HOUSE BILL NO. 5152
October 24, 2019, Introduced by Reps. Steven
Johnson, LaGrand, Hornberger and Bellino and referred to the Committee on
Elections and Ethics.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending section 26 (MCL 169.226), as amended by 2017 PA 119.
the people of the state of michigan enact:
Sec. 26. (1) A campaign statement of a committee,
other than a political party committee, required by this act must contain all
of the following information:
(a) The filing
committee's name, address, and telephone number, and the full name, residential
and business addresses, electronic mail address, and telephone numbers of the
committee treasurer or other individual designated as responsible for the
committee's record keeping, report preparation, or report filing.
(b) Under the heading
"receipts", the total amount of contributions received during the
period covered by the campaign statement; under the heading
"expenditures", the total amount of expenditures made during the
period covered by the campaign statement; and the cumulative amount of those
totals. Forgiveness of a loan must not be included in the totals. Payment of a loan
by a third party must be recorded and reported as an in-kind contribution by
the third party. In-kind contributions or expenditures must be listed at fair
market value and reported as both contributions and expenditures. A
contribution or expenditure that is by other than completed and accepted
payment, gift, or other transfer, that is clearly not legally enforceable, and
that is expressly withdrawn or rejected and returned before a campaign
statement closing date need not be included in the campaign statement and if
included may, in a later or amended statement, be shown as a deduction, but the
committee shall keep adequate records of each instance.
(c) The balance of cash
on hand at the beginning and the end of the period covered by the campaign
statement.
(d) The following
information regarding each fund-raising event must be included in the report:
(i) The type of event, date held, and address and name, if any, of the place
where the activity was held. , and approximate number of
individuals participating or in attendance.
(ii) The total amount
of all contributions.
(iii) The gross
receipts of the fund-raising event.
(iv) The expenditures
incident to the event.
(e) The full name of each individual from whom contributions
are received during the period covered by the campaign statement, together with
the individual's street address, the amount contributed, the date on which each
contribution was received, and the cumulative amount contributed by that
individual. The occupation, employer, and principal place of business must be
stated if the individual's cumulative contributions are more than $100.00. For
contributions of $5.00 or less by an individual to a political committee or
independent committee, the secretary of state shall accept for filing any
written communication from the political committee or independent committee
that contains the information otherwise required under this subsection. Any
written communication under this subdivision does not need to contain an
original signature.
(f) The cumulative amount contributed and the name and
address of each individual, except those individuals reported under subdivision
(e), who contributed to the committee. The occupation, employer, and principal
place of business must be stated for each individual who contributed more than
$100.00.
(g) The name and street address of each person, other than an
individual, from whom contributions are received during the period covered by
the campaign statement, together with an itemization of the amounts
contributed, the date on which each contribution was received, and the
cumulative amount contributed by that person.
(h) The name, address, and amount given by an individual who
contributed to the total amount contributed by a person who is other than a
committee or an individual. The occupation, employer, and principal place of
business must be stated if the individual contributed more than $100.00 of the
total amount contributed by a person who is other than a committee or an
individual.
(i) The cumulative total of expenditures and other
disbursements totaling $50.00 or less to any person made during the period
covered by the campaign statement except for expenditures made to or on behalf
of another committee, candidate, or ballot question.
(j) The full name and street address of each person to whom
expenditures or other disbursements totaling more than $50.00 were made,
together with the amount of each separate expenditure or disbursement to each
person during the period covered by the campaign statement; the purpose of the
expenditure or disbursement; the full name and street address of the person
providing the consideration for which any expenditure or disbursement was made
if different from the payee; the itemization regardless of amount of each
expenditure made to or on behalf of another committee, candidate, or ballot
question; and the cumulative amount of expenditures for or against that
candidate or ballot question for an election cycle. An expenditure made in
support of more than 1 candidate or ballot question, or both, must be
apportioned reasonably among the candidates or ballot questions, or both.
(2) A candidate committee or ballot question committee shall
report all cumulative amounts required by this section on a per election cycle
basis. Except as provided in subsection (1)(j), an independent committee,
independent expenditure committee, or political committee shall report all
cumulative amounts required by this section on a calendar year basis.
(3) A campaign statement of a committee, in addition to the
other information required by this section, must include an itemized list of
all expenditures during the reporting period for election day busing of
electors to the polls, get-out-the-vote activities, slate cards, challengers,
poll watchers, and poll workers.
(4) For a reporting period in which a contribution is
received that is to be part of a bundled contribution or a reporting period in
which a bundled contribution is delivered to the candidate committee of a
candidate for statewide elective office, a bundling committee shall report to
the secretary of state, on a form provided by the secretary of state, all of
the following information, as applicable, about each contribution received or
delivered as part of a bundled contribution, and about each bundled
contribution delivered, in the reporting period:
(a) The amount of each contribution, the date it was received
by the bundling committee, and the candidate for statewide elective office whom
the contributor designated as the intended recipient.
(b) Each contributor's name and address and, for each
contribution exceeding $100.00, the contributor's occupation, employer, and
principal place of business.
(c) The date each contribution is delivered to the
candidate's statewide elective office candidate committee.
(d) The total amount of bundled contributions delivered to
that candidate committee during the reporting period and during the election
cycle.
(5) With its delivery of a bundled contribution to the
candidate committee of a candidate for statewide elective office, a bundling
committee shall deliver a report to that candidate committee, on a form
provided by the secretary of state, that includes all of the following
information, as applicable, about each contribution delivered as part of the
bundled contribution, and about all bundled contributions delivered to that
candidate committee in the election cycle:
(a) The amount of each contribution, the date it was received
by the bundling committee, and the statewide elective office candidate the
contributor designated as the intended recipient.
(b) Each contributor's name and address and, for each
contribution exceeding $100.00, the contributor's occupation, employer, and
principal place of business.
(c) The total amount of bundled contributions delivered to
that candidate committee during the reporting period and during the election
cycle.
(6) For a reporting period in which a bundled contribution is
received, a candidate committee of a candidate for statewide elective office
shall report to the secretary of state, on a form provided by the secretary of
state, all of the following information, as applicable, about each contribution
delivered as part of a bundled contribution received in the reporting period
and about all bundled contributions received by that candidate committee:
(a) The amount of each contribution, the date it was received
by the candidate committee, and the name of the bundling committee that
delivered the contribution.
(b) Each contributor's name and address and, for each
contribution exceeding $100.00, the contributor's occupation, employer, and
principal place of business.
(c) The total amount of bundled contributions received by
that candidate committee during the reporting period and during the election
cycle.