October 12, 2011, Introduced by Reps. Tyler, Jacobsen, Kurtz, Price and Knollenberg and referred to the Committee on Redistricting and Elections.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending sections 3, 4, 6, 11, 33, and 34 (MCL 169.203, 169.204,
169.206, 169.211, 169.233, and 169.234), sections 3 and 4 as
amended by 1989 PA 95, section 6 as amended by 2003 PA 69, section
11 as amended by 1996 PA 590, and sections 33 and 34 as amended by
1999 PA 238.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
3. (1) "Candidate" means an individual : (a) who files
who meets 1 or more of the following criteria:
(a) Files a fee, an affidavit of incumbency, or a nominating
petition
for an elective office.; (b) whose nomination
(b) Is nominated as a candidate for elective office by a
political party caucus or convention and whose nomination is
certified
to the appropriate filing official.; (c) who receives
(c) Receives a contribution, makes an expenditure, or gives
consent for another person to receive a contribution or make an
expenditure with a view to bringing about the individual's
nomination or election to an elective office, whether or not the
specific elective office for which the individual will seek
nomination or election is known at the time the contribution is
received
or the expenditure is made.; or (d) who is
(d) Is an officeholder who is the subject of a recall vote.
Unless
(e) Holds an elective office, unless the officeholder is
constitutionally or legally barred from seeking reelection or fails
to file for reelection to that office by the applicable filing
deadline. ,
an elected officeholder shall be An
individual
described in this subdivision is considered to be a candidate for
reelection to that same office for the purposes of this act only.
For purposes of sections 61 to 71, "candidate" only means, in
a primary election, a candidate for the office of governor and, in
a general election, a candidate for the office of governor or
lieutenant governor. However, the candidates for the office of
governor and lieutenant governor of the same political party in a
general election shall be considered as 1 candidate.
(2) "Candidate committee" means the committee designated in a
candidate's filed statement of organization as that individual's
candidate committee. A candidate committee shall be under the
control and direction of the candidate named in the same statement
of organization. Notwithstanding subsection (4), an individual
shall
form a candidate committee pursuant to under section 21 when
if the individual becomes a candidate under subsection (1).
(3) "Closing date" means the date through which a campaign
statement is required to be complete.
(4) "Committee" means a person who receives contributions or
makes expenditures for the purpose of influencing or attempting 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, or the qualification of a new political
party, if contributions received total $500.00 or more in a
calendar year or expenditures made total $500.00 or more in a
calendar year. An individual, other than a candidate, does not
constitute a committee. A person, other than a committee registered
under this act, making an expenditure to a ballot question
committee,
shall not, for that reason, not be considered a
committee for the purposes of this act unless the person solicits
or receives contributions for the purpose of making an expenditure
to that ballot question committee.
Sec. 4. (1) "Contribution" means a payment, gift,
subscription, assessment, expenditure, contract, payment for
services, dues, advance, forbearance, loan, or donation of money or
anything of ascertainable monetary value, or a transfer of anything
of ascertainable monetary value to a person, made for the purpose
of
influencing the nomination or election of a candidate, or for
the qualification, passage, or defeat of a ballot question, or for
the qualification of a new political party.
(2) Contribution includes the full purchase price of tickets
or payment of an attendance fee for events such as dinners,
luncheons, rallies, testimonials, and other fund-raising events; an
individual's own money or property other than the individual's
homestead used on behalf of that individual's candidacy; the
granting of discounts or rebates not available to the general
public; or the granting of discounts or rebates by broadcast media
and newspapers not extended on an equal basis to all candidates for
the same office; and the endorsing or guaranteeing of a loan for
the amount the endorser or guarantor is liable.
(3) Contribution does not include any of the following:
(a) Volunteer personal services provided without compensation,
or payments of costs incurred of less than $500.00 in a calendar
year by an individual for personal travel expenses if the costs are
voluntarily incurred without any understanding or agreement that
the costs shall be, directly or indirectly, repaid.
(b) Food and beverages, not to exceed $100.00 in value during
a calendar year, which are donated by an individual and for which
reimbursement is not given.
(c) An offer or tender of a contribution if expressly and
unconditionally rejected, returned, or refunded in whole or in part
within 30 business days after receipt.
Sec. 6. (1) "Expenditure" means a payment, donation, loan, or
promise of payment of money or anything of ascertainable monetary
value for goods, materials, services, or facilities in assistance
of, or in opposition to, the nomination or election of a candidate,
or
the qualification, passage, or
defeat of a ballot question, or
the qualification of a new political party. Expenditure includes,
but is not limited to, any of the following:
(a) A contribution or a transfer of anything of ascertainable
monetary value for purposes of influencing the nomination or
election
of a candidate, or the qualification, passage, or defeat
of a ballot question, or the qualification of a new political
party.
(b) Except as provided in subsection (2)(f) or (g), an
expenditure for voter registration or get-out-the-vote activities
made by a person who sponsors or finances the activity or who is
identified by name with the activity.
(c) Except as provided in subsection (2)(f) or (g), an
expenditure made for poll watchers, challengers, distribution of
election day literature, canvassing of voters to get out the vote,
or transporting voters to the polls.
(2) Expenditure does not include any of the following:
(a) An expenditure for communication by a person with the
person's paid members or shareholders and those individuals who can
be solicited for contributions to a separate segregated fund under
section 55.
(b) An expenditure for communication on a subject or issue if
the communication does not support or oppose a ballot question or
candidate by name or clear inference.
(c) An expenditure for the establishment, administration, or
solicitation of contributions to a separate segregated fund or
independent committee.
(d) An expenditure by a broadcasting station, newspaper,
magazine, or other periodical or publication for a news story,
commentary, or editorial in support of or opposition to a candidate
for elective office or a ballot question in the regular course of
publication or broadcasting.
(e) An offer or tender of an expenditure if expressly and
unconditionally rejected or returned.
(f) An expenditure for nonpartisan voter registration or
nonpartisan get-out-the-vote activities made by an organization
that
is exempt from federal income tax pursuant to under section
501(c)(3)
of the internal revenue code of 1986, 26 U.S.C. USC 501,
or any successor statute.
(g) An expenditure for nonpartisan voter registration or
nonpartisan
get-out-the-vote activities performed pursuant to under
chapter XXIII of the Michigan election law, 1954 PA 116, MCL
168.491 to 168.524, by the secretary of state and other
registration officials who are identified by name with the
activity.
(h) An expenditure by a state central committee of a political
party or a person controlled by a state central committee of a
political party for the construction, purchase, or renovation of 1
or more office facilities in Ingham county if the facility is not
constructed, purchased, or renovated for the purpose of influencing
the election of a candidate in a particular election. Items
excluded from the definition of expenditure under this subdivision
include expenditures approved in federal election commission
advisory opinions 1993-9, 2001-1, and 2001-12 as allowable
expenditures under the federal election campaign act of 1971,
Public
Law 92-225, 2 U.S.C. USC 431 to 434, 437, 437c to 439a,
439c, 441a to 441h, and 442 to 455, and regulations promulgated
under that act, regardless of whether those advisory opinions have
been superseded.
Sec. 11. (1) "Person" means a business, individual,
proprietorship, firm, partnership, joint venture, syndicate,
business trust, labor organization, company, corporation,
association, committee, or any other organization or group of
persons acting jointly.
(2) "Political committee" means a committee that is not a
candidate committee, political party committee, independent
committee, or ballot question committee.
(3) "Political merchandise" means 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, or in supporting or opposing the
qualification of a new political party.
(4)
"Political party" means a political party which that has
a
right under law to have the names of its candidates listed on the
ballot in a general election.
(5) "Political party committee" means a state central,
district,
or county committee of a political party which or a party
attempting to qualify as a new political party under section 685 of
the Michigan election law, 1954 PA 116, MCL 168.685, that is a
committee. Each state central committee shall designate the
official party county and district committees. There shall not be
more than 1 officially designated political party committee per
county and per congressional district.
(6) "Public body" means 1 or more of the following:
(a) A state agency, department, division, bureau, board,
commission, council, authority, or other body in the executive
branch of state government.
(b) The legislature or an agency, board, commission, or
council in the legislative branch of state government.
(c) A county, city, township, village, intercounty, intercity,
or regional governing body; a council, school district, special
district, or municipal corporation; or a board, department,
commission, or council or an agency of a board, department,
commission, or council.
(d) Any other body that is created by state or local authority
or is primarily funded by or through state or local authority,
which
if the body exercises governmental or proprietary authority
or performs a governmental or proprietary function.
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 of
that year.
(iii) Not later than October 25 with a closing date of October
20 of that year.
(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 of
that year.
(iii) Not later than October 25 with a closing date of October
20 of that year.
(4) A house political party caucus committee or a senate
political party caucus committee required to file with the
secretary of state or a political party committee for a party
attempting to qualify as a new political party under section 685 of
the Michigan election law, 1954 PA 116, MCL 168.685, 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 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.
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.
(c) Campaign statements not later than the following dates
every year:
(i) January 31 with a closing date of December 31 of the
previous year.
(ii) April 25 with a closing date of April 20 of that year.
(iii) July 25 with a closing date of July 20 of that year.
(d) In every odd numbered year, a campaign statement not later
than October 25 with a closing date of October 20 of that year.
(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 approval of
the petition form, not
later
than 35 days after the ballot question is qualified for the
ballot.
petition form is approved
under section 483a of the
Michigan
election law, 1954 PA 116, MCL 168.483a. If
the ballot
question
fails to qualify for the ballot petition
form is not
approved, the ballot question committee shall file the campaign
statement within 35 days after the final deadline for qualifying
for the ballot, 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,
pursuant to the following schedule:
(a) First day--$25.00.
(b) Second day--$50.00.
(c) Third day--$75.00.
(d) Fourth day and for each subsequent day that the statement
remains unfiled--$100.00.
(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 for each
business day the campaign statement remains unfiled, but not to
exceed $1,000.00. 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 $2,000.00.
(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 for each business day the campaign statement
remains unfiled, but not to exceed $1,000.00. 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 $2,000.00.
(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.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 5063(request no.
01483'11) of the 96th Legislature is enacted into law.