Code of Massachusetts Regulations
970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE
Title 970 CMR 2.00 - Political Expenditures
Section 2.20 - Independent Expenditure, Electioneering Communication, Ballot Question Disclaimers
Current through Register 1531, September 27, 2024
(1) Scope of 970 CMR 2.20. In accordance with M.G.L. c. 55, § 18G, disclaimers are required on certain independent expenditure, electioneering communication, and ballot question communications and advertisements ("public communications"). 970 CMR 2.20 is issued to provide guidance regarding these requirements.
(2) Public Communications Requiring a Statement of Responsibility Disclaimer in Accordance with the First Paragraph of M.G.L. c. 55, § 18G. Persons and entities, including political committees, that make independent expenditures or electioneering communications, are required to include the Statement of Responsibility disclaimer in:
(3) Public Communications Requiring a Top Contributor Disclaimer in Accordance with the Second Paragraph of M.G.L. c. 55, § 18G. A Top Contributor Disclaimer must be included in a public communication that is an electioneering communication or independent expenditure if the communication is paid for by any individual or entity (including a political committee) that has raised more than $5,000 in the aggregate from any contributor during the 12-month period before the date of the communication. In addition, the disclaimer is required on communications made to influence or affect ballot questions, to disclose contributors providing more than $5,000 during the 12-month period before the date of the communication. Top Contributor Disclaimers are required in:
(4) Identification of Individual or Entity Paying for Communication. In addition to Statement of Responsibility and Top Contributor disclaimers, even if no contributor has given more than $5,000, any independent expenditure, or electioneering communication, or ballot question communication, other than the communications referenced in 970 CMR 2.20(5), must identify the individual or entity that has paid for the communication, if the market value of the communication is greater than $250.
(5) Use of Links to View Disclaimers. Disclaimers relating to internet or electronic communications may be provided not in the text of the communication but instead through the use of a button, link or truncated text, which when either tapped, clicked or hovered over, directs the viewer to a separate page that displays the information required by M.G.L. c. 55, § 18G.
Determination of Market Value. The determination of market value for purposes of determining if a disclaimer is required may be made based on factors including, but not limited to, the size of the communication, the geographic area in which it is distributed, and the frequency of its publication.
(6) Public Communications not Requiring a Disclaimer. The following communications are not subject to the disclosure requirements of M.G.L. c. 55, § 18G:
(7) Determination of Which Contributors to List. The "Top Contributors" to be listed in any communication subject to the second paragraph of M.G.L. c. 55, § 18G must include the following persons:
(8) Manner of Disclosure.
(9) Reference to OCPF Website. All independent expenditure, electioneering communication, or ballot question advertisements or communications transmitted through paid television or internet advertising requiring a top contributor disclaimer, which relate to a candidate who files with OCPF, or a ballot question on the state ballot, must include a written statement directing viewers to the official web address of the Office of Campaign and Political Finance, by stating "for more information regarding contributors, go to www.ocpf.us. " This requirement applies even if no "top contributors" must be listed.
(10) Reference to Local Election Official. All independent expenditure, electioneering communication, or ballot question advertisements or communications transmitted through paid television or internet advertising requiring a top contributor disclaimer, which relate to a candidate who files with a local election official, or a ballot question on the local ballot, must include a written statement directing viewers to the local election official for more information regarding campaign finance disclosures. This requirement applies even if no "top contributors" must be listed.