HOUSE BILL No. 4748

 

May 10, 2005, Introduced by Reps. Lemmons, III and Lemmons, Jr. 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 18 (MCL 169.218), as added by 1999 PA 238.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 18. (1) The secretary of state shall develop and

 

implement an electronic filing and internet disclosure system that

 

permits committees that are required to file statements or reports

 

under this act with the secretary of state to file those statements

 

or reports electronically and that provides internet disclosure of

 

electronically filed statements or reports on a website.

 

     (2)  By July 1, 2000, the  The secretary of state shall offer

 

each committee required to file with the secretary of state the


 

option of filing campaign statements or reports electronically, as

 

described in subsection (1).

 

     (3) The electronic filing advisory board is created within the

 

department of state. The board shall consist of the following

 

members:

 

     (a) One member of the senate appointed by the senate majority

 

leader.

 

     (b) One member of the senate appointed by the senate minority

 

leader.

 

     (c) One member of the house of representatives appointed by

 

the speaker of the house.

 

     (d) One member of the house of representatives appointed by

 

the house minority leader.

 

     (e) The secretary of state or his or her designee.

 

     (4) The members first appointed to the board shall be

 

appointed within 60 days after the effective date of this section.

 

Members of the board shall serve for the life of the board.

 

     (5) If a member of the board appointed under subsection

 

(3)(a), (b), (c), or (d) vacates his or her office as a member of

 

the board, a successor shall be appointed in the same manner as the

 

vacating member was appointed.

 

     (6) A member of the board appointed under subsection (3)(a),

 

(b), (c), or (d) may be removed from office as a member of the

 

board by the officer who appointed him or her, for incompetency,

 

dereliction of duty, malfeasance, misfeasance, or nonfeasance in

 

office, or any other good cause.

 

     (7) The first meeting of the board shall be called by the


 

secretary of state. At the first meeting, the board shall elect

 

from among its members a chairperson and other officers as it

 

considers necessary or appropriate. After the first meeting, the

 

board shall meet at least quarterly, or more frequently at the call

 

of the chairperson or if requested by 2 or more members.

 

     (8) A majority of the members of the board constitute a quorum

 

for the transaction of business at a meeting of the board. A

 

majority of the members present and serving are required for

 

official action of the board.

 

     (9) The business that the board may perform shall be conducted

 

at a public meeting of the board held in compliance with the open

 

meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

     (10) A writing prepared, owned, used, in the possession of, or

 

retained by the board in the performance of an official function is

 

subject to the freedom of information act, 1976 PA 442, MCL 15.231

 

to 15.246.

 

     (11) Members of the board shall serve without compensation.

 

However, members of the board may be reimbursed for their actual

 

and necessary expenses incurred in the performance of their

 

official duties as members of the board.

 

     (12) The department of state shall provide staff for the

 

board.

 

     (13) The board shall do all of the following:

 

     (a) Monitor the voluntary electronic filing of campaign

 

statements under subsection (2) in the 2000 and 2002 election cycle

 

by candidate committees that received or expended more than

 

$20,000.00 in the preceding election cycle.


 

     (b) Monitor the internet disclosure of electronically filed

 

campaign statements described in subdivision (a).

 

     (c) By February 1, 2003, prepare and submit to members of the

 

legislature a report on the effectiveness and ease of use of the

 

electronic filing and internet disclosure system.

 

     (14) The board is dissolved 60 days after issuing the report

 

under subsection (13).

 

     (3)  (15)  Beginning with the annual campaign statement due

 

January 31, 2004, each committee required to file with the

 

secretary of state that received or expended $20,000.00 or more in

 

the preceding calendar year or expects to receive or expend

 

$20,000.00 or more in the current calendar year shall

 

electronically file all statements and reports required under this

 

act, as described in subsection (1).

 

     (4)  (16)  If a committee was not required to file a campaign

 

statement under subsection  (15)  (3) only because it did not meet

 

the applicable threshold of receiving or expending $20,000.00 or

 

more, but the committee later reaches that threshold, the committee

 

shall notify the secretary of state within 10 business days after

 

reaching that threshold and shall subsequently file electronically

 

all statements and reports required under this act.

 

     (5)  (17)  The secretary of state shall permit a committee to

 

electronically file statements and reports required under this act,

 

as described in subsection (1), except an original statement of

 

organization, after the committee treasurer and, for a candidate

 

committee, the candidate has signed and filed a form designed by

 

the secretary of state to serve as the signature verifying the


 

accuracy and completeness of each statement or report filed

 

electronically.

 

     (6) The secretary of state shall make available through his or

 

her offices 1 or more computers connected to the internet for the

 

use of committees required or electing to file campaign statements

 

electronically and 1 or more assistants at each office where a

 

computer is located under this subsection to provide assistance to

 

individuals in filing campaign statements electronically.