January 19, 2012, Introduced by Reps. Lindberg, Constan, Segal, Liss, Bauer, Cavanagh, Slavens and Tlaib and referred to the Committee on Redistricting and Elections.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending sections 5 and 11 (MCL 169.205 and 169.211), section 5
as amended by 1999 PA 237 and section 11 as amended by 1996 PA 590,
and by adding section 48.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) "Domestic dependent sovereign" means an Indian
tribe that has been acknowledged, recognized, restored, or
reaffirmed as an Indian tribe by the secretary of the interior
pursuant
to chapter 576, 48 Stat. 984, 25 U.S.C. USC 461 to 463,
464 to 465, 466 to 470, 471 to 472, 473, 474 to 475, 476 to 478,
and 479, commonly referred to as the Indian reorganization act, or
has otherwise been acknowledged by the United States government as
an Indian tribe.
(2) "Do-not-call list" means a do-not-call list of individuals
designated by the secretary of state concerning political
telephonic communications.
(3) (2)
"Election" means a primary, general, special, or
millage election held in this state or a convention or caucus of a
political party held in this state to nominate a candidate.
Election includes a recall vote.
(4) (3)
"Election cycle" means 1 of the following:
(a) For a general election, the period beginning the day
following the last general election in which the office appeared on
the ballot and ending on the day of the general election in which
the office next appears on the ballot.
(b) For a special election, the period beginning the day a
special general election is called or the date the office becomes
vacant, whichever is earlier, and ending on the day of the special
general election.
(5) (4)
"Elective office" means a public office filled by an
election. A person who is appointed to fill a vacancy in a public
office that is ordinarily elective holds an elective office.
Elective office does not include the office of precinct delegate.
Except for the purposes of sections 47, 54, and 55, elective office
does not include a school board member in a school district that
has a pupil membership of 2,400 or less enrolled on the most recent
pupil membership count day. However, elective office includes a
school board member in a school district that has a pupil
membership of 2,400 or less, if a candidate committee of a
candidate for the office of school board member in that school
district receives an amount in excess of $1,000.00 or expends an
amount in excess of $1,000.00. Elective office does not include a
federal office except for the purposes of section 57.
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.
(4) "Political party" means a political party which 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 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) "Political solicitor" means a person who makes or causes
to be made a political telephonic communication.
(7) "Political telephonic communication" means any outbound
telephone call that promotes, advertises, or campaigns for or
against a political candidate or a political issue.
(8) (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 body exercises governmental or proprietary authority or
performs a governmental or proprietary function.
Sec. 48. (1) Within 90 days after the effective date of the
amendatory act that added this section, the secretary of state
shall establish a state do-not-call list concerning political
telephonic communications. The secretary of state shall publish
that list quarterly for use by political solicitors. The secretary
of state shall not collect any fees from individuals seeking
inclusion on the do-not-call list. The secretary of state shall
allow individuals to request that their name be placed on the do-
not-call list by mail or telephone, on the secretary of state's
website, or at a secretary of state branch office.
(2) Beginning 90 days after the secretary of state establishes
a do-not-call list under subsection (1), a political solicitor
shall not make or cause to be made a political telephonic
communication from within this state to an individual whose name is
on the then-current version of the do-not-call list.
(3) A political solicitor shall not use a do-not-call list for
any purpose other than meeting the requirements of subsection (2).
A political solicitor shall not sell or transfer a do-not-call list
to any person for any purpose unrelated to this section.
(4) The secretary of state shall not sell or transfer the do-
not-call list to any person for any purpose unrelated to this
section.
(5) A person who violates this section is subject to a civil
fine of not more than $1,000.00 for each violation.
(6) A person who suffers a loss as a result of a violation of
this section may bring an action to recover actual damages or
$1,000.00, whichever is greater, together with reasonable attorney
fees.