HOUSE BILL No. 5959

 

 

October 19, 2016, Introduced by Reps. Moss, Wittenberg and LaGrand and referred to the Committee on Elections.

 

     A bill to amend 1976 PA 388, entitled

 

"Michigan campaign finance act,"

 

by amending sections 8, 52, and 69 (MCL 169.208, 169.252, and

 

169.269), section 8 as amended by 1996 PA 590, section 52 as

 

amended by 2015 PA 269, and section 69 as amended by 2013 PA 252.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8. (1) "House political party caucus committee" means an

 

independent committee established by a political party caucus of

 

the state house of representatives under section 24a.

 

     (2) "Immediate family" means any child residing in a

 

candidate's household, the candidate's spouse, or any individual

 

claimed by that candidate or that candidate's spouse as a dependent

 

for federal income tax purposes.

 


     (3) "Independent committee" means a committee, other than a

 

political party committee, that before contributing to a candidate

 

committee of a candidate for elective office under section 52(2)

 

52(3) or 69(2) files a statement of organization as an independent

 

committee at least 6 months before an election for which it expects

 

to accept contributions or make expenditures in support of or in

 

opposition to a candidate for nomination to or election to an

 

elective office; and receives contributions from at least 25

 

persons and makes expenditures not to exceed the limitations of

 

section 52(1) 52(2) in support of or in opposition to 3 or more

 

candidates for nomination to or election to an elective office in

 

the same calendar year.

 

     Sec. 52. (1) A person shall only make a contribution to a

 

candidate committee of a candidate during the year in which a

 

primary, special, or general election for the office in which the

 

candidate seeks election is held.

 

     (2) (1) Except as provided in subsection (5) (6) or (11) (12)

 

and subject to section 46 and subsection (8), (9), a person other

 

than an independent committee or a political party committee shall

 

not make contributions to a candidate committee of a candidate for

 

elective office that, with respect to an election cycle, are more

 

than the following:

 

     (a) $6,800.00 for a candidate for state elective office other

 

than the office of state legislator, or for a candidate for local

 

elective office if the district from which he or she is seeking

 

office has a population of more than 250,000.

 

     (b) $2,000.00 for a candidate for state senator, or for a


candidate for local elective office if the district from which he

 

or she is seeking office has a population of more than 85,000 but

 

250,000 or less.

 

     (c) $1,000.00 for a candidate for state representative, or for

 

a candidate for local elective office if the district from which he

 

or she is seeking office has a population of 85,000 or less.

 

     (3) (2) Except as otherwise provided in this subsection and

 

subsection (12), (13), an independent committee shall not make

 

contributions to a candidate committee of a candidate for elective

 

office that, in the aggregate for that election cycle, are more

 

than 10 times the amount permitted a person other than an

 

independent committee or political party committee in subsection

 

(1). (2). A house political party caucus committee or a senate

 

political party caucus committee is not limited under this

 

subsection in the amount of contributions made to the candidate

 

committee of a candidate for the office of state legislator, except

 

as follows:

 

     (a) A house political party caucus committee or a senate

 

political party caucus committee shall not pay a debt incurred by a

 

candidate if that debt was incurred while the candidate was seeking

 

nomination at a primary election and the candidate was opposed at

 

that primary.

 

     (b) A house political party caucus committee or a senate

 

political party caucus committee shall not make a contribution to

 

or make an expenditure on behalf of a candidate if that candidate

 

is seeking nomination at a primary election and the candidate is

 

opposed at that primary.


     (4) (3) A political party committee other than a state central

 

committee shall not make contributions to the candidate committee

 

of a candidate for elective office that are more than 10 times the

 

amount permitted a person other than an independent committee or

 

political party committee in subsection (1).(2).

 

     (5) (4) A state central committee of a political party shall

 

not make contributions to the candidate committee of a candidate

 

for state elective office other than a candidate for the

 

legislature that are more than 20 times the amount permitted a

 

person other than an independent committee or political party

 

committee in subsection (1). (2). A state central committee of a

 

political party shall not make contributions to the candidate

 

committee of a candidate for state senator, state representative,

 

or local elective office that are more than 10 times the amount

 

permitted a person other than an independent committee or political

 

party committee in subsection (1).(2).

 

     (6) (5) A contribution from a member of a candidate's

 

immediate family to the candidate committee of that candidate is

 

exempt from the limitations of subsection (1).(2).

 

     (7) (6) Consistent with the provisions of this section, a

 

contribution designated in writing for a particular election cycle

 

is considered made for that election cycle. A contribution made

 

after the close of a particular election cycle and designated in

 

writing for that election cycle shall be made only to the extent

 

that the contribution does not exceed the candidate committee's net

 

outstanding debts and obligations from the election cycle so

 

designated. If a contribution is not designated in writing for a


particular election cycle, all of the following apply to that

 

contribution:

 

     (a) The contribution is considered made for the election cycle

 

that corresponds to the date of the written instrument.

 

     (b) The contribution limits for the current election cycle

 

apply to that contribution.

 

     (c) A candidate committee may use that contribution to pay

 

outstanding debts and obligations from a previous election cycle

 

regardless of whether the contribution, when aggregated with any

 

contributions made in that previous election cycle, would exceed

 

the contribution limits for that previous election cycle.

 

     (8) (7) A candidate committee, a candidate, or a treasurer or

 

agent of a candidate committee shall not accept a contribution with

 

respect to an election cycle that exceeds the limitations in

 

subsection (1), (2), (3), (4), (11), or (5), (12), or (13).

 

     (9) (8) The contribution limits in subsection (1) (2) for a

 

candidate for local elective office are effective on the effective

 

date of the amendatory act that provides for those contribution

 

limits, however, only contributions received by that candidate on

 

and after that date shall be used to determine if the contribution

 

limit has been reached.

 

     (10) (9) A person who knowingly violates this section is

 

guilty of a misdemeanor punishable, if the person is an individual,

 

by a fine of not more than $1,000.00 or imprisonment for not more

 

than 90 days, or both, or, if the person is not an individual, by a

 

fine of not more than $10,000.00.

 

     (11) (10) For purposes of the limitations provided in


subsections (1) and (2) and (3), all contributions made by

 

political committees or independent committees established by any

 

corporation, joint stock company, domestic dependent sovereign, or

 

labor organization, including any parent, subsidiary, branch,

 

division, department, or local unit thereof, shall be considered to

 

have been made by a single independent committee. By way of

 

illustration and not limitation, all of the following apply as a

 

result of the application of this requirement:

 

     (a) All of the political committees and independent committees

 

established by a for profit corporation or joint stock company, by

 

a subsidiary of the for profit corporation or joint stock company,

 

or by any combination thereof, are treated as a single independent

 

committee.

 

     (b) All of the political committees and independent committees

 

established by a single national or international labor

 

organization, by a labor organization of that national or

 

international labor organization, by a local labor organization of

 

that national or international labor organization, or by any other

 

subordinate organization of that national or international labor

 

organization, or by any combination thereof, are treated as a

 

single independent committee.

 

     (c) All of the political committees and independent committees

 

established by an organization of national or international unions,

 

by a state central body of that organization, by a local central

 

body of that organization, or by any combination thereof, are

 

treated as a single independent committee.

 

     (d) All of the political committees and independent committees


established by a nonprofit corporation, by a related state entity

 

of that nonprofit corporation, by a related local entity of that

 

nonprofit corporation, or by any combination thereof, are treated

 

as a single independent committee.

 

     (12) (11) The limitation on a political committee's

 

contributions under subsection (1) (2) does not apply to

 

contributions that are part of 1 or more bundled contributions

 

delivered to the candidate committee of a candidate for statewide

 

elective office and that are attributed to the political committee

 

as prescribed in section 31. A political committee shall not make

 

contributions to a candidate committee of a candidate for statewide

 

elective office that are part of 1 or more bundled contributions

 

delivered to that candidate committee, that are attributed to the

 

political committee as prescribed in section 31, and that, in the

 

aggregate for that election cycle, are more than the amount

 

permitted a person other than an independent committee or political

 

party committee in subsection (1).(2).

 

     (13) (12) The limitation on an independent committee's

 

contributions under subsection (2) (3) does not apply to

 

contributions that are part of 1 or more bundled contributions

 

delivered to the candidate committee of a candidate for statewide

 

elective office and that are attributed to the independent

 

committee as prescribed in section 31. An independent committee

 

shall not make contributions to a candidate committee of a

 

candidate for statewide elective office that are part of 1 or more

 

bundled contributions delivered to that candidate committee, that

 

are attributed to the independent committee as prescribed in


section 31, and that, in the aggregate for that election cycle, are

 

more than 10 times the amount permitted a person other than an

 

independent committee or political party committee in subsection

 

(1).(2).

 

     Sec. 69. (1) Except as provided in subsection (6) or (10) and

 

subject to section 46, a person other than an independent committee

 

or a political party committee shall not make contributions to a

 

candidate committee of a candidate that are more than $6,800.00 in

 

value for an election cycle.

 

     (2) Except as provided in subsection (11), an independent

 

committee shall not make contributions to a candidate committee

 

that for an election cycle are more than 10 times the amount

 

permitted a person other than an independent committee or political

 

party committee in subsection (1).

 

     (3) A political party committee that is a state central

 

committee shall not make contributions to a candidate committee

 

that for an election cycle are more than $750,000.00.

 

     (4) A political party committee that is a congressional

 

district or county committee shall not make contributions to a

 

candidate committee that for an election cycle are more than

 

$30,000.00.

 

     (5) A candidate committee, a candidate, or a treasurer or

 

agent shall not accept a contribution with respect to an election

 

cycle that exceeds a limitation in subsections (1) to (4), or (10).

 

     (6) As used in this subsection, "immediate family" means a

 

spouse, parent, brother, sister, son, or daughter. A candidate and

 

members of that candidate's immediate family may not contribute in


total to that person's candidate committee an amount that is more

 

than $50,000.00 in value for an election cycle.

 

     (7) Sections 5(3) and 52(6) 52(7) apply to determining when an

 

election cycle begins and ends and to which election cycle a

 

particular contribution is attributed.

 

     (8) The candidate committee of a candidate for governor that

 

does not apply for funds from the state campaign fund and that

 

accepts from the candidate and the candidate's immediate family

 

contributions that total for an election cycle more than

 

$340,000.00 shall notify the secretary of state in writing within

 

48 hours after receipt of this amount. Within 2 business days after

 

receipt of this notice, the secretary of state shall send notice to

 

all candidates who are either seeking the same nomination, in the

 

case of a primary election, or election to that same office, in the

 

case of a general election, informing those candidate committees of

 

all of the following:

 

     (a) That the expenditure limits provided in section 67 are

 

waived for the remainder of that election for those notified

 

candidate committees that receive funds from the state campaign

 

fund under this act.

 

     (b) That the expenditure limits of section 67 are not waived

 

for the purpose of determining the amount of public funds available

 

to a candidate under section 64 or 65.

 

     (9) A person who knowingly violates this section is guilty of

 

a misdemeanor punishable, if the person is an individual, by a fine

 

of not more than $1,000.00 or imprisonment for not more than 90

 

days, or both, or, if the person is not an individual, by a fine of


not more than $10,000.00.

 

     (10) The limitation on a political committee's contributions

 

under subsection (1) does not apply to contributions that are part

 

of 1 or more bundled contributions delivered to the candidate

 

committee of a candidate for statewide elective office and that are

 

attributed to the political committee as prescribed in section 31.

 

A political committee shall not make contributions to a candidate

 

committee of a candidate for statewide elective office that are

 

part of 1 or more bundled contributions delivered to that candidate

 

committee, that are attributed to the political committee as

 

prescribed in section 31, and that, in the aggregate for that

 

election cycle, are more than the amount permitted a person other

 

than an independent committee or political party committee in

 

subsection (1).

 

     (11) The limitation on an independent committee's

 

contributions under subsection (2) does not apply to contributions

 

that are part of 1 or more bundled contributions delivered to the

 

candidate committee of a candidate for statewide elective office

 

and that are attributed to the independent committee as prescribed

 

in section 31. An independent committee shall not make

 

contributions to a candidate committee of a candidate for statewide

 

elective office that are part of 1 or more bundled contributions

 

delivered to that candidate committee, that are attributed to the

 

independent committee as prescribed in section 31, and that, in the

 

aggregate for that election cycle, are more than 10 times the

 

amount permitted a person other than an independent committee or

 

political party committee in subsection (1).