Current through Register 1536, December 6, 2024
Section 1.23 - Additional Rules Relating to Disclosure by Depository Committees(1)Filing of Deposit Reports. A separate deposit report is required for each deposit. Multiple reports may, however, be filed on the same date. Deposit reports may be filed prior to the date such filings are due.(2)Filing of Initial Reports, Transition-In and Transition-Out Reports, External Activity Reports, and Itemization Reports. Committees that file with OCPF in the depository system must file these reports, which are defined in 970 CMR 1.17.(3)Disclosure Schedule for Legislative and Mayoral Special Election Candidates. Legislative and mayoral special election candidates must clarify expenditures, and file any required credit card, subvendor, reimbursement, and payroll reports no later than eight days before the special primary, eight days before the special election, and 30 days after the special election. The post-election report must, in addition to disclosing monetary contributions and expenditures, also disclose outstanding liabilities and in-kind contributions received.(4)Candidates for Legislative Office Who Concurrently become Candidates for Other Depository Office. Since committees organized on behalf of candidates for legislative office are required by M.G.L. c. 55, § 19 to file deposit reports and clarify bank reports according to a schedule that differs from the schedule applicable to other committees that file in the depository system, the following rules apply to candidates who change the office sought from one type of depository reporting schedule to the other, or who are seeking office for both legislative and other depository office concurrently: (a)Filing of Change of Purpose Form - the General Rule. When a candidate's committee files a Change of Purpose form with OCPF, the committee is required, after the filing of the Change of Purpose form, to file reports according to the schedule applicable for the new office sought. Example 1: if a candidate for mayor (required to file monthly) files a change of purpose reflecting a new purpose of running for the state legislature (required to file quarterly in odd numbered years and five times a year in even numbered years), the frequency for required filing changes from monthly to the schedule applicable for legislative candidates as of the month following the filing of the Change of Purpose form. Example 2: if a candidate for the state legislature files a change of purpose reflecting a new purpose of running for state constitutional office (required to file monthly reports), the frequency required for filing changes to monthly as of the month following the change of purpose.(b)Reversion to Initial Schedule after Election. If an incumbent candidate files a change of purpose to seek election for a depository office with a different schedule and is unsuccessful in the election for the new office, the candidate's filing schedule reverts to the schedule applicable to the office the candidate holds, as of January 1st following the date of the election (or, as of the beginning of the first month after a special election if the candidate was unsuccessful in a special election). For example, if an incumbent state legislator files a change of purpose reflecting a new purpose of running for statewide or county office and the candidate is not successful in the election held for statewide or county office, but continues as a state legislator after the election for statewide or county office, the candidate's committee files on a monthly basis while running for statewide or county office (between the filing of the Change of Purpose and December 31st after a regularly scheduled state election). Starting January 1st, however, the candidate's committee files on the schedule applicable for legislative candidates, and the committee continues to file on the legislative schedule during the period the candidate remains an incumbent legislator.(c)Seeking Both Legislative and Other Depository Office Concurrently. If a candidate seeks both legislative and other depository office concurrently, the required filing schedule is determined by which election will occur next. The filing schedule reverts to the other schedule as of the first day of the month following the first election.Adopted by Mass Register Issue 1465, eff. 3/18/2022.