HOUSE BILL No. 6514 November 7, 2002, Introduced by Rep. Jacobs and referred to the Committee on Redistricting and Elections. A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 52 (MCL 169.252), as amended by 2001 PA 250. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 52. (1) Except as provided in subsection (5) or (11) 2 and subject to subsection (8), a person other than an independent 3 committee or a political party committee shall not make contribu- 4 tions to a candidate committee of a candidate for elective office 5 that, with respect to an election cycle, are more than the 6 following: 7 (a) $3,400.00 for a candidate for state elective office 8 other than the office of state legislator, or for a candidate for 9 local elective office if the district from which he or she is 10 seeking office has a population of more than 250,000. 07665'02 LTB 2 1 (b) $1,000.00 for a candidate for state senator, or for a 2 candidate for local elective office if the district from which he 3 or she is seeking office has a population of more than 85,000 but 4 250,000 or less. 5 (c) $500.00 for a candidate for state representative, or for 6 a candidate for local elective office if the district from which 7 he or she is seeking office has a population of 85,000 or less. 8 (2) Except as otherwise provided in this subsection and sub- 9 section (12), an independent committee shall not make contribu- 10 tions to a candidate committee of a candidate for elective office 11 that, in the aggregate for that election cycle, are more than 10 12 times the amount permitted a person other than an independent 13 committee or political party committee in subsection (1). A 14 house political party caucus committee or a senate political 15 party caucus committee is not limited under this subsection in 16 the amount of contributions made to the candidate committee of a 17 candidate for the office of state legislator, exceptas18follows: (a) ATHAT A house political party caucus committee or 19 a senate political party caucus committee shall not pay a debt 20 incurred by a candidate if that debt was incurred while the can- 21 didate was seeking nomination at a primary election and the can- 22 didate was opposed at that primary. 23(b) A house political party caucus committee or a senate24political party caucus committee shall not make a contribution to25or make an expenditure on behalf of a candidate if that candidate26is seeking nomination at a primary election and the candidate is27opposed at that primary.07665'02 3 1 (3) A political party committee other than a state central 2 committee shall not make contributions to the candidate committee 3 of a candidate for elective office that are more than 10 times 4 the amount permitted a person other than an independent committee 5 or political party committee in subsection (1). 6 (4) A state central committee of a political party shall not 7 make contributions to the candidate committee of a candidate for 8 state elective office other than a candidate for the legislature 9 that are more than 20 times the amount permitted a person other 10 than an independent committee or political party committee in 11 subsection (1). A state central committee of a political party 12 shall not make contributions to the candidate committee of a can- 13 didate for state senator, state representative, or local elective 14 office that are more than 10 times the amount permitted a person 15 other than an independent committee or political party committee 16 in subsection (1). 17 (5) A contribution from a member of a candidate's immediate 18 family to the candidate committee of that candidate is exempt 19 from the limitations of subsection (1). 20 (6) Consistent with the provisions of this section, a con- 21 tribution designated in writing for a particular election cycle 22 is considered made for that election cycle. A contribution made 23 after the close of a particular election cycle and designated in 24 writing for that election cycle shall be made only to the extent 25 that the contribution does not exceed the candidate committee's 26 net outstanding debts and obligations from the election cycle so 27 designated. If a contribution is not designated in writing for a 07665'02 4 1 particular election cycle, the contribution is considered made 2 for the election cycle that corresponds to the date of the writ- 3 ten instrument. 4 (7) A candidate committee, a candidate, or a treasurer or 5 agent of a candidate committee shall not accept a contribution 6 with respect to an election cycle that exceeds the limitations in 7 subsection (1), (2), (3), (4), (11), or (12). 8 (8) The contribution limits in subsection (1) for a candi- 9 date for local elective office are effective on the effective 10 date of the amendatory act that provides for those contribution 11 limits, however, only contributions received by that candidate on 12 and after that date shall be used to determine if the contribu- 13 tion limit has been reached. 14 (9) A person who knowingly violates this section is guilty 15 of a misdemeanor punishable, if the person is an individual, by a 16 fine of not more than $1,000.00 or imprisonment for not more than 17 90 days, or both, or, if the person is not an individual, by a 18 fine of not more than $10,000.00. 19 (10) For purposes of the limitations provided in 20 subsections (1) and (2), all contributions made by political com- 21 mittees or independent committees established by any corporation, 22 joint stock company, domestic dependent sovereign, or labor 23 organization, including any parent, subsidiary, branch, division, 24 department, or local unit thereof, shall be considered to have 25 been made by a single independent committee. By way of illustra- 26 tion and not limitation, all of the following apply as a result 27 of the application of this requirement: 07665'02 5 1 (a) All of the political committees and independent 2 committees established by a for profit corporation or joint stock 3 company, by a subsidiary of the for profit corporation or joint 4 stock company, or by any combination thereof, are treated as a 5 single independent committee. 6 (b) All of the political committees and independent commit- 7 tees established by a single national or international labor 8 organization, by a labor organization of that national or inter- 9 national labor organization, by a local labor organization of 10 that national or international labor organization, or by any 11 other subordinate organization of that national or international 12 labor organization, or by any combination thereof, are treated as 13 a single independent committee. 14 (c) All of the political committees and independent commit- 15 tees established by an organization of national or international 16 unions, by a state central body of that organization, by a local 17 central body of that organization, or by any combination thereof, 18 are treated as a single independent committee. 19 (d) All of the political committees and independent commit- 20 tees established by a nonprofit corporation, by a related state 21 entity of that nonprofit corporation, by a related local entity 22 of that nonprofit corporation, or by any combination thereof, are 23 treated as a single independent committee. 24 (11) The limitation on a political committee's contributions 25 under subsection (1) does not apply to contributions that are 26 part of 1 or more bundled contributions delivered to the 27 candidate committee of a candidate for statewide elective office 07665'02 6 1 and that are attributed to the political committee as prescribed 2 in section 31. A political committee shall not make contribu- 3 tions to a candidate committee of a candidate for statewide elec- 4 tive office that are part of 1 or more bundled contributions 5 delivered to that candidate committee, that are attributed to the 6 political committee as prescribed in section 31, and that, in the 7 aggregate for that election cycle, are more than the amount per- 8 mitted a person other than an independent committee or political 9 party committee in subsection (1). 10 (12) The limitation on an independent committee's contribu- 11 tions under subsection (2) does not apply to contributions that 12 are part of 1 or more bundled contributions delivered to the can- 13 didate committee of a candidate for statewide elective office and 14 that are attributed to the independent committee as prescribed in 15 section 31. An independent committee shall not make contribu- 16 tions to a candidate committee of a candidate for statewide elec- 17 tive office that are part of 1 or more bundled contributions 18 delivered to that candidate committee, that are attributed to the 19 independent committee as prescribed in section 31, and that, in 20 the aggregate for that election cycle, are more than 10 times the 21 amount permitted a person other than an independent committee or 22 political party committee in subsection (1). 07665'02 Final page. LTB