Campaign finance requirements for Massachusetts ballot measures
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If someone feels that Massachusetts campaign finance law is violated, the first step is to file a complaint with the Office of Political and Campaign Finance. It is up to the Director of the Office of Political and Campaign Finance to fully investigate the complaint and authorize the courts in Massachusetts to issue necessary summons notices. Once all evidence is gathered, a hearing is held to determine if there is enough probable cause to determine if a campaign finance law violation happened[1].
If there is probable cause of a campaign finance law violation, in most cases the complaint is referred to the Massachusetts Attorney General for further prosecution[2].
General requirements
Ballot question committee
Any group that is in support or opposition of a ballot measure in Massachusetts is considered a ballot question committee[3].
Statement of Organization
Any ballot question committee in the Commonwealth of Massachusetts must file a Statement of Organization with the appropriate filing officer before accepting any contributions or making expenditures[4].
Campaign finance requirements
Accepting/earmarking contributions
Under Massachusetts law, all contributions must be deposited within seven days of receiving such a contribution[5]. Also, the campaign is required to earmark the purpose of the contribution
Under the law, a campaign must fill out a earmark slip like this:
PURPOSES OF PAYMENT.
(Check One and Fill in Specific Purpose)
TV, Radio ____ Printing ____ Signs or Displays ____
Newspaper ____ Office ____ Transfer of Fund ____
Meetings ____ Travel ____ Other ____
Specific Purpose ____________________________________________________[6].
Contribution limits
There are no limits on contributions to ballot question committees. Any corporation, labor union, state or local party committee or individual can donate unlimited sums of money to a campaign[7] [8].
Corporate contributions
Massachusetts law allows for corporate contributions made to ballot question committees despite it is banned for candidates for office[9].
Filing reports
All ballot question committees are required to file campaign finance reports.
Mandatory electronic reporting
Any group in support or opposition of a ballot question that has the expectation of raising or spending $25,000 or more must file their campaign finance reports electronically[10].
No forced public contributions
Massachusetts law strictly forbids any public employee from contributing to a campaign in support or opposition of a ballot question if it comes as a condition of their employment with the Commonwealth[11].
Reporting requirements and reports
60 day report
Under Massachusetts law, the first campaign finance reports for a ballot question committee are not due until 60 days before the election. For the 2010 election, the report is due on September 2, 2010. The reporting period is January 1, 2010 or the date of organization to August 28, 2010 which is five days before 60 day threshold mandated by law. If a committee began later than January 1, then the campaign must begin at the date they filed a Statement of Organization.
Twice-monthly reports
After the 60 day report, groups are required to file campaign finance reports twice a month before the election. For September of 2010, the reporting periods ahttp://www.mass.gov/ocpf/chap55.htm#18re September 1 to September 15th and September 16th to September 1st. The reports are due on September 20, 2010 for the deadline ending September 15th and October 5th for the October 1st reporting deadline. For October 2010, the reporting periods are October 2 to October 15th and October 16th to November 1st. The reports are due on October 20th for the October 15th report and November 5th for the November 1st reporting period.
In November there is a separate campaign finance reporting period from November 2, 2010 to November 15, 2010. This report is due on November 20, 2010.
Year-end report
The final campaign finance report covers all activity from November 16 to December 31, 2010. This report is due on January 2, 2011[12].
Campaign advertising restrictions
There are no restrictions on campaign advertising under Massachusetts law for ballot question committees.
Terminating a committee
Under Massachusetts law, in the event a ballot question committee dissolves it is imperative at the time when the Statement of Organization is filed that there is a disposition on how surplus funds will be disbursed. In order for a ballot question committee to dissolve, a report must be filed with the Office of Campaign and Political Finance that the committee has received zero contributions or made zero expenditures. This report must be filed within 60 days of the actual dissolution. Surplus funds in Massachusetts can be used towards donations to the Massachusetts Local Aid Fund, the General Fund of any City or Town in Massachusetts, a scholarship fund as long the fund does not have a beneficiary closely aligned to a candidate or a committee, or any charity or religious organization recognized by Massachusetts law[13].
External links
- Massachusetts Office of Campaign and Political Finance
- Massachusetts Campaign Finance disclosure database
- 2010 Massachusetts Campaign Finance manual
- Massachusetts Ballot Question Committee campaign finance kit
- Massachusetts Campaign Finance Laws
- Campaign Disclosure Project
References
- ↑ "Massachusetts General Assembly" Massachusetts Campaign Finance Law(Referenced Statute 3.04-3.06)
- ↑ "Massachusetts General Assembly". Massachusetts Campaign Finance Law(Referenced Statute 3.07(2))
- ↑ "Mass.gov" Massachusetts Campaign Finance Laws(Referenced Section 55.1(1))
- ↑ "Mass.Gov" Massachusetts Campaign Finance Law(Referenced Statute 55:5, Section 5)
- ↑ "Mass.Gov" Massachusetts Campaign Finance Law(Referenced Statute 55:19(b))
- ↑ "Mass.Gov" Massachusetts Campaign Finance Law(Referenced Statute 55:19(c))
- ↑ "Mass.Gov" Massachusetts Campaign Finance Law(Referenced Statute 55:6B)
- ↑ "Mass.Gov" Massachusetts Campaign Finance Law(Referenced Statute 1.04(12))
- ↑ "Mass.Gov" Massachusetts Campaign Finance Law(Referenced Statute 55:8)
- ↑ "Mass.Gov" Massachusetts Campaign Finance Law(Referenced Statute 55:18C(2))
- ↑ "Mass.Gov" Massachusetts Campaign Finance Law(Referenced Statute 55:15-55:16-B)
- ↑ "Massachusetts General Assembly" Massachusetts Campaign Finance Law(Referenced Section 55.18(f))
- ↑ "Massachusetts Legislature" Massachusetts Campaign Finance Law(Referenced Statute 55:18 (15))
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