Bill Text: MI HB5632 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Campaign finance; contributions and expenditures; amount of contributions independent committees are allowed to make to candidate committees; reduce. Amends secs. 52 & 69 of 1976 PA 388 (MCL 169.252 & 169.269).
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Introduced - Dead) 2016-05-10 - Bill Electronically Reproduced 05/04/2016 [HB5632 Detail]
Download: Michigan-2015-HB5632-Introduced.html
HOUSE BILL No. 5632
May 4, 2016, Introduced by Reps. Howrylak, Pagan, Hoadley, Plawecki, Lane, Robinson, LaVoy, McBroom and Runestad and referred to the Committee on Elections.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending sections 52 and 69 (MCL 169.252 and 169.269), section
52 as amended by 2015 PA 269 and section 69 as amended by 2013 PA
252.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 52. (1) Except as provided in subsection (5) or (11) and
subject to section 46 and subsection (8), a person other than an
independent committee or a political party committee shall not make
contributions to a candidate committee of a candidate for elective
office that, with respect to an election cycle, are more than the
following:
(a) $6,800.00 for a candidate for state elective office other
than the office of state legislator, or for a candidate for local
elective office if the district from which he or she is seeking
office has a population of more than 250,000.
(b) $2,000.00 for a candidate for state senator, or for a
candidate for local elective office if the district from which he
or she is seeking office has a population of more than 85,000 but
250,000 or less.
(c) $1,000.00 for a candidate for state representative, or for
a candidate for local elective office if the district from which he
or she is seeking office has a population of 85,000 or less.
(2) Except as otherwise provided in this subsection and
subsection (12), an independent committee shall not make
contributions to a candidate committee of a candidate for elective
office that, in the aggregate for that election cycle, are more
than
10 5 times the amount permitted a person other than an
independent committee or political party committee in subsection
(1). A house political party caucus committee or a senate political
party caucus committee is not limited under this subsection in the
amount of contributions made to the candidate committee of a
candidate for the office of state legislator, except as follows:
(a) A house political party caucus committee or a senate
political party caucus committee shall not pay a debt incurred by a
candidate if that debt was incurred while the candidate was seeking
nomination at a primary election and the candidate was opposed at
that primary.
(b) A house political party caucus committee or a senate
political party caucus committee shall not make a contribution to
or make an expenditure on behalf of a candidate if that candidate
is seeking nomination at a primary election and the candidate is
opposed at that primary.
(3) A political party committee other than a state central
committee shall not make contributions to the candidate committee
of a candidate for elective office that are more than 10 times the
amount permitted a person other than an independent committee or
political party committee in subsection (1).
(4) A state central committee of a political party shall not
make contributions to the candidate committee of a candidate for
state elective office other than a candidate for the legislature
that are more than 20 times the amount permitted a person other
than an independent committee or political party committee in
subsection (1). A state central committee of a political party
shall not make contributions to the candidate committee of a
candidate for state senator, state representative, or local
elective office that are more than 10 times the amount permitted a
person other than an independent committee or political party
committee in subsection (1).
(5) A contribution from a member of a candidate's immediate
family to the candidate committee of that candidate is exempt from
the limitations of subsection (1).
(6) Consistent with the provisions of this section, a
contribution designated in writing for a particular election cycle
is considered made for that election cycle. A contribution made
after the close of a particular election cycle and designated in
writing for that election cycle shall be made only to the extent
that the contribution does not exceed the candidate committee's net
outstanding debts and obligations from the election cycle so
designated. If a contribution is not designated in writing for a
particular election cycle, all of the following apply to that
contribution:
(a) The contribution is considered made for the election cycle
that corresponds to the date of the written instrument.
(b) The contribution limits for the current election cycle
apply to that contribution.
(c) A candidate committee may use that contribution to pay
outstanding debts and obligations from a previous election cycle
regardless of whether the contribution, when aggregated with any
contributions made in that previous election cycle, would exceed
the contribution limits for that previous election cycle.
(7) A candidate committee, a candidate, or a treasurer or
agent of a candidate committee shall not accept a contribution with
respect to an election cycle that exceeds the limitations in
subsection (1), (2), (3), (4), (11), or (12).
(8) The contribution limits in subsection (1) for a candidate
for local elective office are effective on the effective date of
the amendatory act that provides for those contribution limits,
however, only contributions received by that candidate on and after
that date shall be used to determine if the contribution limit has
been reached.
(9) A person who knowingly violates this section is guilty of
a misdemeanor punishable, if the person is an individual, by a fine
of not more than $1,000.00 or imprisonment for not more than 90
days, or both, or, if the person is not an individual, by a fine of
not more than $10,000.00.
(10) For purposes of the limitations provided in subsections
(1) and (2), all contributions made by political committees or
independent committees established by any corporation, joint stock
company, domestic dependent sovereign, or labor organization,
including any parent, subsidiary, branch, division, department, or
local unit thereof, shall be considered to have been made by a
single independent committee. By way of illustration and not
limitation, all of the following apply as a result of the
application of this requirement:
(a) All of the political committees and independent committees
established by a for profit corporation or joint stock company, by
a subsidiary of the for profit corporation or joint stock company,
or by any combination thereof, are treated as a single independent
committee.
(b) All of the political committees and independent committees
established by a single national or international labor
organization, by a labor organization of that national or
international labor organization, by a local labor organization of
that national or international labor organization, or by any other
subordinate organization of that national or international labor
organization, or by any combination thereof, are treated as a
single independent committee.
(c) All of the political committees and independent committees
established by an organization of national or international unions,
by a state central body of that organization, by a local central
body of that organization, or by any combination thereof, are
treated as a single independent committee.
(d) All of the political committees and independent committees
established by a nonprofit corporation, by a related state entity
of that nonprofit corporation, by a related local entity of that
nonprofit corporation, or by any combination thereof, are treated
as a single independent committee.
(11) The limitation on a political committee's contributions
under subsection (1) does not apply to contributions that are part
of 1 or more bundled contributions delivered to the candidate
committee of a candidate for statewide elective office and that are
attributed to the political committee as prescribed in section 31.
A political committee shall not make contributions to a candidate
committee of a candidate for statewide elective office that are
part of 1 or more bundled contributions delivered to that candidate
committee, that are attributed to the political committee as
prescribed in section 31, and that, in the aggregate for that
election cycle, are more than the amount permitted a person other
than an independent committee or political party committee in
subsection (1).
(12) The limitation on an independent committee's
contributions under subsection (2) does not apply to contributions
that are part of 1 or more bundled contributions delivered to the
candidate committee of a candidate for statewide elective office
and that are attributed to the independent committee as prescribed
in section 31. An independent committee shall not make
contributions to a candidate committee of a candidate for statewide
elective office that are part of 1 or more bundled contributions
delivered to that candidate committee, that are attributed to the
independent committee as prescribed in section 31, and that, in the
aggregate
for that election cycle, are more than 10 5 times the
amount permitted a person other than an independent committee or
political party committee in subsection (1).
Sec. 69. (1) Except as provided in subsection (6) or (10) and
subject to section 46, a person other than an independent committee
or a political party committee shall not make contributions to a
candidate committee of a candidate that are more than $6,800.00 in
value for an election cycle.
(2) Except as provided in subsection (11), an independent
committee shall not make contributions to a candidate committee
that
for an election cycle are more than 10 5 times the amount
permitted a person other than an independent committee or political
party committee in subsection (1).
(3) A political party committee that is a state central
committee shall not make contributions to a candidate committee
that for an election cycle are more than $750,000.00.
(4) A political party committee that is a congressional
district or county committee shall not make contributions to a
candidate committee that for an election cycle are more than
$30,000.00.
(5) A candidate committee, a candidate, or a treasurer or
agent shall not accept a contribution with respect to an election
cycle that exceeds a limitation in subsections (1) to (4), or (10).
(6) As used in this subsection, "immediate family" means a
spouse, parent, brother, sister, son, or daughter. A candidate and
members of that candidate's immediate family may not contribute in
total to that person's candidate committee an amount that is more
than $50,000.00 in value for an election cycle.
(7) Sections 5(3) and 52(6) apply to determining when an
election cycle begins and ends and to which election cycle a
particular contribution is attributed.
(8) The candidate committee of a candidate for governor that
does not apply for funds from the state campaign fund and that
accepts from the candidate and the candidate's immediate family
contributions that total for an election cycle more than
$340,000.00 shall notify the secretary of state in writing within
48 hours after receipt of this amount. Within 2 business days after
receipt of this notice, the secretary of state shall send notice to
all candidates who are either seeking the same nomination, in the
case of a primary election, or election to that same office, in the
case of a general election, informing those candidate committees of
all of the following:
(a) That the expenditure limits provided in section 67 are
waived for the remainder of that election for those notified
candidate committees that receive funds from the state campaign
fund under this act.
(b) That the expenditure limits of section 67 are not waived
for the purpose of determining the amount of public funds available
to a candidate under section 64 or 65.
(9) A person who knowingly violates this section is guilty of
a misdemeanor punishable, if the person is an individual, by a fine
of not more than $1,000.00 or imprisonment for not more than 90
days, or both, or, if the person is not an individual, by a fine of
not more than $10,000.00.
(10) The limitation on a political committee's contributions
under subsection (1) does not apply to contributions that are part
of 1 or more bundled contributions delivered to the candidate
committee of a candidate for statewide elective office and that are
attributed to the political committee as prescribed in section 31.
A political committee shall not make contributions to a candidate
committee of a candidate for statewide elective office that are
part of 1 or more bundled contributions delivered to that candidate
committee, that are attributed to the political committee as
prescribed in section 31, and that, in the aggregate for that
election cycle, are more than the amount permitted a person other
than an independent committee or political party committee in
subsection (1).
(11) The limitation on an independent committee's
contributions under subsection (2) does not apply to contributions
that are part of 1 or more bundled contributions delivered to the
candidate committee of a candidate for statewide elective office
and that are attributed to the independent committee as prescribed
in section 31. An independent committee shall not make
contributions to a candidate committee of a candidate for statewide
elective office that are part of 1 or more bundled contributions
delivered to that candidate committee, that are attributed to the
independent committee as prescribed in section 31, and that, in the
aggregate
for that election cycle, are more than 10 5 times the
amount permitted a person other than an independent committee or
political party committee in subsection (1).