June 1, 2006, Introduced by Reps. Baxter, Taub, 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 sections 24, 26, 29, 35, and 43 (MCL 169.224, 169.226,
169.229, 169.235, and 169.243), section 24 as amended by 1999 PA
237, sections 26 and 29 as amended by 2001 PA 250, and section 35
as amended by 2000 PA 75.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 person who fails to file a
statement of organization required by this subsection shall pay a
late filing fee of $10.00 for each business day the statement
remains not filed in violation of this subsection. The late filing
fee shall not exceed $300.00. 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, street address, and, if available, telephone
number of the successor treasurer who will serve as the treasurer
or other individual designated as responsible for the committee's
record-keeping, report preparation, or report filing if the
individual named under subdivision (b) resigns, dies, or is
incapacitated.
(d) (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.
(e) (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.
(f) (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.
(g) (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.
(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 under subsection (5) shall not be required to file a
dissolution
statement pursuant to under subsection (7) if the
committee failed to 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. 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.
(d) (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.
(e) (f)
The cumulative amount contributed and the name and
address of each individual, except those individuals reported under
subdivision (e)
(d), 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.
(f) (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.
(g) (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.
(h) (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.
(i) (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.
(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) (1)(i),
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.
Sec. 29. (1) A campaign statement filed by a political party
committee shall contain all of the following information:
(a) The full name and street address of each person from whom
contributions are received in a calendar year, the amount, and the
date or dates contributed; and, if the person is a committee, the
name and address of the committee and the full name of the
committee treasurer, together with the amount of the contribution
and the date received. The occupation, employer, and principal
place of business, if any, shall be listed for each person from
whom contributions totaling more than $100.00 are received in a
calendar year.
(b) Accompanying a campaign statement reporting the receipt of
a contribution from a committee or person whose treasurer does not
reside in, whose principal office is not located in, or whose funds
are not kept in this state, and whose committee has not filed a
statement of organization as required in section 24, shall be a
statement setting forth the full name and address of the treasurer
of the committee.
(c) An itemized list of all expenditures, including in-kind
contributions and expenditures and loans, made during the period
covered by the campaign statement that were contributions to a
candidate committee of a candidate for elective office or a ballot
question committee; or independent expenditures in support of the
qualification, passage, or defeat of a ballot question or in
support of the nomination or election of a candidate for elective
office or the defeat of any of the candidate's opponents.
(d) The total expenditure by the committee for each candidate
for elective office or ballot question in whose behalf an
independent expenditure was made or a contribution was given for
the election cycle.
(e) The filer's name, address, and telephone number, if
available, if any, and the full name, address, and telephone
number, if available, of the committee treasurer.
(f) Under the heading "receipts", the total amount of
contributions and other money and things of value received during
the period covered by the campaign statement.
(g) Under the heading "debts and obligations", the total
amount owed by the committee and the total amount owed to the
committee.
(h) A statement showing the ending balance on the closing date
of the last statement filed, the amount received during the
reporting period, the amount expended during the reporting period,
and the ending balance on the closing date of the statement.
(i) The cumulative contributions, other receipts, in-kind
contributions and in-kind expenditures, and expenditures for the
calendar year.
(2) The committee shall identify an expenditure listed under
subsection (1)(c) as an independent expenditure or as a
contribution to a candidate committee or a ballot question
committee.
(3) The committee shall designate for a contribution to or on
behalf of a candidate committee or ballot question committee listed
under subsection (1)(c) the name and address of the committee, the
name of the candidate and the office sought, if any, the amount
contributed, and the date of contribution.
(4) The committee shall designate for an independent
expenditure listed under subsection (1)(c) either the name of the
candidate for whose benefit the expenditure was made and the office
sought by the candidate, or a brief description of the ballot
question for which the expenditure was made; the amount, date, and
purpose of the expenditure; and the full name and address of the
person to whom the expenditure was made.
(5) The committee shall apportion an expenditure listed that
was made in support of more than 1 candidate or ballot question, or
both, reasonably among the candidates or ballot questions, or both.
(6) 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.
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 all of the
following campaign statements:
(a) 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 required by
this subdivision is 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
subdivision.
(b) In each year in which a committee is not required to file
preelection and postelection campaign statements, campaign
statements not later than April 30, July 31, and October 31 with
closing dates of March 31, June 30, and September 30, respectively.
(c) In each year in which a committee is required to file
preelection and postelection campaign statements, a campaign
statement not later than April 30 with a closing date of March 31.
(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 a contribution or make any
an expenditure during the time that would be otherwise covered in
the statement.
(3) 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
for each business day the campaign 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
be $50.00 for each business day the campaign statement remains
unfiled, but not to exceed $1,000.00. 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
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
for each business day the campaign statement remains not filed in
violation of this section. The late filing fee shall not exceed
$500.00.
(4)
A committee filing a written statement
pursuant to under
section
24(5) or (6) need not file a statement
in accordance with
under 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 as provided in 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.
Sec. 43. (1) An expenditure shall not be made, other than for
overhead or normal operating expenses, by an agent or an
independent contractor, including an advertising agency, on behalf
of or for the benefit of a person unless the expenditure is
reported by the committee as if the expenditure were made directly
by the committee, or unless the agent or independent contractor
files a report of an independent expenditure as provided in section
51. The agent or independent contractor shall make known to the
committee all information required to be reported by the committee.
A
person
(2) If a committee reports an expenditure of money paid to an
agent or independent contractor and if the agent or independent
contractor makes an expenditure of that money after the closing
date of the campaign statement in which the committee reports the
expenditure, the committee treasurer or other individual designated
on the statement of organization as responsible for the committee's
record keeping, report preparation, or report filing shall file an
amended campaign statement that contains a detailed itemization of
the expenditure made by the agent or independent contractor. An
amended campaign statement required by this subsection shall be
filed with the filing official within 48 hours after the
expenditure is made by the agent or independent contractor.
(3)
An individual who knowingly is
in violation of this
subsection
violates this section is guilty of a misdemeanor and
shall be punished by a fine of not more than $1,000.00, or
imprisoned
for not more than 90 days, or both.
, and if the A
person is
other than an individual the
person who knowingly
violates this section shall be fined not more than $10,000.00.
Enacting section 1. This amendatory act takes effect January
31, 2007.