Bill Text: MI HB4801 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Campaign finance; statements and reports; February quarterly reports; eliminate, and require annual reports. Amends sec. 33 of 1976 PA 388 (MCL 169.233).

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2015-08-19 - Printed Bill Filed 08/19/2015 [HB4801 Detail]

Download: Michigan-2015-HB4801-Introduced.html

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HOUSE BILL No. 4801

 

August 18, 2015, Introduced by Reps. Hoadley, Irwin, Heise, Plawecki, Liberati, Pagan and Wittenberg and referred to the Committee on Elections.

 

     A bill to amend 1976 PA 388, entitled

 

"Michigan campaign finance act,"

 

by amending section 33 (MCL 169.233), as amended by 2013 PA 252.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 33. (1) A committee, other than an independent committee

 

or a political committee required to file with the secretary of

 

state, supporting or opposing a candidate shall file complete

 

campaign statements as required by this act and the rules

 

promulgated under this act. The campaign statements shall be filed

 

according to the following schedule:

 

     (a) A preelection campaign statement shall be filed not later

 

than the eleventh day before an election. The closing date for a

 

campaign statement filed under this subdivision shall be the

 

sixteenth day before the election.

 

     (b) A postelection campaign statement shall be filed not later

than the thirtieth day following the election. The closing date for

 

a campaign statement filed under this subdivision shall be the

 

twentieth day following the election. A committee supporting a

 

candidate who loses the primary election shall file closing

 

campaign statements in accordance with this section. If all

 

liabilities of that candidate or committee are paid before the

 

closing date and additional contributions are not expected, the

 

campaign statement may be filed at any time after the election, but

 

not later than the thirtieth day following the election.

 

     (c) In a year in which there is no election for the candidate

 

the committee is supporting or opposing:

 

     (i) Not later than July 25 with a closing date of July 20 of

 

that year.

 

     (ii) Not later than October 25 with a closing date of October

 

20 of that year.

 

     (2) For the purposes of subsection (1):

 

     (a) A candidate committee shall file a preelection campaign

 

statement and a postelection campaign statement for each election

 

in which the candidate seeks nomination or election, except if an

 

individual becomes a candidate after the closing date for the

 

preelection campaign statement only the postelection campaign

 

statement is required for that election.

 

     (b) A committee other than a candidate committee shall file a

 

campaign statement for each period during which expenditures are

 

made for the purpose of influencing the nomination or election of a

 

candidate or for the qualification, passage, or defeat of a ballot

 

question.

 

     (3) An independent committee or a political committee other

 

than a house political party caucus committee or senate political

 

party caucus committee required to file with the secretary of state

 

shall file campaign statements as required by this act according to

 

the following schedule:

 

     (a) Not later than February 15 January 31 of each year with a

 

closing date of February 10 December 31 of that the immediately

 

preceding year.

 

     (b) Not later than April 25 of each year with a closing date

 

of April 20 of that year.

 

     (c) Not later than July 25 of each year with a closing date of

 

July 20 of that year.

 

     (d) Not later than October 25 of each year with a closing date

 

of October 20 of that year.

 

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

 

political party caucus committee required to file with the

 

secretary of state or a political party committee for a party

 

attempting to qualify as a new political party under section 685 of

 

the Michigan election law, 1954 PA 116, MCL 168.685, shall file

 

campaign statements as required by this act according to the

 

following schedule:

 

     (a) Not later than January 31 of each year with a closing date

 

of December 31 of the immediately preceding year.

 

     (b) Not later than April 25 of each year with a closing date

 

of April 20 of that year.

 

     (c) Not later than July 25 of each year with a closing date of

 

July 20 of that year.

 

     (d) Not later than October 25 of each year with a closing date

 

of October 20 of that year.

 

     (e) For the period beginning on the fourteenth day immediately

 

preceding a primary or special primary election and ending on the

 

day immediately following the primary or special primary election,

 

not later than 4 p.m. each business day with a closing date of the

 

immediately preceding day, only for a contribution received or

 

expenditure made that exceeds $1,000.00 per day.

 

     (f) For the period beginning on the fourteenth day immediately

 

preceding a general or special election and ending on the day

 

immediately following the general or special election, not later

 

than 4 p.m. each business day with a closing date of the

 

immediately preceding day, only for a contribution received or

 

expenditure made that exceeds $1,000.00 per day.

 

     (5) Notwithstanding subsection (3) or (4) or section 51, if an

 

independent expenditure is made within 45 days before a special

 

election by an independent committee or a political committee

 

required to file a campaign statement with the secretary of state,

 

a report of the expenditure shall be filed by the committee with

 

the secretary of state within 48 hours after the expenditure. The

 

report shall be made on a form provided by the secretary of state

 

and shall include the date of the independent expenditure, the

 

amount of the expenditure, a brief description of the nature of the

 

expenditure, and the name and address of the person to whom the

 

expenditure was paid. The brief description of the expenditure

 

shall include either the name of the candidate and the office

 

sought by the candidate or the name of the ballot question and

 

shall state whether the expenditure supports or opposes the

 

candidate or ballot question. This subsection does not apply if the

 

committee is required to report the independent expenditure in a

 

campaign statement that is required to be filed before the date of

 

the election for which the expenditure was made.

 

     (6) A candidate committee or a committee other than a

 

candidate committee that files a written statement under section

 

24(5) or (6) is not required to file a campaign statement under

 

subsection (1), (3), or (4) unless it received or expended an

 

amount in excess of $1,000.00. If the committee receives or expends

 

an amount in excess of $1,000.00 during a period covered by a

 

filing, the committee is then subject to the campaign filing

 

requirements under this act.

 

     (7) A committee, candidate, treasurer, or other individual

 

designated as responsible for the committee's record keeping,

 

report preparation, or report filing who fails to file a statement

 

as required by this section shall pay a late filing fee. If the

 

committee has raised $10,000.00 or less during the previous 2

 

years, the late filing fee shall be $25.00 for each business day

 

the statement remains unfiled, but not to exceed $500.00. If the

 

committee has raised more than $10,000.00 during the previous 2

 

years, the late filing fee shall not exceed $1,000.00, determined

 

as follows:

 

     (a) Twenty-five dollars for each business day the report

 

remains unfiled.

 

     (b) An additional $25.00 for each business day after the first

 

3 business days the report remains unfiled.

 

     (c) An additional $50.00 for each business day after the first

 

10 business days the report remains unfiled.

 

     (8) If a candidate, treasurer, or other individual designated

 

as responsible for the committee's record keeping, report

 

preparation, or report filing fails to file 2 statements required

 

by this section or section 35 and both of the statements remain

 

unfiled for more than 30 days, that candidate, treasurer, or other

 

designated individual is guilty of a misdemeanor punishable by a

 

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

 

90 days, or both.

 

     (9) If a candidate is found guilty of a violation of this

 

section, the circuit court for that county, on application by the

 

attorney general or the prosecuting attorney of that county, may

 

prohibit that candidate from assuming the duties of a public office

 

or from receiving compensation from public funds, or both.

 

     (10) If a candidate, treasurer, or other individual designated

 

as responsible for a committee's record keeping, report

 

preparation, or report filing knowingly files an incomplete or

 

inaccurate statement or report required by this section, that

 

individual is subject to a civil fine of not more than $1,000.00.

 

     (11) If a candidate, treasurer, or other individual designated

 

as responsible for a committee's record keeping, report

 

preparation, or report filing knowingly omits or underreports

 

individual contributions or individual expenditures required to be

 

disclosed by this act, that individual is subject to a civil fine

 

of not more than $1,000.00 or the amount of the contributions and

 

expenditures omitted or underreported, whichever is greater.

 

     (12) If a candidate committee's account has a balance of

 

$20,000.00 or more and a candidate, treasurer, or other individual

 

designated as responsible for that committee's record keeping,

 

report preparation, or report filing fails to file campaign

 

statements required under this act for 2 consecutive years, that

 

candidate, treasurer, or other individual is guilty of a felony

 

punishable by imprisonment for not more than 3 years or a fine of

 

not more than $5,000.00, or both. Any money in a candidate

 

committee account described in this subsection is subject to

 

seizure by, and forfeiture to, this state as provided in this

 

section.

 

     (13) Not more than 5 business days after seizure of money

 

under subsection (12), the secretary of state shall deliver

 

personally or by registered mail to the last known address of the

 

candidate from whom the seizure was made an inventory statement of

 

the money seized. The inventory statement shall also contain notice

 

to the effect that unless demand for hearing as provided in this

 

section is made within 10 business days, the money is forfeited to

 

this state. Within 10 business days after the date of service of

 

the notice, the candidate may by registered mail, facsimile

 

transmission, or personal service file with the secretary of state

 

a demand for a hearing before the secretary of state or a person

 

designated by the secretary of state for a determination as to

 

whether the money was lawfully subject to seizure and forfeiture.

 

The candidate is entitled to appear before the secretary of state

 

or a person designated by the secretary of state, to be represented

 

by counsel, and to present testimony and argument. Upon receipt of

 

a request for hearing, the secretary of state or a person

 

designated by the secretary of state shall hold the hearing within

 

15 business days. The hearing is not a contested case proceeding

 

and is not subject to the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328. After the hearing, the secretary

 

of state or a person designated by the secretary of state shall

 

render a decision in writing within 10 business days of the hearing

 

and, by order, shall either declare the money subject to seizure

 

and forfeiture or declare the money returnable to the candidate.

 

If, within 10 business days after the date of service of the

 

inventory statement, the candidate does not file with the secretary

 

of state a demand for a hearing before the secretary of state or a

 

person designated by the secretary of state, the money seized is

 

forfeited to this state by operation of law. If, after a hearing

 

before the secretary of state or a person designated by the

 

secretary of state, the secretary of state or a person designated

 

by the secretary of state determines that the money is lawfully

 

subject to seizure and forfeiture and the candidate does not appeal

 

to the circuit court of the county in which the seizure was made

 

within the time prescribed in this section, the money seized is

 

forfeited to this state by operation of law. If a candidate is

 

aggrieved by the decision of the secretary of state or a person

 

designated by the secretary of state, that candidate may appeal to

 

the circuit court of the county where the seizure was made to

 

obtain a judicial determination of the lawfulness of the seizure

 

and forfeiture. The action shall be commenced within 20 days after

 

notice of a determination by the secretary of state or a person

 

designated by the secretary of state is sent to the candidate. The

 

court shall hear the action and determine the issues of fact and

 

law involved in accordance with rules of practice and procedure as

 

in other in rem proceedings.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted.