SENATE DOCKET, NO. 960        FILED ON: 1/13/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 363

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to independent campaign expenditures and electioneering communications..

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 18A of chapter 55 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-

            Every individual, group or association not defined as a political action committee, who makes an independent expenditure or expenditures in an aggregate amount exceeding one hundred dollars during any calendar year to produce and disseminate candidate-specific issue advertising or other electioneering communications that advocate, either directly or indirectly, the election or defeat of any candidate or candidates, shall file a report with the director, or with the city or town clerk if such candidate seeks public office at a city or town election, within seven business days after making such independent expenditure or expenditures. For the purposes of this section, the term “electioneering communication” shall mean a public communication, whether in print, broadcast or electronic form, that is released within 30 days of a primary and within 60 days of a general election and seeks to: influence the selection, nomination, election or appointment of one or more candidates to state or local offices; influence one or more state or local ballot initiatives, state or local referenda, state or local constitutional amendments, state or local bond issues, or other state or local ballot issues; influence the selection, appointment, nomination or confirmation of one or more individuals to non-elected state or local offices; or which promotes, supports, attacks or opposes a clearly identified candidate for state or local office, including, but not limited to, the candidate’s position on one or more public policy issues. Such report shall be filed on a form prescribed by the director, and shall state the name and address of the individual, group or association making the expenditure or expenditures; the name of the candidate for state or local office the individual, group or association is advocating the election or defeat of; 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.