1 of 1 HOUSE DOCKET, NO. 1830 FILED ON: 1/15/2025 HOUSE . . . . . . . . . . . . . . . No. 821 The Commonwealth of Massachusetts _________________ PRESENTED BY: Daniel M. Donahue _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act promoting political participation. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :DATE ADDED:Daniel M. Donahue16th Worcester1/15/2025 1 of 8 HOUSE DOCKET, NO. 1830 FILED ON: 1/15/2025 HOUSE . . . . . . . . . . . . . . . No. 821 By Representative Donahue of Worcester, a petition (accompanied by bill, House, No. 821) of Daniel M. Donahue for legislation to create a payroll deduction for voluntary contributions to not-for-profit social welfare organizations and candidate or other political committees. Election Laws. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE HOUSE, NO. 679 OF 2023-2024.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act promoting political participation. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Section 150 of chapter 149 of the General Laws, as appearing in the 2018 2Official Edition, is hereby amended by inserting after the words “chapter 151”, in line 23, the 3following words:- or chapter 180B. 4 SECTION 2. Section 150A of said chapter 149, as so appearing, is hereby amended by 5inserting after the word “check-off”, in line 4, the following words:- , voluntary contributions to 6social welfare organizations or political action committees pursuant to chapter 180B. 7 SECTION 3. Section 8 of chapter 154 of the General Laws, as appearing in the 2018 8Official Edition, is hereby amended by inserting after the word “plan,”, in line 15, the following 2 of 8 9words:- or voluntary contributions to social welfare organizations or candidate or other political 10committees pursuant to chapter 180B, 11 SECTION 4. The General Laws are hereby amended by adding after chapter 180A the 12following chapter:- 13 CHAPTER 180B: PAYROLL DEDUCTIONS TO PROMOTE POLITICAL 14PARTICIPATION THROUGH VOLUNTARY CONTRIBUTIONS TO NOT-FOR-PROFIT 15SOCIAL WELFARE ORGANIZATIONS AND CANDIDATE OR OTHER POLITICAL 16COMMITTEES 17 Section 1. Findings and public policy. 18 The general court hereby finds that many low-income residents of Massachusetts face 19substantial obstacles to participating fully in the public and political life of their communities; 20that financial barriers, including lack of access to credit cards and banking services, often prevent 21these residents from contributing financially to not-for-profit social welfare organizations and 22candidate or other political committees that engage in the political process and help shape the 23policies that affect residents’ lives; and that a payroll deduction mechanism would promote 24political participation by enabling individuals to authorize small, regular deductions from their 25pay at levels they can afford to contribute to political and advocacy organizations, eliminating 26transaction costs for such contributions and permitting greater numbers of Massachusetts 27residents to engage in the political process and to participate in community and civic life. 28 It is therefore declared to be the policy of the commonwealth to create a payroll 29deduction mechanism for enabling voluntary contributions to not-for-profit social welfare 30organizations and candidate or other political committees, available to any individual employed 3 of 8 31by an employer with a system of payroll deduction and without cost to the individual or to the 32employer. 33 Section 2. Definitions. 34 As used in sections 1 through 7, inclusive, of this chapter, the following words shall have 35the following meanings: 36 “Covered organization” shall mean any not-for-profit organization that is organized under 37the Internal Revenue Code, 26 U.S.C. sections 501(c)(4) and certified by the attorney general 38pursuant to this chapter or any candidate or other political committee that is organized in 39accordance with chapter 55 of the General Laws and regulations of the Massachusetts Office of 40Campaign and Political Finance and certified by the attorney general pursuant to this chapter; 41provided, however, that the not-for-profit organization or candidate or other political committee 42has obtained authorization pursuant to section 3 of this chapter from 10 or more residents of the 43commonwealth, provided further that each such authorization shall be valid for a period of 6 44months from when it was dated and signed. 45 “Employee'' shall mean any person employed by an employer, including any person 46considered to be an employee under section 148B of chapter 149 of the General Laws and any 47person covered by the definition of “employee” in the Fair Labor Standards Act, 29 U.S.C. 48section 203(e). 49 “Employee organization” shall mean an organization as defined in section 1 of chapter 50150E of the General Laws. 4 of 8 51 “Employer'' shall mean any individual, company, corporation, partnership, labor 52organization, unincorporated association or any other private legal business or other private 53entity, whether organized on a profit or not-for-profit basis, including any person acting directly 54or indirectly in the interest of an employer. The term “employer” shall include the 55commonwealth or any body of the commonwealth, including the legislature, judiciary, any 56boards, departments, and commissions thereof or authorities, all political subdivisions of the 57commonwealth and all districts. 58 “Labor organization” shall mean an organization as defined in the National Labor 59Relations Act, 29 U.S.C. section 152(5) or as defined in section 2 of chapter 150A of the General 60Laws. 61 “Remittance” shall mean a voluntary contribution duly authorized in writing by an 62employee, to be deducted from the employee's pay and remitted to a covered organization 63pursuant to this chapter. 64 “In writing” or “written” denotes a tangible or electronic record of a communication or 65representation, including handwriting, typewriting, printing, photo-stating, photography, audio or 66video recording, and any “electronic signature,” as defined by section 2 of chapter 110G of the 67General Laws. 68 Section 3. Requirement to deduct and remit voluntary contributions to covered 69organizations; standards for valid authorization; revocation of authorization, timely remittance. 70 (a) An employer shall, upon written authorization of an employee, deduct voluntary 71contributions from the employee’s pay and remit them to a covered organization designated by 72the employee, minus a reasonable administrative fee for processing such deduction and 5 of 8 73remittance determined pursuant to regulations adopted by the attorney general except as 74precluded by subsection (g) of this section; provided, however, that the employee or covered 75organization has provided to the employer documentation that the attorney general has certified 76the covered organization pursuant to subsection (b) of section 4 of this chapter. 77 (b) The employee’s written authorization shall include: 78 (i) the name and residential address of the contributing employee; 79 (ii) the name and address of the employer; 80 (iii) the occupation of any contributing employee who has authorized deduction of a 81contribution of $200 or more or of periodic contributions that in the aggregate exceed or may 82exceed $200 within any one calendar year; 83 (iv) the name and address of the not-for-profit organization or candidate or other political 84committee to which the employee wishes to contribute; 85 (v) the amount of the contribution to be deducted in each pay period; provided, however, 86that the minimum amount of such contribution shall be $2.00; 87 (vi) a statement that the contributing employee’s authorization may be revoked by the 88employee at any time by written notice from the employee to the employer; and 89 (vii) the date upon which such authorization was signed. 90 (c) An authorization is valid for each subsequent pay period until the employee revokes 91the authorization in writing and transmits the revocation to the employer. 6 of 8 92 (d) The employer shall provide a copy of any written authorization or revocation that it 93receives to the not-for-profit organization or the candidate or other political committee to which 94it pertains within 5 business days of receipt. 95 (e) The employer shall commence deductions no later than the first pay period that begins 9615 or more business days after receipt of the authorization and shall remit the deductions to the 97covered organization no later than 15 business days after deduction. 98 (f) An employee may authorize contributions to no more than 2 covered organizations at 99one time. 100 (g) Nothing in this chapter is intended to or shall be construed to affect or modify in any 101way the terms of any collective bargaining agreement. 102 (h) An employer’s processing of these contributions does not violate Section 8 of Chapter 10355 of the General Laws. 104 (i) An employer’s processing of these contributions does not make them an intermediary 105or conduit under Section 10A of Chapter 55 of the General Laws. 106 (j) The use of authorization cards in this statute is not limited by the specific reference to 107political action committees in Section 9A of Chapter 55 of the General Laws. 108 Section 4. Certification of a not-for-profit organization or a candidate or other political 109committee as a covered organization. 110 (a) A not-for-profit organization or a candidate or other political committee seeking to be 111certified as a covered organization pursuant to this chapter must provide the attorney general 112with the following: 7 of 8 113 (i) The name, address, email address, and phone number of the not-for-profit organization 114or the candidate or other political committee; 115 (ii) Proof of current status as a not-for-profit organized under 26 U.S.C. section 501(c)(4) 116and incorporated under the laws of the state of its incorporation or as a candidate or other 117political committee registered with the Massachusetts Office of Campaign and Political Finance; 118and 119 (iii) Proof that the not-for-profit organization or the candidate or other political 120committee has obtained payroll deduction authorization pursuant to subsection (b) of section 3 of 121this chapter from 10 or more residents of the commonwealth. 122 (b) The attorney general shall provide written notice to the not-for-profit organization or 123the candidate or other political committee that it has been certified as a covered organization 124within 15 business days of the date that the not-for-profit organization or the candidate or other 125political committee has met the requirements of subsection (a) of this section to the satisfaction 126of the attorney general. 127 Section 5. No dues or fees to employee organizations or labor organizations. 128 Nothing herein shall be construed to require remittances of dues or fees to an employee 129organization or labor organization. 130 Section 6. Enforcement. 131 (a) It shall be unlawful for any employer to interfere with, restrain, or deny the exercise 132of, or the attempt to exercise, any right provided under or in connection with this chapter, 133including, but not limited to, threatening, intimidating, disciplining, discharging, demoting, 8 of 8 134harassing, reducing an employee’s hours or pay, informing another employer that an employee 135has engaged in activities protected by this chapter, or discriminating or retaliating against an 136employee, and or engaging in any other such action that penalizes an employee for, or is 137reasonably likely to deter an employee from, exercising or attempting to exercise any right 138protected under this chapter. 139 (b) The attorney general shall enforce this chapter, and may obtain injunctive or 140declaratory relief for this purpose. Violation of this chapter shall be subject to paragraphs (1), 141(2), (4), (6) and (7) of subsection (b) of section 27C of chapter 149 of the General Laws. An 142employer who has failed to remit an employee’s deduction to a covered organization shall not be 143entitled to make a subsequent deduction from such employee for the amount of any deduction it 144has failed to remit. 145 Section 7. Attorney General’s adoption of rules and regulations. 146 The attorney general shall adopt rules and regulations necessary to carry out the purpose 147and provisions of this chapter. 148 Section 8. Severability. 149 If any provision of this act or application thereof to any person or circumstances is judged 150invalid, the invalidity shall not affect other provisions or applications of this act which can be 151given effect without the invalid provision or application, and to this end the provisions of this act 152are declared severable. 153 SECTION 5. This act shall take effect January 1, 2027.