Code of Massachusetts Regulations
205 CMR - MASSACHUSETTS GAMING COMMISSION
Title 205 CMR 108.00 - Community And Political Contributions
Section 108.01 - Prohibited Political Contributions
Universal Citation: 205 MA Code of Regs 205.108
Current through Register 1531, September 27, 2024
(1) As specified in M.G.L. c. 23K, § 46, no applicant for a gaming license, nor any holding, intermediary or subsidiary company thereof, nor any prohibited person, nor any person or agent on behalf of any such applicant, company or prohibited person, shall directly or indirectly, pay or contribute any money or thing of value to:
(a) an individual who
holds a municipal, county or state office;
(b) any candidate for nomination or election
to any public office in the Commonwealth of Massachusetts, including a
municipal office; or
(c) any group,
committee or association organized in support of any such candidate; provided,
however, that the provisions of 205 CMR 108.01 shall not prohibit an individual
who is a candidate for public office from contributing to the candidate's own
campaign.
(2) In determining whether a contribution or payment was made by a prohibited person or any entity described in 205 CMR 108.01(1), the commission shall consider all relevant facts and circumstances, including, but not limited to, the following:
(a) Whether the person making the
contribution or payment is a spouse or dependent person with regard to the
prohibited person;
(b) The nature
and importance of any economic, business, personal, familial or other
relationship between the person making the contribution or payment and the
entity or prohibited person that currently exists, that existed at the time the
contribution or payment was solicited and made, or that is reasonably
anticipated to exist in the foreseeable future;
(c) The timing and nature of any
communications that may have occurred between the person making the
contribution or payment and the entity or prohibited person regarding the
prohibited person's desire to raise funds for the candidate or political
organization that received the contribution or payment;
(d) The ability or inability of the entity or
prohibited person to control or affect the actions of the person making the
contribution or payment, and any evidence that any such ability played a role
in the decision to make the contribution or payment;
(e) Any prior contributions or payments to or
expressions of support for the candidate or political organization that was the
recipient of the contribution or payment by the person making the contribution
or payment, and the timing of any such prior contributions or payments or
expressions in relation to the establishment of the relationship between the
prohibited person and the person making the contribution or payment;
(f) Whether the person making the
contribution or payment is a resident of Massachusetts or has significant
property or business interests in Massachusetts;
(g) The timing and nature of any
communications that may have occurred between the person making the
contribution or payment and the recipient of the contribution or payment
regarding the entity or prohibited person's solicitations on behalf of or
expressions of support for the candidate or political organization;
(h) Whether there is a pattern or regular
course of conduct involving contributions or payments to one or more candidates
or political organizations by the person making the contribution or
payment;
(i) Whether there is a
pattern or regular course of conduct involving contributions or payments to one
or more candidates or political organizations on the part of a spouse,
employees, contractors or other dependent persons of a prohibited person or any
affiliated person or entity thereof; and
(j) Whether the entity or prohibited person
has, directly or indirectly, reimbursed or offered to reimburse the person
making the contribution or payment for all or any portion of the
contribution.
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