Collamore v. Office of Campaign & Political Finance
Collamore v. Office of Campaign & Political Finance
Opinion of the Court
During the brief life span of the “clean elections” law, G. L. c. 55A, §§ 1 et seq.,
1. Background, a. The clean elections law. On November 3, 1998, the people of the Commonwealth approved the clean elections law under the initiative provisions of art. 48, The Initiative, V, § 1, of the Amendments to the Massachusetts Constitution. See St. 1998, c. 395 (inserting G. L. c. 55A and amending related statutes). The clean elections law provided that candidates for State or Statewide offices who voluntarily agreed to limitations on campaign contributions and expenditures and who received a sufficient number of “[qualifying contributions” would be entitled to receive designated amounts of public funds for their primary and general election campaigns. See G. L. c. 55A, §§ 6, 7.
The source of these funds was to be the Massachusetts clean elections fund. See G. L. c. 55A, § 1. See also G. L. c. 10, § 42. However, money set aside for this purpose was not appropriated by the Legislature, and eventually, the clean elections law was repealed, effective July 1, 2003.
To count as a qualifying contribution, a campaign donation
On February 25, 2002, the Supreme Judicial Court issued its decision in the Bates case, a lawsuit initiated by supporters of the clean elections law in the Supreme Judicial Court for Suffolk County, pursuant to G. L. c. 214, § 1. On report by a single justice to the full bench, the court held that the Legislature had failed to fulfil its constitutional duty under art. 48 to appropriate funds to carry the clean elections law into effect, Bates, supra at 168, and directed the single justice to enter a money judgment in favor of the one candidate who was then certified as a clean elections candidate, id. at 178-179. The court also directed the single justice to retain jurisdiction to grant relief to any other candidate plaintiff who qualified under the clean elections law and to allow additional candidate plaintiffs to become parties to the case. Ibid. Addressing the possibility that the judgment might not be satisfied voluntarily, the court observed that the single justice had “broad discretion to consider such other and further remedies as she deems necessary and appropriate.” Id. at 179.
As anticipated by the court, other certified candidates became parties to the Bates case and obtained judgments against the Commonwealth. When the Legislature still did not appropriate money to satisfy the judgments, the single justice issued executions whereby property belonging to the Commonwealth was
b. Collamore’s receipt of clean elections funds. In 2002, Col-lamore was a candidate for the office of State Representative in the Twelfth Hampden District. On February 20, 2002, Colla-more filed a “Form CE 1: Declaration of Intent” with the OCPF, signifying his desire to become a clean elections candidate. See G. L. c. 55A, § 5. Between February 20, 2002, and May 28, 2002, his qualifying period,
On May 23, 2002, Collamore filed a “Form CE-3: Application for Certification” with the OCPF. See ibid. He also submitted completed forms CE-2 and CE-2L,
On May 31, 2002, the single justice allowed Collamore’s
Judgment entered on June 5, 2002, in the form proposed. On June 12, 2002, Collamore obtained a second judgment, for a second payment of $8,100, again with the assent of the OCPF and the other parties. Again, as also stated in his proposed judgment, the actual judgment entered by the court stated that he and the director of the OCPF were “ORDERED to treat any and all proceeds of this judgment as ‘clean election[s] funds,’ as defined by G.L. c. 55A, § 1, for all purposes under G.L. c. 55A.” Thereafter, Collamore’s two judgments, totaling $16,200, were satisfied as a result of the seizure and the auction of State property, pursuant to executions issued by the single justice.
c. Collamore’s decertification. On June 11, 2002, a competing candidate for the Twelfth Hampden District seat, the incumbent, State Representative Gale D. Candaras, petitioned the OCPF, seeking to have Collamore decertified as a clean elections candidate because he had falsified reports of qualifying contributions. The petition alleged that of the 246 individuals whose donations were counted as qualifying contributions, twenty-seven were not registered voters in the district, and nineteen others had stated that they did not contribute to Collamore’s campaign and that their signatures were forged. In support of her petition, Candaras submitted affidavits, and a letter from Paul McDonald, whom she retained as a handwriting expert.*
Collamore’s initial response was that the OCPF lacked
The OCPF proceeded to investigate the petition by contacting people whose signatures had been called into question. Seventeen of the twenty people called by the OCPF stated that they had not contributed to CoIIamore. On August 22, 2002, the OCPF issued a “Notice of Intent to Decertify and Impose Fines,” pursuant to G. L. c. 55A, § 16. A hearing was held over two days in September, 2002, with the OCPF director, Michael J. Sullivan, presiding. During the hearing, several witnesses testified, including CoIIamore. As permitted by OCPF rules, the hearing officer also considered evidence received by affidavit.
On September 26, 2002, the OCPF issued a lengthy decision concluding that “CoIIamore and/or his political committee, i.e., the ‘participant,’ falsely reported numerous qualifying contributions and that such activity was done knowingly.” Under the authority of G. L. c. 55A, § 16, the OCPF decertified CoIIa-more; ordered him to return the $16,200 distributed to him, with interest, to the Massachusetts clean elections fund; and imposed a fine.
CoIIamore sought review of the OCPF decision in the Superior Court, under G. L. c. 30A. He raised his jurisdictional arguments in a motion for summary judgment, which was denied by the motion judge in a decision entered April 20, 2004. CoI-Iamore then filed a motion for judgment on the pleadings, pursuant to G. L. c. 30A, § 14(7). On February 17, 2005, this motion, too, was denied, in a decision issued by a second judge who had reviewed the administrative record and concluded that the OCPF decision was supported by substantial evidence. This appeal ensued.
Collamore’s first point flies in the face of the judgments entered by the single justice, who expressly ordered both Col-lamore and the OCPF to “treat any and all proceeds of this judgment as ‘clean election[s] funds,’ as defined by G.L. c. 55A, § 1, for all purposes under G.L. c. 55A.” Collamore does not appear to contest the indisputable authority of the single justice to include this condition in the judgments.
b. Sufficiency of the evidence. Whether the evidence introduced at the OCPF hearing was sufficient to support decer-tification is subject to the deferential standard of review applicable to agency decisions. The agency’s decision will be upheld if it is supported by substantial evidence, defined as “such evidence as a reasonable mind might accept as adequate to support the agency’s conclusion.” Seagram Distil. Co. v. Alcoholic Bevs. Control Commn., 401 Mass. 713, 721 (1988). See G. L. c. 30A, § 1(6) (defining substantial evidence). In assessing the agency’s decision, we show particular deference to credibility determinations and inferences drawn from the facts. See Hotch-kiss v. State Racing Commn., 45 Mass. App. Ct. 684, 696 (1998).
Under the clean elections law, decertification was required if the participant, defined in G. L. c. 55A, § 1, as “the candidate and the candidate’s committee,” was shown to have “falsely reported] any expenditure or contribution,” G. L. c. 55A, § 16(a)(3), and to have done so “knowingly,” ibid. Here, there was substantial evidence as to each of the required elements.
With respect to the falsity of Collamore’s reports, the hearing officer had before him the affidavits of more than fifteen individuals who stated that they neither had made a contribution to Collamore nor had signed a contribution form for him. One purported signatory did not submit an affidavit, but affidavits from both his sister and his brother established that he had not
The contribution forms themselves also were introduced in evidence. The hearing officer examined them and found that the signatures purporting to be those of the affiants did not resemble the signatures on their affidavits. Based upon his observations, and even without expert testimony, the hearing officer was entitled to conclude that the affiants’ signatures on the forms were not genuine.
The hearing officer also was entitled to credit the expert testimony of handwriting expert Paul McDonald
There also was substantial evidence to support the finding that Collamore “and/or his political committee” submitted the false reports “knowingly.” It was established that only a small group of people were involved in gathering the contributions and signatures: Collamore, his wife, his brother, his sister, and a
In questioning the soundness of the OCPF decision, Colla-more relies heavily upon his own testimony denying knowledge of any wrongdoing. However, the hearing officer found that Collamore was not credible, based on his demeanor, his argumentative responses to questions, and the existence of significant inconsistencies between his hearing testimony and the testimony he gave during a deposition. We see no basis for rejecting this credibility determination.
3. Conclusion. The OCPF had jurisdiction over this matter and reached a decision supported by substantial evidence. The amended judgment of the Superior Court, affirming the decision of the OCPF is, accordingly, affirmed.
So ordered.
A11 references in this opinion to provisions of the clean elections law were
Despite the repeal of the clean elections law, this-case is not moot because it concerns a penalty or forfeiture under the law as it once stood. See G. L. c. 55A, § 16(c), (e). “The repeal of a statute shall not affect any punishment, penalty or forfeiture incurred before the repeal takes effect, or any suit, prosecution or proceeding pending at the time of the repeal for an offence committed, or for the recovery of a penalty or forfeiture incurred, under the statute repealed.” G. L. c. 4, § 6, Second, inserted by St. 1967, c. 867, § 1.
The maximum qualifying period for candidates for the office of State Representative was the period from January 1, 2002, through May 28, 2002. G. L. c. 55A, § 1. Because Collamore filed his declaration of intent on February 20, 2002, his qualifying period started on that date.
Form CE-2 was used to record the signature of an individual contributor. Form CE-2L was used to record the signatures of multiple contributors.
Candaras also filed a complaint in the Hampden Superior Court, Candaras & another vs. Collamore & another, Hampden Superior Court, No. 02-614 (June 11, 2002), alleging that Collamore and the OCPF violated the clean elections law by submitting and certifying falsified contribution reports. The
The statute states in relevant part: “Any participant decertified pursuant to this chapter . . . shall forfeit and return, with interest from date of receipt to date of return at the rate computed as specified in section 61 of chapter 231, all clean election[s] funds which said candidate has received. Funds forfeited and all applicable interest returned by a decertified candidate shall be deposited in the Massachusetts Clean Elections Fund.” G. L. c. 55A, § 16(c).
In any event, such an argument would run afoul of the doctrine of judicial estoppel. Because Collamore took the position that judgments containing this condition were proper, it would be inequitable to permit him to take a contrary position now. See Otis v. Arbella Mut. Ins. Co., 443 Mass. 634, 639-641 (2005); Aiello v. Aiello, 447 Mass. 388, 399 (2006).
Collamore’s emphasis upon the fact that he did not receive his funds from the Massachusetts clean elections fund is particularly disingenuous given that he had been told by the OCPF in its letters of May 28, 2002, and June 3, 2002, that any money he might obtain as a result of a judgment against the Commonwealth should be treated “as if received” from the Massachusetts clean elections fund. The conclusion is inescapable that Collamore’s proposed judgments, which were submitted with the cooperation and assent of the OCPF, were phrased to effectuate that intent.
Under rule 10(e) of the OCPF procedural rules, adopted under the authority of 970 Code Mass. Regs. § 3.05(e) (1986), the hearing officer was entitled to rely upon evidence submitted in affidavit form. However, he also received similar evidence through live testimony. Many of the affiants were subpoenaed to the OCPF hearing at Collamore’s request, and six of them testified. The hearing officer found that three of the witnesses, whose testimony mirrored their affidavits, were entirely credible. While he described two other witnesses as less persuasive, he found that they, too, falsely had been included in Collamore’s reporting. The hearing officer rejected the testimony of one witness because of his strained personal relationship with Collamore. Collamore released the remaining witnesses without calling them to testify.
It is evident from the OCPF decision that the hearing officer considered McDonald to be qualified in handwriting identification. The record established that McDonald is a certified document examiner and former State police officer whose experience included more than thirteen years as a criminal investigator, and that, prior to the hearing, he had testified regarding handwriting analysis or document examination “approximately six or seven times.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.