S.B. 197: COMMITTEE SUMMARY - SELLING POLITICAL MERCHANDISE

SELLING POLITICAL MERCHANDISE - S.B. 197: COMMITTEE SUMMARY

Senate Bill 197 (as introduced 2-2-99)

Date Completed: 2-18-99

CONTENT

The bill would amend the Michigan Campaign Finance Act to require a candidate committee, a ballot question committee, or any other committee that held or sponsored a fund-raising event, or was present at any other event at which political merchandise was sold to benefit the committee, to post at the event a sign or signs indicating that a portion of the proceeds from the sale of political merchandise at the event would be used for political purposes. The bill specifies that it would not apply to activities regulated by the Bingo Act.

(The Campaign Finance Act defines "committee" as a person who receives contributions or makes expenditures in order to influence or attempt to influence the action of the voters for or against the nomination or election of a candidate, or the qualification, passage, or defeat of a ballot question, if contributions received total at least $500 in a calendar year or expenditures made total at least $500 in a calendar year. An individual, other than a candidate, does not constitute a committee. A person, other than a committee registered under the Act, making an expenditure to a ballot question committee is not considered a committee for the purposes of the Act unless the person solicits or receives contributions for the purpose of making an expenditure to that ballot question committee.)

Under the bill, before political merchandise was sold at an event, a committee would have to post a sign or signs that were visible to any person approaching the sale area, before that person offered to purchase the political merchandise, and were large enough and had typeface large enough to be easily read by the general public from a distance of at least five feet from the sale area. The sign or signs also would have to contain all of the following:

-- A statement that said: "A portion of the proceeds from the merchandise sold at this event will be used for political purposes."

-- The name of the committee holding, sponsoring, or present at the event.

-- The name of the candidate or ballot question supported or opposed by the committee.

-- For a committee other than a candidate or ballot question committee, the portion of the proceeds from the sale of the political merchandise that would be allocated to each candidate committee and ballot question committee.

-- A statement indicating that it is a violation of Michigan law to spend more than $20 to purchase merchandise at the event, unless the name, address, and occupation, if applicable, of the purchaser is recorded as required by the Act.

The committee would have to ensure that the sign or signs posted pursuant to the bill remained posted during the entire time that political merchandise was offered for sale at the event.

The bill specifies that a candidate committee or ballot question committee that held or sponsored a fund-raising event or was present at any other event where political merchandise was sold to benefit the committee would be subject to the bill's provisions. Any other committee that held or sponsored a fund-raising event or was present at any other event at which political merchandise was sold to benefit a candidate committee or ballot question committee would be subject to these provisions. These provisions would be in addition to all other provisions of the Act applicable to the committee, to the fund-raising event or other event, and to the sale of political merchandise.

(The Act defines "political merchandise" as "goods such as bumper stickers, pins, hats, beverages, literature, or other items sold by a person at a fund raiser or to the general public for publicity or for the purpose of raising funds to be used in supporting or opposing a candidate for nomination for or election to an elective office or in supporting or opposing the qualification, passage, or defeat of a ballot question".)

Proposed MCL 169.240 - Legislative Analyst: G. Towne

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

- Fiscal Analyst: E. Limbs

A9798\S623B

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.