Massachusetts Regulations § 970 CMR 1.07 Contributions by Conduits and Intermediaries
Regulation Text
(1)
Generally
. Contributions gathered and delivered to a candidate through an intermediary or conduit ("bundled" contributions) are treated not only as contributions from the person making the contribution but also as contributions from the intermediary or conduit, if the intermediary or conduit is a "regulated intermediary," and at least one of the contributions is greater than $100, subject to biennial indexing.
(2)
Regulated Intermediaries
. Regulated intermediaries include:
(a)
political action committees and their officers, employees and agents;
(b)
legislative agents and executive agents, and employees or agents acting on their behalf;
(c)
lobbying organizations and their officers, employees or agents acting on behalf of the organization; and
(d)
persons responsible for delivering "pooled contributions" from a corporation's officers or employees.
(3)
Contributions "Through an Intermediary or Conduit"
.
(a)
contributions "through an intermediary or conduit" include either:
1.
contributions delivered, in person or by mail, to a particular candidate or candidate's committee; or
2.
contributions to a particular candidate or candidate's committee made in a manner that identifies in writing the person who arranged the making of the contributions.
(b)
personal contributions made by a regulated intermediary are not made "through an intermediary or conduit."
(c)
contributions from a political action committee or lobbying organization which are delivered by an officer or agent of the political action committee or lobbying organization are not made "through an intermediary or conduit."
(d)
the reporting and attribution requirements of M.G.L. c. 55, § 10A apply only if two or more contributions are made through a regulated intermediary.
(e)
contributions received by a candidate pursuant to a written or oral solicitation by a regulated intermediary are not subject to the provisions of M.G.L. c. 55, § 10A unless the regulated intermediary delivers the contributions to a candidate or the contributions are made in a manner that indicates, in writing, that the contributions were arranged by the regulated intermediary.
(4)
Reporting of Bundled Contributions
.
(a)
Regulated intermediaries who deliver or arrange for the making of contributions to a candidate shall file reports, on a form prepared by the Director, with the office, or a city or town election official, if applicable, and shall provide a copy of the completed report to the candidate, identifying the original source and the intended recipient of each contribution. A copy of the report shall be delivered to the candidate on the date the candidate receives the contribution, and within ten days thereafter, the original report shall be filed with the Director, or with a city or town election official, if applicable.
(b)
The report of bundled contributions shall set forth the following information:
1.
The name and residential address of the original contributors;
2.
The occupation and employer of the original contributors, if the contribution is $200 or more;
3.
The amount of each contribution;
4.
The intended recipient;
5.
The name and residential address of the regulated intermediary; and
6.
The basis for the regulated intermediary's being regulated by M.G.L. c. 55, § 10A, (whether the intermediary is a PAC, legislative agent, person arranging pooled corporate contributions, or other regulated intermediary);
7.
The dates contributions are delivered to a candidate;
(c)
Candidates receiving contributions through regulated intermediaries shall report only the original source of the contributions on their candidate reports and attach a copy of the report required to be filed with the candidate by 970 CMR 1.07(4)(a) and (b).
(d)
Candidates shall keep copies of the reports received from regulated intermediaries for six years from the date of the relevant election, together with other records required to be kept by M.G.L. c. 55, § 2.
History
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