension; but such process may issue before the filing of
said report, if otherwise lawful. |
55:41. Witnesses; compulsory testimony; immunity.
Section 41. No person shall be excused from
testifying or producing any papers in any inquest proceedings under sections
thirty-five to forty, inclusive, on the ground that his testimony may tend to
criminate him or subject him to a penalty or forfeiture, but he shall not be
prosecuted or be subjected to a penalty or forfeiture for or on account of any
action, matter or thing concerning which he may be required so to testify,
except for perjury committed in such testimony. |
55:42. Forwarding certified copy of record of final judgment or conviction to city or town clerk; disqualification of defendant as voter.
Section 42. The director in proceedings based upon an election petition, as provided in section thirty-three, and the clerk of the
court wherein a person is convicted of a violation of any provision of law
relating to corrupt practices in elections, shall, within ten days after final
judgment on such election petition or conviction, forward to the clerk of the
city or town where the defendant resides a certified copy of the record of the
final judgment or conviction, and the name of such person shall forthwith be
stricken from the roll of registered voters of the city or town for a period of
three years. |
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