Joint Campaign Activities

Two or more Massachusetts candidate committees or political party committees may jointly make expenditures including, but not necessarily limited to, expenditures for a joint fundraising event in accordance with 970 CMR 2.12, or the purchase of campaign materials, media services or political flyers for a joint campaign event. The expenditures defined in 970 CMR 2.11, as well as any expenditure which is similar to the following and not inconsistent with M.G.L. c. 55 and 970 CMR, shall be permitted: (1) Definitions. For the purposes of 970 CMR 2.11, the following phrases shall have the following meanings: Campaign Material means any materials used in political campaigns including, but not limited to, buttons, bumper stickers, signs, balloons, hats, or T-shirts. Media Services means a media service including, but not limited to, advertisements or announcements in newspapers, radio, broadcast or cable television, video, or billboards. Political Flyer means any written material used in political campaigns including, but not limited to, a flyer, pamphlet, booklet, brochure, or slate card prepared by a candidate or political committee. (2) Primary Purpose of Expenditure. An expenditure by a candidate committee or political party committee for the purpose of making a joint expenditure with another candidate or political party committee is permitted only if the primary purpose of the expenditure is the promotion of the nomination or election of the candidate whose committee makes the expenditure, or the promotion of the political party for which the committee was organized. (3) Resulting Contribution. An expenditure by any political committee made in connection with another political committee which is not expressly authorized by 970 CMR 2.11 or does not comply with the requirements of 970 CMR 2.11, shall be considered a contribution as defined by M.G.L. c. 55, § 1 from the committee making the expenditure to the other committee(s) involved in and benefitting from the expenditure, and will be subject to the contribution limitations of M.G.L. c. 55, §§ 6, 6A and 6B. (4) Cost Allocation. Costs incurred pursuant to 970 CMR 2.11 shall be allocated between the participating committees according to the benefit reasonably expected to be derived by each committee based upon factors that include, but are not limited to, the amount of print space, airtime, consultant or staff time, or office space allocated to each committee, or the comparative benefit or use of goods or services received by each committee. The relative prominence or popularity of the participating candidates are not appropriate factors to consider when allocating costs for joint expenditures. (5) Distribution of Joint Campaign Materials. Candidate committees or political party committees making expenditures to purchase joint campaign materials shall distribute such materials in a manner which benefits each candidate or committee. (6) Reporting. (a) Each candidate or committee making joint expenditures must disclose the expenditures to the Director, or with the local election official, if applicable, in campaign finance reports as required by M.G.L. c. 55, §§ 18 and 19. Each participating candidate or committee’s report must identify the other candidate(s) or committee(s) participating in the joint expenditure. (b) Reports shall be filed according to the schedule provided in M.G.L. c. 55, §§ 18 and 19. (7) Maintenance of Records. Each candidate committee or political party committee making joint expenditures must maintain complete records, consistent with M.G.L. c. 55, §§ 2 and 5, reflecting all expenditures made. (8) Exemptions for Certain Committees. Through the 30th day after the relevant general election, 970 CMR 2.11(2) and (4) shall not apply to joint expenditures by committees organized to promote candidates for Governor and Lieutenant Governor once they are deemed to be running as a ticket in the general election if the primary purpose of the expenditure is the promotion of the election of the candidates’ ticket. For the purposes of 970 CMR 2.11(8), the following candidates are deemed to be running as a ticket in the general election: (a) party candidates who have been nominated at a primary election; or (b) designation and unenrolled candidates who have been jointly nominated pursuant to M.G.L. c. 53. (9) Joint Campaign Events. Two or more Massachusetts candidate committees or political party committees may sponsor a joint campaign event if they allocate costs according to the benefit reasonably expected to be derived by each committee, and they each pay vendors directly. Each candidate or committee participating in a joint campaign event must maintain complete records, consistent with M.G.L. c. 55, §§ 2 and 5, regarding the event. (10) Joint Campaign Activities with Federal Candidates or Committees. (a) Massachusetts state and local political party committees raising money with a federal candidate or committee, or involved in any joint campaign activity with a federal candidate or committee (or the federal account of a state party committee), must ensure compliance with both federal and state campaign finance law. (b) If office space is used jointly for federal and state campaign finance activity, the expenditures for rent and utilities are subject to federal allocation rules. This means that such costs may be allocated between federal and state accounts in accordance with federal rules. The minimum that must be paid from the federal account varies from one election to another, depending on the federal offices on the ballot. (c) Even if expenditures are made from the federal account of a state party committee in accordance with federal rules, state or local party committees must also comply with the recordkeeping and disclosure requirements of M.G.L. c. 55. If a state or local political party committee receives office space or anything of value from a federal account, pursuant to federal allocation rules, the committee must disclose a non-contribution receipt in its report of in-kind contributions. (d) Committees subject to the Massachusetts campaign finance law must ensure that contributions they receive into a state account comply with the limits and prohibitions of the Massachusetts campaign finance law, including the prohibition on the receipt of any transfers from a federal committee. See M.G.L. c. 55, § 7. Funds from federal party committees, or from federal accounts of state party committees, may not be deposited into state or local party committees' accounts that are subject to the Massachusetts campaign finance law, even if said deposit is for purposes of effectuating a transfer to a federal account.