Bill H.591

HOUSE DOCKET, NO. 1405 FILED ON: 1/13/2009

HOUSE . . . . . . . . . . . . . . . No. 591

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to electioneering communications and independent expenditures..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 1 of chapter 55 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting, after the definition of “Contribution,” the following definition:-

“Clearly identified candidate,” a candidate whose name, photo or image appears in a communication or a candidate whose identity is apparent by unambiguous reference in a communication.

SECTION 2. Section 1 of chapter 55 of the General Laws, as so appearing, is hereby further amended by inserting, after the definition of “Election,” the following

definition:-

“Electioneering communication,” shall mean any broadcast, cable, mail, satellite, or print communication that fulfills each of the following conditions:

a) the communication refers to a clearly identified candidate; and

b) the communication is publicly distributed 90 days prior to an election in which the candidate is seeking election or reelection.

The following communications are exempt from the definition of “electioneering communication”:

a) a communication that is disseminated through a means other than a broadcast station, radio station, cable television system or satellite system, newspaper, magazine, periodical, or billboard advertisement, or mail to less than 100 recipients;

b) a news story, commentary, letter to the editor, news release, column, op-ed, or editorial broadcast by a television station, radio station, cable television system or satellite system, or printed in a newspaper, magazine, or other periodical in general circulation;

c) expenditures or independent expenditures or contributions that must otherwise be reported under this chapter;

d) a communication from a membership organization exclusively to its members and their families, otherwise known as a membership communication;

e) bonafide candidate debates or forums and advertising or promotion of the same; and

f) internet or email.

SECTION 3. Section 1 of chapter 55 of the General Laws, as so appearing, is hereby further amended by inserting, after the definition of “Expenditure,” the following definition:-

“Independent Expenditure,” shall mean an expenditure by an individual, group, or association, not defined as a political committee, expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with any candidate, or a nonelected political committee organized on behalf of a candidate, or any agent of a candidate and which is not made in concert with, or at the request or suggestion of, any candidate, or any nonelected political committee organized on behalf of a candidate or agent of such candidate.

SECTION 4. Section 8 of said chapter 55, as so appearing, is hereby amended by inserting after the second paragraph the following new paragraph:-

No person or persons, group or association not defined as a political committee, shall solicit or receive from such corporation or such holders of stock any gift, payment, expenditure, contribution or promise to give, pay, expend or contribute for use for an electioneering communication or communications, nor shall such corporation directly or indirectly give, pay, expend or contribute, or promise to give, pay, expend or contribute, any money or other valuable thing for the purpose of making an electioneering communication except for a voter guide or questionnaire where all candidates running for the same office are asked the same question or questions and where all such candidates are given an equal opportunity to respond to each question or questions, provided that said questionnaire or guide does not contain additional language, images, or symbols, conveying support or opposition to the opinions of the candidates.

SECTION 5. Chapter 55 is hereby amended by striking out Section 18A, as so appearing, and inserting in place thereof the following section:-

Section 18A. Every individual, group or association not defined as a political committee, who makes an independent expenditure or expenditures in an aggregate amount exceeding $250 during any calendar year for the express purpose of promoting the election or defeat of any candidate or candidates shall file with the director, or with the city or town clerk if such candidate or candidates seek public office at a city or town election and is a non-depository candidate, within seven business days after making such independent expenditure or expenditures, on a form prescribed by the director, a report stating the name and address of the individual, group or association making the expenditure or expenditures; the name of the candidate or candidates whose election or defeat the expenditure promoted; the name and address of the person or persons to whom the expenditure or expenditures were made; and the total amount or value; the purpose and the date of the expenditure or expenditures.

Any person, group or association that makes or contracts to make independent expenditures aggregating $1,000 or more within seven days prior to the date of an election shall file a report containing the information required by this section within 24 hours of making such expenditure.

Violation of any provision of this section or section 18C shall be punished by imprisonment for not more than one year or by a fine of not more than $10,000.

SECTION 6. Section 18C of Chapter 55, as so appearing, is amended by inserting, in line 19, after the figure “$10,000” the following:

(4) Every individual, group, or association who makes an independent expenditure or electioneering communication expenditure in an aggregate amount exceeding $250 during any calendar year.

SECTION 7. Said chapter 55, as so appearing, is hereby amended by inserting after section 18C the following new section:-

Section 18D. Every individual, group or association not defined as a political committee, who makes an electioneering communication expenditure or expenditures, in an aggregate amount exceeding $250, shall file with the director, or with the city or town clerk if such candidate or candidates seek public office at a city or town election and is a non-depository candidate, within seven days after making such an expenditure, a report electronically to the office of campaign and political finance stating the name and address of the individual, group or association making the electioneering communication; the name of the candidate or candidates clearly identified in the communication; the total amount or value of the communication; the name and address of the vendor to whom the payments are made; and the purpose and date of the expenditure or expenditures.

Any person, group or association that makes or contracts to make electioneering communications aggregating $1,000 or more within seven days prior to the date of an election shall file a report containing the information required by this section within 24 hours of making such expenditure.

Violation of any provision of this section shall be punished by imprisonment for not more than one year or by a fine of not more than $10,000.

SECTION 8. Section 24 of said chapter 55, as so appearing, is amended, in line 14, by striking the following:- “director.” and inserting in place there of the following:- director, including all statements required to be filed by sections 18A and 18D regardless of the office sought.

SECTION 7. Chapter 56, as so appearing, is amended by striking out section 39 and inserting in place thereof the following section:-

Section 39. No person, group, organization or association shall publish or broadcast or cause to be published or broadcast in a newspaper, periodical, radio broadcast, television broadcast, including cable or other means of electronic dissemination, any paid advertisement designed or tending to aid, injure, or defeat any candidate for public office or any question submitted to the voters, unless the name of the person, group, or organization paying for such advertisement appears therein in the case of any of the aforementioned visual media in a clearly visible and prominent typeface and in the case of a radio broadcast clearly audible statement; provided however, that a duly authorized agent 18 years of age or older has signed his name in the presence of a witness to the following statement authorizing the insertion or broadcast of such advertisement. The statement shall be retained by the newspaper, periodical, radio broadcast, television broadcast, including cable, for not less than one year, shall be available to any person upon request, and shall be in substantially the following form:

I hereby authorize the affixing of my/our name to the attached political advertisement on behalf of ____________ or in opposition to ______________, candidate for ___________in the election to be held in the current year, or on behalf of or in opposition to a question being submitted to the voters in the election in the current year.

Witness:

Signature:

Address:

Date:

Organization or group:

Chairman and Treasurer:

Statement of group interests and/or mission that clearly identifies the economic or other special interest or employer, if identifiable, of a majority of its organizers or contributors: