Bill Text: MI HB4507 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Campaign finance; contributions and expenditures; general amendments; provide for. Amends secs. 15, 16, 22, 26, 28, 29, 33, 35, 41, 42, 52, 55 & 57 of 1976 PA 388 (MCL 169.215 et seq.) & adds secs. 43a & 48.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-10 - Printed Bill Filed 04/10/2013 [HB4507 Detail]
Download: Michigan-2013-HB4507-Introduced.html
HOUSE BILL No. 4507
April 9, 2013, Introduced by Rep. Geiss and referred to the Committee on Elections and Ethics.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending sections 15, 16, 22, 26, 28, 29, 33, 35, 41, 42, 52,
55, and 57 (MCL 169.215, 169.216, 169.222, 169.226, 169.228,
169.229, 169.233, 169.235, 169.241, 169.242, 169.252, 169.255,
and 169.257), sections 15 and 55 as amended by 2012 PA 277,
section 16 as amended by 2000 PA 50, sections 22, 28, and 41 as
amended by 1999 PA 237, sections 26, 29, 42, and 52 as amended by
2001 PA 250, sections 33 and 35 as amended by 2012 PA 273, and
section 57 as amended by 2012 PA 31, and by adding sections 43a
and 48.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 15. (1) The secretary of state shall do all of the
1 following:
2 (a) Make available through his or her offices, and furnish
3 to county clerks, appropriate forms, instructions, and manuals
4 required by this act.
5 (b) Develop a filing, coding, and cross-indexing system for
6 the filing of required reports and statements consistent with
7 this act, and supervise the implementation of the filing systems
8 by the clerks of the counties.
9 (c) Receive all statements and reports required by this act
10 to be filed with the secretary of state.
11 (d) Prepare forms, instructions, and manuals required under
12 this act.
13 (e) Promulgate rules and issue declaratory rulings to
14 implement this act in accordance with the administrative
15 procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
16 (f) Upon receipt of a written request and the required
17 filing, waive payment of a late filing fee if the request for the
18 waiver is based on good cause and accompanied by adequate
19 documentation. One or more of the following reasons constitute
20 good cause for a late filing fee waiver:
21 (i) The incapacitating physical illness, hospitalization,
22 accident involvement, death, or incapacitation for medical
23 reasons of a person required to file, a person whose
24 participation is essential to the preparation of the statement or
25 report, or a member of the immediate family of these persons.
26 (ii) Other unique, unintentional factors beyond the filer's
27 control not stemming from a negligent act or nonaction so that a
1 reasonably prudent person would excuse the filing on a temporary
2 basis. These factors include the loss or unavailability of
3 records due to a fire, flood, theft, or similar reason and
4 difficulties related to the transmission of the filing to the
5 filing official, such as exceptionally bad weather or strikes
6 involving transportation systems.
7 (2) A declaratory ruling shall be issued under this section
8 only if the person requesting the ruling has provided a
9 reasonably complete statement of facts necessary for the ruling
10 or if the person requesting the ruling has, with the permission
11 of the secretary of state, supplied supplemental facts necessary
12 for the ruling. A request for a declaratory ruling that is
13 submitted to the secretary of state shall be made available for
14 public inspection within 48 hours after its receipt. An
15 interested person may submit written comments regarding the
16 request to the secretary of state within 10 business days after
17 the date the request is made available to the public. Within 45
18 business days after receiving a declaratory ruling request, the
19 secretary of state shall make a proposed response available to
20 the public. An interested person may submit written comments
21 regarding the proposed response to the secretary of state within
22 5 business days after the date the proposal is made available to
23 the public. Except as otherwise provided in this section, the
24 secretary of state shall issue a declaratory ruling within 60
25 business days after a request for a declaratory ruling is
26 received. If the secretary of state refuses to issue a
27 declaratory ruling, the secretary of state shall notify the
1 person making the request of the reasons for the refusal and
2 shall issue an interpretative statement providing an
3 informational response to the question presented within the same
4 time limitation applicable to a declaratory ruling. A declaratory
5 ruling or interpretative statement issued under this section
6 shall not state a general rule of law, other than that which is
7 stated in this act, until the general rule of law is promulgated
8 by the secretary of state as a rule under the administrative
9 procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, or
10 under judicial order.
11 (3) Under extenuating circumstances, the secretary of state
12 may issue a notice extending for not more than 30 business days
13 the period during which the secretary of state shall respond to a
14 request for a declaratory ruling. The secretary of state shall
15 not issue more than 1 notice of extension for a particular
16 request. A person requesting a declaratory ruling may waive, in
17 writing, the time limitations provided by this section.
18 (4) The secretary of state shall make available to the
19 public an annual summary of the declaratory rulings and
20 interpretative statements issued by the secretary of state.
21 (5) A person may file with the secretary of state a
22 complaint that alleges a violation of this act. Within 5 business
23 days after a complaint that meets the requirements of subsection
24 (6) is filed, the secretary of state shall give notice to the
25 person against whom the complaint is filed. The notice shall
26 include a copy of the complaint. Within 15 business days after
27 this notice is mailed, the person against whom the complaint was
1 filed may submit to the secretary of state a response. The
2 secretary of state may extend the period for submitting a
3 response an additional 15 business days for good cause. The
4 secretary of state shall provide a copy of a response received to
5 the complainant. Within 10 business days after the response is
6 mailed, the complainant may submit to the secretary of state a
7 rebuttal statement. The secretary of state may extend the period
8 for submitting a rebuttal statement an additional 10 business
9 days for good cause. The secretary of state shall provide a copy
10 of the rebuttal statement to the person against whom the
11 complaint was filed.
12 (6) A complaint under subsection (5) shall satisfy all of
13 the following requirements:
14 (a) Be signed by the complainant.
15 (b) State the name, address, and telephone number of the
16 complainant.
17 (c) Include the complainant's certification that, to the
18 best of the complainant's knowledge, information, and belief,
19 formed after a reasonable inquiry under the circumstances, each
20 factual contention of the complaint is supported by evidence.
21 However, if, after a reasonable inquiry under the circumstances,
22 the complainant is unable to certify that certain factual
23 contentions are supported by evidence, the complainant may
24 certify that, to the best of his or her knowledge, information,
25 or belief, there are grounds to conclude that those specifically
26 identified factual contentions are likely to be supported by
27 evidence after a reasonable opportunity for further inquiry.
1 (7) The secretary of state shall develop a form that
2 satisfies the requirements of subsection (6) and may be used for
3 the filing of complaints.
4 (8) A person who files a complaint with a false certificate
5 under subsection (6)(c) is responsible for a civil violation of
6 this act. A person may file a complaint under subsection (5)
7 alleging that another person has filed a complaint with a false
8 certificate under subsection (6)(c).
9 (9) The secretary of state shall investigate the allegations
10 under the rules promulgated under this act. If the violation
11 involves the secretary of state, the immediate family of the
12 secretary of state, or a campaign or committee with which the
13 secretary of state is connected, directly or indirectly, the
14 secretary of state shall refer the matter to the attorney general
15 to determine whether a violation of this act has occurred.
16 (10) No later than 60 business days after receipt of a
17 rebuttal statement submitted under subsection (5), or if no
18 response or rebuttal is received under subsection (5), the
19 secretary of state shall post on the secretary of state's
20 internet website whether or not there may be reason to believe
21 that a violation of this act has occurred. If the secretary of
22 state determines that there may be reason to believe that a
23 violation of this act occurred, the secretary of state shall,
24 within 30 days of that determination, post on the secretary of
25 state's internet website any complaint, response, or rebuttal
26 statement received under subsection (5) regarding that violation
27 and any correspondence regarding that violation between the
1 secretary of state and the complainant or the person against whom
2 the complaint was filed. If the secretary of state determines
3 that there may be reason to believe that a violation of this act
4 occurred, the secretary of state shall endeavor to correct the
5 violation or prevent a further violation by using informal
6 methods such as a conference, conciliation, or persuasion, and
7 may enter into a conciliation agreement with the person involved.
8 Unless violated, a conciliation agreement is a complete bar to
9 any further civil or criminal action with respect to matters
10 covered in the conciliation agreement. The secretary of state
11 shall, within 30 days after a conciliation agreement is signed,
12 post that agreement on the secretary of state's internet website.
13 If, after 90 business days, the secretary of state is unable to
14 correct or prevent further violation by these informal methods,
15 the secretary of state shall do either of the following:
16 (a) Refer the matter to the attorney general for the
17 enforcement of any criminal penalty provided by this act. If the
18 violation involves the attorney general or a campaign or
19 committee with which the attorney general is connected, directly
20 or indirectly, the director of elections shall refer the matter
21 to the prosecuting attorney for the county of Ingham for the
22 enforcement of a criminal penalty provided by this act.
23 (b) Commence a hearing as provided in subsection (11) for
24 enforcement of any civil violation.
25 (11) The secretary of state may commence a hearing to
26 determine whether a civil violation of this act has occurred. The
27 hearing shall be conducted in accordance with the procedures set
1 forth in chapter 4 of the administrative procedures act of 1969,
2 1969 PA 306, MCL 24.271 to 24.287. If after a hearing the
3 secretary of state determines that a violation of this act has
4 occurred, the secretary of state may issue an order requiring the
5 person to pay a civil fine equal to triple the amount of the
6 improper contribution or expenditure plus not more than $1,000.00
7 for each violation.
8 (12) A final decision and order issued by the secretary of
9 state is subject to judicial review as provided by chapter 6 of
10 the administrative procedures act of 1969, 1969 PA 306, MCL
11 24.301 to 24.306. The secretary of state shall deposit a civil
12 fine imposed under this section in the general fund. The
13 secretary of state may bring an action in circuit court to
14 recover the amount of a civil fine.
15 (13) When a report or statement is filed under this act, the
16 secretary of state shall review the report or statement and may
17 investigate an apparent violation of this act under the rules
18 promulgated under this act. If the secretary of state determines
19 that there may be reason to believe a violation of this act has
20 occurred and the procedures prescribed in subsection (10) have
21 been complied with, the secretary of state may refer the matter
22 to the attorney general for the enforcement of a criminal penalty
23 provided by this act, or commence a hearing under subsection (11)
24 to determine whether a civil violation of this act has occurred.
25 If the violation involves the attorney general or a campaign or
26 committee with which the attorney general is connected, directly
27 or indirectly, the director of elections shall refer the matter
1 to the prosecuting attorney for the county of Ingham for the
2 enforcement of a criminal penalty provided by this act.
3 (14) No later than 60 business days after a matter is
4 referred to the attorney general for enforcement of a criminal
5 penalty, the attorney general shall determine whether to proceed
6 with enforcement of that penalty.
7 (15) Unless otherwise specified in this act, a person who
8 violates a provision of this act is subject to a civil fine of
9 not more than $1,000.00 for each violation. A civil fine is in
10 addition to, but not limited by, a criminal penalty prescribed by
11 this act.
12 (16) In addition to any other sanction provided for by this
13 act, the secretary of state may require a person who files a
14 complaint with a false certificate under subsection (6)(c) to do
15 either or both of the following:
16 (a) Pay to the secretary of state some or all of the
17 expenses incurred by the secretary of state as a direct result of
18 the filing of the complaint.
19 (b) Pay to the person against whom the complaint was filed
20 some or all of the expenses, including, but not limited to,
21 reasonable attorney fees incurred by that person in proceedings
22 under this act as a direct result of the filing of the complaint.
23 (17) Except as otherwise provided in section 57, there There
24 is no private right of action, either in law or in equity, under
25 this act. Except as otherwise provided in section 57, the The
26 remedies provided in this act are the exclusive means by which
27 this act may be enforced and by which any harm resulting from a
1 violation of this act may be redressed. The criminal penalties
2 provided by this act may only be enforced by the attorney general
3 and only upon referral by the secretary of state as provided
4 under subsection (10) or (13).
5 (18) The secretary of state may waive the filing of a
6 campaign statement required under section 33, 34, or 35 if the
7 closing date of the particular campaign statement falls on the
8 same or a later date as the closing date of the next campaign
9 statement filed by the same person, or if the period that would
10 be otherwise covered by the next campaign statement filed by the
11 same person is 10 days or less.
12 (19) The clerk of each county shall do all of the following:
13 (a) Make available through the county clerk's office the
14 appropriate forms, instructions, and manuals required by this
15 act.
16 (b) Under the supervision of the secretary of state,
17 implement the filing, coding, and cross-indexing system
18 prescribed for the filing of reports and statements required to
19 be filed with the county clerk's office.
20 (c) Receive all statements and reports required by this act
21 to be filed with the county clerk's office.
22 (d) Upon written request, waive the payment of a late filing
23 fee if the request for a waiver is based on good cause as
24 prescribed in subsection (1)(f).
25 Sec. 16. (1) A filing official shall make a statement or
26 report required to be filed under this act available for public
27 inspection and reproduction, commencing as soon as practicable,
1 but not later than the third business day following the day on
2 which it is received, during regular business hours of the filing
3 official. If the report is a report of a late contribution under
4 section 32(1) made to the secretary of state, the secretary of
5 state shall also make the report or all of the contents of the
6 report available to the public on the internet, without charge,
7 as soon as practicable but not later than the end of the business
8 day on which it is received, at a single website established and
9 maintained by the secretary of state.
10 (2) A copy of a statement or part of a statement shall be
11 provided by a filing official at a reasonable charge.
12 (3) A statement open to the public under this act shall not
13 be used for any commercial purpose.
14 (4) Except as otherwise provided in this subsection, a
15 statement of organization filed under this act with a filing
16 official who is not the secretary of state shall be preserved by
17 that filing official for 5 years from the official date of the
18 committee's dissolution. A statement of organization filed under
19 this act with a filing official who is not the secretary of state
20 that is filed by a committee that received more than $50,000.00
21 in an election cycle shall be preserved by that filing official
22 for 15 years from the official date of the committee's
23 dissolution. A statement of organization filed under this act
24 with the secretary of state shall be preserved by the secretary
25 of state for 15 years from the official date of the committee's
26 dissolution. Except as otherwise provided in this subsection, any
27 other statement or report filed under this act with a filing
1 official who is not the secretary of state shall be preserved by
2 that filing official for 5 years from the date the filing
3 occurred. Any other statement or report filed under this act with
4 a filing official who is not the secretary of state that is filed
5 by a committee that received more than $50,000.00 in an election
6 cycle shall be preserved by that filing official for 15 years
7 from the date the filing occurred. Any other statement or report
8 filed under this act with the secretary of state shall be
9 preserved by the secretary of state for 15 years from the date
10 the filing occurred. Upon a determination under section 15 that a
11 violation of this act has occurred, all complaints, orders,
12 decisions, or other documents related to that violation shall be
13 preserved by the filing official who is not the secretary of
14 state or the secretary of state for 15 years from the date of the
15 court determination or the date the violations are corrected,
16 whichever is later. Statements and reports filed under this act
17 may be reproduced pursuant to the records media reproduction act,
18 1992 PA 116, MCL 24.401 to 24.403 24.406. After the required
19 preservation period, the statements and reports, or the
20 reproductions of the statements and reports, may be disposed of
21 in the manner prescribed in the management and budget act, 1984
22 PA 431, MCL 18.1101 to 18.1594, and 1913 PA 271, MCL 399.1 to
23 399.10.
24 (5) A charge shall not be collected by a filing official for
25 the filing of a required statement or report or for a form upon
26 which the statement or report is to be prepared, except a late
27 filing fee required by this act.
1 (6) A filing official shall determine whether a statement or
2 report filed under this act complies, on its face, with the
3 requirements of this act and the rules promulgated under this
4 act. The filing official shall determine whether a statement or
5 report that is required to be filed under this act is in fact
6 filed. Within 4 business days after the deadline for filing a
7 statement or report under this act, the filing official shall
8 give notice to the filer by registered mail of an error or
9 omission in the statement or report and give notice to a person
10 the filing official has reason to believe is a person required to
11 and who failed to file a statement or report. A failure to give
12 notice by the filing official under this subsection is not a
13 defense to a criminal action against the person required to file.
14 (7) Within 9 business days after the report or statement is
15 required to be filed, the filer shall make any corrections in the
16 statement or report filed with the appropriate filing official.
17 If the report or statement was not filed, then the report or
18 statement shall be late filed within 9 business days after the
19 time it was required to be filed and shall be is subject
to late
20 filing fees.
21 (8) After 9 business days and before 12 business days have
22 expired after the deadline for filing the statement or report,
23 the filing official shall report errors or omissions that were
24 not corrected and failures to file to the attorney general or, if
25 the errors or omissions or failure to file involves the attorney
26 general or a campaign or committee with which the attorney
27 general is connected, directly or indirectly, the director of
1 elections shall refer the matter to the prosecuting attorney for
2 the county of Ingham for the enforcement of a criminal penalty
3 provided by this act.
4 (9) A statement or report required to be filed under this
5 act shall be filed not later than 5 p.m. of the day in which it
6 is required to be filed. A preelection statement or report due on
7 July 25 or October 25 under section 33 that is postmarked by
8 registered or certified mail, or sent by express mail or other
9 overnight delivery service, at least 2 days before the deadline
10 for filing is filed within the prescribed time regardless of when
11 it is actually delivered. Any other statement or report required
12 to be filed under this act that is postmarked by registered or
13 certified mail or sent by express mail or other overnight
14 delivery service on or before the deadline for filing is filed
15 within the prescribed time regardless of when it is actually
16 delivered.
17 Sec. 22. A committee treasurer or other individual
18 designated on the statement of organization as responsible for
19 the committee's record keeping, report preparation, or report
20 filing shall keep detailed accounts, records, bills, and receipts
21 as required to substantiate the information contained in a
22 statement or report filed pursuant to under this
act or rules
23 promulgated under this act. The treasurer shall record the name
24 and address of a person from whom a contribution is received
25 except for contributions of $20.00 or less received pursuant to
26 section 41(3). The records of a committee shall be preserved for
27 5 years and shall be made available for inspection as authorized
1 by the secretary of state. A treasurer or other individual
2 designated as responsible for the committee's record keeping,
3 report preparation, or report filing who knowingly violates this
4 section is subject to a civil fine of not more than $1,000.00.
5 Sec. 26. (1) A campaign statement of a committee, other than
6 a political party committee, required by this act shall contain
7 all of the following information:
8 (a) The filing committee's name, address, and telephone
9 number, and the full name, residential and business addresses,
10 and telephone numbers of the committee treasurer or other
11 individual designated as responsible for the committee's record
12 keeping, report preparation, or report filing.
13 (b) Under the heading "receipts", the total amount of
14 contributions received during the period covered by the campaign
15 statement; under the heading "expenditures", the total amount of
16 expenditures made during the period covered by the campaign
17 statement; and the cumulative amount of those totals. Forgiveness
18 of a loan shall not be included in the totals. Payment of a loan
19 by a third party shall be recorded and reported as an in-kind
20 contribution by the third party. In-kind contributions or
21 expenditures shall be listed at fair market value and shall be
22 reported as both contributions and expenditures. A contribution
23 or expenditure that is by other than completed and accepted
24 payment, gift, or other transfer, that is clearly not legally
25 enforceable, and that is expressly withdrawn or rejected and
26 returned before a campaign statement closing date need not be
27 included in the campaign statement and if included may, in a
1 later or amended statement, be shown as a deduction, but the
2 committee shall keep adequate records of each instance.
3 (c) The balance of cash on hand at the beginning and the end
4 of the period covered by the campaign statement.
5 (d) The total amount of contributions received during the
6 period covered by the campaign statement from persons who
7 contributed more than $20.00.
8 (e) The total amount of contributions received during the
9 period covered by the campaign statement from persons who
10 contributed $20.00 or less.
11 (f) The total amount of contributions of $20.00 or less
12 received during the period covered by the campaign statement and
13 the cumulative amount of the contributions received by the filer
14 pursuant to section 41(3).
15 (g) (d) The
following information regarding each fund-
16 raising event shall be included in the report:
17 (i) The type of event, date held, address and name, if any,
18 of the place where the activity was held, and approximate number
19 of individuals participating or in attendance.
20 (ii) The total amount of all contributions of more than
21 $20.00.
22 (iii) The total amount of contributions of $20.00 or less.
23 (iv) (iii) The
gross receipts of the fund-raising event.
24 (v) (iv) The
expenditures incident to the event.
25 (h) (e) The
full name of each individual from whom
26 contributions totaling more than $20.00 are received during the
27 period covered by the campaign statement, together with the
1 individual's street address, the amount contributed, the date on
2 which each contribution was received, and the cumulative amount
3 contributed by that individual. The occupation, employer, and
4 principal place of business shall be stated if the individual's
5 cumulative contributions are more than $100.00.
6 (i) (f) The
cumulative amount contributed and the name and
7 address of each individual, except those individuals reported
8 under subdivision (e) (h), who contributed a total of more than
9 $20.00 to the committee. The occupation, employer, and principal
10 place of business shall be stated for each individual who
11 contributed more than $100.00.
12 (j) (g) The
name and street address of each person, other
13 than an individual, from whom contributions are received during
14 the period covered by the campaign statement, together with an
15 itemization of the amounts contributed, the date on which each
16 contribution was received, and the cumulative amount contributed
17 by that person.
18 (k) (h) The
name, address, and amount given by an individual
19 who contributed more than $20.00 to the total amount contributed
20 by a person who is other than a committee or an individual. The
21 occupation, employer, and principal place of business shall be
22 stated if the individual contributed more than $100.00 of the
23 total amount contributed by a person who is other than a
24 committee or an individual.
25 (l) (i) The cumulative total of expenditures of $50.00 or
26 less made during the period covered by the campaign statement
27 except for expenditures made to or on behalf of another
1 committee, candidate, or ballot question.
2 (m) (j) The
full name and street address of each person to
3 whom expenditures totaling more than $50.00 were made, together
4 with the amount of each separate expenditure to each person
5 during the period covered by the campaign statement; the purpose
6 of the expenditure; the full name and street address of the
7 person providing the consideration for which any expenditure was
8 made if different from the payee; the itemization regardless of
9 amount of each expenditure made to or on behalf of another
10 committee, candidate, or ballot question; and the cumulative
11 amount of expenditures for or against that candidate or ballot
12 question for an election cycle. An expenditure made in support of
13 more than 1 candidate or ballot question, or both, shall be
14 apportioned reasonably among the candidates or ballot questions,
15 or both.
16 (2) A candidate committee or ballot question committee shall
17 report all cumulative amounts required by this section on a per
18 election cycle basis. Except for subsection (1)(j) (1)(m),
an
19 independent committee or political committee shall report all
20 cumulative amounts required by this section on a calendar year
21 basis.
22 (3) A campaign statement of a committee, in addition to the
23 other information required by this section, shall include an
24 itemized list of all expenditures during the reporting period for
25 election day busing of electors to the polls, get-out-the-vote
26 activities, slate cards, challengers, poll watchers, and poll
27 workers.
1 (4) For a reporting period in which a contribution is
2 received that is to be part of a bundled contribution or a
3 reporting period in which a bundled contribution is delivered to
4 the candidate committee of a candidate for statewide elective
5 office, a bundling committee shall report to the secretary of
6 state, on a form provided by the secretary of state, all of the
7 following information, as applicable, about each contribution
8 received or delivered as part of a bundled contribution, and
9 about each bundled contribution delivered, in the reporting
10 period:
11 (a) The amount of each contribution of more than $20.00, the
12 date it was received by the bundling committee, and the candidate
13 for statewide elective office whom the contributor designated as
14 the intended recipient.
15 (b) Each contributor's The name and address of each person
16 that contributes more than $20.00 during the period covered by
17 the statement and, for each contribution exceeding $100.00, the
18 contributor's occupation, employer, and principal place of
19 business.
20 (c) The date each contribution is delivered to the
21 candidate's statewide elective office candidate committee.
22 (d) The total amount of bundled contributions delivered to
23 that candidate committee during the reporting period and during
24 the election cycle.
25 (5) With its delivery of a bundled contribution to the
26 candidate committee of a candidate for statewide elective office,
27 a bundling committee shall deliver a report to that candidate
1 committee, on a form provided by the secretary of state, that
2 includes all of the following information, as applicable, about
3 each contribution delivered as part of the bundled contribution,
4 and about all bundled contributions delivered to that candidate
5 committee in the election cycle:
6 (a) The amount of each contribution of more than $20.00, the
7 date it was received by the bundling committee, and the statewide
8 elective office candidate the contributor designated as the
9 intended recipient.
10 (b) Each contributor's The name and address of each person
11 that contributes more than $20.00 during the period covered by
12 the statement and, for each contribution exceeding $100.00, the
13 contributor's occupation, employer, and principal place of
14 business.
15 (c) The total amount of bundled contributions delivered to
16 that candidate committee during the reporting period and during
17 the election cycle.
18 (6) For a reporting period in which a bundled contribution
19 is received, a candidate committee of a candidate for statewide
20 elective office shall report to the secretary of state, on a form
21 provided by the secretary of state, all of the following
22 information, as applicable, about each contribution delivered as
23 part of a bundled contribution received in the reporting period
24 and about all bundled contributions received by that candidate
25 committee:
26 (a) The amount of each contribution of more than $20.00, the
27 date it was received by the candidate committee, and the name of
1 the bundling committee that delivered the contribution.
2 (b) Each contributor's The name and address of each person
3 that contributes more than $20.00 during the period covered by
4 the statement and, for each contribution exceeding $100.00, the
5 contributor's occupation, employer, and principal place of
6 business.
7 (c) The total amount of bundled contributions received by
8 that candidate committee during the reporting period and during
9 the election cycle.
10 Sec. 28. (1) Interest received by a committee on an account
11 consisting of funds money
belonging to the committee shall not be
12 considered a contribution to the committee but the committee
13 shall report its receipt on a campaign statement as interest. A
14 committee shall report interest paid by the committee on a
15 campaign statement as an expenditure.
16 (2) A committee shall report a loan with an outstanding
17 balance made or received in a separate schedule attached to the
18 campaign statement providing the date and amount of the loan, the
19 date and amount of each payment, the amount of cumulative
20 payments, the amount of the outstanding balance, and whether the
21 loan payments were made by money, services, property, or other
22 means. The committee shall provide the name and address of the
23 lender and each person who is liable directly, indirectly, or
24 contingently on each loan of more than $20.00. The committee
25 shall provide the occupation and employer, if any, of the lender
26 and each person if the loan is for more than $100.00. If a loan
27 is paid off within a reporting period, this activity need not be
1 reported on a separate schedule to the campaign statement.
2 However, if a loan is forgiven, the committee shall detail that
3 fact on a separate schedule to the campaign statement.
4 (3) Accompanying a campaign statement reporting the receipt
5 of a contribution of more than $20.00 from a person whose
6 treasurer does not reside in, whose principal office is not
7 located in, or whose funds are money is not kept in this
state ,
8 shall be a statement certified as true and correct by an officer
9 of the contributing person setting forth the full name, address,
10 along with the amount contributed, of each person who contributed
11 more than $20.00 to the total amount of the contribution. The
12 occupation, employer, and principal place of business shall be
13 stated for each person who contributed more than $100.00. This
14 subsection does not apply if the contributing person is
15 registered as a committee under section 24.
16 Sec. 29. (1) A campaign statement filed by a political party
17 committee shall contain all of the following information:
18 (a) The full name and street address of each person from
19 whom contributions totaling more than $20.00 are received in a
20 calendar year, the amount, and the date or dates contributed;
21 and, if the person is a committee, the name and address of the
22 committee and the full name of the committee treasurer, together
23 with the amount of the contribution and the date received. The
24 occupation, employer, and principal place of business, if any,
25 shall be listed for each person from whom contributions totaling
26 more than $100.00 are received in a calendar year.
27 (b) Accompanying a campaign statement reporting the receipt
1 of a contribution of more than $20.00 from a committee or person
2 whose treasurer does not reside in, whose principal office is not
3 located in, or whose funds are money is not kept in this
state,
4 and whose committee has not filed a statement of organization as
5 required in section 24, shall be a statement setting forth the
6 full name and address of the treasurer of the committee.
7 (c) An itemized list of all expenditures, including in-kind
8 contributions and expenditures and loans, made during the period
9 covered by the campaign statement that were contributions to a
10 candidate committee of a candidate for elective office or a
11 ballot question committee; or independent expenditures in support
12 of the qualification, passage, or defeat of a ballot question or
13 in support of the nomination or election of a candidate for
14 elective office or the defeat of any of the candidate's
15 opponents.
16 (d) The total expenditure by the committee for each
17 candidate for elective office or ballot question in whose behalf
18 an independent expenditure was made or a contribution was given
19 for the election cycle.
20 (e) The filer's name, address, and telephone number, if
21 available, if any, and the full name, address, and telephone
22 number, if available, of the committee treasurer.
23 (2) The committee shall identify an expenditure listed under
24 subsection (1)(c) as an independent expenditure or as a
25 contribution to a candidate committee or a ballot question
26 committee.
27 (3) The committee shall designate for a contribution to or
1 on behalf of a candidate committee or ballot question committee
2 listed under subsection (1)(c) the name and address of the
3 committee, the name of the candidate and the office sought, if
4 any, the amount contributed, and the date of contribution.
5 (4) The committee shall designate for an independent
6 expenditure listed under subsection (1)(c) either the name of the
7 candidate for whose benefit the expenditure was made and the
8 office sought by the candidate, or a brief description of the
9 ballot question for which the expenditure was made; the amount,
10 date, and purpose of the expenditure; and the full name and
11 address of the person to whom the expenditure was made.
12 (5) The committee shall apportion an expenditure listed that
13 was made in support of more than 1 candidate or ballot question,
14 or both, reasonably among the candidates or ballot questions, or
15 both.
16 (6) A campaign statement of a committee, in addition to the
17 other information required by this section, shall include an
18 itemized list of all expenditures during the reporting period for
19 election day busing of electors to the polls, get-out-the-vote
20 activities, slate cards, challengers, poll watchers, and poll
21 workers.
22 Sec. 33. (1) A committee, other than an independent
23 committee or a political committee required to file with the
24 secretary of state, supporting or opposing a candidate shall file
25 complete campaign statements as required by this act and the
26 rules promulgated under this act. The campaign statements shall
27 be filed according to the following schedule:
1 (a) A preelection campaign statement shall be filed not
2 later than the eleventh day before an election. The closing date
3 for a campaign statement filed under this subdivision shall be
4 the sixteenth day before the election.
5 (b) A postelection campaign statement shall be filed not
6 later than the thirtieth day following the election. The closing
7 date for a campaign statement filed under this subdivision shall
8 be the twentieth day following the election. A committee
9 supporting a candidate who loses the primary election shall file
10 closing campaign statements in accordance with this section. If
11 all liabilities of that candidate or committee are paid before
12 the closing date and additional contributions are not expected,
13 the campaign statement may be filed at any time after the
14 election, but not later than the thirtieth day following the
15 election.
16 (2) For the purposes of subsection (1):
17 (a) A candidate committee shall file a preelection campaign
18 statement and a postelection campaign statement for each election
19 in which the candidate seeks nomination or election, except if an
20 individual becomes a candidate after the closing date for the
21 preelection campaign statement only the postelection campaign
22 statement is required for that election.
23 (b) A committee other than a candidate committee shall
file
24 a campaign statement for each period during which expenditures
25 are made for the purpose of influencing the nomination or
26 election of a candidate or for the qualification, passage, or
27 defeat of a ballot question.
1 (3) An independent committee or a political committee other
2 than a house political party caucus committee or senate political
3 party caucus committee required to file with the secretary of
4 state shall file campaign statements as required by this act
5 according to the following schedule:
6 (a) Not later than February 15 of each year with a closing
7 date of February 10 of that year.
8 (b) Not later than April 25 of each year with a closing date
9 of April 20 of that year.
10 (c) Not later than July 25 of each year with a closing date
11 of July 20 of that year.
12 (d) Not later than October 25 of each year with a closing
13 date of October 20 of that year.
14 (4) A house political party caucus committee or a senate
15 political party caucus committee required to file with the
16 secretary of state or a political party committee for a party
17 attempting to qualify as a new political party under section 685
18 of the Michigan election law, 1954 PA 116, MCL 168.685, shall
19 file campaign statements as required by this act according to the
20 following schedule:
21 (a) Not later than January 31 of each year with a closing
22 date of December 31 of the immediately preceding year.
23 (b) Not later than April 25 of each year with a closing date
24 of April 20 of that year.
25 (c) Not later than July 25 of each year with a closing date
26 of July 20 of that year.
27 (d) Not later than October 25 of each year with a closing
1 date of October 20 of that year.
2 (e) For the period beginning on the fourteenth day
3 immediately preceding a primary or special primary election and
4 ending on the day immediately following the primary or special
5 primary election, not later than 4 p.m. each business day with a
6 closing date of the immediately preceding day, only for a
7 contribution received or expenditure made that exceeds $1,000.00
8 per day.
9 (f) For the period beginning on the fourteenth day
10 immediately preceding a general or special election and ending on
11 the day immediately following the general or special election,
12 not later than 4 p.m. each business day with a closing date of
13 the immediately preceding day, only for a contribution received
14 or expenditure made that exceeds $1,000.00 per day.
15 (5) Notwithstanding subsection (3) or (4) or section 51, if
16 an independent expenditure is made within 45 days before a
17 special election by an independent committee or a political
18 committee required to file a campaign statement with the
19 secretary of state, a report of the expenditure shall be filed by
20 the committee with the secretary of state within 48 hours after
21 the expenditure. The report shall be made on a form provided by
22 the secretary of state and shall include the date of the
23 independent expenditure, the amount of the expenditure, a brief
24 description of the nature of the expenditure, and the name and
25 address of the person to whom the expenditure was paid. The brief
26 description of the expenditure shall include either the name of
27 the candidate and the office sought by the candidate or the name
1 of the ballot question and shall state whether the expenditure
2 supports or opposes the candidate or ballot question. This
3 subsection does not apply if the committee is required to report
4 the independent expenditure in a campaign statement that is
5 required to be filed before the date of the election for which
6 the expenditure was made.
7 (6) A candidate committee or a committee other than a
8 candidate committee that files a written statement under section
9 24(5) or (6) is not required to file a campaign statement under
10 subsection (1), (3), or (4) unless it received or expended an
11 amount in excess of $1,000.00. If the committee receives or
12 expends an amount in excess of $1,000.00 during a period covered
13 by a filing, the committee is then subject to the campaign filing
14 requirements under this act.
15 (7) A committee, candidate, treasurer, or other individual
16 designated as responsible for the committee's record keeping,
17 report preparation, or report filing who fails to file a
18 statement as required by this section shall pay a late filing
19 fee. If the committee has raised $10,000.00 or less during the
20 previous 2 years, the late filing fee shall be $25.00 for each
21 business day the statement remains unfiled, but not to exceed
22 $500.00. If the committee has raised more than $10,000.00 during
23 the previous 2 years, the late filing fee shall not exceed
24 $1,000.00, determined as follows:
25 (a) Twenty-five dollars for each business day the report
26 remains unfiled.
27 (b) An additional $25.00 for each business day after the
1 first 3 business days the report remains unfiled.
2 (c) An additional $50.00 for each business day after the
3 first 10 business days the report remains unfiled.
4 (8) If a candidate, treasurer, or other individual
5 designated as responsible for the committee's record keeping,
6 report preparation, or report filing fails to file 2 statements
7 required by this section or section 35 and both of the statements
8 remain unfiled for more than 30 days, that candidate, treasurer,
9 or other designated individual is guilty of a misdemeanor
10 punishable by a fine of not more than $1,000.00 or imprisonment
11 for not more than 90 days, or both.
12 (9) If a candidate is found guilty of a violation of this
13 section, the circuit court for that county, on application by the
14 attorney general or the prosecuting attorney of that county, may
15 prohibit that candidate from assuming the duties of a public
16 office or from receiving compensation from public funds, or both.
17 (10) If a candidate, treasurer, or other individual
18 designated as responsible for a committee's record keeping,
19 report preparation, or report filing knowingly files an
20 incomplete or inaccurate statement or report required by this
21 section, that individual is subject to a civil fine of not more
22 than $1,000.00.
23 (11) If a candidate, treasurer, or other individual
24 designated as responsible for a committee's record keeping,
25 report preparation, or report filing knowingly omits or
26 underreports individual contributions or individual expenditures
27 required to be disclosed by this act, that individual is subject
1 to a civil fine of not more than $1,000.00 or the amount of the
2 contributions and expenditures omitted or underreported,
3 whichever is greater.
4 (12) If a candidate committee's account has a balance of
5 $20,000.00 or more and a candidate, treasurer, or other
6 individual designated as responsible for that committee's record
7 keeping, report preparation, or report filing fails to file
8 campaign statements required under this act for 2 consecutive
9 years, that candidate, treasurer, or other individual is guilty
10 of a felony punishable by imprisonment for not more than 3 years
11 or a fine of not more than $5,000.00, or both. Any money in a
12 candidate committee account described in this subsection is
13 subject to seizure by, and forfeiture to, this state as provided
14 in this section.
15 (13) Not more than 5 business days after seizure of money
16 under subsection (12), the secretary of state shall deliver
17 personally or by registered mail to the last known address of the
18 candidate from whom the seizure was made an inventory statement
19 of the money seized. The inventory statement shall also contain
20 notice to the effect that unless demand for hearing as provided
21 in this section is made within 10 business days, the money is
22 forfeited to this state. Within 10 business days after the date
23 of service of the notice, the candidate may by registered mail,
24 facsimile transmission, or personal service file with the
25 secretary of state a demand for a hearing before the secretary of
26 state or a person designated by the secretary of state for a
27 determination as to whether the money was lawfully subject to
1 seizure and forfeiture. The candidate is entitled to appear
2 before the secretary of state or a person designated by the
3 secretary of state, to be represented by counsel, and to present
4 testimony and argument. Upon receipt of a request for hearing,
5 the secretary of state or a person designated by the secretary of
6 state shall hold the hearing within 15 business days. The hearing
7 is not a contested case proceeding and is not subject to the
8 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
9 24.328. After the hearing, the secretary of state or a person
10 designated by the secretary of state shall render a decision in
11 writing within 10 business days of the hearing and, by order,
12 shall either declare the money subject to seizure and forfeiture
13 or declare the money returnable to the candidate. If, within 10
14 business days after the date of service of the inventory
15 statement, the candidate does not file with the secretary of
16 state a demand for a hearing before the secretary of state or a
17 person designated by the secretary of state, the money seized is
18 forfeited to this state by operation of law. If, after a hearing
19 before the secretary of state or a person designated by the
20 secretary of state, the secretary of state or a person designated
21 by the secretary of state determines that the money is lawfully
22 subject to seizure and forfeiture and the candidate does not
23 appeal to the circuit court of the county in which the seizure
24 was made within the time prescribed in this section, the money
25 seized is forfeited to this state by operation of law. If a
26 candidate is aggrieved by the decision of the secretary of state
27 or a person designated by the secretary of state, that candidate
1 may appeal to the circuit court of the county where the seizure
2 was made to obtain a judicial determination of the lawfulness of
3 the seizure and forfeiture. The action shall be commenced within
4 20 days after notice of a determination by the secretary of state
5 or a person designated by the secretary of state is sent to the
6 candidate. The court shall hear the action and determine the
7 issues of fact and law involved in accordance with rules of
8 practice and procedure as in other in rem proceedings.
9 Sec. 35. (1) In addition to any other requirements of this
10 act for filing a campaign statement, a committee, other than an
11 independent committee or a political committee required to file
12 with the secretary of state, shall also file a each of the
13 following campaign statements:
14 (a) A campaign statement not later than January 31 of each
15 even numbered year. The campaign statement shall have a closing
16 date of December 31 of the previous year. The period covered by
17 the campaign statement filed under this subsection begins the day
18 after the closing date of the previous campaign statement. A
19 campaign statement filed under this subsection shall be waived if
20 a postelection campaign statement has been filed that has a
21 filing deadline within 30 days of the closing date of the
22 campaign statement required by this subsection.
23 (b) In each even numbered year, a campaign statement not
24 later than April 30 with a closing date of March 31.
25 (2) In addition to any other requirements of this act for
26 filing a campaign statement, a committee shall also file campaign
27 statements not later than the following dates in odd numbered
1 years:
2 (a) January 31 with a closing date of December 31 of the
3 previous year.
4 (b) April 25 with a closing date of April 20.
5 (c) July 25 with a closing date of July 20.
6 (d) October 25 with a closing date of October 20.
7 (3) (2) Subsection
(1) or (2) does not apply to a candidate
8 committee for an officeholder who is a judge or a supreme court
9 justice, or who holds an elective office for which the salary is
10 less than $100.00 a month and who does not receive any a
11 contribution or make any an expenditure during the
time that
12 would be otherwise covered in the statement.
13 (4) (3) A
committee, candidate, treasurer, or other
14 individual designated as responsible for the record keeping,
15 report preparation, or report filing for a candidate committee of
16 a candidate for state elective office or a judicial office who
17 fails to file a campaign statement under this section shall be
18 assessed a late filing fee. If the committee has raised
19 $10,000.00 or less during the previous 2 years, the late filing
20 fee shall be $25.00 for each business day the campaign statement
21 remains unfiled, but not to exceed $500.00. If the committee has
22 raised more than $10,000.00 during the previous 2 years, the late
23 filing fee shall be $50.00 for each business day the campaign
24 statement remains unfiled, but not to exceed $1,000.00. The late
25 filing fee assessed under this subsection shall be paid by the
26 candidate, and the candidate shall not use committee funds to pay
27 that fee. A committee, treasurer, or other individual designated
1 as responsible for the record keeping, report preparation, or
2 report filing for a committee other than a candidate committee of
3 a candidate for state elective office or a judicial office who
4 fails to file a campaign statement under this section shall pay a
5 late filing fee of $25.00 for each business day the campaign
6 statement remains not filed in violation of this section. The
7 late filing fee shall not exceed $500.00.
8 (5) (4) A
committee filing a written statement under section
9 24(5) or (6) need not is
not required to file a statement in
10 accordance with subsection (1). If a committee receives or
11 expends more than $1,000.00 during a time period prescribed by
12 section 24(5) or (6), the committee is then subject to the
13 campaign filing requirements under this act and shall file a
14 campaign statement for the period beginning the day after the
15 closing date of the last postelection campaign statement or an
16 annual campaign statement that is waived under subsection (1),
17 whichever occurred earlier.
18 (6) (5) If a
candidate, treasurer, or other individual
19 designated as responsible for the record keeping, report
20 preparation, or report filing fails to file 2 statements required
21 by this section or section 33 and both of the statements remain
22 unfiled for more than 30 days, that candidate, treasurer, or
23 other designated individual is guilty of a misdemeanor,
24 punishable by a fine of not more than $1,000.00, or imprisonment
25 for not more than 90 days, or both.
26 (7) (6) If a
candidate, treasurer, or other individual
27 designated as responsible for the record keeping, report
1 preparation, or report filing for a committee required to file a
2 campaign statement under subsection (1) knowingly files an
3 incomplete or inaccurate statement or report required by this
4 section, that individual is subject to a civil fine of not more
5 than $1,000.00.
6 Sec. 41. (1) A person shall not make or accept a single
7 contribution of more than $20.00 in cash or make or accept a
8 single expenditure of more than $50.00 in cash. Contributions of
9 more than $20.00 and expenditures of more than $50.00, other than
10 an in-kind contribution or expenditure, shall be made by written
11 instrument containing the names of the payor and the payee.
12 (2) A person shall not accept or expend an anonymous
13 contribution. An anonymous contribution received by a person
14 shall not be deposited but shall be given to a tax exempt
15 charitable organization. The charitable organization receiving
16 the contribution shall provide the person with a receipt. The
17 receipt shall be retained by an appropriate committee pursuant to
18 section 22.
19 (3) A contribution received as the result of a fund-raising
20 event or casual services or from the sale of political
21 merchandise that is $20.00 or less in the aggregate from a person
22 in any calendar year is not considered an anonymous contribution.
23 A contribution received from membership fees, dues, or
24 subscriptions for political purposes to an independent committee
25 or a political party committee that is $20.00 or less in the
26 aggregate from a person in any calendar year is not considered an
27 anonymous contribution.
1 (4) A person making a contribution pursuant to subsection
2 (3) that is more than $20.00 in any calendar year when added to
3 all other contributions made to that committee by that person
4 shall furnish the recipient with the donor's name, address, and
5 the total amount contributed.
6 (5) (3) A
contribution shall not be made, directly or
7 indirectly, by any person in a name other than the name by which
8 that person is identified for legal purposes.
9 (6) (4) A
person who knowingly violates this section is
10 guilty of a misdemeanor punishable, if the person is an
11 individual, by a fine of not more than $1,000.00 or imprisonment
12 for not more than 90 days, or both, or, if the person is other
13 than an individual, by a fine of not more than $10,000.00.
14 Sec. 42. (1) A person who accepts a contribution, other than
15 by written instrument, on behalf of another and acts as the
16 intermediary or agent of the person from whom the contribution
17 was accepted shall disclose to the recipient of the contribution
18 the intermediary's own name and address and the name and address
19 of the actual source of the contribution.
20 (2) A contribution of more than $20.00 from a person whose
21 treasurer does not reside in, whose principal office is not
22 located in, or whose funds are money is not kept in this
state ,
23 shall not be accepted by a person for purposes of supporting or
24 opposing candidates for elective office or the qualification,
25 passage, or defeat of a ballot question unless accompanied by a
26 statement certified as true and correct by an officer of the
27 contributing person setting forth the full name and address along
1 with the amount contributed, of each person who contributed more
2 than $20.00 to the total amount of the contribution. The
3 occupation, employer, and principal place of business shall be
4 listed for each person who contributed more than $100.00 to the
5 total amount of the contribution. The certified statement shall
6 also state that the contribution was not made from an account
7 containing funds money
prohibited by section 54. This
subsection
8 does not apply if the contributing person is registered as a
9 committee under section 24.
10 (3) A person shall not receive a contribution from a person
11 other than a committee unless, for purposes of the recipient
12 person's record keeping and reporting requirements, the
13 contribution is accompanied by the name and address of each
14 person who contributed more than $20.00 to the total amount of
15 the contribution and the name, address, occupation, employer, and
16 principal place of business of each person who contributed more
17 than $100.00 to the total amount of the contribution.
18 (4) A contribution from a person whose treasurer does not
19 reside in, whose principal office is not located in, or whose
20 money is not kept in this state shall not be accepted by a person
21 for purposes of supporting or opposing candidates for elective
22 office if the contributing person has received contributions on
23 an automatic basis, including, but not limited to, a payroll
24 deduction plan, unless the contribution is accompanied by a
25 statement, certified as true and correct by an officer of the
26 contributing person, setting forth that all contributions
27 received on an automatic basis are in full compliance with
1 section 55.
2 (5) A person who knowingly violates this section is guilty
3 of a misdemeanor punishable, if the person is an individual, by a
4 fine of not more than $1,000.00 or imprisonment for not more than
5 90 days, or both, or, if the person is other than an individual,
6 by a fine of not more than $10,000.00.
7 Sec. 43a. (1) A candidate committee shall not pay the
8 candidate, and a candidate shall not receive from his or her
9 candidate committee, wages, a salary, or other employment
10 compensation. This section does not prohibit reimbursements from
11 a candidate committee to a candidate for campaign-related
12 expenses made by the candidate on behalf of the candidate
13 committee.
14 (2) An individual who knowingly violates this section is
15 guilty of a misdemeanor punishable by imprisonment for not more
16 than 90 days or a fine of not more than $1,000.00, or both. A
17 committee that violates this section is subject to a fine of not
18 more than $10,000.00.
19 Sec. 48. (1) A communication advocating the election or
20 defeat of a candidate that is designed to contact electors
21 through automated telephonic, electronic mail, or other
22 electronic means and to which section 47 does not apply shall
23 clearly state the name and the address or telephone number of the
24 person paying for the communication.
25 (2) If the communication described in subsection (1)
26 advocates the election or defeat of a candidate and is an
27 independent expenditure not authorized in writing by that
1 candidate's candidate committee, the communication shall also
2 clearly state the following disclaimer: "Not authorized by any
3 candidate committee.". If the communication described in
4 subsection (1) advocates the election or defeat of a candidate
5 and is not an independent expenditure, but is paid for by a
6 person other than the candidate whom it advocates the election or
7 defeat of, the communication shall also clearly state the
8 following disclaimer:
9 "Authorized by ___________________________________________".
10 (name of candidate or name of candidate committee)
11 (3) A telephonic communication described in subsection (1)
12 shall state the name and the address or telephone number of the
13 person paying for the communication and any disclaimers required
14 under subsection (2) at the beginning of the telephonic
15 communication. A telephonic communication described in subsection
16 (1) shall not take place between the hours of 8 p.m. and 9 a.m.
17 in the time zone within which the recipient of the telephonic
18 communication is located.
19 (4) For a visual communication governed by this section, the
20 director of elections shall promulgate rules regulating the size
21 and placement of an identification or disclaimer required by this
22 section.
23 (5) The secretary of state shall furnish to candidates and
24 post on its internet website information regarding the
25 prohibitions in this section.
26 (6) A person who knowingly violates this section is guilty
1 of a crime as follows:
2 (a) For the first violation, the person is guilty of a
3 misdemeanor punishable by imprisonment for not more than 90 days
4 or a fine of not more than $500.00, or both.
5 (b) For the second violation, the person is guilty of a
6 misdemeanor punishable by imprisonment for not more than 93 days
7 or a fine of not more than $1,000.00, or both.
8 (c) For the third or subsequent violation, the person is
9 guilty of a misdemeanor punishable by imprisonment for not more
10 than 93 days or a fine of not more than $2,500.00, or both.
11 Sec. 52. (1) Except as provided in subsection (5) or (11)
12 and subject to subsection (8), a person other than an independent
13 committee or a political party committee shall not make
14 contributions to a candidate committee of a candidate for
15 elective office that, with respect to an election cycle, are more
16 than the following:
17 (a) $3,400.00 for a candidate for state elective office
18 other than the office of state legislator, or for a candidate for
19 local elective office if the district from which he or she is
20 seeking office has a population of more than 250,000.
21 (b) $1,000.00 for a candidate for state senator, or for a
22 candidate for local elective office if the district from which he
23 or she is seeking office has a population of more than 85,000 but
24 250,000 or less.
25 (c) $500.00 for a candidate for state representative, or for
26 a candidate for local elective office if the district from which
27 he or she is seeking office has a population of 85,000 or less.
1 (2) Except as otherwise provided in this subsection and
2 subsection (12), an independent committee shall not make
3 contributions to a candidate committee of a candidate for
4 elective office that, in the aggregate for that election cycle,
5 are more than 10 times the amount permitted a person other than
6 an independent committee or political party committee in
7 subsection (1). A house political party caucus committee or a
8 senate political party caucus committee is not limited under this
9 subsection in the amount of contributions made to the candidate
10 committee of a candidate for the office of state legislator,
11 except as follows:
12 (a) A house political party caucus committee or a senate
13 political party caucus committee shall not pay a debt incurred by
14 a candidate if that debt was incurred while the candidate was
15 seeking nomination at a primary election and the candidate was
16 opposed at that primary.
17 (b) A house political party caucus committee or a senate
18 political party caucus committee shall not make a contribution to
19 or make an expenditure on behalf of a candidate if that candidate
20 is seeking nomination at a primary election and the candidate is
21 opposed at that primary.
22 (3) A political party committee other than a state central
23 committee shall not make contributions to the candidate committee
24 of a candidate for elective office that are more than 10 times
25 the amount permitted a person other than an independent committee
26 or political party committee in subsection (1).
27 (4) A state central committee of a political party shall not
1 make contributions to the candidate committee of a candidate for
2 state elective office other than a candidate for the legislature
3 that are more than 20 times the amount permitted a person other
4 than an independent committee or political party committee in
5 subsection (1). A state central committee of a political party
6 shall not make contributions to the candidate committee of a
7 candidate for state senator, state representative, or local
8 elective office that are more than 10 times the amount permitted
9 a person other than an independent committee or political party
10 committee in subsection (1).
11 (5) A contribution from a member of a candidate's immediate
12 family to the candidate committee of that candidate is exempt
13 from the limitations of subsection (1).
14 (6) Consistent with the provisions of this section, a
15 contribution designated in writing for a particular election
16 cycle is considered made for that election cycle. A contribution
17 made after the close of a particular election cycle and
18 designated in writing for that election cycle shall be made only
19 to the extent that the contribution does not exceed the candidate
20 committee's net outstanding debts and obligations from the
21 election cycle so designated. If a contribution is not designated
22 in writing for a particular election cycle, the contribution is
23 considered made for the election cycle that corresponds to the
24 date of the written instrument.
25 (7) A candidate committee, a candidate, or a treasurer or
26 agent of a candidate committee shall not accept a contribution
27 with respect to an election cycle that exceeds the limitations in
1 subsection (1), (2), (3), (4), (11), or (12).
2 (8) The contribution limits in subsection (1) for a
3 candidate for local elective office are effective on the
4 effective date of the amendatory act that provides for those
5 contribution limits, however, only contributions received by that
6 candidate on and after that date shall be used to determine if
7 the contribution limit has been reached.
8 (9) A person who knowingly violates this section is guilty
9 of a misdemeanor punishable, if the person is an individual, by a
10 fine of not more than $1,000.00 or imprisonment for not more than
11 90 days, or both, or, if the person is not an individual, by a
12 fine of not more than $10,000.00.
13 (10) For purposes of the limitations provided in subsections
14 (1) and (2), all contributions made by political committees or
15 independent committees established by any corporation, joint
16 stock company, or domestic dependent sovereign, or labor
17 organization, including any
parent, subsidiary, branch, division,
18 department, or local unit thereof, shall be considered to have
19 been made by a single independent committee. By way of
20 illustration and not limitation, all both of
the following apply
21 as a result of the application of this requirement:
22 (a) All of the political committees and independent
23 committees established by a for profit corporation or joint stock
24 company, by a subsidiary of the for profit corporation or joint
25 stock company, or by any combination thereof, are treated as a
26 single independent committee.
27 (b) All of the political committees and independent
1 committees established by a single national or international
2 labor organization, by a labor organization of that national or
3 international labor organization, by a local labor organization
4 of that national or international labor organization, or by any
5 other subordinate organization of that national or international
6 labor organization, or by any combination thereof, are treated as
7 a single independent committee.
8 (c) All of the political committees and independent
9 committees established by an organization of national or
10 international unions, by a state central body of that
11 organization, by a local central body of that organization, or by
12 any combination thereof, are treated as a single independent
13 committee.
14 (b) (d) All
of the political committees and independent
15 committees established by a nonprofit corporation, by a related
16 state entity of that nonprofit corporation, by a related local
17 entity of that nonprofit corporation, or by any combination
18 thereof, are treated as a single independent committee.
19 (11) The limitation on a political committee's contributions
20 under subsection (1) does not apply to contributions that are
21 part of 1 or more bundled contributions delivered to the
22 candidate committee of a candidate for statewide elective office
23 and that are attributed to the political committee as prescribed
24 in section 31. A political committee shall not make contributions
25 to a candidate committee of a candidate for statewide elective
26 office that are part of 1 or more bundled contributions delivered
27 to that candidate committee, that are attributed to the political
1 committee as prescribed in section 31, and that, in the aggregate
2 for that election cycle, are more than the amount permitted a
3 person other than an independent committee or political party
4 committee in subsection (1).
5 (12) The limitation on an independent committee's
6 contributions under subsection (2) does not apply to
7 contributions that are part of 1 or more bundled contributions
8 delivered to the candidate committee of a candidate for statewide
9 elective office and that are attributed to the independent
10 committee as prescribed in section 31. An independent committee
11 shall not make contributions to a candidate committee of a
12 candidate for statewide elective office that are part of 1 or
13 more bundled contributions delivered to that candidate committee,
14 that are attributed to the independent committee as prescribed in
15 section 31, and that, in the aggregate for that election cycle,
16 are more than 10 times the amount permitted a person other than
17 an independent committee or political party committee in
18 subsection (1).
19 Sec. 55. (1) A corporation organized on a for profit or
20 nonprofit basis, a joint stock company, a domestic dependent
21 sovereign, or a labor organization formed under the laws of this
22 or another state or foreign country may make an expenditure for
23 the establishment and administration and solicitation of
24 contributions to a separate segregated fund to be used for
25 political purposes. A separate segregated fund established under
26 this section shall be limited to making contributions to, and
27 expenditures on behalf of, candidate committees, ballot question
1 committees, political party committees, political committees,
2 independent committees, and other separate segregated funds.
3 (2) Contributions for a separate segregated fund established
4 by a corporation, organized on a for profit basis, or a joint
5 stock company under this section may be solicited from any of the
6 following persons or their spouses:
7 (a) Stockholders of the corporation or company.
8 (b) Officers and directors of the corporation or company.
9 (c) Employees of the corporation or company who have policy
10 making, managerial, professional, supervisory, or administrative
11 nonclerical responsibilities.
12 (3) Contributions for a separate segregated fund established
13 under this section by a corporation organized on a nonprofit
14 basis may be solicited from any of the following persons or their
15 spouses:
16 (a) Members of the corporation who are individuals.
17 (b) Stockholders of members of the corporation.
18 (c) Officers or directors of members of the corporation.
19 (d) Employees of the members of the corporation who have
20 policy making, managerial, professional, supervisory, or
21 administrative nonclerical responsibilities.
22 (e) Employees of the corporation who have policy making,
23 managerial, professional, supervisory, or administrative
24 nonclerical responsibilities.
25 (4) Contributions for a separate segregated fund established
26 under this section by a labor organization may be solicited from
27 any of the following persons or their spouses:
1 (a) Members of the labor organization who are individuals.
2 (b) Officers or directors of the labor organization.
3 (c) Employees of the labor organization who have policy
4 making, managerial, professional, supervisory, or administrative
5 nonclerical responsibilities.
6 (5) Contributions for a separate segregated fund established
7 under this section by a domestic dependent sovereign may be
8 solicited from an individual who is a member of any domestic
9 dependent sovereign.
10 (6) Contributions shall not be obtained for a separate
11 segregated fund established under this section by use of coercion
12 or physical force, by making a contribution a condition of
13 employment or membership, or by using or threatening to use job
14 discrimination or financial reprisals. A corporation organized on
15 a for profit or nonprofit basis, a joint stock company, a
16 domestic dependent sovereign, or a labor organization shall not
17 solicit or obtain contributions for a separate segregated fund
18 established under this section from an individual described in
19 subsection (2), (3), (4), or (5) on an automatic or a passive
20 basis including but not limited to a payroll deduction plan or
21 reverse checkoff method. A corporation organized on a for profit
22 or nonprofit basis, a joint stock company, a domestic dependent
23 sovereign, or a labor organization may solicit or obtain
24 contributions for a separate segregated fund established under
25 this section from an individual described in subsection (2), (3),
26 (4), or (5) on an automatic basis, including but not limited to a
27 payroll deduction plan, only if the individual who is
1 contributing to the fund affirmatively consents in writing to the
2 contribution. at least once in every calendar year.
3 (7) A person who knowingly violates this section is guilty
4 of a felony punishable, if the person is an individual, by a fine
5 of not more than $5,000.00 or imprisonment for not more than 3
6 years, or both, or, if the person is not an individual, by a fine
7 of not more than $10,000.00.
8 (8) If a corporation, joint stock company, domestic
9 dependent sovereign, or labor organization that obtains
10 contributions for a separate segregated fund from individuals
11 described in subsection (2), (3), (4), or (5) pays to 1 or more
12 of those individuals a bonus or other remuneration for the
13 purpose of reimbursing those contributions, then that
14 corporation, joint stock company, domestic dependent sovereign,
15 or labor organization is subject to a civil fine equal to 2 times
16 the total contributions obtained from all individuals for the
17 separate segregated fund during that calendar year.
18 Sec. 57. (1) A public body or a person acting for a public
19 body shall not use or authorize the use of funds, personnel,
20 office space, computer hardware or software, property,
21 stationery, postage, vehicles, equipment, supplies, or other
22 public resources to make a contribution or expenditure or provide
23 volunteer personal services that are excluded from the definition
24 of contribution under section 4(3)(a). The prohibition under this
25 subsection includes, but is not limited to, using or authorizing
26 the use of public resources to establish or administer a payroll
27 deduction plan to directly or indirectly collect or deliver a
1 contribution to, or make an expenditure for, a committee. Advance
2 payment or reimbursement to a public body does not cure a use of
3 public resources otherwise prohibited by this subsection. This
4 subsection does not apply to any of the following:
5 (a) The expression of views by an elected or appointed
6 public official who has policy making responsibilities.
7 (b) The production or dissemination of factual information
8 concerning issues relevant to the function of the public body.
9 (c) The production or dissemination of debates, interviews,
10 commentary, or information by a broadcasting station, newspaper,
11 magazine, or other periodical or publication in the regular
12 course of broadcasting or publication.
13 (d) The use of a public facility owned or leased by, or on
14 behalf of, a public body if any candidate or committee has an
15 equal opportunity to use the public facility.
16 (e) The use of a public facility owned or leased by, or on
17 behalf of, a public body if that facility is primarily used as a
18 family dwelling and is not used to conduct a fund-raising event.
19 (f) An elected or appointed public official or an employee
20 of a public body who, when not acting for a public body but is on
21 his or her own personal time, is expressing his or her own
22 personal views, is expending his or her own personal funds, or is
23 providing his or her own personal volunteer services.
24 (g) The use of public resources to permit a public employee,
25 including, but not limited to, employees of public universities,
26 to contribute to a separate segregated fund of the employee's
27 collective bargaining representative by payroll deduction,
1 provided that the collective bargaining representative provides
2 full compensation for the value of the resources used to the
3 public body.
4 (2) If the secretary of state has dismissed a complaint
5 filed under section 15(5) alleging that a public body or person
6 acting for a public body used or authorized the use of public
7 resources to establish or administer a payroll deduction plan to
8 collect or deliver a contribution to, or make an expenditure for,
9 a committee in violation of this section, or if the secretary of
10 state enters into a conciliation agreement under section 15(10)
11 that does not prevent a public body or a person acting for a
12 public body to use or authorize the use of public resources to
13 establish or administer a payroll deduction plan to collect or
14 deliver a contribution to, or make an expenditure for, a
15 committee in violation of this section, the following apply:
16 (a) The complainant or any other person who resides, or has
17 a place of business, in the jurisdiction where the use or
18 authorization of the use of public resources occurred may bring a
19 civil action against the public body or person acting for the
20 public body to seek declaratory, injunctive, mandamus, or other
21 equitable relief and to recover losses that a public body suffers
22 from the violation of this section.
23 (b) If the complainant or any other person who resides, or
24 has a place of business, in the jurisdiction where the use or
25 authorization of the use of public resources occurred prevails in
26 an action initiated under this subsection, a court shall award
27 the complainant or any other person necessary expenses, costs,
1 and reasonable attorney fees.
2 (c) Any amount awarded or equitable relief granted by a
3 court under this subsection may be awarded or granted against the
4 public body or an individual acting for the public body, or both,
5 that violates this section, as determined by the court.
6 (d) A complainant or any other person who resides, or has a
7 place of business, in the jurisdiction where the use or
8 authorization of the use of public resources occurred may bring a
9 civil action under this subsection in any county in which venue
10 is proper. Process issued by a court in which an action is filed
11 under this subsection may be served anywhere in this state.
12 (2) (3) A
person who knowingly violates this section is
13 guilty of a misdemeanor punishable, if the person is an
14 individual, by a fine of not more than $1,000.00 or imprisonment
15 for not more than 1 year, or both, or if the person is not an
16 individual, by 1 of the following, whichever is greater:
17 (a) A fine of not more than $20,000.00.
18 (b) A fine equal to the amount of the improper contribution
19 or expenditure.
