SENATE BILL No. 815

 

 

February 25, 2014, Introduced by Senators BIEDA and HOPGOOD and referred to the Committee on Local Government and Elections.

 

 

 

     A bill to amend 1976 PA 388, entitled

 

"Michigan campaign finance act,"

 

by amending sections 3 and 26 (MCL 169.203 and 169.226), section 3

 

as amended by 2012 PA 273 and section 26 as amended by 2013 PA 252.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. (1) "Candidate" means an individual who meets 1 or

 

more of the following criteria:

 

     (a) Files a fee, an affidavit of incumbency, or a nominating

 

petition for an elective office.

 

     (b) Is nominated as a candidate for elective office by a

 

political party caucus or convention and whose nomination is

 

certified to the appropriate filing official.

 

     (c) Receives a contribution, makes an expenditure, or gives


 

consent for another person to receive a contribution or make an

 

expenditure with a view to bringing about the individual's

 

nomination or election to an elective office, whether or not the

 

specific elective office for which the individual will seek

 

nomination or election is known at the time the contribution is

 

received or the expenditure is made.

 

     (d) Is an officeholder who is the subject of a recall vote.

 

     (e) Holds an elective office, unless the officeholder is

 

constitutionally or legally barred from seeking reelection or fails

 

to file for reelection to that office by the applicable filing

 

deadline. An individual described in this subdivision is considered

 

to be a candidate for reelection to that same office for the

 

purposes of this act only.

 

     For purposes of sections 61 to 71, "candidate" only means, in

 

a primary election, a candidate for the office of governor and, in

 

a general election, a candidate for the office of governor or

 

lieutenant governor. However, the candidates for the office of

 

governor and lieutenant governor of the same political party in a

 

general election shall be considered as 1 candidate.

 

     (2) "Candidate committee" means the committee designated in a

 

candidate's filed statement of organization as that individual's

 

candidate committee. A candidate committee shall be under the

 

control and direction of the candidate named in the same statement

 

of organization. Notwithstanding subsection (4), an individual

 

shall form a candidate committee under section 21 if the individual

 

becomes a candidate under subsection (1).

 

     (3) "Closing date" means the date through which a campaign


 

statement is required to be complete.

 

     (4) "Committee" means a person who receives contributions or

 

makes expenditures for the purpose of influencing or attempting to

 

influence the action of the voters for or against the nomination or

 

election of a candidate, the qualification, passage, or defeat of a

 

ballot question, or the qualification of a new political party, if

 

contributions received total $500.00 or more in a calendar year or

 

expenditures made total $500.00 or more in a calendar year.

 

Committee includes a political organization recognized by the

 

internal revenue service under 26 USC 527 that has an officer,

 

director, board member, or trustee who is a resident of this state.

 

An individual, other than a candidate, does not constitute a

 

committee. A person, other than a committee registered under this

 

act, making an expenditure to a ballot question committee, shall

 

not, for that reason, be considered a committee for the purposes of

 

this act unless the person solicits or receives contributions for

 

the purpose of making an expenditure to that ballot question

 

committee.

 

     Sec. 26. (1) A campaign statement of a committee, other than a

 

political party committee, required by this act shall contain all

 

of the following information:

 

     (a) The filing committee's name, address, and telephone

 

number, and the full name, residential and business addresses, and

 

telephone numbers of the committee treasurer or other individual

 

designated as responsible for the committee's record keeping,

 

report preparation, or report filing.

 

     (b) Under the heading "receipts", the total amount of


 

contributions received during the period covered by the campaign

 

statement; under the heading "expenditures", the total amount of

 

expenditures made during the period covered by the campaign

 

statement; and the cumulative amount of those totals. Forgiveness

 

of a loan shall not be included in the totals. Payment of a loan by

 

a third party shall be recorded and reported as an in-kind

 

contribution by the third party. In-kind contributions or

 

expenditures shall be listed at fair market value and shall be

 

reported as both contributions and expenditures. A contribution or

 

expenditure that is by other than completed and accepted payment,

 

gift, or other transfer, that is clearly not legally enforceable,

 

and that is expressly withdrawn or rejected and returned before a

 

campaign statement closing date need not be included in the

 

campaign statement and if included may, in a later or amended

 

statement, be shown as a deduction, but the committee shall keep

 

adequate records of each instance.

 

     (c) The balance of cash on hand at the beginning and the end

 

of the period covered by the campaign statement.

 

     (d) The following information regarding each fund-raising

 

event shall be included in the report:

 

     (i) The type of event, date held, address and name, if any, of

 

the place where the activity was held, and approximate number of

 

individuals participating or in attendance.

 

     (ii) The total amount of all contributions.

 

     (iii) The gross receipts of the fund-raising event.

 

     (iv) The expenditures incident to the event.

 

     (e) The full name of each individual from whom contributions


 

are received during the period covered by the campaign statement,

 

together with the individual's street address, the amount

 

contributed, the date on which each contribution was received, and

 

the cumulative amount contributed by that individual. The

 

occupation, employer, and principal place of business shall be

 

stated if the individual's cumulative contributions are more than

 

$100.00. For contributions of $5.00 or less by an individual to a

 

political committee or independent committee, the secretary of

 

state shall accept for filing any written communication from the

 

political committee or independent committee that contains the

 

information otherwise required under this subsection. Any such

 

written communication does not need to contain an original

 

signature.

 

     (f) The cumulative amount contributed and the name and address

 

of each individual, except those individuals reported under

 

subdivision (e), who contributed to the committee. The occupation,

 

employer, and principal place of business shall be stated for each

 

individual who contributed more than $100.00.

 

     (g) The name and street address of each person, other than an

 

individual, from whom contributions are received during the period

 

covered by the campaign statement, together with an itemization of

 

the amounts contributed, the date on which each contribution was

 

received, and the cumulative amount contributed by that person.

 

     (h) The name, address, and amount given by an individual who

 

contributed to the total amount contributed by a person who is

 

other than a committee or an individual. The occupation, employer,

 

and principal place of business shall be stated if the individual


 

contributed more than $100.00 of the total amount contributed by a

 

person who is other than a committee or an individual.

 

     (i) The cumulative total of expenditures of $50.00 or less

 

made during the period covered by the campaign statement except for

 

expenditures made to or on behalf of another committee, candidate,

 

or ballot question.

 

     (j) The full name and street address of each person to whom

 

expenditures totaling more than $50.00 were made, together with the

 

amount of each separate expenditure to each person during the

 

period covered by the campaign statement; the purpose of the

 

expenditure; the full name and street address of the person

 

providing the consideration for which any expenditure was made if

 

different from the payee; the itemization regardless of amount of

 

each expenditure made to or on behalf of another committee,

 

candidate, or ballot question; and the cumulative amount of

 

expenditures for or against that candidate or ballot question for

 

an election cycle. An expenditure made in support of more than 1

 

candidate or ballot question, or both, shall be apportioned

 

reasonably among the candidates or ballot questions, or both.

 

     (k) For a candidate committee of a candidate who controls or

 

directs a political organization recognized by the internal revenue

 

service under 26 USC 527, all donors, contributions, and

 

expenditures of that political organization. A candidate controls

 

or directs a political organization if any director, officer, or

 

board member of the political organization is employed by or serves

 

as an agent to the candidate, as determined by the totality of the

 

circumstances.


 

     (2) A candidate committee or ballot question committee shall

 

report all cumulative amounts required by this section on a per

 

election cycle basis. Except for subsection (1)(j), an independent

 

committee or political committee shall report all cumulative

 

amounts required by this section on a calendar year basis.

 

     (3) A campaign statement of a committee, in addition to the

 

other information required by this section, shall include an

 

itemized list of all expenditures during the reporting period for

 

election day busing of electors to the polls, get-out-the-vote

 

activities, slate cards, challengers, poll watchers, and poll

 

workers.

 

     (4) For a reporting period in which a contribution is received

 

that is to be part of a bundled contribution or a reporting period

 

in which a bundled contribution is delivered to the candidate

 

committee of a candidate for statewide elective office, a bundling

 

committee shall report to the secretary of state, on a form

 

provided by the secretary of state, all of the following

 

information, as applicable, about each contribution received or

 

delivered as part of a bundled contribution, and about each bundled

 

contribution delivered, in the reporting period:

 

     (a) The amount of each contribution, the date it was received

 

by the bundling committee, and the candidate for statewide elective

 

office whom the contributor designated as the intended recipient.

 

     (b) Each contributor's name and address and, for each

 

contribution exceeding $100.00, the contributor's occupation,

 

employer, and principal place of business.

 

     (c) The date each contribution is delivered to the candidate's


 

statewide elective office candidate committee.

 

     (d) The total amount of bundled contributions delivered to

 

that candidate committee during the reporting period and during the

 

election cycle.

 

     (5) With its delivery of a bundled contribution to the

 

candidate committee of a candidate for statewide elective office, a

 

bundling committee shall deliver a report to that candidate

 

committee, on a form provided by the secretary of state, that

 

includes all of the following information, as applicable, about

 

each contribution delivered as part of the bundled contribution,

 

and about all bundled contributions delivered to that candidate

 

committee in the election cycle:

 

     (a) The amount of each contribution, the date it was received

 

by the bundling committee, and the statewide elective office

 

candidate the contributor designated as the intended recipient.

 

     (b) Each contributor's name and address and, for each

 

contribution exceeding $100.00, the contributor's occupation,

 

employer, and principal place of business.

 

     (c) The total amount of bundled contributions delivered to

 

that candidate committee during the reporting period and during the

 

election cycle.

 

     (6) For a reporting period in which a bundled contribution is

 

received, a candidate committee of a candidate for statewide

 

elective office shall report to the secretary of state, on a form

 

provided by the secretary of state, all of the following

 

information, as applicable, about each contribution delivered as

 

part of a bundled contribution received in the reporting period and


 

about all bundled contributions received by that candidate

 

committee:

 

     (a) The amount of each contribution, the date it was received

 

by the candidate committee, and the name of the bundling committee

 

that delivered the contribution.

 

     (b) Each contributor's name and address and, for each

 

contribution exceeding $100.00, the contributor's occupation,

 

employer, and principal place of business.

 

     (c) The total amount of bundled contributions received by that

 

candidate committee during the reporting period and during the

 

election cycle.