Code of Massachusetts Regulations
970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE
Title 970 CMR 2.00 - Political Expenditures
Section 2.06 - Expenditures by Political Committees

Universal Citation: 970 MA Code of Regs 970.2

Current through Register 1531, September 27, 2024

(1) Expenditures by all candidates and political committees shall be governed by 970 CMR 2.06.

(2) Candidates and political committees may pay and expend money or other things of value for the enhancement of the political future of the candidate or principle for which the committee was organized, subject to any other prohibitions and limitations contained in M.G.L. c. 55 and 970 CMR 2.00. Statewide candidates, however, who receive public financing pursuant to M.G.L. c. 55C are subject to the additional restrictions in 970 CMR 2.06(7).

(3) Expenditures which may be made for the enhancement of the political future of the candidate or principle for which that political committee was organized shall include the following expenditures, as well as any expenditures which are similar to the following and not inconsistent with 970 CMR 2.00, M.G.L. c. 55 or any other law:

(a) Postage incurred for mailing campaign literature and for conducting relevant campaign business;

(b) Television and radio advertising;

(c) Newspaper, Internet, billboard and magazine advertising;

(d) Printing;

(e) Computer use;

(f) Polling voters;

(g) Reasonable public relations expenses;

(h) Reasonable expenses in connection with the operation of a campaign office or offices, including:
1. Telephones, the use of which is restricted to campaign purposes except for incidental activity;

2. Furniture purchase or rental, the nature and use of which is consistent with use in a campaign office, provided the furniture is not purchased for use in an office located within the candidate's home;

3. Office rent, provided that a political committee which is paying less than the fair market value of the space it rents is receiving a contribution in-kind. Such a contribution in-kind is subject to all the provisions of M.G.L. c. 55 regarding disclosure, limitations and prohibitions on contributions, including the prohibition on the receipt of corporate contributions;

4. Office equipment, including computers, postage meters, printers and copying machines;

5. Utilities.

(i) Campaign staff and consultants;

(j) Reasonable travel expenses for a candidate or agents of the committee for travel primarily relating to any of the following purposes:
1. party politics;

2. campaigning for votes;

3. fundraising;

4. substantive issues which are directly related to the campaign of the candidate;

5. attending meetings, conferences or seminars for candidates or political campaigns;

6. obtaining services for which the political committee is permitted to make expenditures under 970 CMR 2.00;

7. attending events for the purpose of enhanced provision of legislative or constituent services;

8. attending a state or national political party convention, including payment of delegate fees; or

9. other travel undertaken primarily to enhance a candidate's political future or the principle for which the committee was organized.

Travel expenses of a family member of a candidate for travel are presumed to be for personal use and not allowed. A committee may, however, rebut the presumption by requesting and obtaining advance approval from OCPF.

10. Several factors may be considered by OCPF in determining whether a travel expenditure may be made primarily for the enhancement of the political future of a candidate or, in contrast, may not be made as it would be primarily for personal use. The factors that may be considered include, but are not limited to, the following:
a. The Amount of the Expenditure. For example, expenditures for international travel are subject to greater scrutiny since they are generally larger in amount;

b. The Nature of the Activity. For example, if the event is educational such as a conference regarding legislation, it is more likely to be considered to be made primarily for the enhancement of the political future of the candidate and not primarily for personal use, in contrast to travel to participate in a recreational event, such as a golf tournament.

c. Whether the Expenditure Would Be Made for the Travel of an Incumbent or Active Candidate. If the travel would be for a current office holder or active candidate, the proposed expenditure would more likely be permitted. In contrast, an expenditure made by a former office holder who maintains a political committee for purposes of a possible but undetermined campaign in the future, is more likely to be seen as primarily social or recreational.

(k) Rental of halls and other space for political activities;

(l) Expenses for fundraising, for obtaining votes and for other similar activities, which may include beverages, food, entertainment, decorations, bartenders, security officers and service and maintenance persons;

(m) Bumper stickers, signs, placards, brochures, leaflets and other such campaign items;

(n) Delivery services and express mail;

(o) Paper supplies;

(p) Newspaper and magazines, literature, clipping services;

(q) Inaugural expenses, which may include room rental, printing, decorations, entertainment, food and beverages;

(r) The repayment of loans, if such loans:
1. were received by the political committee in accordance with the requirements of 970 CMR 1.00: Campaign Finance Activity and M.G.L. c. 55;

2. were used to defray expenditures permitted by 970 CMR 2.00; and

3. did not exceed the maximum amounts set forth in 970 CMR 1.05(2).

(s) Taxes;

(t) Charitable contributions, if all of the following requirements are met:
1. The contribution is made to an entity which is subject to either M.G.L. c. 12, § 8(e), M.G.L. c. 67 or M.G.L. c. 180;

2. Neither the candidate, treasurer, or any official of the political committee is a trustee, officer, principal or beneficiary or involved in any manner in the operations of said entity;

3. Neither the candidate, treasurer, nor any official of the political committee is related by consanguinity or affinity to any trustee, officer, principal or beneficiary of said entity;

4. The candidate or political committee will receive publicity and foster political goodwill as a result of making the contribution.

(u) Gifts and Flowers, of reasonable value, if the purpose of the expenditure falls within one of the following categories:
1. Gifts to campaign workers, if:
a. The gift accurately reflects the contribution made by those workers to the efforts of the political campaign of the committee;

b. the gift is made in a timely fashion as to clearly indicate its purpose is to express gratitude for work done on behalf of the campaign; and

c. no gifts may be made to campaign workers for any other purpose or for any other occasion.

2. The political committee or candidate will receive publicity and foster political goodwill as a result of making the gift or contribution, if:
a. The candidate, treasurer, or other officers of the committee, and in the case of a local party committee, the members of the committee, have no personal relationship with the individual or his or her family;

b. the gift is appropriate to the occasion which has prompted the gift; and

c. the gift would not be made but for the interest in it enhancing the political future of the candidate or principle for which the committee was organized.

3. No gifts may be made under 970 CMR 2.06(2)(u)1. or 2., unless all the provisions of each subdivision are satisfied.

(v) Memberships for the candidate in organizations and associations, provided that the candidate would not be participating in the particular organization or association, but for the candidate's interest in it enhancing the candidate's political stature.

(w) Gifts to Scholarships Funds are permitted, if:
1. the candidate and officers of the committee, and their family members, are not involved in selecting recipients or otherwise administering the scholarship fund; and

2. the gift would not be made but for the interest in it enhancing the political future of the candidate or the principle for which the committee was organized.

(x) Scholarships may be awarded to an individual, if:
1. the candidate, treasurer, or other officers of the committee, and in the case of a local party committee, the members of the committee, have no personal relationship with the individual or his or her family;

2. the scholarship would not be awarded but for the interest in it enhancing the political future of the candidate or the principle for which the committee was organized; and

3. except in the instance of a political party committee, which may select recipients of a scholarship award, the recipient of the scholarship award may not be selected by a candidate or political committee, but instead must be selected by a separate entity, not comprised of the candidate, or officers of the committee, or their family members.

(4) Any candidate or political committee subject to 970 CMR 2.06 may request an advisory opinion, pursuant to 970 CMR 2.04, to determine the permissibility of any other expenditure under 970 CMR 2.06.

(5) The contributions by a candidate committee to another candidate committee shall not exceed $100 per calendar year;

(6) Prohibitions.

(a) Personal Use. Notwithstanding any of provisions in 970 CMR 2.06(1) through (5), no political committee may make an expenditure that is primarily for the candidate's or any other person's personal use. Expenditures prohibited under 970 CMR 2.06(6) shall include, but are not limited to the following:
1. The payment of fines, penalties, restitution or damages incurred for a violation of M.G.L. c. 268A or 268B. This prohibition shall apply to payments made pursuant to an agreement to resolve allegations of violations of M.G.L. c. 268A or c. 268B, but shall not apply to payments for legal services in relation to defending against allegations of violations of such chapters of the General Laws;

2. Any expenditure which acknowledges any guilt as to the violation of any law.

3. Any expenses relative to alleged violations of law, civil suits or administrative proceedings, other than those expenses relative to legal action undertaken primarily to protect or further the interests of the political committee. However, under no circumstances may funds of a political committee be used for any such expenses incurred after conviction of the incumbent office holder, candidate or treasurer has occurred;

4. Normal clothing attire which is usual to the ordinary course of everyday living. 970 CMR 2.06(6)(a)4. shall not apply to:
a. clothing items such as tuxedos or gowns rented or purchased by a candidate for the candidate's use exclusively at political or governmental functions; and

b. novelty clothing items and costumes which are worn primarily to advertise one's candidacy;

5. Payment of salary to candidate.

(b) No political committee subject to 970 CMR 2.06 may pay or expend money or any thing of value, unless such transaction will enhance the political future of the candidate or principle on whose behalf the committee was organized and such transaction is not primarily for personal use.

(7) Candidate committees that receive public financing pursuant to M.G.L. c. 55C may not, during the calendar year the public financing is received, make any contributions to another political committee, except that the candidate's committee may pay a political party committee for goods or services provided by the party committee to the candidate committee.

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