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HOUSE DOCKET, NO. 1034         FILED ON: 1/15/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 651

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Martha M. Walz and Cory Atkins

_______________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act strengthening campaign finance.

_______________

PETITION OF:

 

Name:

District/Address:

Martha M. Walz

8th Suffolk

Cory Atkins

14th Middlesex

Denise Provost

27th Middlesex

William N. Brownsberger

Second Suffolk and Middlesex

Ruth B. Balser

12th Middlesex

Frank I. Smizik

15th Norfolk

Kenneth I. Gordon

21st Middlesex

William Smitty Pignatelli

4th Berkshire

Sarah K. Peake

4th Barnstable

Cleon H. Turner

1st Barnstable

Jason Lewis

 

Robert M. Koczera

11th Bristol

Timothy J. Toomey, Jr.

26th Middlesex

Tricia Farley-Bouvier

3rd Berkshire

Chris Walsh

6th Middlesex

Gailanne M. Cariddi

1st Berkshire

Paul W. Mark

2nd Berkshire

Paul Brodeur

32nd Middlesex

David Paul Linsky

5th Middlesex

Denise Andrews

2nd Franklin

Sean Garballey

23rd Middlesex

Jennifer E. Benson

37th Middlesex

Kay Khan

11th Middlesex

Linda Campbell

15th Essex

James J. Dwyer

30th Middlesex

Daniel A. Wolf

Cape and Islands

Peter V. Kocot

1st Hampshire

Jay R. Kaufman

15th Middlesex

Jonathan Hecht

29th Middlesex

John J. Lawn, Jr.

10th Middlesex

Mark J. Cusack

5th Norfolk

James M. Cantwell

4th Plymouth

Thomas P. Conroy

13th Middlesex

John W. Scibak

2nd Hampshire

Louis L. Kafka

8th Norfolk

William M. Straus

10th Bristol

Stephen Kulik

1st Franklin

Elizabeth A. Malia

11th Suffolk

Ann-Margaret Ferrante

5th Essex

Lori A. Ehrlich

8th Essex

Christopher G. Fallon

33rd Middlesex

William C. Galvin

6th Norfolk

Carl M. Sciortino, Jr.

34th Middlesex

Michael D. Brady

9th Plymouth

Paul McMurtry

11th Norfolk

Kate Hogan

3rd Middlesex

Garrett J. Bradley

3rd Plymouth

James Arciero

2nd Middlesex

Ellen Story

3rd Hampshire

David M. Rogers

24th Middlesex

Timothy R. Madden

Barnstable, Dukes and Nantucket

Carolyn C. Dykema

8th Middlesex

Patricia A. Haddad

5th Bristol

Brian M. Ashe

2nd Hampden

Antonio F. D. Cabral

13th Bristol

Denise C. Garlick

13th Norfolk

Benjamin Swan

11th Hampden

Thomas A. Golden, Jr.

16th Middlesex


HOUSE DOCKET, NO. 1034        FILED ON: 1/15/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 651

By Representatives Walz of Boston and Atkins of Concord, a petition (accompanied by bill, House, No. 651) of Martha M. Walz and others for legislation to further regulate the financing of political campaigns.  Election Laws. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act strengthening campaign finance.
 

              Whereas, The deferred operation of this act would tend to defeat its purpose, which is to strengthen campaign finance, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

              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. The definition of “Electioneering communication” in section 1 of chapter 55 of the General Laws, as appearing in the 2010 official edition, is hereby amended by striking out, in line 89, the words “and (7) internet or email communications” and inserting in place thereof the following words:- (7) email communications; and (8) internet communications which are not paid advertisements.

              SECTION 2. Said section 1 of said chapter 55, as so appearing, is hereby further amended by inserting after the definition of “Electioneering communication” the following definition:-

              “Electioneering communication expenditure”, any expenditure made or liability incurred by an individual, group, association, corporation, labor union or other entity as payment for an electioneering communication including any transfer of money or anything of value to another individual, group, association, corporation, labor union or other entity for the purpose of making an electioneering communication by the recipient or some other individual, group, association, corporation, labor union or other entity.

              SECTION 3. Said section 1 of said chapter 55, as so appearing, is hereby further amended by striking out the definition of “Independent expenditure” and inserting in place thereof the following definition:-

              "Independent expenditure", an expenditure made or liability incurred by an individual, group, association, corporation, labor union or other entity as payment for goods or services including any transfer of money or anything of value to another individual, group, association, corporation, labor union or other entity expressly advocating the election or defeat of a clearly identified candidate, which is made or incurred without cooperation or consultation with a candidate, a nonelected political committee organized on behalf of a candidate or an agent of a candidate and which is not made or incurred in concert with, or at the request or suggestion of, a candidate, a nonelected political committee organized on behalf of a candidate or agent of such candidate.

              SECTION 4. Section 3 of said chapter 55, as so appearing, is hereby amended by adding the following paragraph:-

              The director shall adopt regulations regarding electioneering communication expenditures and independent expenditure that involves the transfer of money or anything of value from 1 individual, group, association, corporation, labor union or other entity to another individual, group, association, corporation, labor union or other entity for the purpose of making an electioneering expenditure or independent expenditure to ensure that the true origin of that expenditure is disclosed in the manner and on the schedule for reports of such expenditures provided for by this chapter.

              SECTION 5. Section 8 of said chapter 55, as so appearing, is hereby amended by striking out, in line 22, the words “Any corporation violating any provision of this section” and inserting in place thereof the following words:- Any such corporation violating this chapter.

              SECTION 6. Chapter 55 of the General Laws is hereby amended by inserting after section 8A the following section:-

              Section 8B. Nothing in this chapter shall be construed as authorizing an electioneering communication, electioneering communication expenditure or an independent expenditure by a corporation, including any requirement to report such communication or expenditure, unless such communication or expenditure is protected by the Constitution of the United States or the commonwealth.

              SECTION 7. Subsection (a) of section 18A of said chapter 55, as appearing in the 2010 Official Edition, is hereby amended by striking out, in lines 1 and 9, the words “or association” and inserting in place thereof, in each instance, the following words:- association, corporation, labor union or other entity.

              SECTION 8. Said section 18A of said chapter 55, as so appearing, is hereby amended by inserting after the word “association”, in lines 16, 20 and 21 and 25, each time it appears, the following words:- , corporation, labor union, other entity.             

              SECTION 9. Paragraph (7) of subsection (b) of section 18C of said chapter 55, as so appearing, is hereby amended by inserting after the word “association”, in line 36, the following words:- , corporation, labor union, other entity.

              SECTION 10. Paragraph (9) of said subsection (b) of said section 18C of said chapter 55, as so appearing, is hereby amended by striking out, in line 44, the words “or association” and inserting in place thereof the following words:- association, corporation, labor union or other entity.

              SECTION 11. Said chapter 55 of the General Laws is hereby further amended by striking out section 18F, as so appearing, and inserting in place thereof the following section:-

              Section 18F. Every individual, group, association, corporation, labor union or other entity not defined as a political committee who makes an electioneering communication expenditure, in an aggregate amount exceeding $250 during a calendar year, shall electronically file with the director, within 7 days after making that expenditure, a report stating the name and address of the individual, group, association, corporation, labor union or other entity making the electioneering communication, the name of any candidate clearly identified in the communication, the total amount or value of the communication, the name and address of the vendor to whom the payments were made and the purpose and date of any such expenditure. In addition, any individual, group, association, corporation, labor union or other entity not defined as a political committee who makes electioneering communication expenditures, in an aggregate amount exceeding $250 during a calendar year, who receives funds for the purpose of making such electioneering communications shall include in the electronic filing the date the funds were received and the name and address of the provider of any such funds in excess of $250, if any, and the value of the funds received. Reports required under this section shall be filed with the director, as provided in section 18C, if electioneering communications refer to any candidate who files with the director. Reports required under this section shall be filed with the city or town clerk if the electioneering communications refer to any candidate seeking public office in a city or town election who does not otherwise file with the director.

              Any person, group, association, corporation, labor union or other entity that makes or contracts to make electioneering communications aggregating $1,000 or more within 7 days before the date of an election shall file a report containing the information required under this section within 48 hours after making such expenditure.

              A violation of this section shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than 1 year.

              SECTION 12. Section 18G of said chapter 55, as so appearing, is hereby amended by inserting after the first paragraph the following 2 paragraphs:-

              If the independent expenditure or electioneering communication is paid for by an entity that is not an individual, the advertisement or communication shall contain the words “Top Contributors” and a written statement listing the 5 persons or entities, or if less than 5 persons or entities then the total of all such persons or entities, making the largest contributions to that entity for the purpose of making an independent expenditure or electioneering communication; provided, that such contributions shall be  in excess of $5,000 reportable under this chapter during the 12-month period before the date of the advertisement or communication. If no such contribution is received by the entity making an independent expenditure or electioneering communication, then the advertisement or communication may exclude such a statement.

              An individual, corporation, group, association or other entity that makes an independent expenditure or electioneering communication shall not engage or retain an advertising firm, campaign staff member or consultant that has also been engaged or retained within the prior 6 months by the candidate or candidate's committee that is benefited by the independent expenditure or electioneering communication.

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