Bill Text: MI HB4163 | 2021-2022 | 101st Legislature | Engrossed
Bill Title: Campaign finance: advertising; address requirement on campaign material; remove. Amends sec. 47 of 1976 PA 388 (MCL 169.247).
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2022-04-12 - Referred To Committee On Elections [HB4163 Detail]
Download: Michigan-2021-HB4163-Engrossed.html
Substitute For
HOUSE BILL NO. 4163
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending section 47 (MCL 169.247), as amended by 2015 PA 269.
the people of the state of michigan enact:
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Sec. 47. (1) Except as otherwise provided in this subsection and subject to subsections (3) and (4), a billboard, placard, poster, pamphlet, or other printed matter having reference to an election, a candidate, or a ballot question, shall must bear upon it an identification that contains the name and address of the person paying for the matter. Except for matter sent through the United States mail, a person who is required to register with the secretary of state is not required to include on advertisements, materials, objects, artifacts, or other matter the address of the
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person paying for the matter. Except as otherwise provided in this subsection and subsection (5) and subject to subsections (3) and (4), if the printed matter relating to a candidate is an independent expenditure that is not authorized in writing by the candidate committee of that candidate, in addition to the identification required under this subsection, the printed matter shall must contain the following disclaimer: "Not authorized by any candidate committee". An individual other than a candidate is not subject to this subsection if the individual is acting independently and not acting as an agent for a candidate or any committee. This subsection does not apply to communications between a separate segregated fund established under section 55 and individuals who can be solicited for contributions to that separate segregated fund under section 55.
(2) A radio or television paid advertisement having reference to an election, a candidate, or a ballot question shall must identify the sponsoring person as required by the Federal Communications Commission, bear an identification that contains the name of the person paying for the advertisement, and be in compliance with subsection (3) and, except as otherwise provided by subsection (5), with the following:
(a) If the radio or television paid advertisement relates to a candidate and is an independent expenditure, the advertisement shall must contain the following disclaimer: "Not authorized by any candidate".
(b) If the radio or television paid advertisement relates to a candidate and is not an independent expenditure but is paid for by a person other than the candidate to which it is related, the advertisement shall must contain the following disclaimer:
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"Authorized by.............................................". |
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(name of candidate or name of candidate committee) |
(3) The secretary of state shall determine the size and placement of an identification or disclaimer required by this section shall be determined by in rules promulgated by the secretary of state. The rules may All of the following are exempt printed matter and certain other items such as campaign buttons or balloons, the size of which makes it unreasonable to add an identification or disclaimer, from the identification or disclaimer required by this section:
(a) Aerial banners.
(b) Ashtrays.
(c) Badges and badge holders.
(d) Balloons.
(e) Bingo chips.
(f) Brushes.
(g) Buttons.
(h) Bumper stickers no larger than 4 by 15 inches.
(i) Campaign stickers no larger than 3 by 1-1/2 inches.
(j) Cigarette lighters.
(k) Cloth pot holders.
(l) Clothes pins.
(m) Clothing.
(n) Coasters.
(o) Combs.
(p) Cups.
(q) Drinking glasses.
(r) Earrings.
(s) Emery boards.
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(t) Envelopes.
(u) Erasers.
(v) Fortune cookie messages no larger than 1/2 by 2 inches.
(w) Frisbees.
(x) Glasses.
(y) Golf tees.
(z) Golf balls.
(aa) Hats.
(bb) Horns.
(cc) Ice scrapers.
(dd) Jar lid grippers no larger than 5 inches.
(ee) Key rings.
(ff) Knives.
(gg) Labels.
(hh) Lapel pins or stickers.
(ii) Magnifying glasses.
(jj) Matchbooks.
(kk) Nail clippers.
(ll) Nail files.
(mm) Noisemakers.
(nn) Paper and plastic cups.
(oo) Paper and plastic plates.
(pp) Paper weights.
(qq) Pencils.
(rr) Pendants.
(ss) Pennants.
(tt) Pens.
(uu) Pinwheels.
(vv) Plastic tableware.
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(ww) Pocket protectors.
(xx) Pot holders.
(yy) Refrigerator magnets.
(zz) Rubber wrist bracelets no larger than 1 by 8-1/4 inches.
(aaa) Ribbons.
(bbb) Sunglasses.
(ccc) Shoe horns.
(ddd) Staple removers.
(eee) Yo-yos.
(4) Except for a communication described in subsection (5) and except for a candidate committee's printed matter or radio or television paid advertisements, each identification required by this section shall must also indicate that the printed matter or radio or television paid advertisement is paid for "with regulated funds". Printed matter or a radio or television paid advertisement that is not subject to this act shall not bear the statement required by this subsection.
(5) A communication otherwise entirely exempted from this act under section 6(2)(j) is subject to both of the following:
(a) Must contain the identification required by subsection (1), (2), or (7) if that communication references a clearly identified candidate or ballot question within 60 days before a general election or 30 days before a primary election in which the candidate or ballot question appears on a ballot and is targeted to the relevant electorate where the candidate or ballot question appears on the ballot by means of radio, television, mass mailing, or prerecorded telephone message.
(b) Is not required to contain the disclaimer required by subsection (1) or (2).
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(6) A person who knowingly violates this section is guilty of a misdemeanor punishable by a fine of not more than $1,000.00 , or imprisonment for not more than 93 days, or both.
(7) A prerecorded telephone message that in express terms advocates the election or defeat of a clearly identified candidate, or the qualification, passage, or defeat of a ballot question, shall must bear an identification that contains includes the name, and may include the telephone number, address, or other contact information, of the person paying for the prerecorded telephone message, and shall must be in compliance with subsection (4). A prerecorded telephone message subject to this subsection is not required to contain a disclaimer.
