970 CMR, § 1.04

Current through Register 1533, October 25, 2024

Section 1.04 - Contributions

(1)Joint Contributions. A contribution which is made by a check which reflects a joint checking account of more than one individual is presumed to be from the individual whose signature appears on the check. The candidate or committee receiving the check may, however, at the recipient's discretion, attribute the contribution equally between each individual named on the check, unless such attribution would result in a contribution exceeding the limits in M.G.L. c. 55, § 7A. For example, if a $2,000 check is received and neither contributor has contributed in the calendar year in which the maximum allowed for each contributor is $1,000, the committee may attribute the contribution equally between the two contributors.

(a) If attribution among each named contributor would result in an excess contribution, the contribution may be attributed in a manner that avoids such excess contribution. For example, if one of two persons named on a joint check in the amount of $1,000 has already contributed $750 (of the maximum allowed starting in 2015 of $1,000), but the other named contributor has not yet contributed, the recipient committee may attribute $250 of the contribution to the contributor who has already contributed, and $750 to the other contributor.

(b) Contributors making a joint contribution may submit a written request to the candidate or committee to have the contribution be attributed in a manner other than equally. Such request shall be controlling, unless it would result in the making of a contribution exceeding the limits in M.G.L. c. 55.

(c) If a recipient attributes a portion of a contribution made by joint check to one of the persons named on the check who did not sign the check, and the attribution is other than an equal division between the two persons named on the joint check, the recipient must, within 30 days of receiving the check, provide written notification to each contributor describing the amounts attributed to each contributor. The notification must advise the contributors that they may request reattribution in amounts different from the amounts initially determined by the candidate or committee, and that the contributors may alternatively request a refund of any portion of a joint contribution. If requested to do so by a contributor, the candidate or committee must reattribute a joint contribution in accordance with a request received from a contributor, unless the reattribution would result in the making of a contribution exceeding the limits in M.G.L. c. 55.

(d) Candidates and committees shall maintain records relating to all joint contributions received, including copies of checks, written attribution requests, and notifications provided to contributors.

(2) No check reflecting the name of a business corporation, partnership, professional corporation, limited liability partnership, or limited liability company may be solicited or received by any candidate or political committee, other than a ballot question committee or an independent expenditure PAC.

(3)Political Contributions by Corporations, Partnerships, Limited Liability Companies and Limited Liability Partnerships. M.G.L. c. 55, § 8 prohibits contributions to candidates and committees (other than independent expenditure PACs and ballot question committees) from business or professional corporations, partnerships, limited liability companies, and limited liability partnerships incorporated or formed under the laws of the commonwealth, or doing business in the Commonwealth. Where accounts are created by a partnership to hold the equity interest of individual partners, however, such accounts may be used by partners to make individual contributions.

(4) Contributions which are received by ticket sellers must be disclosed as contributions from original and true contributors in the amount given by them.

(5) Anonymous contributions may not be accepted and shall, if unable to be returned to the contributor, be donated within 30 days of receipt, to an entity or entities specified in the residual funds clause, M.G.L. c. 55, § 18, or in a manner consistent with 970 CMR 2.06(3). Candidates and political committees must keep records reflecting such contributions.

(6) Any corporation or any other entity which is prohibited from making a particular contribution may not reimburse an individual for any contribution made by that individual.

(7) Any contribution received by a candidate or political committee, which is returned to the contributor in its original form, is deemed to have not been accepted and therefore need not be reported.

(8) Candidates and committees shall exercise their best efforts to determine whether contributions are legal at the time of receipt. Any contribution which is believed by a candidate or committee to be illegal under M.G.L. c. 55 or any other law prior to its deposit into the account of a political committee or candidate shall be returned to the contributor in its original form. Any contribution which is believed by a candidate or committee to be illegal, subsequent to its deposit, shall be purged immediately either by refund to the contributor or payment pursuant to the residual funds clause in M.G.L. c. 55, § 18. This refund shall be in the form of a check written to the contributor on the account of the candidate or political committee into which the original contribution was deposited. When the Director determines a contribution to be illegal, the Director may either require the contribution to be refunded to the contributor, or alternatively, he or she may require the contribution to be disgorged through a payment by the candidate or committee to the Commonwealth or through a payment to a charitable entity or entities or otherwise pursuant to the residual funds clause in M.G.L. c. 55, § 18.

(9) Contributions received by political committees may be refunded as provided in 970 CMR 1.04(9)(a), (b) or (c).

(a) Except as provided in 970 CMR 1.04(9)(c), a political committee that is not dissolving may refund a contribution upon request of a contributor.

(b) A political committee may establish a refund policy allowing refunds of contributions from a particular category or type of contributor. The policy must be applied in a consistent manner and in conformance with 970 CMR 1.04(9).

(c) Contributions may be refunded because of the termination of a particular candidacy or by a ballot question committee, if the question the committee was organized to support or oppose is not placed on the ballot. Refunds made due to termination of a particular candidacy or because a ballot question was not placed on the ballot shall be made either on a pro rata or a "last in, first out" basis or in response to a request from a contributor for a refund. Refunds made because of the termination of a candidacy may be made only for contributions that were received within six months prior to the termination of the candidacy. Ballot question committees may refund contributions upon the request of a contributor only if the request and refund take place prior to the date of the election in which the question is or was to be placed on the ballot.

(d) If a committee has issued a refund check to a contributor but the refund check is not negotiated within three months of issuance, the committee shall instead disgorge the funds by making a payment to a charitable entity or entities or otherwise pursuant to the residual funds clause in M.G.L. c. 55, § 18.

(10)Membership Communications. Communications from membership organizations, not including a corporation subject to M.G.L. c. 55, § 8, to its members and their families, on any subject, shall not be understood to be a contribution or expenditure.

(11)Cash and Money Order Contributions.

(a) No person, candidate or political committee shall make a contribution of cash in an amount exceeding $50.00 in the aggregate during a calendar year.

(b) Contributions in an aggregate amount exceeding $100 during a calendar year may only be made by check or by credit or debit card, or electronic transfer, in accordance with 970 CMR 1.09. For the purposes of 970 CMR, the word "check" shall, unless the context otherwise requires, mean a check on which the contributor is directly liable or which is written on a personal, escrow, trust, partnership, business or other account which represents or contains the contributor's funds and shall not mean a certified check, cashier's check, treasurer's check, registered check, money order, traveler's check or other similar negotiable instrument.

(12)Contribution Limitations. Contributions from individuals, candidates and political committees to candidates and political committees shall comply with the contribution limitations set forth in the following chart:

ANNUAL CAMPAIGN CONTRIBUTION LIMITS

OFFICE OF CAMPAIGN AND POLITICAL FINANCE

COMMONWEALTH OF MASSACHUSETTS

TO: > > > > > FROM:	Candidate / Candidate's Committee	Political Action Committee (PAC)¹	People's Committee²	State Party Committee	Local Party Committee	Ballot Question Committee
Individual³	$1,000¹⁴	$500	$191	$5,000⁴	$5,000⁴	No limit
Lobbyist	$200	$200	$191	$200⁴	$200⁴	No limit
Statewide Candidate's Committee⁵	$100 ^6,7	No limit^6,8	0	No limit⁶	No limit⁶	No limit⁶
County, legislative, municipal or other candidate/ candidate's committee	$100⁷	No limit⁸	0	No limit	No limit	No limit
Political Action Committee (PAC) ¹	$500⁹	$500	0	$5,000⁴	$5,000⁴	No limit¹⁰
People's Committee	$500	$500	0	$5,000⁴	$5,000⁴	No limit¹⁰
State Party Committee	$3,000¹¹	$500	0	--	$5,000⁴	No limit¹⁰
Local Party Committee	$1,000¹¹	$500	0	$5,000^4,2	$5,000^4,2	No limit¹⁰
Ballot Question Committee	0	0	0	0	0	No limit¹³

Note: Contributions from federal political committees or other unregistered, non-Massachusetts political committees, are prohibited. Exception: Independent Expenditure PACs and Ballot Question Committees may accept unlimited funds from such sources.

¹PACs: PACs must organize with OCPF under M.G.L. c. 55 before they may contribute to Massachusetts candidates or committees. Limits do not apply to Independent Expenditure PACs. (Independent Expenditure PACs may not contribute to candidates or other political committees, except for other Independent Expenditure PACs or ballot question committees) Please see970 CMR 2.22 and OCPF's interpretive bulletin concerning Independent Expenditure PACs, IB-10-03.

²People's Committee: After six months in existence, a PAC that has received contributions from individuals of $191or less per year and contributed to five or more candidates may request a change in its status to that of a people's committee. The maximum contribution from and individual to a people's committee is adjusted biennially by OCPF. The figure is in effect for 2022 and 2023.

³Contributions by Individuals: Individuals younger than 18 years old have an aggregate contribution limit of $25 per year. There is no limit on how much a candidate may contribute to his or her own campaign, though the maximum amount that certain candidates may loan varies by the office sought. Contact OCPF for information concerning limits on loans from state candidates to their own campaigns.

⁴Contributions to Party Committees: The maximum annual aggregate contribution that may be made by an individual, lobbyist, PAC, people's committee or party committee to all committees of any one party, including those on the state and local level, is $5,000.

⁵Statewide candidates include those running for or holding the office of governor, lieutenant governor, attorney general, treasurer/receiver general, auditor and secretary of the commonwealth.

⁶Candidates Certified to Receive Public Funds: No candidate's committee that receives public financing pursuant to M.G.L. c. 55C may make a contribution to another political committee during the calendar year in which the candidate's committee receives public financing, except that a committee that receives public financing may pay a political party committee for goods or services provided by the political party committee to the candidate's committee.

⁷Contributions from a candidate's personal funds to another candidate are subject to the $1,000 individual limit, not the $100 committee limit.

⁸Contributions from candidates to PACs: A candidate is prohibited from "financing" a political action committee (M.G.L. c. 55, § 5A). Please see970 CMR 1.24.

⁹Total PAC contributions: The aggregate annual amount a state or county candidate may accept from all PACs in a calendar year is limited by M.G.L. c. 55, § 6A. For example, a candidate for the Senate may not accept more than $18,750 in total PAC contributions and a candidate for the House may not accept more than $7,500. Candidates for municipal office are not subject to any such annual aggregate restriction.

¹⁰Contributions from a PAC, people's committee or party committee to a ballot question committee are not subject to limitation but must be consistent with the principle for which the contributing committee was organized.

¹¹Party contributions to candidates: This limit applies to monetary contributions only. There is no limit on in-kind contributions by a party committee to an individual candidate.

¹²A local party committee may contribute up to an aggregate of $5,000 in a calendar year to all ward, town, city and state committees of the same political party.

¹³Contributions among ballot question committees: A ballot question committee may contribute to another ballot question committee without limitation, provided such contributions are "consistent with the purpose for which [the contributing committee] was organized."

¹⁴Individual contribution to candidates: An individual may contribute up to $1,000 to a candidate seeking election to the office of state senator or state representative in a special election, and an additional $1,000 to the same candidate seeking election to the office of state senator or state representative in a general election held during the same calendar year.

(13)Earmarked Contributions. Other than when a candidate contributes to the candidate's own political committee, once a person contributes to a political committee, the person does not retain control over the funds. A person may not make a contribution to a political committee on the condition or with the agreement or understanding that the funds or a substantial portion of the funds contributed must subsequently be contributed by that committee to any other committee.

(14) Contributions received from trusts shall be subject to the following requirements:

(a) A contribution from a living trust shall be reported as a contribution from the beneficial owner(s) of the trust. The committee receiving the contribution is responsible for determining the identity of the beneficial owner(s).

(b) Committees may not accept contributions from testamentary trusts or bequests from estates.

(c) Contributions from realty or nominee trusts are prohibited, except where such contributions are received by ballot question committees or IE PACs.