| M-08-01 |
Use of Federal and State Bank Accounts |
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This memorandum summarizes OCPF's review of how the Bipartisan Campaign Reform Act (BCRA) impacts
the operation of those state party committees in Massachusetts that maintain both state and federal bank
accounts. |
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| M-07-02 |
Dissolution of Political Committees and Disposition of Residual Funds |
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This memorandum addresses the issues relating to the procedures for the dissolution of political
committees and the disposition of any assets or funds remaining in a committee's account at the time
of dissolution. |
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| M-07-01 |
Use of bulk mail permits by candidates and political committees |
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This memorandum summarizes issues relating to the use of bulk mail permits by candidates and political
committees. |
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| M-04-01 |
Contributions to Political Committees by Credit Card |
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This memorandum is intended to explain the regulation 970 CMR 1.09 that governs the receipt of credit card
contributions. |
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| M-03-01 |
Golf Fundraising Events |
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This memorandum summarizes issues raised when a municipal golf course is used for a candidate or political
committee's fundraising event. |
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| M-99-01 |
Use of Local Access Cable Television for Political Purposes |
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This memo refers interested persons to the Cable Television Division of the Mass. Department of
Telecommunications and Energy, the agency which has jurisdiction to answer most questions relating to the
political use of cable television. The memo states, however, that the Anderson opinion would prohibit
the political use of cable television resources, which are owned by a public entity or located in a building
occupied for state, county or municipal purposes, unless equal access is provided to proponents, and
opponents of a candidate, party or ballot question. |
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| M-98-02 |
Surplus Funds: Application of the Pay-Back Formula |
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The limited public financing law provides for a formula which requires committees to pay back a portion of
the public financing funds received if the committee has excess funds as of the date of the primary or
general election, whichever is applicable. This memorandum outlines the various factors which affect
the pay-back formula. |
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| M-98-03 |
Use of Candidate's Personal Funds for Campaign |
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This memorandum reviews many of the questions that candidates ask about making contributions and
expenditures to their campaigns from their own personal funds. Candidates may contribute their own
personal funds to their campaign or use them for campaign purposes in any amount, unless they are
participants in the Clean Elections program. Certain candidates are limited, however, in how much
they may loan to their campaign. Of course, like any contribution, candidate contributions must be
kept in a separate campaign account and may not be commingled with personal or business accounts.
Such contributions must also be disclosed in accordance with the campaign finance law, M.G.L. c. 55. |
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| M-98-04 |
Question and Answer Guide for Corporations, Associations and other Groups Making
Expenditures to Influence Ballot Questions |
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This memorandum answers 19 questions often asked by corporations, associations and other groups regarding
the scope of disclosure required by chapter 55 of such groups when involved in the ballot question process. |
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| M-98-05 |
Restrictions on Contributions by State and Municipal Securities Dealers |
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This memo summarizes obligations of securities dealers (MSRB Rule G-37) and also those restrictions of
the campaign finance law that dealers should be aware of. |
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| M-98-06 |
Reporting of Year End Contributions |
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This memo explains how candidates and committees should report contributions received near the end or
beginning of a new year. |
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| M-97-01 |
Preliminary Information for Candidates Interested in Receiving Public Financing in
2010 |
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M.G.L. chapter 55C, created by chapter 26 of the Acts of 2003, makes public financing available to
qualifying candidates for governor and, if sufficient funds are available, to other qualifying candidates
seeking statewide office in 2010. All contributions received from individuals and deposited in a
statewide candidate's depository account on or after January 1, 2009 may be eligible as qualifying
contributions for public financing. Contributions must also comply with chapter 55C and OCPF
regulations at 970 CMR 4.00. This memorandum outlines several important steps candidates must take
to ensure that qualified contributions are eligible for matching public funds. |
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| M-97-02 |
Expenditures for Use of Personal Automobiles |
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This memorandum provides guidelines for political committees which make expenditures for the use of a
candidate's or other person's personal automobile. Candidates and political committees
which follow these guidelines will ensure that such travel expenses comply with the campaign finance
law's record keeping requirements and restrictions on personal use. |
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| M-97-03 |
Political Committee Automobile Leases |
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This memorandum provides guidelines for political committees which lease an automobile. Candidates,
including legislators, and political committees which follow these guidelines will ensure that expenses
associated with leased automobiles comply with the campaign finance law's record keeping requirements
and restrictions on personal use. |
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| M-97-04 |
Reimbursements for goods and services purchased by individual from third parties |
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This memorandum provides guidance for political committees that reimburse individuals for goods or services
obtained by such individuals on behalf of the candidate or committee from third parties. The treatment of a
reimbursement is important. If a reimbursement is not made promptly, a "contribution" will have been
received by the recipient candidate or committee. |
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| M-97-05 |
Indexing of Certain Contribution Amounts |
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M.G.L. c. 55 requires the director of the Office of Campaign and Political Finance to adjust the limit on
the amount an individual may contribute to a people's committee during a calendar year and the amount
of any individual contribution that may be collected, i.e. bundled, by a regulated intermediary. See
M.G.L. c. 55, ss. 1 and10A. Both limits are indexed figures biennially by December 31 of each
odd-numbered year. The limits were increased to $147 in December 2007. |
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| M-96-01 |
Settlement of Debts |
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This memorandum provides guidelines for candidates and political committees which settle debts owed to
corporate or other creditors for less than the amount owed. Regulations issued by this office
specify that a candidate or committee may enter into an agreement with a creditor to settle such debts if
a Statement of Settlement is filed with this office documenting compliance with the regulation. See
970 CMR 1.03 and Form CPF S1: Settlement of Debts. |
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| M-96-03 |
Anonymous Contributions |
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This memorandum provides guidelines for candidates and political committees which receive anonymous
contributions. Regulations issued by this office specify that such contributions "may not be
accepted and shall, if unable to be returned to the contributor, be donated within 30 days of receipt, to
an entity or entities specified in the residual funds clause or in a manner consistent with 970 CMR 2.05(2)
(w) or 970 CMR 2.06(3)(a)2. Candidates and political committees must keep records reflecting such
contributions." See also 970 CMR 1.04(5). |
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| M-96-04 |
Section 3 Penalty Requests for Waiver and Appeal Procedure |
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Requests for a waiver of a penalty assessed in accordance with M.G.L. c. 55, s. 3 are governed by
regulations set forth at 970 CMR 2.14. These regulations provide that a candidate, treasurer or
other person who has been assessed a penalty may submit a written request for a waiver of part or all of
the assessed penalty. |
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| M-95-01 |
Chapter 292 of the Acts of 1994 (To City and Town Clerks and Election
Commissioners) |
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This legislation makes technical clarifications to the changes in the campaign finance law which took
effect on January 1, 1995:
I. Year-End Reports: The first changes the due date for the year-end filing of campaign finance reports
from January 10 to January 20, effective immediately.
II. Money Orders: The second provision involves a requirement that all contributions in excess of $50 to
candidates or political committees be made by personal check. No longer will money orders, bank
checks, cashier checks or any other negotiable instrument other than a check be allowed for
contributions in excess of $50. |
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| M-95-02 |
Chapter 292 of the Acts of 1994 |
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| M-95-05 |
New Contribution Limits, Bundling Restrictions "Helpful Hints" |
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This office has compiled a list of "helpful hints" which are designed to alleviate some of the confusion
concerning the new limits on contributions to candidates, as well as the new restrictions placed on the
"bundling" of campaign contributions. These changes to the campaign finance law, made through
chapters 43 and 292 of the Acts of 1994, became effective January 1, 1995. The attached two-sided
sheet highlights the amounts state senate and representative candidates may now accept in campaign
contributions from various sources, and also answers some of the most frequently asked questions regarding
bundling. |
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| M-95-06 |
Expenditure of public resources by cities, towns or other local or regional
governmental units: M.G.L. c. 55, s. 22A |
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M.G.L. c. 55, s. 22A requires the treasurer of any city, town or other governmental unit which has made
expenditures or used public resources "to influence or affect the vote on any question submitted to the
voters" to file a report, Form CPF M22A, disclosing such activity. This memorandum outlines the
procedure that city and town clerks or election officials, and treasurers or financial officers of local
or regional governmental units should follow in order to comply with the law. |
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| M-95-07 |
Procedure to Transfer a Candidate's Political Committee from the Municipal to
the State Level |
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This memo outlines the steps that a candidate committee filing with a city or town clerk or election
commission must take with OCPF in connection with a campaign for state or county office. |
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| M-95-08 |
Procedure to Transfer a Candidate's Political Committee from the State Level to
the Municipal Level |
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This memo outlines the steps that a candidate committee filing with OCPF must take with the city or town
clerk or election commission in connection with a campaign for local office. |
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| M-94-02 |
Chapter 328 of the Acts of 1993 |
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This memo summarizes c. 328 of the Acts of 1993, in particular, incorporation by state party committees. |
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| M-94-05 |
Purchases by Statewide Candidates from Political Committees of a Political Party |
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This memo advises that a payment by a statewide candidate committee to a party's political committee
will be considered a "contribution" only if it is given with the intention that it be used to promote the
agenda of the recipient party committee. A transfer of funds is not a "contribution" subject to the
limitations of M.G.L. c. 55, s. 6 if it is a payment for goods or services provided by the party
committee. Therefore, a statewide candidate committee may make expenditures for goods and services
to any political committee of a political party (ward, town, city, or state committees). |
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| M-94-07 |
Municipal Non-filers Chapter 43 of the Acts of 1994 |
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On June 16, 1994 Governor Weld signed into law ch. 43 of the Acts of 1994. This new law contains
significant changes to M.G.L. c. 55, the campaign finance law, and will go into effect on January 1,
1995. Of particular relevance to you, the new law requires the director of OCPF, after referral by
a local election official, to assess a civil penalty against candidates and treasurers of political
committees for any late filed report. This memorandum outlines these changes in the law and sets
forth the procedure that local election officials should follow in order to comply with the new state
law. |
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| M-92-01 |
Chapter 133 of the Acts of 1992, Definition of "Personal Use" |
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| M-92-02 |
Statement of Specific Purpose (Depository Checks) |
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The Office of Campaign and Political Finance ("OCPF") is frequently asked about the level of detail or
specificity required by so-called depository candidates and their political committees regarding the
statement of purpose required on depository checks. This memorandum provides guidance in this
area. |
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| M-90-01 |
Treatment of Reimbursements and Loans |
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The campaign finance law provides that depository candidates and political committees must use specially
formatted checks made payable to the vendor actually supplying goods or services to the depository
candidate or committee for any expenditure in excess of $50. In general, therefore, individuals may
not be reimbursed for purchases in excess of $50. This memorandum discusses when and how
reimbursements can be made to candidate, treasurers and other persons. The memorandum also discusses
loans by depository candidates to their committees and certain basic recordkeeping requirements. |
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| M-90-04 |
Information for Banks Designated as Depositories for Campaign Funds under M.G.L. c.
55 |
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Candidates for statewide office, Governor's Council, county offices and certain municipal offices are
required by section 19 of M.G.L. c.55 to designate a bank or other authorized financial institution as a
depository for campaign funds. Such candidates are often referred to as "depository candidates."
If any such candidate has established a political committee, the candidate and the committee must each
designate a depository bank. This memorandum outlines the responsibilities of depository candidates,
treasurers and financial institutions handling depository accounts. |
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| M-90-05 |
Instructions for Candidates on the Use of Depository Bank Accounts |
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Candidates for statewide office, Governor's Council, county offices and certain municipal offices are
required by section 19 of M.G.L. c.55 to designate a bank or other authorized financial institution as a
depository for campaign funds. This memo describes in general terms establishing a depository bank
account, the use of a depository checking account, as well as the procedure for completing the receipt
report form (Form CPF D106) and issuing checks. Candidates should consult a "Campaign Finance Guide
for Depository Candidates" for further information on the campaign finance laws and the depository
system. |
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| M-89-01 |
Information on Raffles for Candidates and Political Committees - M.G.L. c. 271,
7A |
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The campaign finance law does not prohibit the conduct of raffles by political committees. The
Attorney General, however, has concluded that M.G.L. c. 271, s. 7A does not permit political committees
to conduct raffles. Questions about raffles should, therefore, be directed to the AG's Election
Division at 727-2200. |
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| M-89-02 |
Information on obtaining a Federal ID number and filing tax returns for political
committees |
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Political committees should obtain a separate federal tax identification number in order to open a bank
account. This form may be picked up at any IRS office or ordered by calling the IRS. For
information regarding a political committee's tax liability, if any, contact the Internal Revenue
Service and the Massachusetts Department of Revenue. |
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| M-84-02 |
Disposition of Assets |
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A political committee must dispose of its assets such as furniture, computers, telephones, office equipment
and other tangible assets regardless of the asset's value in a manner that complies with the
requirements of the campaign finance law. This memorandum provides detailed guidance to candidate
committees and PAC committees which wish to dispose of assets during the life of the committee or in
accordance with the residual funds clause. |
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| M-84-01 |
Transfer of Funds between a Candidate's Federal Political Committee and that
Candidate's State's Political Committee |
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The Massachusetts Campaign Finance Law, M.G.L. Chapter 55, and regulations promulgated by the Federal
Election Commission prohibit the transfer of funds between a Massachusetts candidate's federal and
state political committee. A Massachusetts candidate with a federal committee may, however, may make
arrangements to refund contributions from their federal committee to contributors for subsequent
solicitation by their state committee. Candidates should contact both OCPF and the FEC to ensure
that any refund and re-solicitation complies with state and federal law and regulation.
[UNDER REVIEW - Contact OCPF for guidance.] |
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