Massachusetts Regulations § 970 CMR 1.06 Limitations on Contributions by Political Committee
Regulation Text
(1)
(a)
Pursuant to and only for the purposes of the contribution limitations in M.G.L. c. 55, § 6, contributions shall be considered to be made by a single political committee if made by more than one political committee established, financed, maintained, or controlled by any person, including any parent committee of a subsidiary committee or any person other than a natural person.
(b)
Two or more political committees may be considered to be a single political committee for the purposes of the contribution limitations in M.G.L. c. 55, § 6, if such committees make contributions to one or more of the same candidates or political committees and if, based on a consideration of the circumstances in 970 CMR 1.06(l)(b) l. through 6., the committees are determined to have been established, financed, maintained or controlled by the same person (or persons) or entity (or entities):
1.
Such person possesses one or more of the following with respect to each of the political committees:
a.
Ownership of a controlling interest in voting rights, shares or securities of one or more of the political committees in question or of a person having control over such committee or committees, if any;
b.
The authority, power, or ability to direct or control the activities of one or more of the political committees in question or of a person having control over such committee or committees, if any; or
c.
The authority, power, or ability to hire, appoint, discipline, discharge, demote, or remove or otherwise influence the decision of the officers or members of one or more of the political committees in question or of a person having control over such committee or committees, if any.
2.
Each of the political committees having the same, or substantially the same, persons as principal officers or members;
3.
Each of the political committees reach decisions regarding contributions made to one or more candidates or political committees in cooperation, consultation or concert with, or at the request or suggestion of, each other or of a person having control over such committees, if any;
4.
The transfer of funds between the political committees which represent a substantial portion of the funds of either the transferor or transferee political committee;
5.
Contributions to the political committees by the same person or persons; or
6.
The use of shared administrative resources including, but not limited to, office space, equipment or personnel, by the political committees.
(2)
(a)
Pursuant to and only for the purposes of the contribution limitations in M.G.L. c. 55, § 6, contributions made by the state committee of a political party and contributions made by any ward or town political committee of the same political party shall be considered to be made by separate political committees.
(b)
Pursuant to and only for the purposes of the contribution limitations in M.G.L. c. 55, § 6, contributions made by a political committee established, financed, maintained, or controlled by one or more ward or town political committee of a political party including, but not limited to, a city political committee, and contributions made by such ward or town political committee(s) shall be presumed to be made by one political committee.
(c)
Pursuant to and only for the purposes of the contribution limitations in M.G.L. c. 55, § 6, contributions shall be presumed to be made by one political committee if made by political committees established, financed, maintained, or controlled by:
1.
a single corporation or its subsidiaries (to the extent such political committees are permitted pursuant to M.G.L. c. 55);
2.
an organization of national or international unions or local central bodies;
3.
a single national or international union or any of its local unions or other subordinate organizations; or
4.
a membership organization, including but not limited to a trade or professional association or any state or local entities related to such organization or association.
(d)
The presumptions contained in 970 CMR 1.06(2)(b) and 970 CMR 1.06(2)(c) may be rebutted if the political committees in question present credible evidence that they have not made contributions in cooperation, consultation or concert with, or at the request or suggestion of each other or of any person who has established, financed, maintained or controlled such political committees. If the presumptions contained in either 970 CMR 1.06(2)(b) or 970 CMR 1.06(2)(c) are rebutted by credible evidence, the political committees in question nevertheless remain subject to the provisions of 970 CMR 1.06(l)(b).
History
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