Code of Massachusetts Regulations
970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE
Title 970 CMR 2.00 - Political Expenditures
Section 2.02 - Definitions

Universal Citation: 970 MA Code of Regs 970.2
Current through Register 1518, March 29, 2024

Terms used in 970 CMR shall have the meanings provided in M.G.L. c. 55. In addition:

Ballot Question Committee means 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 Committee means the political committee organized on behalf of a candidate in accordance with M.G.L. c. 55, § 5, and shall also apply to the campaign fund or account of a candidate who has not organized a candidate committee or who receives contributions or makes expenditures independently of such a committee where the fund or account is used or intended to be used to support the candidate's campaign or enhance the candidate's political future.

CPF ID Number means the unique number assigned to a candidate or political committee by the Director pursuant to 970 CMR 2.07(8) and the unique identification number assigned to depository banks pursuant to M.G.L. c. 55, § 19.

Constitutional Candidate Committee means the political committee organized on behalf of a candidate for governor, lieutenant governor, secretary of state, attorney general, treasurer and receiver general or auditor in accordance with M.G.L. c. 55, § 5.

Depository Bank or Depository, as used in M.G.L. c. 55, § 19 means a bank or other financial institution as defined in Section 19(a) that conducts business in Massachusetts, whether physically (by having a main or branch office, or ATMs in Massachusetts) or online, and is subject to service of civil process in Massachusetts.

Duly Organized means a political committee which has filed a Statement of Organization with the Office of Campaign and Political Finance or, if active solely for the purpose of a city or town election, with the city, town or district clerk or election commission.

Independent Expenditure PAC means a political action committee that, pursuant to 970 CMR 2.17, receives contributions to make independent expenditures, and does not make contributions to candidates or political committees, other than to other independent expenditure PACs and ballot question committees, in accordance with 970 CMR 1.22(8). Independent expenditure PACs may receive contributions from individuals without limit, and from corporations and other entities that are otherwise prohibited from contributing to PACs pursuant to M.G.L.c. 55, § 8. Any entity that raises or solicits funds for the purpose of making a contribution to an independent expenditure PAC is an independent expenditure PAC subject to all requirements applicable to independent expenditure PACs.

Joint Fundraiser means an event sponsored by two or more candidates or political committees, pursuant to 970 CMR 2.12, which is intended to raise funds, through the device of tickets, advertisements, or otherwise, to further the political future of the sponsoring candidates or political committees.

Local Election Official means any city, town or district clerk or board of election commissioners.

Membership Organization means any organization which identifies the individuals within the organization as members, which:

(a) expressly states the qualifications and requirements for membership in its articles, bylaws, constitution or other formal organizational documents;

(b) makes its articles, bylaws, constitution or other formal organizational documents available to its members upon request;

(c) expressly solicits persons to become members, and acknowledges the organization's acceptance of membership; and

(d) is not organized primarily for the purpose of influencing the nomination for election, or election, of any individual to state or local office.

Such organizations include, but are not limited to, clubs, unions and associations. Political committees and corporations or other entities subject to M.G.L. c. 55, § 8 are not "membership organizations". A person may be considered a "member" if the organization requires some affirmative action by the person, such as payment of dues, in order to become a member.

For purposes of 970 CMR 2.02: Membership Organization, the term "members" includes all persons who are currently satisfying the requirements for membership in a membership organization, affirmatively accept the membership organization's invitation to become a member, and either:

1. pay membership dues at least annually;

2. have a significant organizational attachment to the membership organization which includes affirmation of membership on at least an annual basis and direct participatory rights in the governance of the organization; or

3. have some significant financial attachment to the membership organization.

Nonresident Fundraiser means an event sponsored by a candidate for public elected office in Massachusetts, within the scope of M.G.L. c. 55, § 18B, which is intended to raise funds for any person seeking nomination or election to state or federal office, including President or Vice President, in:

(a) any state other than the commonwealth;

(b) the federal government; the District of Columbia, or any territory or possession of the United States.

People's Committee means any political committee which is not a candidate's committee, political party committee, or ballot question committee, which:

(a) only receives contributions from individuals;

(b) limits contributions received from any individual to the aggregate of $100 (indexed biennially in accordance with M.G.L. c. 55, § 1) during a calendar year;

(c) has been in existence for at least six months;

(d) contributes to five or more candidates; and

(e) files a Declaration of Status Form (CPF Form 101 DS-1) with OCPF.

Political Action Committee means any political committee which is not a candidate's committee, political party committee, ballot question committee, independent expenditure PAC, or people's committee.

Political Party Committee means a political committee organized in accordance with M.G.L. c. 52 on behalf of a political party, as defined in M.G.L. c. 55, § 1, whether elected or non-elected.

Primarily for the Candidate's or Any Other Person's Personal Use means an expenditure by the committee the purpose of which is primarily to benefit personally the candidate or any other person.

Reasonable and Necessary Expenses means those expenses which are not extreme or excessive and which are integral and central to the political campaign for that public office.

Residual Funds means any and all assets of the political committee which the committee has legal and rightful title to at the time of its dissolution, and any and all assets of a candidate's account at the time of its dissolution.

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