Bill Text: MI HB4305 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Campaign finance: campaign practices; requirement to report the number of people in attendance at a campaign fundraiser; eliminate. Amends sec. 26 of 1976 PA 388 (MCL 169.226).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Vetoed) 2021-12-01 - Re-referred To Committee On Elections And Ethics [HB4305 Detail]
Download: Michigan-2021-HB4305-Introduced.html
HOUSE BILL NO. 4305
February 23, 2021, Introduced by Reps. Steven
Johnson and Bellino and referred to the Committee on Elections and Ethics.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending section 26 (MCL 169.226), as amended by 2019 PA 93.
the people of the state of michigan enact:
Sec. 26. (1) A
campaign statement of a committee, other than a political party committee,
required by this act must contain all of the following information:
(a) The filing committee's name, address, and telephone
number, and the full name, residential and business addresses, electronic mail
address, and telephone numbers of the committee treasurer or other individual
designated as responsible for the committee's record keeping, report
preparation, or report filing.
(b) Under the heading "receipts", the total amount
of contributions received during the period covered by the campaign statement;
under the heading "expenditures", the total amount of expenditures
made during the period covered by the campaign statement; and the cumulative
amount of those totals. Forgiveness of a loan must not be included in the
totals. Payment of a loan by a third party must be recorded and reported as an
in-kind contribution by the third party. In-kind contributions or expenditures
must be listed at fair market value and reported as both contributions and
expenditures. A contribution or expenditure that is by other than completed and
accepted payment, gift, or other transfer, that is clearly not legally
enforceable, and that is expressly withdrawn or rejected and returned before a
campaign statement closing date need not be included in the campaign statement
and if included may, in a later or amended statement, be shown as a deduction,
but the committee shall keep adequate records of each instance.
(c) The balance of cash on hand at the beginning and the end
of the period covered by the campaign statement.
(d) The following information regarding each fund-raising
event must be included in the report:
(i) The type of event,
date held, and address and name, if any, of the
place where the activity was held. , and approximate number of individuals participating or in
attendance.
(ii) The total amount of all contributions.
(iii) The gross receipts of the fund-raising event.
(iv) The expenditures incident to the event.
(e) The full name of
each individual from whom contributions are received during the period covered
by the campaign statement, together with the individual's street address, the
amount contributed, the date on which each contribution was received, and the
cumulative amount contributed by that individual. The occupation, employer, and
principal place of business must be stated if the individual's cumulative
contributions are more than $100.00. For contributions of $5.00 or less by an
individual to a political committee or independent committee, the secretary of
state shall accept for filing any written communication from the political
committee or independent committee that contains the information otherwise
required under this subsection. Any written communication under this
subdivision does not need to contain an original signature.
(f) The cumulative
amount contributed and the name and address of each individual, except those
individuals reported under subdivision (e), who contributed to the committee.
The occupation, employer, and principal place of business must be stated for
each individual who contributed more than $100.00.
(g) The name and street
address of each person, other than an individual, from whom contributions are
received during the period covered by the campaign statement, together with an
itemization of the amounts contributed, the date on which each contribution was
received, and the cumulative amount contributed by that person.
(h) The name, address,
and amount given by an individual who contributed to the total amount
contributed by a person who is other than a committee or an individual. The
occupation, employer, and principal place of business must be stated if the
individual contributed more than $100.00 of the total amount contributed by a
person who is other than a committee or an individual.
(i) The cumulative total
of expenditures and other disbursements totaling $50.00 or less to any person
made during the period covered by the campaign statement except for
expenditures made to or on behalf of another committee, candidate, or ballot
question.
(j) The full name and
street address of each person to whom expenditures or other disbursements
totaling more than $50.00 were made, together with the amount of each separate
expenditure or disbursement to each person during the period covered by the
campaign statement; the purpose of the expenditure or disbursement; the full
name and street address of the person providing the consideration for which any
expenditure or disbursement was made if different from the payee; the
itemization regardless of amount of each expenditure made to or on behalf of
another committee, candidate, or ballot question; and the cumulative amount of
expenditures for or against that candidate or ballot question for an election
cycle. An expenditure made in support of more than 1 candidate or ballot
question, or both, must be apportioned reasonably among the candidates or
ballot questions, or both.
(2) A candidate
committee or ballot question committee shall report all cumulative amounts
required by this section on a per election cycle basis. Except as provided in
subsection (1)(j), an independent committee, independent expenditure committee,
or political committee shall report all cumulative amounts required by this
section on a calendar year basis.
(3) A campaign statement
of a committee, in addition to the other information required by this section,
must include an itemized list of all expenditures during the reporting period
for election day busing of electors to the polls, get-out-the-vote activities,
slate cards, challengers, poll watchers, and poll workers.
(4) For a reporting
period in which a contribution is received that is to be part of a bundled
contribution or a reporting period in which a bundled contribution is delivered
to the candidate committee of a candidate for statewide elective office, a
bundling committee shall report to the secretary of state, on a form provided
by the secretary of state, all of the following information, as applicable,
about each contribution received or delivered as part of a bundled
contribution, and about each bundled contribution delivered, in the reporting
period:
(a) The amount of each
contribution, the date it was received by the bundling committee, and the
candidate for statewide elective office whom the contributor designated as the
intended recipient.
(b) Each contributor's
name and address and, for each contribution exceeding $100.00, the contributor's
occupation, employer, and principal place of business.
(c) The date each
contribution is delivered to the candidate's statewide elective office
candidate committee.
(d) The total amount of
bundled contributions delivered to that candidate committee during the
reporting period and during the election cycle.
(5) With its delivery of
a bundled contribution to the candidate committee of a candidate for statewide
elective office, a bundling committee shall deliver a report to that candidate
committee, on a form provided by the secretary of state, that includes all of
the following information, as applicable, about each contribution delivered as
part of the bundled contribution, and about all bundled contributions delivered
to that candidate committee in the election cycle:
(a) The amount of each
contribution, the date it was received by the bundling committee, and the
statewide elective office candidate the contributor designated as the intended
recipient.
(b) Each contributor's
name and address and, for each contribution exceeding $100.00, the contributor's
occupation, employer, and principal place of business.
(c) The total amount of
bundled contributions delivered to that candidate committee during the
reporting period and during the election cycle.
(6) For a reporting
period in which a bundled contribution is received, a candidate committee of a
candidate for statewide elective office shall report to the secretary of state,
on a form provided by the secretary of state, all of the following information,
as applicable, about each contribution delivered as part of a bundled
contribution received in the reporting period and about all bundled
contributions received by that candidate committee:
(a) The amount of each
contribution, the date it was received by the candidate committee, and the name
of the bundling committee that delivered the contribution.
(b) Each contributor's
name and address and, for each contribution exceeding $100.00, the contributor's
occupation, employer, and principal place of business.
(c) The total amount of
bundled contributions received by that candidate committee during the reporting
period and during the election cycle.
(7) For a reporting
period in which a connected organization of a separate segregated fund makes a
payment for a prize or 1 or more items authorized under section 55(8), the separate
segregated fund shall report all of the following, as applicable:
(a) The amount of any
payment of costs for a prize, the value of the prize, the amount raised by the
prize, and the amount, if any, reimbursed to the connected organization by the
separate segregated fund for the prize.
(b) The amount per item
of any payment of costs for items to be sold or offered in return for a
contribution as part of fundraising activities for the separate segregated
fund, the amount per item that each item is offered at or offered for sale at,
the value of each item, the aggregate amount paid for those items, and the
amount, if any, reimbursed to the connected organization by the separate
segregated fund for any items. If 1 or more of the same items are sold or offered
in return for a contribution, a report by item type satisfies the reporting
requirement under this subdivision.
(8) As used in
subsection (7), "value" means the regular purchase price offered by
the vendor from whom an item is purchased, less any customary discount offered
based on the number of items purchased in the same transaction.