(1)
Each candidate, including each candidate for governor of a candidate team, who
receives public funds pursuant to M.G.L. c. 55C in either the primary or
general election shall file, on a form prepared by the director, the surplus
balance report provided for in 970 CMR 4.13(2). In addition, each candidate,
including each candidate for governor and each candidate for lieutenant
governor of a candidate team who is subject to a campaign expenditure limit
shall file on a form prepared by the director the campaign expenditure report
provided for in 970 CMR 4.13(3).
(2)
Surplus Balance
Reports. The surplus balance report required to be filed under 970
CMR 4.13 after the primary election campaign and after the general election
campaign shall disclose:
(a) the balance
remaining in the candidate's account as of the last day of primary or general
election campaign as the case may be, including but not limited to:
1. cash on hand;
2. checks received but not
deposited;
3. accounts
receivable;
4. the cost of any
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
acquired during the primary or election campaign; and
5. the balance remaining in the candidate's
depository account or any candidate or committee checking, savings, money
market or other account whether or not such account is authorized by M.G.L. c.
55 or 970 CMR.
(b) the
amount of any outstanding liability incurred during the election cycle to
defray campaign expenditures for goods and services used during the primary or
general election campaign;
(c) the
surplus balance, if any, which shall equal the excess of 970 CMR 4.13(2)(a)
over 970 CMR 4.13(2)(b);
(d) the
total amount of public financing received for the primary or general election
campaign;
(e) the total amount of
the contributions for the primary election campaign or the general election
campaign as follows:
1. for the primary
election campaign, the balance as of the first day of the election cycle or the
opening of the depository account whichever is later plus the total amount of
contributions deposited in the candidate's depository account on or after the
first day of the election cycle or the opening of the depository account
whichever is later and any contributions received but not deposited through the
primary election; and
2. for the
general election campaign, the balance as of the day after the primary election
plus the total amount of contributions deposited in the candidate's depository
account on or after the day after the primary election and any contributions
received but not deposited, through the general election.
(f) the total of public financing received,
970 CMR 4.13(2)(d), plus contributions received, (2)(e)1. or 970 CMR
4.13;
(g) the surplus balance, 970
CMR 4.13(2)(c), if any, shall be multiplied by the fraction required by M.G.L.
c. 55C, § 9 the numerator of which shall consist of the public financing
received, 970 CMR 4.13(2)(d), and the denominator of which shall consist of the
public financing received plus any contributions received, 970 CMR
4.13(2)(f);
(h) the amount
established by 970 CMR 4.13(2)(g) shall be paid to the state treasurer except
as otherwise provided in M.G.L. c. 55C, § 9.
(3)
Campaign Expenditure
Reports. The campaign expenditure reports required to be filed by
970 CMR 4.13 after the primary or general election shall disclose:
(a) the campaign expenditure limit applicable
to the candidate or the candidate team;
(b) the following expenditures itemized by
date paid, to whom paid, amount paid and the purpose of payment:
1. the total amount of all expenditures made
during the primary or general election campaign including, but not limited to,
any checks written but not paid from the candidate's account;
2. the total amount of all expenditures made
prior to the primary election campaign or the general election campaign for
goods and services used during such campaign; and
3. the sum of 970 CMR 4.13(3)(b)1. and
2.;
4. the total amount of
expenditures claimed as exempt, if any, from the campaign expenditure limit
pursuant to
970 CMR
4.11;
5. the excess of 970 CMR 4.13(3)(b)3. over
970 CMR 4.13(3)(b)4.
(c)
the following in-kind contributions received itemized by the date received, the
person making the contribution, the amount or value and the purpose of the
contribution:
1. the total amount of in-kind
contributions received during the primary or general election
campaign;
2. the total amount of
in-kind contributions received prior to the primary election campaign or
general election campaign which were used during said campaign;
3. the sum of 970 CMR 4.13(3)(c)1. and
2.;
4. the total amount of in-kind
contributions claimed as exempt, if any, from the campaign expenditure limit
pursuant to
970 CMR
4.11;
5. the excess of 970 CMR 4.13(3)(c)3. over
970 CMR 4.13(3)(c)4.
(d)
the following liabilities itemized by the date incurred, the person to whom the
liability is owed, and the amount and purpose of the liability:
1. the total amount of outstanding
liabilities incurred during the primary election campaign or the general
election campaign;
2. the total
amount of outstanding liabilities incurred prior to the primary election
campaign or general election campaign for goods or services used during said
campaign;
3. the sum of 970 CMR
4.13(3)(d)1. and 2.;
4. the total
amount of outstanding liabilities claimed as exempt, if any, from the campaign
expenditure limit pursuant to
970 CMR
4.11; and
5. the excess of 970 CMR 4.13(3) (d)3. over
970 CMR 4.13(3)(d)4.
(e)
the total adjusted amount of all expenditures made, in-kind contributions
received and liabilities incurred which shall consist of the total of 970 CMR
4.13(3)(b)5., (c)5. and (d)5.; the excess of 970 CMR 4.13(3)(e) over 970 CMR
4.13(3)(a).
(4)
Filing Requirements. The primary and general election
public financing reports and campaign expenditure reports provided for in 970
CMR 4.13 shall be filed with the director on or before the second Tuesday
following the primary election or the general election. The reports required by
970 CMR 4.13 shall be signed by the candidate and treasurer under the penalties
of perjury.
