SB-0750, As Passed Senate, February 14, 2012

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 750

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1976 PA 388, entitled

 

"Michigan campaign finance act,"

 

by amending sections 33 and 35 (MCL 169.233 and 169.235), section

 

33 as amended by 1999 PA 238 and section 35 as amended by 2000 PA

 

75.

 

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 that 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.

 

     (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.

 

     (iii) Not later than October 25 with a closing date of October

 

20.

 

     (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.

 

     (iii) Not later than October 25 with a closing date of October

 

20.

 

     (a) Campaign statements not later than the following dates

 

every year:

 

     (i) February 15 with a closing date of February 10 of that

 

year.

 

     (ii) April 25 with a closing date of April 20 of that year.

 

     (iii) July 25 with a closing date of July 20 of that year.

 

     (b) In every odd numbered year, a campaign statement 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

 


Senate Bill No. 750 as amended February 14, 2012

 

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 candidate, 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.

<<(11) If a candidate, treasurer, or other individual designated as responsible for a committee's record keeping, report preparation, or report filing knowingly omits or underreports individual contributions or individual expenditures required to be disclosed by this act, that individual is subject to a civil fine of not more than $1,000.00 or the amount of the contributions and expenditures omitted or underreported, whichever is greater.>>


Senate Bill No. 750 as amended February 14, 2012

 

     <<(12)>> If a candidate committee's account has a balance of

 

$20,000.00 or more and a candidate, treasurer, or other individual

 

designated as responsible for that committee's record keeping,

 

report preparation, or report filing fails to file campaign

 

statements required under this act for 2 consecutive years, that

 

candidate, treasurer, or other individual is guilty of a felony

 

punishable by imprisonment for not more than 3 years or a fine of

 

not more than $5,000.00, or both. Any money in a candidate

 

committee account described in this subsection is subject to

 

seizure by, and forfeiture to, this state as provided in this

 

section.

 

     <<(13)>> Not more than 5 business days after seizure of money

 

under subsection <<(12)>>, the secretary of state shall deliver

 

personally or by registered mail to the last known address of the

 

candidate from whom the seizure was made an inventory statement of

 

the money seized. The inventory statement shall also contain notice

 

to the effect that unless demand for hearing as provided in this

 

section is made within 10 business days, the money is forfeited to

 

this state. Within 10 business days after the date of service of

 

the notice, the candidate may by registered mail, facsimile

 

transmission, or personal service file with the secretary of state

 

a demand for a hearing before the secretary of state or a person

 

designated by the secretary of state for a determination as to

 

whether the money was lawfully subject to seizure and forfeiture.

 

The candidate is entitled to appear before the secretary of state

 

or a person designated by the secretary of state, to be represented

 

by counsel, and to present testimony and argument. Upon receipt of

 


a request for hearing, the secretary of state or a person

 

designated by the secretary of state shall hold the hearing within

 

15 business days. The hearing is not a contested case proceeding

 

and is not subject to the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328. After the hearing, the secretary

 

of state or a person designated by the secretary of state shall

 

render a decision in writing within 10 business days of the hearing

 

and, by order, shall either declare the money subject to seizure

 

and forfeiture or declare the money returnable to the candidate.

 

If, within 10 business days after the date of service of the

 

inventory statement, the candidate does not file with the secretary

 

of state a demand for a hearing before the secretary of state or a

 

person designated by the secretary of state, the money seized is

 

forfeited to this state by operation of law. If, after a hearing

 

before the secretary of state or a person designated by the

 

secretary of state, the secretary of state or a person designated

 

by the secretary of state determines that the money is lawfully

 

subject to seizure and forfeiture and the candidate does not appeal

 

to the circuit court of the county in which the seizure was made

 

within the time prescribed in this section, the money seized is

 

forfeited to this state by operation of law. If a candidate is

 

aggrieved by the decision of the secretary of state or a person

 

designated by the secretary of state, that candidate may appeal to

 

the circuit court of the county where the seizure was made to

 

obtain a judicial determination of the lawfulness of the seizure

 

and forfeiture. The action shall be commenced within 20 days after

 

notice of a determination by the secretary of state or a person

 


designated by the secretary of state is sent to the candidate. The

 

court shall hear the action and determine the issues of fact and

 

law involved in accordance with rules of practice and procedure as

 

in other in rem proceedings.

 

     Sec. 35. (1) In addition to any other requirements of this act

 

for filing a campaign statement, a committee, other than an

 

independent committee or a political committee required to file

 

with the secretary of state, shall also file a campaign statement

 

not later than January 31 of each year. The campaign statement

 

shall have a closing date of December 31 of the previous year. The

 

period covered by the campaign statement filed pursuant to under

 

this subsection begins the day after the closing date of the

 

previous campaign statement. A campaign statement filed pursuant to

 

under this subsection shall be waived if a postelection campaign

 

statement has been filed that has a filing deadline within 30 days

 

of the closing date of the campaign statement required by this

 

subsection.

 

     (2) Subsection (1) does not apply to a candidate committee for

 

an officeholder who is a judge or a supreme court justice, or who

 

holds an elective office for which the salary is less than $100.00

 

a month and who does not receive any contribution or make any

 

expenditure during the time that would be otherwise covered in the

 

statement.

 

     (3) A committee, candidate, treasurer, or other individual

 

designated as responsible for the record keeping, report

 

preparation, or report filing for a candidate committee of a

 

candidate for state elective office or a judicial office who fails

 


to file a campaign statement under this section shall be assessed 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 campaign 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

 

be $50.00 for each business day the campaign statement remains

 

unfiled, but not to exceed $1,000.00. The late filing fee assessed

 

under this subsection shall be paid by the candidate, and the

 

candidate shall not use committee funds to pay that fee. A

 

committee, treasurer, or other individual designated as responsible

 

for the record keeping, report preparation, or report filing for a

 

committee other than a candidate committee of a candidate for state

 

elective office or a judicial office who fails to file a campaign

 

statement under this section shall pay a late filing fee of $25.00

 

for each business day the campaign statement remains not filed in

 

violation of this section. The late filing fee shall not exceed

 

$500.00.

 

     (4) A committee filing a written statement pursuant to under

 

section 24(5) or (6) need not file a statement in accordance with

 

subsection (1). If a committee receives or expends more than

 

$1,000.00 during a time period prescribed by section 24(5) or (6),

 

the committee is then subject to the campaign filing requirements

 

under this act and shall file a campaign statement for the period

 

beginning the day after the closing date of the last postelection

 

campaign statement or an annual campaign statement that is waived

 

pursuant to under subsection (1), whichever occurred earlier.

 


     (5) If a candidate, treasurer, or other individual designated

 

as responsible for the record keeping, report preparation, or

 

report filing fails to file 2 statements required by this section

 

or section 33 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.

 

     (6) If a candidate, treasurer, or other individual designated

 

as responsible for the record keeping, report preparation, or

 

report filing for a committee required to file a campaign statement

 

under subsection (1) 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.