Current through Register 1536, December 6, 2024
Section 4.07 - Candidates Eligible for Public Financing(1)Eligible Primary Candidates. A candidate shall be certified as an eligible candidate for the purpose of receiving limited public financing for that candidate's primary election campaign if: (a) the state secretary has certified the candidate as qualifying for the ballot and having opposition under M.G.L. c. 55C, § 2; and(b) the candidate has filed with the Director:1. the statement agreeing to the statutory expenditure limit;2. the statement of qualifying contributions required by 970 CMR 4.05, which the director has determined includes qualifying contributions in the minimum amounts established by M.G.L. c. 55C, § 4. Candidates for governor seeking public financing in the primary campaign shall file the statement on or before the Friday preceding the ninth Tuesday before the primary, and other candidates seeking public financing in the primary campaign shall file the statement on or before the Friday preceding the eighth Tuesday before the primary; and3. the request required by 970 CMR 4.07(2).(2) The candidate shall file a written request for limited public financing on a form prepared by the Director. Such request shall include a statement that the candidate:(a) is requesting limited public funds for that candidate's primary election campaign and will use such funds only in accordance with M.G.L. c. 55 and c. 55C and 970 CMR;(b) understands that the candidate must obtain a bond in accordance with M.G.L. c. 55C, § 8 and 970 CMR 4.09 prior to the distribution of any public funds; and(c) understands that the candidate may be required to pay back public funds to the Commonwealth pursuant to M.G.L. c. 55C, § 9.(3)Eligible General Election Candidates. Except as provided in 970 CMR 4.07(5), a candidate or candidate team shall be certified as an eligible candidate for the purposes of receiving limited public financing for the candidate's general election campaign if:(a) the state secretary has certified the candidate or candidate team as qualifying for the ballot and having opposition under M.G.L. c. 55C, § 2; and(b) the candidate has filed with the director:1. the statement agreeing to the statutory expenditure limit;2. the statement of qualifying contributions required by 970 CMR 4.05, which the director has determined includes qualifying contributions in the minimum amounts established by M.G.L. c. 55C, § 6. Candidates for governor and lieutenant governor seeking public financing in the general election campaign shall file the statement on or before the Friday preceding the fifth Tuesday before the primary, and other candidates seeking public financing in the primary campaign shall file the statement on or before the Friday preceding the fourth Tuesday before the primary; and3. the request required by 970 CMR 4.07(4).(4) The candidate shall file a written request for limited public financing on a form prepared by the Director. Such request shall include a statement that the candidate: (a) is requesting limited public funds for that candidate or candidate team's general election campaign and will use such funds only in accordance with M.G.L. chs. 55 and 55C and 970 CMR;(b) certifies that the candidate will obtain a bond in accordance with M.G.L. c. 55C, § 8, 970 CMR 4.08(3) and 4.09 prior to the distribution of any public funds; and(c) understands that the candidate may be required to pay back public funds to the Commonwealth pursuant to M.G.L. c. 55C, § 9.(5)Candidate Teams. A candidate team shall be certified as an eligible candidate team for the purposes of receiving limited public financing for such team's general election campaign in the same manner as a candidate is certified as an eligible candidate in accordance with 970 CMR 4.07(3) provided:(a) the candidate for governor and the candidate for lieutenant governor of a candidate team have each filed the statement required by 970 CMR 4.04 agreeing to abide by the statutory expenditure limit;(b) the Director has determined that the combined statements of qualifying contributions submitted by the candidate for governor and the candidate for lieutenant governor of such candidate team include qualifying contributions in the minimum amounts established by M.G.L. c. 55C, § 6; and(c) the candidate for governor has filed the request for limited public financing in accordance with 970 CMR 4.07(4) on behalf of the candidate team.