January 24, 2006, Introduced by Reps. Bieda and Condino and referred to the Committee on House Oversight, Elections, and Ethics.
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:
Sec. 52. (1) Except as provided in subsection (5) or (11) and
subject to 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) $3,400.00 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) $1,000.00 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) $500.00 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 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, the contribution is considered made for
the election cycle that corresponds to the date of the written
instrument.
(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 a
corporation, joint
stock company, domestic dependent sovereign, or labor organization,
including any
a 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 All of the following apply as a result of
the
application
of this requirement are
examples of the effect of this
subsection:
(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 times the
amount permitted a person other than an independent committee or
political party committee in subsection (1).