HB-6130, As Passed House, September 13, 2006

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6130

 

June 1, 2006, Introduced by Reps. Taub, Tobocman, Sheltrown, Schuitmaker, Elsenheimer, Ward, Stahl, Proos, Mortimer, Ball, Nitz and Kooiman and referred to the Committee on House Oversight, Elections, and Ethics.

 

     A bill to amend 1976 PA 388, entitled

 

"Michigan campaign finance act,"

 

by amending section 33 (MCL 169.233), as amended by 1999 PA 238.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 33. (1) A committee, other than an independent committee

 

or a political committee required to file with the secretary of

 

state, supporting or opposing a candidate shall file complete

 

campaign statements as required by this act and the rules

 

promulgated under this act. The campaign statements shall be filed

 

according to the following schedule:

 

     (a) A preelection campaign statement shall be filed not later

 

than the eleventh day before an election. The closing date for a

 


campaign statement filed under this subdivision  shall be  is the

 

sixteenth day before the election.

 

     (b) A postelection campaign statement shall be filed not later

 

than the thirtieth day following the election. The closing date for

 

a campaign statement filed under this subdivision  shall be  is the

 

twentieth day following the election. A committee supporting a

 

candidate who loses the primary election shall file closing

 

campaign statements in accordance with this section. If all

 

liabilities of such a candidate or committee are paid before the

 

closing date and additional contributions are not expected, the

 

campaign statement may be filed at any time after the election, but

 

not later than the thirtieth day following the election.

 

     (2) For the purposes of subsection (1):

 

     (a) A candidate committee shall file a preelection campaign

 

statement and a postelection campaign statement for each election

 

in which the candidate seeks nomination or election, except if an

 

individual becomes a candidate after the closing date for the

 

preelection campaign statement only the postelection campaign

 

statement is required for that election.

 

     (b) A committee other than a candidate committee shall file a

 

campaign statement for each period during which expenditures are

 

made for the purpose of influencing the nomination or election of a

 

candidate or for the qualification, passage, or defeat of a ballot

 

question.

 

     (3) An independent committee or a political committee other

 

than a house political party caucus committee or senate political

 

party caucus committee required to file with the secretary of state

 


House Bill No. 6130 as amended September 13, 2006

shall file campaign statements as required by this act according to

 

the following schedule:

 

     [(a) In an odd numbered year:

 

     (a)(i)] Not later than January 31 of that year [of each year] with

a closing

 

date of December 31 of the previous year.

     [(b) Not later than April 25 with a closing date of April 20.

     [(c)(ii)] Not later than July 25 with a closing date of July 20.

 

     [(d)(iii)] Not later than October 25 with a closing date of October

 

20.

 

     [(b) In an even numbered year:

 

     (i) Not later than April 25 of that year  with a closing date

 

of April 20 of that year.

 

     (ii) Not later than July 25 with a closing date of July 20.

 

     (iii) Not later than October 25 with a closing date of October

 

20.]

 

     (4) A house political party caucus committee or a senate

 

political party caucus committee required to file with the

 

secretary of state shall file campaign statements as required by

 

this act in each year according to the following schedule:

 

     (a) Not later than January 31  of each year  with a closing

 

date of December 31 of the  immediately  preceding year.

 

     (b) Not later than April 25  of each year  with a closing date

 

of April 20.  of that year.

 

     (c) Not later than July 25  of each year  with a closing date

 

of July 20.  of that year.

 

     (d) Not later than October 25  of each year  with a closing

 

date of October 20.  of that year.

 

     (e) For the period beginning on the fourteenth day immediately

 


preceding a primary or special primary election and ending on the

 

day immediately following the primary or special primary election,

 

not later than 4 p.m. each business day with a closing date of the

 

immediately preceding day, only for a contribution received or

 

expenditure made that exceeds $1,000.00 per day.

 

     (f) For the period beginning on the fourteenth day immediately

 

preceding a general or special election and ending on the day

 

immediately following the general or special election, not later

 

than 4 p.m. each business day with a closing date of the

 

immediately preceding day, only for a contribution received or

 

expenditure made that exceeds $1,000.00 per day.

 

     (5) Notwithstanding subsection (3) or (4) or section 51, if an

 

independent expenditure is made within 45 days before  a special  

 

an election by an independent committee or a political committee

 

required to file a campaign statement with the secretary of state,

 

a report of the expenditure shall be filed by the committee with

 

the secretary of state within 48 hours after the expenditure. The

 

report shall be made on a form provided by the secretary of state

 

and shall include the date of the independent expenditure, the

 

amount of the expenditure, a brief description of the nature of the

 

expenditure, and the name and address of the person to whom the

 

expenditure was paid. The brief description of the expenditure

 

shall include either the name of the candidate and the office

 

sought by the candidate or the name of the ballot question and

 

shall state whether the expenditure supports or opposes the

 

candidate or ballot question. This subsection does not apply if the

 

committee is required to report the independent expenditure in a

 


campaign statement that is required to be filed before the date of

 

the election for which the expenditure was made.

 

     (6) A candidate committee or a committee other than a

 

candidate committee that files a written statement under section

 

24(5) or (6) need not file a campaign statement under subsection

 

(1), (3), or (4) unless it received or expended an amount in excess

 

of $1,000.00. If the committee receives or expends an amount in

 

excess of $1,000.00 during a period covered by a filing, the

 

committee is then subject to the campaign filing requirements under

 

this act.

 

     (7) A committee, candidate, treasurer, or other individual

 

designated as responsible for the committee's record keeping,

 

report preparation, or report filing who fails to file a statement

 

as required by this section shall pay a late filing fee. If the

 

committee has raised $10,000.00 or less during the previous 2

 

years, the late filing fee shall be $25.00 for each business day

 

the statement remains unfiled, but not to exceed $500.00. If the

 

committee has raised more than $10,000.00 during the previous 2

 

years, the late filing fee shall not exceed $1,000.00, determined

 

as follows:

 

     (a) Twenty-five dollars for each business day the report

 

remains unfiled.

 

     (b) An additional $25.00 for each business day after the first

 

3 business days the report remains unfiled.

 

     (c) An additional $50.00 for each business day after the first

 

10 business days the report remains unfiled.

 

     (8) If a candidate, treasurer, or other individual designated

 


as responsible for the committee's record keeping, report

 

preparation, or report filing fails to file 2 statements required

 

by this section or section 35 and both of the statements remain

 

unfiled for more than 30 days, that candidate, treasurer, or other

 

designated individual is guilty of a misdemeanor, punishable by a

 

fine of not more than $1,000.00, or imprisonment for not more than

 

90 days, or both.

 

     (9) If a candidate is found guilty of a violation of this

 

section, the circuit court for that county, on application by the

 

attorney general or the prosecuting attorney of that county, may

 

prohibit that candidate from assuming the duties of a public office

 

or from receiving compensation from public funds, or both.

 

     (10) If a treasurer or other individual designated as

 

responsible for a committee's record keeping, report preparation,

 

or report filing knowingly files an incomplete or inaccurate

 

statement or report required by this section, that treasurer or

 

other designated individual is subject to a civil fine of not more

 

than $1,000.00.