DEFINITION OF A PUBLIC EMPLOYEE
M.G.L. Chapter 55, Section 13 states that a person who is employed for compensation by the Commonwealth or any county, city or town
(other than an elected official) may not directly or indirectly solicit or receive political contributions. Such persons may not serve as treasurers
of any political committee. If you are unsure of your status, please contact OCPF for further guidance.
SELECTED EXTRACTS FROM M.G.L C. 55
Section 1 defines a candidate's committee:
"Candidate's committee", the political committee organized on behalf of a candidate .... The term "candidate's committee" shall also apply to
the campaign fund of a candidate who has not organized a political committee for the purpose of carrying out the election campaign of such
candidate or who receives contributions or makes expenditures independently of said committee.
Section 2 requires candidates to keep certain records:
Every candidate shall keep detailed accounts of all contributions received by him, or by a person acting on his behalf and of all expenditures
made by him, or by a person acting on his behalf. Said accounts may be kept by an agent duly authorized thereto, but the candidate shall be
responsible for said accounts, which shall be kept separate and distinct from all other accounts and shall include contributions made by the
candidate .... The candidate shall preserve all receipted bills and accounts relative to all contributions received, expenditures made and any
other campaign finance activity. ...The candidate shall preserve said receipted bills and accounts for six years from the date of the relevant
election....
Section 3 requires the director to:
"assess a civil penalty for any [late filed] report ... of twenty-five dollars ($25) per day .... [up to $5,000 per report]. In the case of failure to
file by a candidate or a candidate's committee, the civil penalty shall be assessed against the candidate ....
Section 5 outlines statements of organization of political committees:
Each political committee shall organize by filing with the director or, if organized for the purpose of a city or town election only, with the city
or town clerk, a statement of organization.
The statement of organization shall include: (1) the full name of the political committee, which, if organized on behalf of a candidate, shall
include the name of the candidate in said name; .... (2) the address of the political committee; (3) a statement of the purpose for which the
political committee is organized .... (4) the name and residential address of the chairman and the treasurer; (5) the name, residential address,
and position of other principal officers, including officers and members of the finance committee, if any, and; (6) the name and address, if
known, and party affiliation of each candidate the political committee is supporting; provided, however, that if a candidate is nominated
without reference to a political party, the name of his political party shall not be required ....
Any change in information previously submitted in a statement of organization shall be reported to the director, or if organized for the
purpose of a city or town election only, to the city or town clerk, within ten days following the change.
Each political committee shall have a treasurer who shall qualify for his office by filing a written acceptance thereof with the director, or if
organized for the purpose of a city or town election only, with the city or town clerk. Said treasurer shall remain subject to all the duties and
liabilities imposed by this chapter until his written resignation of the office is received or his successor's written acceptance is filed as
aforesaid. No person acting under the authority of, or on behalf of, any political committee shall receive any money or anything of value, or
expend or disburse the same, or incur expenses while it has no treasurer qualified as aforesaid ....
Each treasurer of a political committee shall keep and preserve detailed accounts, vouchers and receipts as prescribed for a candidate by the
provisions of section two. Each treasurer of a political committee shall keep said records for a period of six years following the date of the
relevant election ....
No expenditure shall be made for, or on behalf of, a political committee without the authorization of the chairman or treasurer, or their
designated agents ....
All funds of a political committee shall be kept separate from any personal funds of officers, members or associates of such committee ....
IMPORTANT: M.G.L. c. 55, s. 5 requires that any changes in the information provided on this form shall be filed within ten (10)
days of said change. Further information can be obtained from OCPF by phone at (617) 979-8300, via e-mail at ocpf@cpf.state.ma.us
or on the web at http://www.mass.gov/ocpf.
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