The Massachusetts Office of Campaign and Political Finance (OCPF) requires that any group that intends to raise and/or spend money to promote or oppose an upcoming ballot question (in our case, a general override) must form a Ballot Question Committee by filing with the local Town Clerk’s office.

For Marblehead is a Ballot Question Committee!

There are specific “Do’s and Don’ts” that regulate all activities once the Select Board vote to hold an election following the results of Town Meeting. We’ve broken it down by role below: public employees, public officials, and individuals working with For Marblehead.

Municipal Ballot Question Guidelines

NO MATTER WHO YOU ARE, THESE RULES APPLY:

There are lots of considerations as far as how individuals may or may not interact with a ballot question committee and its message. Please read this whole page carefully, not just the section that applies to you.

A few rules apply to EVERYONE. No one may:

  • Solicit, handle or collect money in any public building. (This applies to public buildings but not public property such as streets, parks and other common areas.)

  • Use public funds or resources to promote or oppose a ballot question. This include use of supplies, computers, telephones, emails, personnel or facilities.

  • Send any emails to any government issued email address.

FOR MARBLEHEAD CAMPAIGN TEAM & VOLUNTEERS:

In addition to the restrictions above, individuals volunteering with For Marblehead:

  • MAY hand out For Marblehead-produced literature in public, on sidewalks outside of town buildings or at ball fields, parks, playgrounds etc.

  • MAY use email as a form of communication, except in the following cases:

    • Anyone who has an email address that is provided with public funding MAY NOT use that email address for any purpose related to a political campaign or a ballot question. This applies to anyone who has a Marbleheadma.gov, Marbleheadschools.org or Mass.gov (etc). email address… and those who work for a state-funded organization (such as salemstate.edu). If you have doubts, please check with OCPF before using your email address.

    • MAY NOT use publicly owned computers (such as those at the Library) to work on the campaign (e.g. send emails from a For Marblehead account or update the For Marblehead website).

Volunteers are responsible for their own adherence to the law.

If you have questions about whether an activity is allowable, check directly with OCPF. It is always best to get your answer in writing.

PUBLIC OFFICIALS:

(Defined as anyone performing services for, holding an office, position, or employment in a state, county, or municipal agency, whether elected or appointed, paid or unpaid, full-time or part-time. This definition encompasses members of boards, commissions, and authorities.)

In addition to the rules above, public officials must ALSO consider the following:

  • MAY discuss a ballot question at any meeting (public or private group)

  • MAY take a position on a ballot question

  • MAY analyze the impact of a ballot question

  • MAY provide copies to persons requesting it or those attending a public meeting or forum.

  • MAY hold an informational forum

  • MAY speak to the press or appear on cable TV

  • MAY post info on a town website if they are public records and don’t encourage a specific vote

  • MAY solicit money to support the ballot question. This includes selling tickets to a fundraiser, making fundraising phone calls, or posting an invite on social media

    • MAY NOT solicit money if they’re also a public employee (see below)

Public Officials are responsible for their own adherence to the law.

If you have questions about whether an activity is allowable, check directly with OCPF. It is always best to get your answer in writing.

PUBLIC EMPLOYEES:

(Defined as including state, municipal and county employees - full and part time - and appointed board/committee members that receive any compensation.)

In addition to the rules above, public employees must ALSO consider the following:

  • MAY NOT solicit funds at any time, in any way, anywhere.

  • MAY work on an override campaign on a volunteer basis, on their own time outside of work, in any capacity EXCEPT fundraising.

    • MAY NOT use any public resources, such as their work email, copy machines, etc. to conduct their volunteer efforts.

  • MAY express their opinion freely within their area of authority. OCPF cautions public officials to avoid the appearance, however, of improperly using public resources to support or oppose a ballot question.

    • MAY NOT send fundraising emails to any government issued email address.

    • MAY state their position regarding a ballot question outside of a public building at any time. Within a public building they may do so if asked.

  • MAY help prepare publications, within the scope of the official’s responsibilities. The Ballot Question Committee may use these documents and have them printed and distributed.

    • MAY NOT send anything unsolicited to voters themselves.

Public Employees are responsible for their own adherence to the law.

If you have questions about whether an activity is allowable, check directly with OCPF. It is always best to get your answer in writing.

Questions? Contact: