Bill Text: MI SB1199 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Campaign finance: public disclosure; disclosure of payments for social media posts; require, and require certain information be included in social media posts. Amends secs. 12 & 43 of 1976 PA 388 (MCL 169.212 & 169.243) & adds sec. 59a.
Sponsorship: Partisan Bill (Democrat 6)
Status: (Introduced) 2026-10-06 - Senate Co-sponsor(s) Named: Sue Shink [SB1199 Detail]
Download: Michigan-2025-SB1199-Introduced.html
SENATE BILL NO. 1199
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending sections 12 and 43 (MCL 169.212 and 169.243), section 12 as amended by 2019 PA 93, and by adding section 59a.
the people of the state of michigan enact:
Sec. 12. (1) "Qualifying contribution" means a contribution of money made by a written instrument, credit card, or debit card by an individual to the candidate committee of a candidate for the office of governor that is $100.00 or less and made after April 1 of the year preceding a year in which a governor is to be elected. Not more than $100.00 of an individual's total aggregate contribution may be used as a qualifying contribution in a calendar year. Qualifying contribution does not include a subscription, loan, advance, deposit of money, in-kind contribution or expenditure, or anything else of value except as prescribed in this act. Qualifying contribution does not include a contribution by an individual who resides outside of this state. For purposes of this subsection, an individual is considered to reside in this state if he or she the individual is considered a resident of this state under the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.
(2) "Senate political party caucus committee" means an independent committee established by a political party caucus of the state senate under section 24a.
(3) "Social media" means an electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content.
(4) "Social media post" means a communication posted on social media, including, but not limited to, a video, graphic, or audio communication, that supports or opposes a candidate or ballot question and was paid for by a committee directly or through an agent or independent contractor.
(5) (3) "State elective office" means a statewide elective office or the office of state legislator.
(6) (4) "Statewide elective office" means the office of governor, lieutenant governor, secretary of state, or attorney general, justice of the supreme court, member of the state board of education, regent of the University of Michigan, member of the board of trustees of Michigan State University, or member of the board of governors of Wayne State University.
Sec. 43. (1) An expenditure shall must not be made, other than for overhead or normal operating expenses, by an agent or an independent contractor, including an advertising agency, on behalf of or for the benefit of a person unless the expenditure is reported by the committee as if the expenditure were made directly by the committee, or unless the agent or independent contractor files a report of an independent expenditure as provided in section 51. The agent or independent contractor shall make known to the committee all information required to be reported by the committee. A person who knowingly is in violation of violates this subsection is guilty of a misdemeanor and shall be punished punishable by a fine of not more than $1,000.00, or imprisoned imprisonment for not more than 90 days, a fine of not more than $1,000.00, or both, and or if the person is other than not an individual, the person shall must be fined not more than $10,000.00.
(2) If a committee makes an expenditure to an agent or independent contractor and the agent or independent contractor pays another person to support or oppose a candidate or ballot question on social media or through a social media post, the agent or independent contractor shall make known to the committee the full name and street address of the person. The committee shall file an amended campaign statement that provides the full name and street address of each person that was paid under this subsection, as required of expenditures under section 26 or 29.
Sec. 59a. (1) If a person, committee, or other entity creates, originally publishes, or originally distributes a social media post, the social media post must include, in a clear and conspicuous manner, a statement that meets all of the following requirements, as applicable:
(a) State the name and address of the committee, agent, and independent contractor, as applicable, funding the social media post.
(b) If the social media post is a graphic communication, appear in letters at least as large as the majority of the text in the graphic communication and be in the same language as the language used in the graphic communication.
(c) If the social media post is an audio communication, be spoken in a clearly audible and intelligible manner at the beginning or end of the communication, last at least 3 seconds, and be in the same language as the language used in the audio communication.
(d) If the social media post is a video communication that also includes audio, do all of the following:
(i) Appear for at least 4 seconds in letters at least as large as the majority of any text communication, or if there is no other text communication, in a size that is easily readable by the average viewer.
(ii) Be spoken in a clearly audible and intelligible manner at the beginning or end of the communication and last at least 3 seconds.
(iii) Be in the same language as the language used in the video communication.
(2) A disclaimer that states, or is substantially similar to, the following statement satisfies the requirement under subsection (1): "The author was paid by [name and address of committee, agent, or independent contractor, as applicable] in connection with this posting.".
(3) If a committee pays a person to post a social media post, the committee shall notify the person of the disclaimer requirement under this section.
(4) A person that violates subsection (1) is subject to the following:
(a) For a first violation, the person is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $250.00.
(b) For a second or subsequent violation, the person is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $1,000.00 for each violation.
(5) Each social media post that is distributed or aired to the public that violates this section is a separate violation under subsection (4).
(6) This section does not apply to any of the following:
(a) A distribution platform, including, but not limited to, a website or a regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication, that routinely carries news and commentary of general interest and that publishes social media posts, if the distribution platform has a clearly stated written policy, provided to any person, committee, or other entity that creates, seeks to publish, or originally distributes a social media post, that the social media post must include a statement consistent with subsection (1).
(b) A social media post that constitutes satire or parody.
(7) A distribution platform, as described in subsection (6)(a), is not liable for a lack of disclosure on a social media post if the distribution platform can show that the distribution platform provided notice of its prohibitions related to disclosure on social media posts.
