Recordkeeping and Disclosure of In-kind Contributions

(1) Candidates and treasurers of political committees shall keep and preserve detailed accounts as required by M.G.L. c. 55, §§ 2 and 5 and 970 CMR 1.10, and shall, upon request by the Director, provide copies of such records to OCPF. (2) For the purpose of 970 CMR 1.10, the word “accounts” shall include all accounts, records and other documents including, but not limited to, correspondence and fund raising materials, maintained or required by M.G.L. c. 55, M.G.L. c. 55C or 970 CMR by the candidate or candidate committee whether in written, electronic or other form. In addition, accounts shall include, but are not limited to: (a) bank accounts, bank statements, ledgers, canceled checks or other information relative to such bank accounts; (b) bills, receipts, and other vendor information received in connection with any expenditure made or liability incurred for goods and services; (c) copies of all contributor checks, contributor lists, card files, and other contributor information. (3) Candidates and political committees shall keep all accounts required to be maintained under 970 CMR 1.00 separate and distinct from all other accounts and shall preserve such accounts for a period of six years from the date of the general election. (4) (a) The purpose of each expenditure shall be reported in sufficient detail to ensure accurate and complete disclosure. Examples of such detail include the following: 1. “Dinner with colleagues to discuss health-care bill, budget, etc.” instead of “Dinner with colleagues.” 2. “Candidate radio ads” instead of “Ads.” 3. “5,000 bumper stickers” instead of “Printing.” (b) 970 CMR 1.10(4)(a) applies to expenditures by candidates and political committees, and also to independent expenditures or electioneering communications by any individual or entity, as well as to expenditures made to influence ballot questions. (5) The report of a party committee, PAC or people’s committee making expenditures, including in-kind contributions, to support or oppose a candidate, must identify the candidate supported or opposed. For example, an in-kind contribution by a party committee for staffing to assist candidate John Doe should be reported by the party committee as “Staff time — for John Doe campaign.” A party committee, PAC, or people’s committee that makes an independent expenditure, in addition to disclosing the committee’s expenditure in the committee’s campaign finance reports filed in accordance with M.G.L. c. 55, § 18 and 19, must also file a report of independent expenditures, in accordance with M.G.L. c. 55, § 18A and 970 CMR 2.17(6). (6) Candidates and treasurers of political committees which do not keep and preserve detailed accounts as required by 970 CMR 1.10 shall, at the Director’s request, exercise their best efforts to arrange with the candidate or committee’s bank and vendors or other persons providing goods or services to the candidate or committee to provide the Director with copies of all such accounts. The costs to arrange and provide copies of such accounts shall be paid by the committee. (7) Candidates and treasurers of political committees must keep paper or electronic copies of all reports, correspondence, or other items filed electronically with OCPF for six years from the date of the general election. (8) A committee may choose to disclose, on campaign finance reports filed by the committee, the work address rather than the residential address of a contributor, if the contributor is employed by a law enforcement, judicial, or prosecutorial agency, or by the department of youth services, department of social services, department of correction or any other public safety and criminal justice system office. In the event that a committee discloses the work address of such a contributor, the committee must keep a record reflecting both the work and residential address of the contributor. (9) Any committee expenditure that is not supported by bills, receipts, or other documentation reflecting the purpose of the expenditure creates a presumption that the expenditure was made for the personal use of the candidate or another person. The presumption may be rebutted if a committee submits sufficient evidence demonstrating that the expenditure was made for purposes consistent with M.G.L. c. 55, § 6.