June 1, 2006, Introduced by Reps. Kooiman, Taub, Espinoza, Sheltrown, Schuitmaker, Elsenheimer, Ward, Stahl, Proos, Mortimer, Ball and Nitz 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 sections 15, 17, 24, 32, 33, 34, and 35 (MCL 169.215,
169.217, 169.224, 169.232, 169.233, 169.234, and 169.235), section
15 as amended by 2001 PA 250, section 17 as amended by 1989 PA 95,
section 24 as amended by 1999 PA 237, section 32 as amended by 1999
PA 236, sections 33 and 34 as amended by 1999 PA 238, and section
35 as amended by 2000 PA 75.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 15. (1) The secretary of state shall do all of the
following:
(a) Make available through his or her offices, and furnish to
county clerks, appropriate forms, instructions, and manuals
required by this act.
(b) Develop a filing, coding, and cross-indexing system for
the filing of required reports and statements consistent with the
purposes of this act, and supervise the implementation of the
filing systems by the clerks of the counties.
(c) Receive all statements and reports required by this act to
be filed with the secretary of state.
(d) Prepare forms, instructions, and manuals required under
this act.
(e) Promulgate rules and issue declaratory rulings to
implement this act in accordance with the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(f) Upon receipt of a written request and the required filing,
waive payment of a late filing fee if the request for the waiver is
based on good cause and accompanied by adequate documentation. One
or more of the following reasons constitute good cause for a late
filing fee waiver:
(i) The incapacitating physical illness, hospitalization,
accident involvement, death, or incapacitation for medical reasons
of a person required to file, a person whose participation is
essential to the preparation of the statement or report, or a
member of the immediate family of these persons.
(ii) Other unique, unintentional factors beyond the filer's
control not stemming from a negligent act or nonaction so that a
reasonably prudent person would excuse the filing on a temporary
basis. These factors include the loss or unavailability of records
due to a fire, flood, theft, or similar reason and difficulties
related to the transmission of the filing to the filing official,
such as exceptionally bad weather or strikes involving
transportation systems.
(g) Within 30 days following a date on which statements from
candidate committees are due under sections 33 and 35, prepare and
make available to the public a report of candidates and committees
that have been determined to have violated this act that contains
at least all of the following:
(i) The name of each violator.
(ii) The amount of fine assessed for the violation.
(iii) Whether the fine has been paid.
(h) Make available to the public on the internet all of the
following:
(i) Declaratory rulings under this act.
(ii) Interpretive statements under this act.
(iii) The summary required by subsection (4).
(iv) The report of violations required by subdivision (g).
(2) A declaratory ruling shall be issued under this section
only if the person requesting the ruling has provided a reasonably
complete statement of facts necessary for the ruling or if the
person requesting the ruling has, with the permission of the
secretary of state, supplied supplemental facts necessary for the
ruling. A request for a declaratory ruling that is submitted to the
secretary of state shall be made available for public inspection
within 48 hours after its receipt. An interested person may submit
written comments regarding the request to the secretary of state
within 10 business days after the date the request is made
available to the public. Within 45 business days after receiving a
declaratory ruling request, the secretary of state shall make a
proposed response available to the public. An interested person may
submit written comments regarding the proposed response to the
secretary of state within 5 business days after the date the
proposal is made available to the public. Except as otherwise
provided in this section, the secretary of state shall issue a
declaratory ruling within 60 business days after a request for a
declaratory ruling is received. If the secretary of state refuses
to issue a declaratory ruling, the secretary of state shall notify
the person making the request of the reasons for the refusal and
shall issue an interpretative statement providing an informational
response to the question presented within the same time limitation
applicable to a declaratory ruling. A declaratory ruling or
interpretative statement issued under this section shall not state
a general rule of law, other than that which is stated in this act,
until the general rule of law is promulgated by the secretary of
state as a rule under the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328, or under judicial order.
(3) Under extenuating circumstances, the secretary of state
may issue a notice extending for not more than 30 business days the
period during which the secretary of state shall respond to a
request for a declaratory ruling. The secretary of state shall not
issue more than 1 notice of extension for a particular request. A
person requesting a declaratory ruling may waive, in writing, the
time limitations provided by this section.
(4) The secretary of state shall make available to the public
an annual summary of the declaratory rulings and interpretative
statements issued by the secretary of state.
(5) A person may file with the secretary of state a complaint
that alleges a violation of this act. Within 5 business days after
a complaint that meets the requirements of subsection (6) is filed,
the secretary of state shall give notice to the person against whom
the complaint is filed. The notice shall include a copy of the
complaint. Within 15 business days after this notice is provided,
the person against whom the complaint was filed may submit to the
secretary of state a response. The secretary of state may extend
the period for submitting a response an additional 15 business days
for good cause. The secretary of state shall provide a copy of a
response received to the complainant. Within 10 business days after
receiving a copy of the response, the complainant may submit to the
secretary of state a rebuttal statement. The secretary of state may
extend the period for submitting a rebuttal statement an additional
10 business days for good cause. The secretary of state shall
provide a copy of the rebuttal statement to the person against whom
the complaint was filed.
(6) A complaint under subsection (5) shall satisfy all of the
following requirements:
(a) Be signed by the complainant.
(b) State the name, address, and telephone number of the
complainant.
(c) Include the complainant's certification that, to the best
of the complainant's knowledge, information, and belief, formed
after a reasonable inquiry under the circumstances, each factual
contention of the complaint is supported by evidence. However, if,
after a reasonable inquiry under the circumstances, the complainant
is unable to certify that certain factual contentions are supported
by evidence, the complainant may certify that, to the best of his
or her knowledge, information, or belief, there are grounds to
conclude that those specifically identified factual contentions are
likely to be supported by evidence after a reasonable opportunity
for further inquiry.
(7) The secretary of state shall develop a form that satisfies
the requirements of subsection (6) and may be used for the filing
of complaints.
(8) A person who files a complaint with a false certificate
under subsection (6)(c) is responsible for a civil violation of
this act. A person may file a complaint under subsection (5)
alleging that another person has filed a complaint with a false
certificate under subsection (6)(c).
(9) The secretary of state shall investigate the allegations
under the rules promulgated under this act. Every 60 days after a
complaint that meets the requirements of subsection (6) is filed
and until the matter is terminated, the secretary of state shall
mail to the complainant and to the alleged violator notice of the
action taken to date by the secretary of state, together with the
reasons for the action or nonaction.
(10) If the secretary of state determines that there may be
reason to believe that a violation of this act has occurred, the
secretary of state shall endeavor to correct the violation or
prevent a further violation by using informal methods such as a
conference, conciliation, or persuasion, and may enter into a
conciliation agreement with the person involved. Unless violated, a
conciliation agreement is a complete bar to any further action with
respect to matters covered in the conciliation agreement. If the
secretary of state is unable to correct or prevent further
violation by these informal methods, the secretary of state may
refer the matter to the attorney general for the enforcement of a
criminal penalty provided by this act or commence a hearing as
provided in subsection (11).
(11) The secretary of state may commence a hearing to
determine whether a civil violation of this act has occurred. A
hearing shall not be commenced during the period beginning 30 days
before an election in which the committee has received or expended
money and ending the day after that election except with the
consent of the person suspected of committing a civil violation.
The hearing shall be conducted in accordance with the procedures
set forth in chapter 4 of the administrative procedures act of
1969, 1969 PA 306, MCL 24.271 to 24.287. If after a hearing the
secretary of state determines that a violation of this act has
occurred, the secretary of state may issue an order requiring the
person to pay a civil fine equal to the amount of the improper
contribution or expenditure plus not more than $1,000.00 for each
violation.
(12) A final decision and order issued by the secretary of
state is subject to judicial review as provided by chapter 6 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.301 to
24.306. The secretary of state shall deposit a civil fine imposed
under this section in the general fund. The secretary of state may
bring an action in circuit court to recover the amount of a civil
fine.
(13) When a report or statement is filed under this act, the
secretary of state shall review the report or statement and may
investigate an apparent violation of this act under the rules
promulgated under this act. If the secretary of state determines
that there may be reason to believe a violation of this act has
occurred and the procedures prescribed in subsection (10) have been
complied with, the secretary of state may refer the matter to the
attorney general for the enforcement of a criminal penalty provided
by this act, or commence a hearing under subsection (11) to
determine whether a civil violation of this act has occurred.
(14) The secretary of state shall randomly audit 9 committees
for each general election cycle. An audit under this subsection
shall include, but not be limited to, a review of all statements
and reports that the committee is required by law to file and that
were filed within 3 years before the audit, and all accounts,
records, bills, and receipts that the committee is required by law
to keep. In performing an audit under this subsection, the
secretary of state shall not review a statement or report filed
before the effective date of the amendatory act that added this
subsection. The committees audited under this subsection shall be
composed of all of the following:
(a) Three candidate committees.
(b) Three ballot question committees.
(c) Three independent or political committees.
(15) (14)
Unless otherwise specified in this act, a person
who violates a provision of this act is subject to a civil fine of
not more than $1,000.00 for each violation. A civil fine is in
addition to, but not limited by, a criminal penalty prescribed by
this act.
(16) (15)
In addition to any other sanction provided for by
this act, the secretary of state may require a person who files a
complaint with a false certificate under subsection (6)(c) to do
either or both of the following:
(a) Pay to the secretary of state some or all of the expenses
incurred by the secretary of state as a direct result of the filing
of the complaint.
(b) Pay to the person against whom the complaint was filed
some or all of the expenses, including, but not limited to,
reasonable attorney fees incurred by that person in proceedings
under this act as a direct result of the filing of the complaint.
(17) (16)
There is no private right of action, either in law
or in equity, under this act. The remedies provided in this act are
the exclusive means by which this act may be enforced and by which
any harm resulting from a violation of this act may be redressed.
(18) (17)
The secretary of state may waive the filing of a
campaign statement required under section 33, 34, or 35 if the
closing date of the particular campaign statement falls on the same
or a later date as the closing date of the next campaign statement
filed by the same person, or if the period that would be otherwise
covered by the next campaign statement filed by the same person is
10 days or less.
(19) (18)
The clerk of each county shall do all of the
following:
(a) Make available through the county clerk's office the
appropriate forms, instructions, and manuals required by this act.
(b) Under the supervision of the secretary of state, implement
the filing, coding, and cross-indexing system prescribed for the
filing of reports and statements required to be filed with the
county clerk's office.
(c) Receive all statements and reports required by this act to
be filed with the county clerk's office.
(d) Upon written request, waive the payment of a late filing
fee if the request for a waiver is based on good cause as
prescribed in subsection (1)(f).
Sec. 17. (1) A person paying a late filing fee as a result of
that
person's the failure to file a statement or report shall pay
that fee to the filing official with whom the statement or report
was required to be filed.
(2) The late filing fees collected pursuant to sections 24,
33, 34, and 35, and copying charges collected pursuant to section
16, shall be retained by and for the use of the filing officials
collecting the fees or charges to cover their expenses in
administering this act. A late filing fee assessed by a county
clerk that remains unpaid for more than 60 days shall be considered
a debt of the county and shall be collected by the county treasurer
in
the same manner as other county debts are collected. A
(3) The secretary of state may commence a civil action to
collect a late filing fee assessed by the secretary of state that
remains unpaid for more than 90 days. If the late filing fee is
assessed against a candidate committee, a civil action commenced
under this subsection shall be filed against the candidate named in
the candidate committee's statement of organization. If a civil
action to collect the late filing fee has not been commenced under
this subsection and the late filing fee remains unpaid for more
than 180 days, the late filing fee shall be referred to the
department of treasury for collection.
(4) (3)
A committee, other than a candidate committee or a
committee making expenditures in assistance of or in opposition to
the qualification, passage, or defeat of a ballot question,
required to file with the secretary of state is not required to pay
a
late filing fee pursuant to sections section 24, 33, 34, and
or 35, if all of the following conditions are met:
(a) A
The committee is
required to register as a committee
and fails to file a statement of organization.
(b)
The secretary of state sends to that the
committee
notice of the committee's failure to file a statement of
organization.
(c) At the same time or after the notice described in
subdivision
(b) is sent, the secretary of state sends to that the
committee notice of the committee's failure to file a campaign
statement that was due for a period that occurred before the notice
of failure to file a statement of organization was sent.
(d) Within 10 business days after the notice of failure to
file a statement of organization is sent, the committee files a
statement of organization.
(e) Within 10 business days after the notice of failure to
file a campaign statement is sent, the committee files every
campaign statement that is due from the committee.
(5) (4)
Late filing fees that would have occurred
been
assessed
except for subsection (3)
(4) shall be assessed for each
statement not filed before the eleventh business day after a notice
of
failure to file is sent pursuant to subsection (3) (4).
(6) (5)
A committee other than a candidate committee that
has not previously filed a statement of organization is not
required
to pay a late filing fee pursuant to
sections section
24,
33, 34, and or
35, if the committee files a statement
of
organization and every campaign statement that is due, before the
secretary of state sends a notice to that committee pursuant to
subsection (3)
(4).
(7) A late filing fee assessed under section 24, 32, 33, or 35
as a result of the failure of a person to file a statement or
report a contribution for a candidate committee shall be paid by
the candidate named in the candidate committee's statement of
organization from his or her personal funds and not from committee
funds.
(8) A person subject to a late filing fee under section 24,
32, 33, or 35 because of a failure to comply with this act that
occurred before the effective date of the amendatory act that added
this subsection is only subject to the amount of the late filing
fee that the person would have been subject to for that failure
before the effective date of the amendatory act that added this
subsection. This subsection only applies to a person who pays the
late filing fee within 3 months of the effective date of the
amendatory act that added this subsection.
Sec. 24. (1) A committee shall file a statement of
organization with the filing officials designated in section 36 to
receive the committee's campaign statements. A statement of
organization shall be filed within 10 days after a committee is
formed. A filing official shall maintain a statement of
organization filed by a committee until 5 years after the official
date
of the committee's dissolution. A Subject
to section 17(7),
a person who fails to file a statement of organization required by
this
subsection shall pay a late filing fee of $10.00 $16.00
for
each business day the statement remains not filed in violation of
this
subsection. The late filing fee shall not exceed $300.00
$480.00. A person who violates this subsection by failing to file
for more than 30 days after a statement of organization is required
to be filed is guilty of a misdemeanor punishable by a fine of not
more than $1,000.00.
(2) The statement of organization required by subsection (1)
shall include the following information:
(a)
The name, street address, and, if available, the
telephone number of the committee. If a committee is a candidate
committee, the committee name shall include the first and last name
of the candidate. A committee address may be the home address of
the candidate or treasurer of the committee.
(b)
The name, street address, and, if available, the
telephone number of the treasurer or other individual designated as
responsible for the committee's record keeping, report preparation,
or report filing.
(c) The name and address of the financial institution in which
the official committee depository is or is intended to be located,
and the name and address of each financial institution in which a
secondary depository is or is intended to be located.
(d) The full name of the office being sought by, including
district number or jurisdiction, and the county residence of each
candidate supported or opposed by the committee.
(e) A brief statement identifying the substance of each ballot
question supported or opposed by the committee. If the ballot
question supported or opposed by the committee is not statewide,
the committee shall identify the county in which the greatest
number of registered voters eligible to vote on the ballot question
reside.
(f) Identification of the committee as a candidate committee,
political party committee, independent committee, political
committee, or ballot question committee if it is identifiable as
such a committee.
(3) An independent committee or political committee shall
include in the name of the committee the name of the person or
persons that sponsor the committee, if any, or with whom the
committee is affiliated. A person, other than an individual or a
committee, sponsors or is affiliated with an independent committee
or political committee if that person establishes, directs,
controls, or financially supports the administration of the
committee. For the purposes of this subsection, a person does not
financially support the administration of a committee by merely
making a contribution to the committee.
(4) If any of the information required in a statement of
organization is changed, the committee shall file an amendment when
the next campaign statement is required to be filed. An independent
committee or political committee whose name does not include the
name of the person or persons that sponsor the committee or with
whom the committee is affiliated as required by subsection (3)
shall file an amendment to the committee's statement of
organization not later than the date the next campaign statement is
required
to be filed after the effective date of the amendatory
act
that added this sentence April
1, 1995.
(5) When filing a statement of organization, a committee,
other than an independent committee, a political committee, or a
political party committee, may indicate in a written statement
signed by the treasurer of the committee that the committee does
not expect for each election to receive an amount in excess of
$1,000.00 or expend an amount in excess of $1,000.00.
(6) When filing a statement of organization, an independent
committee, a political committee, or a political party committee
may indicate in a written statement signed by the treasurer of the
committee that the committee does not expect in a calendar year to
receive or expend an amount in excess of $1,000.00.
(7) Upon the dissolution of a committee, the committee shall
file a statement indicating dissolution with the filing officials
with whom the committee's statement of organization was filed.
Dissolution of a committee shall be accomplished pursuant to rules
promulgated by the secretary of state under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(8) A candidate committee that files a written statement
pursuant
to subsection (5) shall is
not be required
to file a
dissolution statement pursuant to subsection (7) if the committee
failed
to did not receive or expend an amount in excess of
$1,000.00 and 1 of the following applies:
(a) The candidate was defeated in an election and has no
outstanding campaign debts or assets.
(b) The candidate vacates an elective office and has no
outstanding campaign debts or assets.
Sec. 32. (1) A committee, candidate, treasurer, or other
individual designated as responsible for the committee's record
keeping, record preparation, or report filing shall report a late
contribution by filing with the filing officer within 48 hours
after its receipt the full name, street address, occupation,
employer, and principal place of business of the contributor.
(2) Filing of a report of a late contribution pursuant to
subsection (1) may be by any written means of communication and
need not contain an original signature.
(3) A late contribution shall be reported on subsequent
campaign statements without regard to reports filed pursuant to
subsection (1). If a campaign statement has not been filed, a late
contribution may be reported, if practicable, in the campaign
statement
and, if so reported, need not
, therefore, be reported
in a subsequent campaign statement.
(4) A
Subject to section 17(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 report a late contribution as required by subsection
(1)
shall pay a late filing fee, that shall not exceed $2,000.00
$3,200.00, determined as follows:
(a) Twenty-five
Forty dollars for each business day the
report remains unfiled.
(b)
An additional $25.00 $40.00 for each business day after
the first 3 business days the report remains unfiled.
(c)
An additional $50.00 $80.00 for each business day after
the first 10 business days the report remains unfiled.
(5) As used in this section, "late contribution" means a
contribution of $200.00 or more received after the closing date of
the last campaign statement required to be filed before an
election.
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 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 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
shall file campaign statements as required by this act according to
the following schedule:
(a) In an odd numbered year:
(i) Not later than January 31 of
that year with a closing
date of December 31 of the previous 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.
(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 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
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
Subject to section 17(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
$40.00 for each business day the statement remains unfiled, but not
to
exceed $500.00 $800.00. 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 $1,600.00, determined as
follows:
(a) Twenty-five
Forty dollars for each business day the
report remains unfiled.
(b)
An additional $25.00 $40.00 for each business day after
the first 3 business days the report remains unfiled.
(c)
An additional $50.00 $80.00 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.
Sec. 34. (1) A ballot question committee shall file a campaign
statement as required by this act according to the following
schedule:
(a) A preelection campaign statement, the closing date of
which shall be the sixteenth day before the election, shall not be
filed later than the eleventh day before the election.
(b) A postelection campaign statement, the closing date of
which shall be the twentieth day following the election, shall not
be filed later than the thirtieth day following an election. If all
liabilities of the 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) A ballot question committee supporting or opposing a
statewide ballot question shall file a campaign statement, of which
the closing date shall be the twenty-eighth day after the
qualification of the measure, not later than 35 days after the
ballot question is qualified for the ballot. If the ballot question
fails to qualify for the ballot, the ballot question committee
shall file the campaign statement within 35 days after the final
deadline for qualifying, the closing date of which shall be the
twenty-eighth day after the deadline.
(3) If a ballot question committee supporting or opposing a
statewide ballot question fails to file a preelection statement
under this section, that committee or its treasurer shall pay a
late filing fee for each business day the statement remains not
filed
in violation of this section, not to exceed $1,000.00
$1,600.00, pursuant to the following schedule:
(a)
First day-- $25.00 $40.00.
(b)
Second day-- $50.00 $80.00.
(c)
Third day-- $75.00 $120.00.
(d) Fourth day and for each subsequent day that the statement
remains
unfiled-- $100.00 $160.00.
(4) If a treasurer or other individual designated as
responsible for the record keeping, report preparation, or report
filing of a ballot question committee supporting or opposing a
statewide ballot question fails to file a statement, other than a
preelection statement, under this section, that committee,
treasurer, or other designated individual 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 $40.00
for
each business day the campaign statement remains unfiled, but not
to
exceed $1,000.00 $1,600.00.
If the committee has raised more
than $10,000.00 during the previous 2 years, the late filing fee
shall
be $50.00 $80.00 for each business day the campaign
statement
remains unfiled, but not to exceed
$2,000.00 $3,200.00.
(5) If a treasurer or other individual designated as
responsible for the record keeping, report preparation, or report
filing of a ballot question committee supporting or opposing other
than a statewide ballot question fails to file a statement under
this section, that committee, treasurer, or other designated
individual 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 $40.00 for each business day the campaign
statement
remains unfiled, but not to exceed
$1,000.00 $1,600.00.
If the committee has raised more than $10,000.00 during the
previous
2 years, the late filing fee shall be
$50.00 $80.00
for
each business day the campaign statement remains unfiled, but not
to
exceed $2,000.00 $3,200.00.
(6) If a treasurer or other individual designated as
responsible for the record keeping, report preparation, or report
filing of a ballot question committee fails to file a statement as
required by subsection (1) or (2) for more than 7 days, that
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.
(7) If a treasurer or other individual designated as
responsible for the record keeping, report preparation, or report
filing of a ballot question committee 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.
Sec. 35. (1) In addition to any other requirements of this act
for filing a campaign statement, a committee, other than an
independent committee or a political committee required to file
with the secretary of state, shall also file a campaign statement
not later than January 31 of each year. The campaign statement
shall have a closing date of December 31 of the previous year. The
period covered by the campaign statement filed pursuant to this
subsection begins the day after the closing date of the previous
campaign statement. A campaign statement filed pursuant to this
subsection shall be waived if a postelection campaign statement has
been filed that has a filing deadline within 30 days of the closing
date of the campaign statement required by this subsection.
(2) Subsection (1) does not apply to a candidate committee for
an officeholder who is a judge or a supreme court justice, or who
holds an elective office for which the salary is less than $100.00
a month and who does not receive any contribution or make any
expenditure during the time that would be otherwise covered in the
statement.
(3) A
Subject to section 17(7), a committee, candidate,
treasurer, or other individual designated as responsible for the
record keeping, report preparation, or report filing for a
candidate committee of a candidate for state elective office or a
judicial office who fails to file a campaign statement under this
section shall be assessed 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 $40.00 for each business day the
campaign
statement remains unfiled, but not to exceed $500.00
$800.00. If the committee has raised more than $10,000.00 during
the
previous 2 years, the late filing fee shall be $50.00 $80.00
for each business day the campaign statement remains unfiled, but
not
to exceed $1,000.00 $1,600.00. The
late filing fee assessed
under
this subsection shall be paid by the candidate, and the
candidate
shall not use committee funds to pay that fee. A Subject
to section 17(7), a committee, treasurer, or other individual
designated as responsible for the record keeping, report
preparation, or report filing for a committee other than a
candidate committee of a candidate for state elective office or a
judicial office who fails to file a campaign statement under this
section
shall pay a late filing fee of $25.00 $40.00 for each
business day the campaign statement remains not filed in violation
of
this section. The late filing fee shall not exceed $500.00
$800.00.
(4) A committee filing a written statement pursuant to section
24(5) or (6) need not file a statement in accordance with
subsection (1). If a committee receives or expends more than
$1,000.00 during a time period prescribed by section 24(5) or (6),
the committee is then subject to the campaign filing requirements
under this act and shall file a campaign statement for the period
beginning the day after the closing date of the last postelection
campaign statement or an annual campaign statement that is waived
pursuant to subsection (1), whichever occurred earlier.
(5) If a candidate, treasurer, or other individual designated
as responsible for the record keeping, report preparation, or
report filing fails to file 2 statements required by this section
or section 33 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.
(6) If a treasurer or other individual designated as
responsible for the record keeping, report preparation, or report
filing for a committee required to file a campaign statement under
subsection (1) 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.
Enacting section 1. This amendatory act takes effect January
31, 2007.