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2 | 2 | | HOUSE DOCKET, NO. 2390 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 848 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | John J. Lawn, Jr. |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to campaign finance reform. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:John J. Lawn, Jr.10th Middlesex1/16/2025 1 of 23 |
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16 | 16 | | HOUSE DOCKET, NO. 2390 FILED ON: 1/16/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 848 |
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18 | 18 | | By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 848) of John |
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19 | 19 | | J. Lawn, Jr. relative to campaign finance reform. Election Laws. |
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20 | 20 | | The Commonwealth of Massachusetts |
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21 | 21 | | _______________ |
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22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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23 | 23 | | (2025-2026) |
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24 | 24 | | _______________ |
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25 | 25 | | An Act relative to campaign finance reform. |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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27 | 27 | | of the same, as follows: |
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28 | 28 | | 1 SECTION 1. Section 1 of chapter 50 of the General Laws, as appearing in the 2020 |
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29 | 29 | | 2Official Edition, is hereby amended by deleting the nineteenth paragraph in its entirety and |
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30 | 30 | | 3inserting in its place the following:- |
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31 | 31 | | 4 ''Political committee'' shall apply only to a committee elected as provided in chapter fifty- |
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32 | 32 | | 5two, except that in chapter fifty-five it shall also apply to any committee, association, |
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33 | 33 | | 6organization or other group of persons, including a national, regional, state, county, or municipal |
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34 | 34 | | 7committee, which receives contributions or makes expenditures for the purpose of influencing |
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35 | 35 | | 8the nomination or election of a candidate, or candidates, or of presidential and vice presidential |
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36 | 36 | | 9electors, or for the purpose of opposing or promoting a charter change, referendum question, |
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37 | 37 | | 10constitutional amendment, or other question submitted to the voters. 2 of 23 |
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38 | 38 | | 11 SECTION 2. Section 1 of chapter 55 of the General Laws, as appearing in the 2022 |
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39 | 39 | | 12Official Edition, is hereby amended by inserting at the end of the definition of “contribution” the |
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40 | 40 | | 13following sentence in line 72:- |
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41 | 41 | | 14 It shall not include any payments in the aggregate of less than $7,500 per calendar year |
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42 | 42 | | 15made by individuals for food, beverages, or goods sold by a political party committee organized |
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43 | 43 | | 16pursuant to G.L. c. 52, §§2 and 3 for a nominal price per item at events such as bake sales, |
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44 | 44 | | 17farmer’s markets, or community festivals even if the purchase price exceeds the cost of the goods |
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45 | 45 | | 18sold. |
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46 | 46 | | 19 SECTION 3. Said section 1 of said chapter 55, as so appearing, is hereby further |
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47 | 47 | | 20amended by inserting after the definition of “independent expenditure” the following definition:- |
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48 | 48 | | 21 “In-kind contribution”, anything of value that is provided to a committee or candidate in |
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49 | 49 | | 22a non-monetary form, including, but not limited to: (i) the value of goods or services provided |
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50 | 50 | | 23free of charge; (ii) the difference between the cost charged and the usual market value charged; |
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51 | 51 | | 24or (iii) the amount paid by a person or entity on behalf of the committee or candidate. |
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52 | 52 | | 25 SECTION 4. Section 2 of chapter 55, as so appearing, is hereby amended by striking |
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53 | 53 | | 26from paragraph (1) the words “fifty dollars” wherever they appear and inserting in its place the |
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54 | 54 | | 27following: - “one hundred dollars”. |
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55 | 55 | | 28 SECTION 5. Section 2 of chapter 55, as so appearing, is hereby amended by striking |
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56 | 56 | | 29from paragraph (3) the words “fifty dollars” and inserting in its place the following: - “one |
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57 | 57 | | 30hundred dollars”. 3 of 23 |
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58 | 58 | | 31 SECTION 6. Section 3 of chapter 55, as so appearing, is hereby amended by striking the |
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59 | 59 | | 32fifth line of the eighth paragraph in its entirety and inserting in its place the following: - |
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60 | 60 | | 33 The name of a candidate who is required to file campaign finance reports with the |
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61 | 61 | | 34director, and who fails to file any statement or report after the initiation of civil proceedings |
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62 | 62 | | 35under this section to compel the filing, shall not be printed on any municipal preliminary, state |
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63 | 63 | | 36primary or general or special election ballot for a period of ten years from the due date of the |
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64 | 64 | | 37statement or report not filed or unless the statement or report is timely filed pursuant to chapter |
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65 | 65 | | 3853 or any charter or special law establishing the filing deadline, whichever comes first. |
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66 | 66 | | 39 SECTION 7. Section 3 of chapter 55, as so appearing, is hereby amended by striking the |
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67 | 67 | | 40seventh line of the eighth paragraph in its entirety and inserting in its place the following: - |
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68 | 68 | | 41 Any candidate who is disqualified from appearing on any municipal preliminary, state |
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69 | 69 | | 42primary or general or special election ballot as set forth above shall be ineligible to be nominated |
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70 | 70 | | 43or elected as a write-in or sticker candidate for a period of ten years from the due date of the |
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71 | 71 | | 44statement or report not filed or unless the candidate shall have filed the statements or reports |
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72 | 72 | | 45which are the subject of the civil litigation by the date of the municipal preliminary, state |
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73 | 73 | | 46primary or general or special election in which the candidate is seeking nomination or election, |
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74 | 74 | | 47whichever comes first. |
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75 | 75 | | 48 SECTION 8. Section 3 of chapter 55, as so appearing, is hereby amended by adding a |
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76 | 76 | | 49new second sentence to the ninth paragraph as follows: - |
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77 | 77 | | 50 Any records or documents received or reviewed by the director as part of an audit or |
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78 | 78 | | 51investigation shall not be a public record while in the custody and possession of the agency. 4 of 23 |
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79 | 79 | | 52 SECTION 9. Section 3 of chapter 55, as so appearing, is hereby amended by striking the |
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80 | 80 | | 53first sentence in the eleventh paragraph in its entirety and inserting in its place the following: - |
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81 | 81 | | 54 The director shall inform any person or committee under investigation by said director by |
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82 | 82 | | 55certified mail, return receipt requested, by personal delivery, by leaving a copy of the notice at |
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83 | 83 | | 56the person's last and usual place of residence, by delivering a copy of the notice to an attorney |
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84 | 84 | | 57who has appeared on behalf of the alleged violator, or by service may be made by a deputy |
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85 | 85 | | 58sheriff or constable either by personal delivery or leaving at the person’s last and usual place of |
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86 | 86 | | 59residence, of his intention to present to the attorney general evidence of any alleged violation of |
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87 | 87 | | 60this chapter. |
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88 | 88 | | 61 SECTION 10. Section 3 of chapter 55, as so appearing, is hereby amended by adding (a) |
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89 | 89 | | 62at the beginning of the first paragraph; by adding (b) at the beginning of the sixth paragraph; by |
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90 | 90 | | 63adding (c) at the beginning of the twelfth paragraph; by adding (d) at the beginning of the |
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91 | 91 | | 64thirteenth paragraph; by adding (e) at the beginning of the fourteenth paragraph; and by adding a |
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92 | 92 | | 65new section 3(f) as follows: - |
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93 | 93 | | 66 (f) The director may resolve any matter concerning violation of this chapter through the |
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94 | 94 | | 67following disposition method: |
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95 | 95 | | 68 (1) If the director determines, after notice and opportunity for hearing, that any candidate, |
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96 | 96 | | 69committee, or other person or entity has failed to file a statement or report as required by law, or |
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97 | 97 | | 70if it appears to the director that any such statement or report filed with him does not conform to |
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98 | 98 | | 71law, the director may order such candidate, committee, or other person or entity to file such |
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99 | 99 | | 72statement or report, or to amend such statement or report so that it conforms to the law, and may |
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100 | 100 | | 73take such other action, including the imposition of an administrative fine, an order to disgorge a 5 of 23 |
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101 | 101 | | 74contribution received that does not conform to the law or a contribution received in a manner that |
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102 | 102 | | 75does not conform to the law, or any other such relief as in the director’s judgment may be |
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103 | 103 | | 76necessary to carry out the purposes of this chapter. Any administrative fine imposed pursuant to |
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104 | 104 | | 77this chapter shall be consistent with the penalties set forth in the applicable section or sections of |
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105 | 105 | | 78G.L. chapter 5, and any fine collected shall be deposited in the Local Election Early Voting Fund |
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106 | 106 | | 79established by section 42 of chapter 10. |
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107 | 107 | | 80 (2) No order under this section may be entered without prior notice of and opportunity for |
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108 | 108 | | 81hearing. Notice shall conform to section 3(b). |
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109 | 109 | | 82 (3) Any person aggrieved by a final decision of or order issued by the director in an |
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110 | 110 | | 83adjudicatory proceeding hereunder may obtain judicial review pursuant to section fourteen of |
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111 | 111 | | 84chapter thirty A. |
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112 | 112 | | 85 SECTION 11. Section 5 of said chapter 55, as so appearing, is hereby amended by |
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113 | 113 | | 86striking out the word “address” in line 10 and inserting in place thereof the following:- |
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114 | 114 | | 87 business address. |
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115 | 115 | | 88 SECTION 12. Said section 5 of said chapter 55, as so appearing, is hereby further |
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116 | 116 | | 89amended by striking out the phrase “the name and residential address” in lines 17 and 18 and |
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117 | 117 | | 90inserting in place thereof the following:- |
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118 | 118 | | 91 the name and business or residential address. |
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119 | 119 | | 92 SECTION 13. Said section 5 of said chapter 55, as so appearing, is hereby further |
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120 | 120 | | 93amended by striking out the phrase “residential address” in line 19 and inserting in place thereof |
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121 | 121 | | 94the following:- 6 of 23 |
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122 | 122 | | 95 business or residential address. |
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123 | 123 | | 96 SECTION 14. Said section 5 of said chapter 55, as so appearing, is hereby further |
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124 | 124 | | 97amended by striking out the phrase “name and address” in line 21 and inserting in place thereof |
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125 | 125 | | 98the following:- |
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126 | 126 | | 99 name and business or residential address. |
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127 | 127 | | 100 SECTION 15. Said section 5 of said chapter 55, as so appearing, is hereby further |
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128 | 128 | | 101amended by striking out the word “addresses” in line 62 and inserting in place thereof the |
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129 | 129 | | 102following:- |
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130 | 130 | | 103 business or residential addresses. |
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131 | 131 | | 104 SECTON 16. Section 6 of said chapter 55, as so appearing, is hereby further amended by |
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132 | 132 | | 105striking out the first paragraph and inserting in place thereof the following paragraph:- |
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133 | 133 | | 106 A political committee, duly organized, may receive, pay or expend money or other things |
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134 | 134 | | 107of value for the enhancement of the political future of the candidate or the principle for which the |
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135 | 135 | | 108committee was organized; provided, however, that the expenditure shall not be primarily for the |
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136 | 136 | | 109candidate’s or any other person’s personal use. The director shall establish reasonable rules and |
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137 | 137 | | 110regulations concerning the expenditures. |
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138 | 138 | | 111 SECTION 17. Section 6 of said chapter 55, as so appearing, is hereby amended by |
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139 | 139 | | 112striking from the second paragraph the numerals $100 and inserting in place thereof the |
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140 | 140 | | 113following: - $500. |
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141 | 141 | | 114 SECTION 18. Section 6 of said chapter 55, as so appearing, is hereby amended by |
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142 | 142 | | 115striking the fourth paragraph in its entirety and inserting in place thereof the following: - 7 of 23 |
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143 | 143 | | 116 Except as otherwise provided in section six B, a political committee not organized on |
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144 | 144 | | 117behalf of an individual candidate may contribute to another political committee not organized on |
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145 | 145 | | 118behalf of an individual candidate; provided, however, that the aggregate of contributions to |
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146 | 146 | | 119elected political committees or non-elected political committees organized on behalf of a |
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147 | 147 | | 120political party pursuant to G.L. c. 52, §1 shall not exceed in any one calendar year the sum of |
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148 | 148 | | 121$15,000, and provided further the aggregate of such campaign contributions to any one such |
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149 | 149 | | 122political committee established pursuant to G.L. c. 52, §§2 and 3 shall not exceed in any one |
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150 | 150 | | 123calendar year the sum of $1,500; and provided further that the aggregate of contributions to a |
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151 | 151 | | 124political committee other than a political party committee shall not exceed in any one calendar |
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152 | 152 | | 125year the sum of $1,500. A political committee not organized on behalf of an individual |
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153 | 153 | | 126candidate, other than a political party committee, may contribute to the campaign fund of a |
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154 | 154 | | 127candidate; provided, however, that the aggregate of all such contributions for the benefit of any |
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155 | 155 | | 128one candidate and such candidate's committee shall not exceed the sum of $1,500 in any one |
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156 | 156 | | 129calendar year. The political committee of a political party may contribute to the campaign fund |
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157 | 157 | | 130of a candidate; provided, however, that the aggregate of all contributions of money for the |
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158 | 158 | | 131benefit of any one candidate and the non-elected political committee organized on such |
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159 | 159 | | 132candidate's behalf shall not exceed in any one calendar year the sum of $7,500 in the case of the |
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160 | 160 | | 133state committee and the sum of $1,500 in the case of each town or ward committee. For the |
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161 | 161 | | 134purposes of the limitations established by this section, all campaign contributions made by |
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162 | 162 | | 135political committees established, financed, maintained or controlled by any person, including any |
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163 | 163 | | 136parent committee of a subsidiary committee or any person other than a natural person, shall be |
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164 | 164 | | 137considered to have been made by a single political committee. Nothing in this section shall be 8 of 23 |
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165 | 165 | | 138construed to permit contributions to political committees which are otherwise prohibited by this |
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166 | 166 | | 139chapter. |
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167 | 167 | | 140 SECTION 19. Section 6A of said chapter 55, as so appearing, is hereby amended by |
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168 | 168 | | 141deleting the section in its entirety. |
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169 | 169 | | 142 SECTION 20. Section 7 of chapter 55, as so appearing, is hereby amended by deleting |
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170 | 170 | | 143the section in its entirety and inserting in its place the following: - |
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171 | 171 | | 144 Section 7. Receipts, disbursements and contributions regulated; limitations; penalties |
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172 | 172 | | 145 No person or combination of persons, including a corporation formed under the |
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173 | 173 | | 146provisions of chapter one hundred and eighty, shall in connection with any nomination or |
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174 | 174 | | 147election receive money or its equivalent, expend or disburse or promise to expend or disburse the |
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175 | 175 | | 148same, except as authorized by this chapter. A political committee or a person acting under the |
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176 | 176 | | 149authority or on behalf of such a committee may receive money or its equivalent, or expend or |
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177 | 177 | | 150disburse or promise to expend or disburse the same for the purpose of aiding or promoting the |
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178 | 178 | | 151success or defeat of a candidate at a primary or election or a political party or principle in public |
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179 | 179 | | 152election or favoring or opposing the adoption or rejection of a question submitted to the voters, |
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180 | 180 | | 153and for other purposes expressly authorized by this chapter subject, however, to the provisions |
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181 | 181 | | 154thereof. A candidate may make expenditures without limitation for the purposes of his own |
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182 | 182 | | 155campaign and may make campaign contributions without limitation for the benefit of the non- |
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183 | 183 | | 156elected political committee organized on his behalf. |
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184 | 184 | | 157 No candidate or candidate's committee shall receive a transfer of funds or assets from any |
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185 | 185 | | 158federal political committee. 9 of 23 |
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186 | 186 | | 159 Violation of any provision of this section or section seven A shall be punished by |
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187 | 187 | | 160imprisonment for not more than six months or by a fine of not more than five hundred dollars. |
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188 | 188 | | 161 SECTION 21. Section 7A of said chapter 55, as so appearing, is hereby amended by |
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189 | 189 | | 162striking from paragraph (a)(1) the numerals $1,000 and inserting in place thereof the following: - |
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190 | 190 | | 163$1,500 |
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191 | 191 | | 164 SECTION 22. Section 7A of said chapter 55, as so appearing, is hereby amended by |
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192 | 192 | | 165striking paragraph (a)(2) in its entirety and inserting in place thereof the following: - |
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193 | 193 | | 166 An individual may in addition make campaign contributions for the benefit of elected |
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194 | 194 | | 167political committees or non-elected political committees organized on behalf of a political party; |
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195 | 195 | | 168provided, however, that that the aggregate of such campaign contributions to any one such |
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196 | 196 | | 169political committee established pursuant to G.L. c. 52, §1 shall not exceed in any one calendar |
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197 | 197 | | 170year the sum of $15,000, and provided further the aggregate of such campaign contributions to |
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198 | 198 | | 171any one such political committee established pursuant to G.L. c. 52, §§2 and 3 shall not exceed |
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199 | 199 | | 172in any one calendar year the sum of $1,500. |
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200 | 200 | | 173 SECTION 23. Section 7A of chapter 55, as so appearing, is hereby amended by striking |
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201 | 201 | | 174from paragraph (a)(3) the words “five hundred dollars” and inserting in place thereof the |
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202 | 202 | | 175following: - $1,500 |
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203 | 203 | | 176 SECTION 24. Section 7A of chapter 55, as so appearing, is hereby amended by striking |
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204 | 204 | | 177from paragraph (b) the words “two hundred dollars” and inserting in place thereof the following: |
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205 | 205 | | 178- $500 10 of 23 |
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206 | 206 | | 179 SECTION 25. Section 7A of chapter 55, as so appearing, is hereby amended by striking |
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207 | 207 | | 180from paragraph (c) the numbers “$200” and inserting in place thereof the following: - $500 |
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208 | 208 | | 181 SECTION 26. Said chapter 55, as so appearing, is hereby amended by inserting after |
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209 | 209 | | 182section 7A the following section:- |
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210 | 210 | | 183 Section 7B. Using the federal consumer price index for the Boston statistical area, the |
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211 | 211 | | 184director shall biennially index for inflation the contribution and aggregate amount limits referred |
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212 | 212 | | 185to in sections 6 and 7A of this chapter. Not later than December 31st of each even numbered year |
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213 | 213 | | 186beginning with 2026, the director shall calculate and publish such indexed limits, rounded up to |
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214 | 214 | | 187the nearest $50; provided, however, that the director shall use the unrounded limits when |
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215 | 215 | | 188indexing the limits for inflation in the subsequent even numbered year. |
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216 | 216 | | 189 SECTION 27. Said chapter 55, as so appearing, is hereby amended by deleting Section |
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217 | 217 | | 1908A in its entirety. |
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218 | 218 | | 191 SECTION 28. Section 9 of said chapter 55, as so appearing, is hereby amended by |
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219 | 219 | | 192striking from the title of the section the words “$50 or”. |
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220 | 220 | | 193 SECTION 29. Section 9 of said chapter 55, as so appearing, is hereby amended by |
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221 | 221 | | 194striking from the first sentence the phrase “$50 in cash or $100 in money order or bank check” |
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222 | 222 | | 195and inserting in its place the following: - $100 in cash, money order or bank check. |
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223 | 223 | | 196 SECTION 30. Section 9 of said chapter 55, as so appearing, is hereby amended by |
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224 | 224 | | 197striking from the sixth sentence the numbers “$50” and inserting in its place the following: - |
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225 | 225 | | 198$100. 11 of 23 |
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226 | 226 | | 199 SECTION 31. Section 13 of said chapter 55, as so appearing, is hereby amended by |
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227 | 227 | | 200striking the first sentence in their entirety and inserting in their place the following: - |
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228 | 228 | | 201 No person employed for compensation, other than an elected officer, by the |
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229 | 229 | | 202commonwealth or any county, city or town shall directly or indirectly solicit or receive any gift, |
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230 | 230 | | 203payment, contribution, assessment, subscription or promise of money or other thing of value for |
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231 | 231 | | 204the political campaign purposes of any candidate for public office or of any political committee, |
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232 | 232 | | 205or for any political purpose whatever. This prohibition shall not apply to any person when on an |
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233 | 233 | | 206uncompensated leave of absence from such position or to a member of the National Guard when |
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234 | 234 | | 207not on active duty. This section shall not prevent such persons from being members of political |
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235 | 235 | | 208organizations or committees. A person so employed may not serve as the treasurer of a political |
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236 | 236 | | 209committee. The soliciting or receiving of any gift, payment, contribution, assessment, |
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237 | 237 | | 210subscription or promise of money or other thing of value by a non-elected political committee |
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238 | 238 | | 211organized to promote the candidacy for public office of a person so employed for compensation |
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239 | 239 | | 212by the commonwealth or any county, city or town, shall not be deemed to be a direct or indirect |
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240 | 240 | | 213solicitation or receipt of such contribution by such person; provided, however, that no such gift, |
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241 | 241 | | 214payment, contribution, assessment, subscription or promise of money or other thing of value may |
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242 | 242 | | 215be solicited or received on behalf of such a person from any person or combination of persons if |
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243 | 243 | | 216such person so employed knows or has reason to know that the person or combination of persons |
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244 | 244 | | 217has an interest in any particular matter in which the person so employed participates or has |
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245 | 245 | | 218participated in the course of such employment or which is the subject of his official |
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246 | 246 | | 219responsibility. |
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247 | 247 | | 220 SECTION 32. Section 14 of said chapter 55, as so appearing, is hereby amended by |
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248 | 248 | | 221striking out the first paragraph and inserting in place thereof the following: 12 of 23 |
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249 | 249 | | 222 Section 14. No person shall in any building or part thereof occupied for state, county or |
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250 | 250 | | 223municipal purposes demand, solicit or receive any payment or gift of money or other thing of |
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251 | 251 | | 224value for the purposes set forth in section 13 of this chapter; provided, however, that this section |
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252 | 252 | | 225shall not apply to an individual, candidate, political committee or a person acting on behalf of |
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253 | 253 | | 226such individual, candidate or political committee, that rents or leases a portion of a building |
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254 | 254 | | 227occupied for state, county or municipal purposes, other than the state house or a city or town hall, |
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255 | 255 | | 228for the purpose of holding a meeting, fundraiser, or similar event on the same terms and |
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256 | 256 | | 229conditions as offered to a member of the public; and provided further, that no government |
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257 | 257 | | 230business is conducted in that portion of the building during the meeting, fundraiser, or event. |
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258 | 258 | | 231 SECTION 33. Said section 18 of said chapter 55, as so appearing, is hereby amended by |
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259 | 259 | | 232striking out the phrase “January 20” wherever it may appear and inserting in place thereof the |
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260 | 260 | | 233phrase “January 31”. |
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261 | 261 | | 234 SECTION 34. Said Section 18 of chapter 55, as so appearing, is hereby amended by |
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262 | 262 | | 235striking out paragraph (a)(1)(i) in its entirety and inserting in its place the following: |
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263 | 263 | | 236 (i) the eighth day preceding a city or town preliminary or primary, including a caucus, the |
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264 | 264 | | 237eighth day preceding a city or town election, and if a town election held on or after November 1 |
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265 | 265 | | 238or city election, as a final report, January 20 in the following year complete as to December 31 of |
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266 | 266 | | 239the prior year, and all other town elections, as a final report, the thirtieth day following said |
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267 | 267 | | 240election; |
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268 | 268 | | 241 SECTION 35: Section 18 of said chapter 55, as so appearing, is hereby amended by |
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269 | 269 | | 242striking from paragraph (e)(2) the numbers “$50” wherever they appear and inserting in its place |
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270 | 270 | | 243the following: - $100. 13 of 23 |
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271 | 271 | | 244 SECTION 36: Section 18 of said chapter 55, as so appearing, is hereby amended by |
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272 | 272 | | 245striking from paragraph (e)(8) the numbers “$50” and inserting in its place the following: - $100. |
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273 | 273 | | 246 SECTION 37: Section 18 of said chapter 55, as so appearing, is hereby amended by |
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274 | 274 | | 247striking from paragraph (f) the numbers “$50” wherever they appear and inserting in its place the |
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275 | 275 | | 248following: - $100. |
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276 | 276 | | 249 SECTION 38. Section 18A of said chapter 55, as so appearing, is hereby amended by |
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277 | 277 | | 250striking out the phrase “after the tenth day, but more than 24 hours before the date of any |
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278 | 278 | | 251election,” and inserting in place thereof the following:- |
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279 | 279 | | 252 after the tenth day before the date of the election and up through the date of the election. |
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280 | 280 | | 253 SECTION 39. Said section 18A of said chapter 55, as so appearing, is hereby further |
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281 | 281 | | 254amended by striking out subsection (d) and inserting in place thereof the following:- |
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282 | 282 | | 255 (d) For the purposes of this section, an ''independent expenditure PAC'' shall be a political |
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283 | 283 | | 256committee or other entity that receives contributions to make independent expenditures. An |
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284 | 284 | | 257independent expenditure PAC shall organize in accordance with section 5 of this chapter and |
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285 | 285 | | 258shall, if organized with the director, appoint a depository bank in accordance with section 19 of |
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286 | 286 | | 259this chapter. An independent expenditure PAC that organizes and files reports with the director |
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287 | 287 | | 260shall file reports in accordance with the schedule set forth in section 19(b)(2) of this chapter. An |
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288 | 288 | | 261independent expenditure PAC that organizes and files reports with a city or town clerk shall file |
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289 | 289 | | 262reports in accordance with the schedule set forth in section 18(a)(1) of this chapter. |
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290 | 290 | | 263 In addition to any reports required by sections 18 or 19 of this chapter, the independent |
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291 | 291 | | 264expenditure PAC shall file reports as required by subsections (a) and (b) of this section. Such 14 of 23 |
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292 | 292 | | 265reports shall be filed with the director if the independent expenditure PAC is organized with the |
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293 | 293 | | 266office of campaign and political finance, or with the city or town clerk if organized with the |
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294 | 294 | | 267clerk. Reports filed pursuant to subsections (a) and (b) of this section shall disclose contributions |
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295 | 295 | | 268received, expenditures made and liabilities incurred during the reporting period. The reporting |
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296 | 296 | | 269period for the first report filed by an independent expenditure PAC pursuant to subsections (a) or |
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297 | 297 | | 270(b) of this section shall commence on the day the independent expenditure PAC was organized |
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298 | 298 | | 271and shall be complete through the date of the latest expenditure disclosed in the report. The |
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299 | 299 | | 272reporting period for the next report shall commence on the date following the last date included |
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300 | 300 | | 273in the previous report filed pursuant to subsections (a) or (b) of this section and shall be complete |
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301 | 301 | | 274through the date of the latest expenditures disclosed in the report. An independent expenditure |
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302 | 302 | | 275PAC shall also file a year-end report by January 31 of each year the independent expenditure |
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303 | 303 | | 276PAC remains in existence and shall file a final report upon dissolution. The reporting period for |
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304 | 304 | | 277the year-end report shall be cumulative for the calendar year, commencing on January 1 and |
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305 | 305 | | 278ending on December 31 of each calendar year. The director shall adopt regulations regarding |
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306 | 306 | | 279independent expenditure PACs. |
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307 | 307 | | 280 SECTION 40. Section 18A(d) of said chapter 55, as so appearing, is hereby amended by |
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308 | 308 | | 281striking out the phrase “January 20” and inserting in place thereof the phrase “January 31”. |
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309 | 309 | | 282 SECTION 41. Section 18B of said chapter 55, as so appearing is hereby amended by |
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310 | 310 | | 283deleting the section in its entirety. |
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311 | 311 | | 284 SECTION 42. Section 18C of said chapter 55, as so appearing, is hereby amended by |
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312 | 312 | | 285striking Paragraph (a) in its entirety and inserting in its place the following: - 15 of 23 |
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313 | 313 | | 286 (a) The director shall develop an electronic reporting system for the submission, retrieval, |
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314 | 314 | | 287storage and public disclosure of campaign finance reports and financial activity statements |
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315 | 315 | | 288required to be filed with the director. The director shall make all the data filed available on the |
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316 | 316 | | 289internet except for the building number and street name of any person or entity listed as having |
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317 | 317 | | 290made a political contribution to the candidate or political committee filing the report. The |
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318 | 318 | | 291address information suppressed must remain available on the report maintained in the director’s |
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319 | 319 | | 292office but shall not be available as a public record. |
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320 | 320 | | 293 SECTION 43. Section 18C of said chapter 55, as so appearing, is hereby amended by |
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321 | 321 | | 294deleting Paragraph (b)(viii) in its entirety. |
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322 | 322 | | 295 SECTION 44. Section 18D of said chapter 55, as so appearing, is hereby amended by |
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323 | 323 | | 296deleting the section in its entirety. |
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324 | 324 | | 297 SECTION 45. Section 18E of said chapter 55, as so appearing, is hereby amended by |
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325 | 325 | | 298deleting from (b) the numbers “$50” and inserting it its place the following: - $100. |
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326 | 326 | | 299 SECTION 46. Said section 19 of chapter 55, as so appearing, is hereby further amended |
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327 | 327 | | 300by striking from the first sentence in paragraph (a) the words “the treasurers of people's |
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328 | 328 | | 301committees and political action committees that file with the director other than independent |
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329 | 329 | | 302expenditure PACs” and inserting in its place the following: - |
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330 | 330 | | 303 the treasurers of people's committees, political action committees and independent |
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331 | 331 | | 304expenditure PACs that file with the director. 16 of 23 |
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332 | 332 | | 305 SECTION 47. Said section 19 of said chapter 55, as so appearing, is hereby further |
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333 | 333 | | 306amended by striking out the word “and” in line 47 and inserting after the word “report” in line 48 |
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334 | 334 | | 307the following:- |
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335 | 335 | | 308 ; (iv) a list of all in-kind contributions of more than $50 received as of the last day of the |
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336 | 336 | | 309preceding month and since the last statement, including an alphabetical list of names and |
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337 | 337 | | 310addresses of each person making such contribution, the date received, the type of in-kind |
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338 | 338 | | 311contribution and the value of the in-kind contribution; and (v) a list of new liabilities incurred as |
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339 | 339 | | 312of the last day of the preceding month, including the name and address of the person to whom |
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340 | 340 | | 313the liability exists, together with a clear statement of purpose for which it was incurred. |
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341 | 341 | | 314 SECTION 48. Section 19 of said chapter 55, as so appearing, is hereby further amended |
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342 | 342 | | 315by striking out subsection (c) and inserting in place thereof the following subsection: - |
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343 | 343 | | 316 (c) Except as otherwise provided in this section, all payments for campaign purposes |
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344 | 344 | | 317made by or for the benefit of a candidate or by the treasurer of a political committee which are in |
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345 | 345 | | 318excess of $100 shall be made only from funds on deposit in the depository through checks drawn |
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346 | 346 | | 319on the depository and indicating that the checks are drawn on the campaign account of the |
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347 | 347 | | 320candidate or the political committee involved, or in another form as permitted by this section. All |
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348 | 348 | | 321checks drawn on the campaign account shall be payable to the order of a named payee. The |
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349 | 349 | | 322memo line of the check shall be used by the political committee issuing the check to indicate the |
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350 | 350 | | 323specific purpose of the expenditure. A political action committee or political party committee |
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351 | 351 | | 324making an expenditure to support or oppose a candidate shall identify the candidate on the check. |
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352 | 352 | | 325 Notwithstanding the restrictions in the paragraph above, a committee may reimburse |
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353 | 353 | | 326individuals, including the candidate or treasurer, in amounts greater than $100; provided, 17 of 23 |
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354 | 354 | | 327however, that the reimbursement amounts shall not be more than $1,000; and provided further, |
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355 | 355 | | 328that the committee complies with the following requirements: (i) reimbursements shall be made |
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356 | 356 | | 329to individuals not later than thirty days after the date of the first reimbursed expenditure; (ii) |
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357 | 357 | | 330reimbursement reports shall be filed within three days of the reimbursement check being issued |
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358 | 358 | | 331to disclose underlying expenditures; (iii) no person who is authorized to make expenditures for a |
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359 | 359 | | 332committee may write a check payable to themself; (iv) detailed records including receipts for |
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360 | 360 | | 333reimbursed expenditures shall be maintained; and (v) if a reimbursement is not made consistent |
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361 | 361 | | 334with this paragraph the expenditure shall be deemed an in-kind contribution or loan by the |
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362 | 362 | | 335individual and subject to all contribution restrictions. |
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363 | 363 | | 336 A candidate or treasurer of a political committee required to designate a depository may |
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364 | 364 | | 337make expenditures by wire transfer, electronic fund transfer or other electronic means, credit |
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365 | 365 | | 338card or debit card; provided, however, that a candidate or treasurer making an expenditure shall |
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366 | 366 | | 339ensure that the date, amount and specific purpose of the expenditure is disclosed in accordance |
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367 | 367 | | 340with regulations established by the director; and provided further, that a candidate or a treasurer |
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368 | 368 | | 341of a candidate's committee for nomination or election to the state senate or house of |
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369 | 369 | | 342representatives shall provide such disclosures on the same schedule as set forth in paragraph (3) |
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370 | 370 | | 343of subsection (b). |
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371 | 371 | | 344 SECTION 49. Section 19 of said chapter 55, as so appearing, is hereby amended by |
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372 | 372 | | 345striking out the phrase “January 20” wherever it may appear and inserting in place thereof the |
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373 | 373 | | 346phrase “January 31”. 18 of 23 |
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374 | 374 | | 347 SECTION 50. Section 19 of said chapter 55, as so appearing, is hereby amended by |
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375 | 375 | | 348striking the numbers “$50” wherever they may appear and inserting in its place the following: - |
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376 | 376 | | 349$100. |
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377 | 377 | | 350 SECTION 51. Section 22 of chapter 55, as so appearing, is hereby amended by striking |
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378 | 378 | | 351out in the third paragraph the phrase “(4) the twentieth day of January” and inserting in its place |
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379 | 379 | | 352the phrase “January 31”. |
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380 | 380 | | 353 SECTION 52. Section 22 of chapter 55, as so appearing, is hereby amended by striking |
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381 | 381 | | 354out in the fourth paragraph in its entirety and inserting in its place the following: - |
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382 | 382 | | 355 If the question appears on ballots at a city or town election or appears on ballots for use in |
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383 | 383 | | 356a city or town at a state election, such report shall be filed with the city or town clerk as follows: |
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384 | 384 | | 357(1) The eighth day preceding a city or town election, and if a town election held on or after |
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385 | 385 | | 358November 1 or city election, as a final report, January 31 in the following year complete as to |
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386 | 386 | | 359December 31 of the prior year, and all other town elections, as a final report, the thirtieth day |
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387 | 387 | | 360following said election; |
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388 | 388 | | 361 SECTION 53. Section 22 of chapter 55, as so appearing, is hereby amended by deleting |
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389 | 389 | | 362the third sentence from the fifth paragraph in its entirety. |
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390 | 390 | | 363 SECTION 54. Said chapter 55, as so appearing, is hereby amended by inserting after |
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391 | 391 | | 364section 22A the following section: - |
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392 | 392 | | 365 Section 22B: Persons or corporations making contributions or expenditures to influence |
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393 | 393 | | 366town warrant articles; filing reports with clerk; penalties. 19 of 23 |
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394 | 394 | | 367 (a) Terms used in this section shall be construed as follows unless a contrary intention |
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395 | 395 | | 368clearly appears:- |
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396 | 396 | | 369 “Article”, subjects to be acted upon at a town meeting as referenced in a warrant. |
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397 | 397 | | 370 “Town Meeting”, an annual town meeting or special town meeting called pursuant to |
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398 | 398 | | 371chapter 39, section 9. |
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399 | 399 | | 372 “Warrant”, the call of a town meeting pursuant to chapter 39, section 10. |
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400 | 400 | | 373 (b) Any person, corporation, association, organization or other group of persons, which |
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401 | 401 | | 374has given, paid, or expended, or promised to give, pay or expend, any money or other thing of |
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402 | 402 | | 375value of $1,000 or more in the aggregate in order to influence or affect an article on a warrant or |
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403 | 403 | | 376the vote on any article at a town meeting, shall file reports on a form as prescribed by the |
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404 | 404 | | 377director. The form shall include the date each expenditure was made or liability incurred; the |
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405 | 405 | | 378purpose of the expenditure or liability; the amount of the expenditure; the full name and address |
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406 | 406 | | 379of the person to whom each expenditure was made or liability incurred; the full name and |
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407 | 407 | | 380address of the person, corporation, association, organization or the members of other group of |
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408 | 408 | | 381persons by whom such expenditure was made or liability incurred; and for each gift, payment or |
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409 | 409 | | 382contribution received to make the expenditure or incur the liability (1) the date of receipt; (2) the |
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410 | 410 | | 383amount; and (3) the full name and address from whom each gift, payment or contribution was |
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411 | 411 | | 384received. |
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412 | 412 | | 385 (c) Such reports shall be filed with the town clerk as follows: (i) on the fifth day of each |
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413 | 413 | | 386month for any contributions received or expenditures made in the preceding month through the |
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414 | 414 | | 387last day of the preceding month; (ii) on the fifth day preceding a town meeting complete as to the 20 of 23 |
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415 | 415 | | 388seventh day preceding the town meeting; and (iii) as a final report, on the thirtieth day following |
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416 | 416 | | 389a town meeting. |
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417 | 417 | | 390 (d) This section shall not prohibit any officer, employee or agent of the commonwealth or |
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418 | 418 | | 391its subdivisions from acting in their official capacity or private capacity relative to an article on a |
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419 | 419 | | 392warrant. |
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420 | 420 | | 393 (e) Violation of any provision of this section shall be punished by imprisonment for not |
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421 | 421 | | 394more than one year, or by a fine of not more than $1,000, or both. |
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422 | 422 | | 395 SECTION 55. Section 25 of chapter 55, as so appearing, is hereby amended by striking |
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423 | 423 | | 396out the first paragraph and inserting in place thereof the following: - |
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424 | 424 | | 397 The director shall retain all statements and reports filed with the office under the |
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425 | 425 | | 398provisions of this chapter by candidates and their committees until December 31st of the |
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426 | 426 | | 399fifteenth year following the date that the statement or report was filed. |
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427 | 427 | | 400 SECTION 56. Section 42 of Chapter 10 of the General Laws, as so appearing in the 2020 |
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428 | 428 | | 401Official Edition, is hereby amended by striking the section in its entirety and inserting in its place |
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429 | 429 | | 402the following: - |
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430 | 430 | | 403 Section 42: Local Election Early Voting Fund |
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431 | 431 | | 404 Section 42. There shall be established on the books of the commonwealth a separate fund |
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432 | 432 | | 405to be known as the Local Election Early Voting Fund, consisting of all revenues received under |
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433 | 433 | | 406section 6C of chapter 62, and all other monies credited or transferred to the fund from any other |
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434 | 434 | | 407fund or source pursuant to law. 21 of 23 |
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435 | 435 | | 408 The state treasurer shall deposit the fund in accordance with section 34 of chapter 29 in |
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436 | 436 | | 409such manner as will secure the highest interest rate available consistent with safety of the fund. |
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437 | 437 | | 410 The local election early voting fund shall be expended by the secretary of the |
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438 | 438 | | 411commonwealth in the form of grants to local communities for payment of costs related to |
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439 | 439 | | 412elections, including, but not limited to, election worker payroll, equipment, voter education, |
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440 | 440 | | 413vote-by-mail, early voting, printing, and postage, incurred by the city or town for primary |
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441 | 441 | | 414elections, preliminary elections, state elections, local elections, special primary elections, special |
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442 | 442 | | 415preliminary elections, special state elections and special local elections. |
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443 | 443 | | 416 The amount of each grant shall be calculated by dividing the total number of registered |
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444 | 444 | | 417voters in the municipality as of the first day of February of each year by the total number of |
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445 | 445 | | 418registered voters in the commonwealth as of the first day of February each year and then |
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446 | 446 | | 419multiplying the total funds available in the Fund as of the first day of May each year by the |
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447 | 447 | | 420resulting percentage, provided that no city or town shall receive more than three percent of the |
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448 | 448 | | 421available funds. The funds may be used by the local election official in the municipality for the |
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449 | 449 | | 422costs permitted herein without further appropriation. |
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450 | 450 | | 423 The funds shall be disbursed by the thirty-first day of July each year to be expended |
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451 | 451 | | 424during that fiscal year. Any funds received will be deducted from funds found by the State |
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452 | 452 | | 425Auditor to be due pursuant to the community Local Mandate Law, G.L. c. 29, § 27C. |
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453 | 453 | | 426 The secretary of the commonwealth shall promulgate regulations as necessary for the |
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454 | 454 | | 427administration of the local election early voting fund. |
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455 | 455 | | 428 SECTION 57. Sections 42A, 42B and 42C of said Chapter 10, as appearing, are hereby |
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456 | 456 | | 429repealed. 22 of 23 |
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457 | 457 | | 430 SECTION 58. Section 6C of Chapter 62 of the General Laws, as appearing in the 2020 |
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458 | 458 | | 431Official Edition, is hereby amended by striking the section in its entirety and inserting in its place |
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459 | 459 | | 432the following: - |
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460 | 460 | | 433 Section 6C: Massachusetts Local Election Early Voting Fund; voluntary contributions |
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461 | 461 | | 434 Section 6C. Every individual who files a separate return may voluntarily contribute one |
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462 | 462 | | 435dollar to be paid over to the Local Election Early Voting Fund, established by section forty-two |
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463 | 463 | | 436of chapter ten. In the case of a joint return, each spouse may voluntarily contribute one dollar to |
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464 | 464 | | 437said fund. A credit in the full amount of any contribution under this section shall be allowed |
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465 | 465 | | 438against the tax imposed by this chapter; provided, that for any such return no such credit shall |
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466 | 466 | | 439exceed the income tax liability for any taxable year. |
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467 | 467 | | 440 A contribution made under this section may be made with respect to any taxable year at |
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468 | 468 | | 441the time of filing the return of the tax imposed by this chapter for such taxable year; provided, |
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469 | 469 | | 442however, that the commissioner shall prescribe the manner in which such contribution shall be |
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470 | 470 | | 443made on the face of the return required by section five of chapter sixty-two C. |
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471 | 471 | | 444 The provisions of this section shall apply only to residents required to file a return under |
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472 | 472 | | 445this chapter. |
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473 | 473 | | 446 For purposes of this section the words ''income tax liability for any taxable year'' shall |
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474 | 474 | | 447mean the amount of tax imposed by this chapter reduced by sum of the credits allowed by clause |
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475 | 475 | | 448(a) of section six. |
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476 | 476 | | 449 SECTION 59. Chapter 55C, as appearing, is hereby repealed in its entirety. 23 of 23 |
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477 | 477 | | 450 SECTION 60. Any funds remaining in the State Election Campaign Fund established |
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478 | 478 | | 451pursuant to Section 42 of Chapter 10 on the effective date of this Act shall be deposited in the |
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479 | 479 | | 452Local Election Early Voting Fund. |
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