Current through Register 1518, March 29, 2024
(1)
General.
Candidates and political committees may pay and expend money or other thing of
value including funds received pursuant to M.G.L. c. 55C, receive in-kind
contributions and incur liabilities, for reasonable and necessary expenses
directly related to the campaign of such candidates provided such expenditures,
in-kind contributions and liabilities comply with M.G.L. c. 55, § 6,
970 CMR
2.06: Expenditures by Candidates and
Political Committees and
970 CMR
4.00.
(a)
Primary Election Campaign. All expenditures made,
in-kind contributions received and liabilities incurred, other than liabilities
incurred as a result of loans made by a candidate to that candidate's committee
in accordance with M.G.L. c. 55, § 7, during the primary election campaign
whether or not such expenditures, contributions or liabilities comply with
M.G.L. c. 55, c. 55C, 970 CMR or any other law or regulation shall count toward
the campaign expenditure limit, if any, of the primary election campaign except
as provided in 970 CMR 4.11(2). In addition, all expenditures made, in-kind
contributions received or liabilities incurred, other than liabilities incurred
as a result of loans made by a candidate to that candidate's committee in
accordance with M.G.L. c. 55, § 7, prior to the primary election campaign
for goods or services used during the primary election campaign, shall count
toward such expenditure limit.
(b)
General Election Campaign. All expenditures made,
in-kind contributions received and liabilities incurred, other than liabilities
incurred as a result of loans made by a candidate, including a candidate for
governor or a candidate for lieutenant governor of a candidate team to that
candidate's committee in accordance with M.G.L. c. 55, § 7, during the
general election campaign whether or not such expenditures, contributions or
liabilities comply with M.G.L. c. 55 and 970 CMR shall count toward the
campaign expenditure limit, if any, of the general election campaign of such
candidate or candidate team except as provided in 970 CMR 4.11(2). In addition,
all expenditures made, in-kind contributions received or liabilities incurred,
other than liabilities incurred as a result of loans made by a candidate,
including a candidate for governor or a candidate for lieutenant governor of a
candidate team, to that candidate's committee in accordance with M.G.L. c. 55,
§ 7, prior to the general election campaign for goods or services used
during the general election campaign, shall count toward such expenditure
limit.
(2)
Exempt Expenditures. A candidate may elect to exempt
from the primary or general election campaign expenditure limit, if any,
expenditures made, in-kind contributions received or liabilities incurred prior
to or during the relevant election period for goods and services which comply
with 970 CMR 4.11(2)(a) through (f). To qualify as an exempt expenditure, a
candidate must demonstrate that an expenditure meets the requirements of 970
CMR 4.11(2). Exempt expenditures include:
(a)
Candidate's Bond. The cost of obtaining the bond
required by M.G.L. c. 55C, § 9.
(b)
Capital Goods.
Expenditures made, in-kind contributions received and liabilities incurred for
capital goods that have a useful life of more than one year, would be
depreciable in a usual business environment, and have a cost or value of $1,000
or more at the time of acquisition.
(c)
Legal Services.
Expenditures made, in-kind contributions received or liabilities incurred for
legal services and other related services solely in connection with one's
interest in being a candidate such as proceedings before the director, hearings
before the state ballot law commission and petitions for recounts. Such exempt
expenditures, in-kind contributions and liabilities under 970 CMR 4.11(2)(c)
shall not include:
1.prorated expenses for
administration and overhead;
2.the
cost of maintaining accounts or records; or
3.the cost of preparing and filing reports,
affidavits and statements required by M.G.L. c. 55, c. 55C and 970
CMR.
(d)
Liabilities. Expenditures made or in-kind
contributions received to satisfy liabilities incurred during the primary
election campaign or the general election campaign for goods or services not
used in such campaign.
(e)
Unused Goods and Services. Expenditures made, in-kind
contributions received or liabilities incurred for goods or services which are
not used during the campaign election period when purchased provided, however,
that such expenditures, contributions or liabilities shall be considered
campaign expenditures for the primary or general election campaign in which
such goods or services are used.
(3)
Prorated
Expenditures. Expenditures made, in-kind contributions received or
liabilities incurred for goods and services which are used in both the primary
election campaign and the general election campaign shall be allocated between
the primary and general election campaigns on a 50-50 basis unless the
candidate can document with detailed accounts and records an allocation of any
such goods and services based upon time, space, use of materials or other
objective basis.
