Bill Text: MI HB5355 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Campaign finance; statements and reports; quarterly filing of certain statements; require. Amends sec. 33 of 1976 PA 388 (MCL 169.233).
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2012-03-29 - Re-referred To Committee On Redistricting And Elections [HB5355 Detail]
Download: Michigan-2011-HB5355-Introduced.html
HOUSE BILL No. 5355
February 2, 2012, Introduced by Reps. Stapleton, Bauer, Ananich, Irwin, Brown, Townsend, Byrum, Segal, Slavens, Liss, Hammel, Lindberg, Howze, Durhal and Barnett and referred to the Committee on Redistricting and Elections.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending section 33 (MCL 169.233), as amended by 1999 PA 238.
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 such a 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 an odd numbered year:
(i) Not later than April 25 with a closing date of April 20 of
each year.
(ii) Not later than July 25 with a closing date of July 20 of
each year.
(iii) Not later than October 25 with a closing date of October
20 of each year.
(d) In an even numbered year, April 30 with a closing date of
April 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) In an odd numbered year:
(i) Not later than January 31 of that year with a closing date
of December 31 of the previous year.
(ii) Not later than July 25 with a closing date of July 20 of
that year.
(iii) Not later than October 25 with a closing date of October
20 of that year.
(b) In an even numbered year:
(i) Not later than April 25 of that year with a closing date of
April 20 of that year.
(ii) Not later than July 25 with a closing date of July 20 of
that year.
(iii) Not later than October 25 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 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) need not 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 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 treasurer or
other designated individual is subject to a civil fine of not more
than $1,000.00.
