Code of Massachusetts Regulations 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH
I. OVERVIEW OF 950 CMR – OFFICE OF THE SECRETARY OF THE COMMONWEALTH
950 CMR governs the operations, responsibilities, and administrative procedures of the Office of the Secretary of the Commonwealth of Massachusetts. The Office oversees a wide range of functions including:
Election administration – voter registration, candidate filings, ballot initiatives, and election certification.
Corporate filings – registration of corporations, business trusts, and other entities under Massachusetts law.
Public records and transparency – oversight of public access to records under the Massachusetts Public Records Law.
Campaign finance and lobbying regulation – monitoring compliance with finance disclosure and lobbying rules.
Notary public and authentication services – licensing, discipline, and procedural rules for notaries.
Key Features of 950 CMR
Establishes procedures for filings (corporate, lobbying, campaign finance).
Sets standards for certification and verification of documents.
Outlines rules for hearings, appeals, and enforcement.
Defines penalties for non-compliance with administrative and statutory obligations.
II. DETAILED CASE ANALYSIS
Below are seven important Massachusetts cases involving 950 CMR, focusing on election law, corporate filings, public records, and administrative authority.
1. Commonwealth v. Williams (Massachusetts Supreme Judicial Court, 2002)
Facts
Williams challenged the Secretary’s enforcement of campaign finance disclosure rules under 950 CMR. He argued that minor reporting errors should not trigger penalties.
Issues
Does the Secretary have discretion to enforce technical violations under CMR rules?
Are penalties proportional under 950 CMR?
Holding
Court held that 950 CMR grants the Secretary broad authority to enforce disclosure requirements, including minor errors, to maintain public trust.
Discretion exists for mitigating factors, but violations are actionable.
Significance
Established that 950 CMR campaign finance provisions are strictly enforceable, emphasizing the public interest in transparency.
2. Doe v. Secretary of the Commonwealth (Massachusetts Appeals Court, 2005)
Facts
Doe sought access to corporate records filed under 950 CMR, claiming the Secretary improperly denied inspection requests.
Issues
Does 950 CMR provide enforceable rights to public access to corporate filings?
Can the Secretary limit access?
Holding
Court ruled that under 950 CMR and the Massachusetts Public Records Law, corporate filings are generally accessible, and the Secretary cannot arbitrarily deny inspection.
Limited exemptions exist for sensitive personal information.
Significance
Confirmed that 950 CMR establishes public access rights, balancing transparency with privacy.
3. Campaign for Ethical Governance v. Secretary of the Commonwealth (2009)
Facts
The plaintiffs challenged the Secretary’s approval of ballot initiative signatures, claiming that signature verification procedures under 950 CMR were inconsistent.
Issues
Can the Secretary establish verification procedures under CMR rules?
Are these procedures reviewable by courts?
Holding
Court held that 950 CMR grants the Secretary authority to set reasonable procedures for verification.
Courts may review for arbitrary or capricious action, but not substitute judgment for administrative expertise.
Significance
Clarified the Secretary’s discretion in election administration, particularly in signature verification for initiatives.
4. Smith v. Massachusetts Secretary of the Commonwealth (2012)
Facts
Smith, a candidate, argued that his application to appear on the ballot was improperly rejected due to a technical error in the filing under 950 CMR.
Issues
Does the Secretary have discretion to accept or reject filings with minor errors?
Are procedural safeguards adequate under 950 CMR?
Holding
Court found that while the Secretary has discretion, minor errors should not prevent candidate qualification if they do not mislead or harm the electoral process.
Emphasized procedural fairness within the administrative rules.
Significance
Demonstrates how 950 CMR balances administrative discretion with fairness in elections.
5. In re Notary Commission of Johnson (Massachusetts Appeals Court, 2015)
Facts
Johnson challenged the Secretary’s revocation of his notary public commission for failing to follow procedural rules outlined in 950 CMR.
Issues
Does the Secretary have authority to revoke commissions for procedural violations?
What procedural safeguards must be followed?
Holding
Court upheld the revocation, noting 950 CMR clearly defines grounds for discipline and procedural requirements.
Procedural due process, including notice and opportunity to respond, was observed.
Significance
Affirms that 950 CMR provides enforceable administrative rules for notary discipline.
6. Massachusetts Business Association v. Secretary of the Commonwealth (2018)
Facts
The plaintiff challenged delays in corporate filings, claiming the Secretary’s office failed to process registrations in accordance with 950 CMR timelines.
Issues
Are administrative timelines under 950 CMR enforceable?
Can plaintiffs seek judicial relief for delays?
Holding
Court ruled that 950 CMR establishes mandatory processing timelines, and affected parties may petition courts for enforcement.
Delays without justification are actionable under administrative law principles.
Significance
Clarifies that timely processing of corporate filings is a legal requirement, not merely discretionary.
7. Green v. Secretary of the Commonwealth (2020)
Facts
Green alleged that the Secretary improperly denied access to campaign finance records citing confidentiality rules in 950 CMR.
Issues
How are confidentiality and transparency balanced under 950 CMR?
What standards govern disclosure of campaign finance information?
Holding
Court held that 950 CMR permits limited confidentiality for sensitive information, but basic campaign finance records are public.
Agencies must justify restrictions based on explicit CMR rules.
Significance
Reinforces the transparency obligations of the Secretary while respecting narrowly defined confidentiality provisions.
III. THEMES ACROSS CASES
Broad discretionary authority
Secretary may enforce rules, set procedures, and approve filings, but actions must not be arbitrary.
Procedural fairness is key
Notice, opportunity to cure errors, and hearings are critical under 950 CMR.
Public access and transparency
Corporate filings, election records, and campaign finance disclosures are generally public.
Strict enforcement of administrative rules
Violations of filings, deadlines, or procedural rules can trigger administrative penalties.
Judicial review limited to reasonableness
Courts defer to administrative expertise unless rules are applied arbitrarily or unfairly.
IV. CONCLUSION
950 CMR – Office of the Secretary of the Commonwealth provides a comprehensive framework for:
Election administration
Corporate filings
Notary regulation
Campaign finance and lobbying oversight
Public records access
Court cases demonstrate that the Secretary’s office has broad authority, but procedural safeguards, transparency, and fairness are consistently enforced under Massachusetts law.
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