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The 189th General Court of the Commonwealth of Massachusetts

Section 10A: Treatment of contributions to candidates through intermediaries or conduits

Section 10A. (a) Contributions made by a person to or on behalf of a particular candidate, including contributions made through an intermediary or conduit, shall be treated as contributions from such person to such candidate.

(b) Contributions made to a candidate, such candidate's agent, such candidate's committee or such candidate's committee's agent, through an intermediary or conduit shall also be treated as contributions from the intermediary or conduit to the candidate, if the intermediary or conduit is:

(1) a political action committee, or an officer, employee or other agent of such political committee;

(2) a legislative or executive agent registered pursuant to section forty-one of chapter three, or a lobbying group or organization registered pursuant to section forty-four of chapter three, or an officer, employee, or agent of such legislative or executive agent or lobbying group or organization acting in its behalf; or

(3) any person charged with the responsibility of delivering individual contributions from a group of officers or employees or a combination thereof of a corporation who have pooled such contributions.

(c) For purposes of this section, the following words shall, unless the context clearly indicates otherwise, have the following meanings:?

(1) ''Contributions made through an intermediary or conduit'', shall mean:

(i) contributions delivered, whether in person or by mail, to a particular candidate or such candidate's authorized committee or agent; and

(ii) contributions to a particular candidate, such candidate's authorized committee, such candidate's agent, or such candidate's committee's agent, in a manner that identifies in writing the person who arranged the making of the contributions.

(2) ''Acting in its behalf'', shall include using the name or resources of a person described in paragraph (b).

(d) Nothing in this section shall prohibit:

(1) a bona fide joint fund-raising effort conducted solely for the purpose of sponsorship of a fund-raising reception, dinner, or other event, in accordance with the rules prescribed by the director by 2 or more state or local committees of a political party acting on their own behalf; or

(2) a fund-raising effort for the benefit of a candidate that is conducted by another candidate acting in his individual capacity.

(e) In all cases where contributions are made by a person either to or on behalf of a particular candidate through an intermediary or conduit as described in paragraph (b), the intermediary or conduit shall report in writing the original source and the intended recipient of such contribution along with other information required by this chapter to the director and to the intended recipient. A candidate or political committee that fails to receive such notice in writing, or equivalent actual notice of a violation of this section, shall not be civilly or criminally liable for any such violation, except to the extent of returning the excess of any contribution made in violation of this section.

(f) Nothing in this section shall be interpreted to permit a contribution which would otherwise violate the provisions of section ten.

(g) The limitations of this section regarding contributions made through an intermediary or conduit shall not apply when each contribution is one hundred dollars or less; provided, however, that said one hundred dollar amount shall be indexed biennially for inflation by the director, who, not later than December thirty-first of each odd numbered year, shall calculate and publish such indexed amount, using the federal consumer price index for the Boston statistical area.