Code of Massachusetts Regulations
970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE
Title 970 CMR 1.00 - Campaign finance activity
Section 1.06 - Limitations on Contributions by Political Committee
Universal Citation: 970 MA Code of Regs 970.1
Current through Register 1531, September 27, 2024
(1)
(a)
Pursuant to and only for the purposes of the contribution limitations in M.G.L.
c. 55, § 6, contributions shall be considered to be made by a single
political committee if made by more than one political committee established,
financed, maintained, or controlled by any person, including any parent
committee of a subsidiary committee or any person other than a natural
person.
(b) Two or more political
committees may be considered to be a single political committee for the
purposes of the contribution limitations in M.G.L. c. 55, § 6, if such
committees make contributions to one or more of the same candidates or
political committees and if, based on a consideration of the circumstances in
970 CMR 1.06(l)(b) l. through 6., the committees are determined to have been
established, financed, maintained or controlled by the same person (or persons)
or entity (or entities):
1. Such person
possesses one or more of the following with respect to each of the political
committees:
a. Ownership of a controlling
interest in voting rights, shares or securities of one or more of the political
committees in question or of a person having control over such committee or
committees, if any;
b. The
authority, power, or ability to direct or control the activities of one or more
of the political committees in question or of a person having control over such
committee or committees, if any; or
c. The authority, power, or ability to hire,
appoint, discipline, discharge, demote, or remove or otherwise influence the
decision of the officers or members of one or more of the political committees
in question or of a person having control over such committee or committees, if
any.
2. Each of the
political committees having the same, or substantially the same, persons as
principal officers or members;
3.
Each of the political committees reach decisions regarding contributions made
to one or more candidates or political committees in cooperation, consultation
or concert with, or at the request or suggestion of, each other or of a person
having control over such committees, if any;
4. The transfer of funds between the
political committees which represent a substantial portion of the funds of
either the transferor or transferee political committee;
5. Contributions to the political committees
by the same person or persons; or
6. The use of shared administrative resources
including, but not limited to, office space, equipment or personnel, by the
political committees.
(2)
(a)
Pursuant to and only for the purposes of the contribution limitations in M.G.L.
c. 55, § 6, contributions made by the state committee of a political party
and contributions made by any ward or town political committee of the same
political party shall be considered to be made by separate political
committees.
(b) Pursuant to and
only for the purposes of the contribution limitations in M.G.L. c. 55, §
6, contributions made by a political committee established, financed,
maintained, or controlled by one or more ward or town political committee of a
political party including, but not limited to, a city political committee, and
contributions made by such ward or town political committee(s) shall be
presumed to be made by one political committee.
(c) Pursuant to and only for the purposes of
the contribution limitations in M.G.L. c. 55, § 6, contributions shall be
presumed to be made by one political committee if made by political committees
established, financed, maintained, or controlled by:
1. a single corporation or its subsidiaries
(to the extent such political committees are permitted pursuant to M.G.L. c.
55);
2. an organization of national
or international unions or local central bodies;
3. a single national or international union
or any of its local unions or other subordinate organizations; or
4. a membership organization, including but
not limited to a trade or professional association or any state or local
entities related to such organization or association.
(d) The presumptions contained in 970 CMR
1.06(2)(b) and 970 CMR 1.06(2)(c) may be rebutted if the political committees
in question present credible evidence that they have not made contributions in
cooperation, consultation or concert with, or at the request or suggestion of
each other or of any person who has established, financed, maintained or
controlled such political committees. If the presumptions contained in either
970 CMR 1.06(2)(b) or 970 CMR 1.06(2)(c) are rebutted by credible evidence, the
political committees in question nevertheless remain subject to the provisions
of 970 CMR 1.06(l)(b).
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