October 12, 2011, Introduced by Senators ROBERTSON, GREEN and ROCCA and referred to the Committee on Local Government and Elections.
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 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 of
that year.
(iii) Not later than October 25 with a closing date of October
20 of that year.
(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 of
that year.
(iii) 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 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
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
guilty of a misdemeanor punishable by a fine of not more than
$1,000.00 or the amount of the undisclosed contribution or
expenditure, whichever is greater, or imprisonment for not more
than 90 days, or both.
(11) 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, following a general
election, to file the postelection campaign statement and the next
annual campaign statement required under section 35(1), 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.
(12) Not more than 5 business days after seizure of money
under subsection (11), the department of treasury 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
the 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 state treasurer a
demand for a hearing before the state treasurer or a person
designated by the state treasurer for a determination as to whether
the money was lawfully subject to seizure and forfeiture. The
candidate is entitled to appear before the department of treasury
or a person designated by the state treasurer, to be represented by
counsel, and to present testimony and argument. Upon receipt of a
request for hearing, the department of treasury or a person
designated by the state treasurer 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 department of
treasury or a person designated by the state treasurer shall render
its 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 state treasurer a
demand for a hearing before the department of treasury or a person
designated by the state treasurer, the money seized is forfeited to
the state by operation of law. If, after a hearing before the state
treasurer or a person designated by the state treasurer, the
department of treasury or a person designated by the state
treasurer 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 the
state by operation of law. If a candidate is aggrieved by the
decision of the department of treasury or a person designated by
the state treasurer, 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 department of treasury or a person designated
by the state treasurer 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 guilty of a
misdemeanor punishable by a fine of not more than $1,000.00 or the
amount of the undisclosed contribution or expenditure, whichever is
greater, or imprisonment for not more than 90 days, or both.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 753
of the 96th Legislature is enacted into law.