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).