October 31, 2013, Introduced by Senator MEEKHOF 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, 46, 52, 52a, and 69 (MCL 169.233, 169.246,
169.252, 169.252a, and 169.269), section 33 as amended by 2012 PA
273, sections 52 and 69 as amended by 2001 PA 250, and section 52a
as added by 1995 PA 264.
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 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.
(c) In a year in which there is no election for the candidate
the committee is supporting or opposing:
(i) Not later than July 25 with a closing date of July 20 of
that year.
(ii) Not later than October 25 with a closing date of October
20 of that year.
(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) Not later than February 15 of each year with a closing
date of February 10 of that 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.
(4) A house political party caucus committee or a senate
political party caucus committee required to file with the
secretary of state or a political party committee for a party
attempting to qualify as a new political party under section 685 of
the Michigan election law, 1954 PA 116, MCL 168.685, 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) 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
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
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.
(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. 46. (1) At the beginning of every odd numbered year, the
secretary of state shall recommend adjustments to and which shall
be
approved by the legislature of the dollar value contribution
limits
provided in this act, together with the dollar value floor
for reporting of the name, address, occupation, and employer, or
principal place of business of persons who make contributions
pursuant
to this chapter act, on the basis of the United States
department
of commerce's consumer price index
and the number of
registered voters in the state.
(2) Beginning January 1, 2019 and every 4 years therafter, the
secretary of state shall adjust the dollar value contribution
limits provided in sections 52, 52a, and 69(1). The secretary of
state shall adjust the limits in sections 52, 52a, and 69(1) by
comparing the percentage increase or decrease in the consumer price
index for the preceding August by the corresponding consumer price
index 4 years earlier. The secretary of state shall multiply that
percentage change by the amounts in sections 52, 52a, and 69(1).
The secretary of state shall round up each dollar value adjustment
made under this subsection to the nearest $25.00. The secretary of
state shall announce the adjustments made under this subsection by
December 15 of each year.
(3) As used in this section, "consumer price index" means the
most comprehensive index of consumer prices available for the
Detroit area from the bureau of labor statistics of the United
States department of labor.
Sec. 52. (1) Except as provided in subsection (5) or (11) and
subject to section 46 and 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 $6,800.00 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 $2,000.00 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 $1,000.00 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 corporation, joint stock
company, domestic dependent sovereign, or labor organization,
including any 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 of the following apply as a result of the
application of this requirement:
(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).
Sec.
52a. (1) A Subject to
section 46, a person shall not make
contributions to a house political party caucus committee or a
senate
political party caucus committee that exceed $20,000.00
$40,000.00 in a calendar year. A house political party caucus
committee or a senate political party caucus committee or a
treasurer or agent of the committee shall not accept a contribution
with respect to a 2-year election cycle that exceeds the limitation
in this section.
(2) 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.
Sec. 69. (1) Except as provided in subsection (6) or (10) and
subject to section 46, a person other than an independent committee
or a political party committee shall not make contributions to a
candidate
committee of a candidate that are more than $3,400.00
$6,800.00 in value for an election cycle.
(2) Except as provided in subsection (11), an independent
committee shall not make contributions to a candidate committee
that
for an election cycle are more than 10 5 times the amount
permitted a person other than an independent committee or political
party committee in subsection (1).
(3) A political party committee that is a state central
committee shall not make contributions to a candidate committee
that for an election cycle are more than $750,000.00.
(4) A political party committee that is a congressional
district or county committee shall not make contributions to a
candidate committee that for an election cycle are more than
$30,000.00.
(5) A candidate committee, a candidate, or a treasurer or
agent shall not accept a contribution with respect to an election
cycle that exceeds a limitation in subsections (1) to (4), or (10).
(6) As used in this subsection, "immediate family" means a
spouse, parent, brother, sister, son, or daughter. A candidate and
members of that candidate's immediate family may not contribute in
total to that person's candidate committee an amount that is more
than $50,000.00 in value for an election cycle.
(7) Sections 5(3) and 52(6) apply to determining when an
election cycle begins and ends and to which election cycle a
particular contribution is attributed.
(8) The candidate committee of a candidate for governor that
does not apply for funds from the state campaign fund and that
accepts from the candidate and the candidate's immediate family
contributions that total for an election cycle more than
$340,000.00 shall notify the secretary of state in writing within
48 hours after receipt of this amount. Within 2 business days after
receipt of this notice, the secretary of state shall send notice to
all candidates who are either seeking the same nomination, in the
case of a primary election, or election to that same office, in the
case of a general election, informing those candidate committees of
all of the following:
(a) That the expenditure limits provided in section 67 are
waived for the remainder of that election for those notified
candidate committees that receive funds from the state campaign
fund under this act.
(b) That the expenditure limits of section 67 are not waived
for the purpose of determining the amount of public funds available
to a candidate under section 64 or 65.
(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) 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).
(11) 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 5 times the
amount permitted a person other than an independent committee or
political party committee in subsection (1).