SB-1250, As Passed Senate, December 6, 2018

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 1250

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1976 PA 388, entitled

 

"Michigan campaign finance act,"

 

by amending the title and sections 3, 15, 16, 17, 18, 18a, 21, 22,

 

24, 26, 30, 33, 36, 46, 51, 55, 57, 63, 64, 65, and 69 (MCL

 

169.203, 169.215, 169.216, 169.217, 169.218, 169.218a, 169.221,

 

169.222, 169.224, 169.226, 169.230, 169.233, 169.236, 169.246,

 

169.251, 169.255, 169.257, 169.263, 169.264, 169.265, and 169.269),

 

the title as amended by 1994 PA 385, sections 3, 17, 24, 26, 33,

 

51, and 55 as amended by 2017 PA 119, sections 15, 21, and 57 as

 

amended by 2015 PA 269, section 16 as amended by 2017 PA 184,

 

section 18 as amended by 2013 PA 258, section 18a as added by 2013

 

PA 259, section 22 as amended by 1999 PA 237, section 30 as added

 

by 1997 PA 71, section 36 as amended by 2012 PA 277, sections 46

 

and 69 as amended by 2013 PA 252, and sections 64 and 65 as amended

 


by 1993 PA 262, and by adding section 15a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to regulate political activity; to regulate campaign

 

financing; to restrict campaign contributions and expenditures; to

 

require campaign statements and reports; to regulate anonymous

 

contributions; to regulate campaign advertising and literature; to

 

provide for segregated funds for political purposes; to provide for

 

the use of public funds for political purposes; to create certain

 

funds; to provide for reversion, retention, or refunding of

 

unexpended balances in certain funds; to require other statements

 

and reports; to regulate acceptance of certain gifts, payments, and

 

reimbursements; to create the fair political practices commission;

 

to prescribe the powers and duties of the fair political practices

 

commission; to prescribe the powers and duties of certain state

 

departments and state and local officials and employees; to provide

 

appropriations; to prescribe penalties and provide remedies; and to

 

repeal certain acts and parts of acts.

 

     Sec. 3. (1) "Candidate" means an individual who meets 1 or

 

more of the following criteria:

 

     (a) Files a fee, an affidavit of incumbency, or a nominating

 

petition for an elective office.

 

     (b) Is nominated as a candidate for elective office by a

 

political party caucus or convention and whose nomination is

 

certified to the appropriate filing official.

 

     (c) Receives a contribution, makes an expenditure, or gives

 

consent for another person to receive a contribution or make an

 


expenditure with a view to bringing about the individual's

 

nomination or election to an elective office, whether or not the

 

specific elective office for which the individual will seek

 

nomination or election is known at the time the contribution is

 

received or the expenditure is made.

 

     (d) Is an officeholder who is the subject of a recall vote.

 

     (e) Holds an elective office, unless the officeholder is

 

constitutionally or legally barred from seeking reelection or fails

 

to file for reelection to that office by the applicable filing

 

deadline. An individual described in this subdivision is considered

 

to be a candidate for reelection to that same office for the

 

purposes of this act only.

 

     For purposes of sections 61 to 71, "candidate" only means, in

 

a primary election, a candidate for the office of governor and, in

 

a general election, a candidate for the office of governor or

 

lieutenant governor. However, the candidates for the office of

 

governor and lieutenant governor of the same political party in a

 

general election are considered as 1 candidate.

 

     (2) "Candidate committee" means the committee designated in a

 

candidate's filed statement of organization as that individual's

 

candidate committee. A candidate committee must be under the

 

control and direction of the candidate named in the same statement

 

of organization. Notwithstanding subsection (4), (5), an individual

 

shall form a candidate committee under section 21 if the individual

 

becomes a candidate under subsection (1).

 

     (3) "Closing date" means the date through which a campaign

 

statement is required to be complete.


     (4) "Commission" means the fair political practices commission

 

created in section 15a.

 

     (5) (4) "Committee" means a person that receives contributions

 

or makes expenditures for the purpose of influencing or attempting

 

to influence the action of the voters for or against the nomination

 

or election of a candidate, the qualification, passage, or defeat

 

of a ballot question, or the qualification of a new political

 

party, if contributions received total $500.00 or more in a

 

calendar year or expenditures made total $500.00 or more in a

 

calendar year. Except as restricted or prohibited by this act or

 

other state or federal law, a committee may also make other lawful

 

disbursements. An individual, other than a candidate, does not

 

constitute a committee. A person, other than a committee registered

 

under this act, making an expenditure to a ballot question

 

committee or an independent expenditure committee, shall not, for

 

that reason, be considered a committee or be required to file a

 

report for the purposes of this act unless the person solicits or

 

receives contributions for the purpose of making an expenditure to

 

that ballot question committee or independent expenditure

 

committee.

 

     Sec. 15. (1) The secretary of state commission shall do all of

 

the following:

 

     (a) Make available through his or her the commission offices,

 

and furnish to county clerks, appropriate forms, instructions, and

 

manuals required by this act.

 

     (b) Develop a filing, coding, and cross-indexing system for

 

the filing of required reports and statements consistent with this


act, and supervise the implementation of the filing systems by the

 

clerks of the counties.

 

     (c) Receive all statements and reports required by this act to

 

be filed with the secretary of state.commission.

 

     (d) Prepare forms, instructions, and manuals required under

 

this act.

 

     (e) Promulgate rules and issue declaratory rulings to

 

implement this act in accordance with the administrative procedures

 

act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     (f) Upon receipt of a written request and the required filing,

 

waive payment of a late filing fee if the request for the waiver is

 

based on good cause and accompanied by adequate documentation. One

 

or more of the following reasons constitute good cause for a late

 

filing fee waiver:

 

     (i) The incapacitating physical illness, hospitalization,

 

accident involvement, death, or incapacitation for medical reasons

 

of a person an individual required to file, a person an individual

 

whose participation is essential to the preparation of the

 

statement or report, or a member of the immediate family of these

 

persons.individuals.

 

     (ii) Other unique, unintentional factors beyond the filer's

 

control not stemming from a negligent act or nonaction so that a

 

reasonably prudent person individual would excuse the filing on a

 

temporary basis. These factors include the loss or unavailability

 

of records due to a fire, flood, theft, or similar reason and

 

difficulties related to the transmission of the filing to the

 

filing official, such as exceptionally bad weather or strikes


involving transportation systems.

 

     (2) A The commission shall only issue a declaratory ruling

 

shall be issued under this section only if the person requesting

 

the ruling has provided a reasonably complete statement of facts

 

necessary for the ruling or if the person requesting the ruling

 

has, with the permission of the secretary of state, commission,

 

supplied supplemental facts necessary for the ruling. A The

 

commission shall make a request for a declaratory ruling that is

 

submitted to the secretary of state shall be made commission

 

available for public inspection within 48 hours after its receipt.

 

the commission receives the request. An interested person may

 

submit written comments regarding the request to the secretary of

 

state commission within 10 business days after the date the request

 

is made available to the public. Within 45 business days after

 

receiving a declaratory ruling request, the secretary of state

 

commission shall make a proposed response available to the public.

 

An interested person may submit written comments regarding the

 

proposed response to the secretary of state commission within 5

 

business days after the date the proposal is made available to the

 

public. Except as otherwise provided in this section, the secretary

 

of state commission shall issue a declaratory ruling within 60

 

business days after a request for a declaratory ruling is received.

 

If the secretary of state commission refuses to issue a declaratory

 

ruling, the secretary of state commission shall notify the person

 

making the request of the reasons for the refusal and shall issue

 

an interpretative statement providing an informational response to

 

the question presented within the same time limitation applicable


to a declaratory ruling. A declaratory ruling or interpretative

 

statement issued under this section shall must not state a general

 

rule of law, other than that which is stated in this act, until the

 

general rule of law is promulgated by the secretary of state

 

commission as a rule under the administrative procedures act of

 

1969, 1969 PA 306, MCL 24.201 to 24.328, or under judicial order.

 

     (3) Under extenuating circumstances, the secretary of state

 

commission may issue a notice extending for not more than 30

 

business days the period during which the secretary of state

 

commission shall respond to a request for a declaratory ruling. The

 

secretary of state commission shall not issue more than 1 notice of

 

extension for a particular request. A person requesting a

 

declaratory ruling may waive, in writing, the time limitations

 

provided by this section.

 

     (4) The secretary of state commission shall make available to

 

the public an annual summary of the declaratory rulings and

 

interpretative statements issued by the secretary of

 

state.commission.

 

     (5) A person may file with the secretary of state commission a

 

complaint that alleges a violation of this act. Within 5 business

 

days after a complaint that meets the requirements of subsection

 

(6) is filed, the secretary of state commission shall give notice

 

to the person against whom the complaint is filed. The notice shall

 

must include a copy of the complaint. Within 15 business days after

 

this notice is mailed, the person against whom the complaint was

 

filed may submit a response to the secretary of state. commission.

 

The secretary of state commission may extend the period for


submitting a response an additional 15 business days for good

 

cause. The secretary of state commission shall provide a copy of a

 

response received to the complainant. Within 10 business days after

 

the response is mailed, the complainant may submit a rebuttal

 

statement to the secretary of state. commission. The secretary of

 

state commission may extend the period for submitting a rebuttal

 

statement an additional 10 business days for good cause. The

 

secretary of state commission shall provide a copy of the rebuttal

 

statement to the person against whom the complaint was filed.

 

     (6) A complaint filed under subsection (5) shall must satisfy

 

all of the following requirements:

 

     (a) Be signed by the complainant.

 

     (b) State the name, address, and telephone number of the

 

complainant.

 

     (c) Include the complainant's certification that, to the best

 

of the complainant's knowledge, information, and belief, formed

 

after a reasonable inquiry under the circumstances, each factual

 

contention of the complaint is supported by evidence. However, if,

 

after a reasonable inquiry under the circumstances, the complainant

 

is unable to certify that certain factual contentions are supported

 

by evidence, the complainant may certify that, to the best of his

 

or her knowledge, information, or belief, there are grounds to

 

conclude that those specifically identified factual contentions are

 

likely to be supported by evidence after a reasonable opportunity

 

for further inquiry.

 

     (7) The secretary of state commission shall develop a form

 

that satisfies the requirements of subsection (6) and may be used


for the filing of complaints.

 

     (8) A person who files a complaint with a false certificate

 

under subsection (6)(c) is responsible for a civil violation of

 

this act. A person may file a complaint under subsection (5)

 

alleging that another person has filed a complaint with a false

 

certificate under subsection (6)(c).

 

     (9) The secretary of state commission shall investigate the

 

allegations under the rules promulgated under this act. If the

 

violation involves a member of the secretary of state, commission,

 

the immediate family of a member of the secretary of state,

 

commission, or a campaign or committee with which a member of the

 

secretary of state commission is connected, directly or indirectly,

 

the secretary of state commission shall refer the matter to the

 

attorney general to determine whether a violation of this act has

 

occurred.

 

     (10) No later than 45 business days after receipt of a

 

rebuttal statement submitted under subsection (5), or if no

 

response or rebuttal is received under subsection (5), the

 

secretary of state commission shall post on the secretary of

 

state's Internet commission's internet website whether or not there

 

may be reason to believe that a violation of this act has occurred.

 

When the secretary of state commission determines whether there may

 

be reason to believe that a violation of this act occurred or did

 

not occur or determines to terminate its proceedings, the secretary

 

of state commission shall, within 30 days of that determination,

 

post on the secretary of state's Internet commission's internet

 

website any complaint, response, or rebuttal statement received


under subsection (5) regarding that violation or alleged violation

 

and any correspondence that is dispositive of that violation or

 

alleged violation between the secretary of state commission and the

 

complainant or the person against whom the complaint was filed. If

 

the secretary of state commission determines that there may be

 

reason to believe that a violation of this act occurred, the

 

secretary of state commission shall endeavor to correct the

 

violation or prevent a further violation by using informal methods

 

such as a conference, conciliation, or persuasion, and may enter

 

into a conciliation agreement with the person involved. Unless

 

violated, a conciliation agreement is a complete bar to any further

 

civil or criminal action with respect to matters covered in the

 

conciliation agreement. The secretary of state commission shall,

 

within 30 days after a conciliation agreement is signed, post that

 

agreement on the secretary of state's Internet commission's

 

internet website. If, after 90 business days, the secretary of

 

state commission is unable to correct or prevent further violation

 

by these informal methods, the secretary of state commission shall

 

do either of the following:

 

     (a) Refer the matter to the attorney general for the

 

enforcement of any criminal penalty provided by this act.

 

     (b) Commence a hearing as provided in subsection (11) for

 

enforcement of any civil violation.

 

     (11) The secretary of state commission may commence a hearing

 

to determine whether a civil violation of this act has occurred.

 

The hearing shall must be conducted in accordance with the

 

procedures set forth in chapter 4 of the administrative procedures


act of 1969, 1969 PA 306, MCL 24.271 to 24.287. 24.288. If after a

 

hearing the secretary of state commission determines that a

 

violation of this act has occurred, the secretary of state

 

commission may issue an order requiring the person to pay a civil

 

fine not more than triple the amount of the improper contribution

 

or expenditure plus not more than $1,000.00 for each violation.

 

     (12) A final decision and order issued by the secretary of

 

state commission is subject to judicial review as provided by

 

chapter 6 of the administrative procedures act of 1969, 1969 PA

 

306, MCL 24.301 to 24.306. The secretary of state commission shall

 

deposit a civil fine imposed under this section in the general

 

fund. The secretary of state commission may bring an action in

 

circuit court to recover the amount of a civil fine.

 

     (13) When a report or statement is filed under this act, the

 

secretary of state commission shall review the report or statement

 

and may investigate an apparent violation of this act under the

 

rules promulgated under this act. If the secretary of state

 

commission determines that there may be reason to believe a

 

violation of this act has occurred and the procedures prescribed in

 

subsection (10) have been complied with, the secretary of state

 

commission may refer the matter to the attorney general for the

 

enforcement of a criminal penalty provided by this act, or commence

 

a hearing under subsection (11) to determine whether a civil

 

violation of this act has occurred.

 

     (14) No later than 60 business days after a matter is referred

 

to the attorney general for enforcement of a criminal penalty, the

 

attorney general shall determine whether to proceed with


enforcement of that penalty.

 

     (15) Unless otherwise specified in this act, a person who

 

violates a provision of this act is subject to a civil fine of not

 

more than $1,000.00 for each violation. A civil fine is in addition

 

to, but not limited by, a criminal penalty prescribed by this act.

 

     (16) In addition to any other sanction provided for by this

 

act, the secretary of state commission may require a person who

 

files a complaint with a false certificate under subsection (6)(c)

 

to do either or both of the following:

 

     (a) Pay to the secretary of state commission some or all of

 

the expenses incurred by the secretary of state commission as a

 

direct result of the filing of the complaint.

 

     (b) Pay to the person against whom the complaint was filed

 

some or all of the expenses, including, but not limited to,

 

reasonable attorney fees incurred by that person in proceedings

 

under this act as a direct result of the filing of the complaint.

 

     (17) Except as otherwise provided in section 57, there is no

 

private right of action, either in law or in equity, under this

 

act. Except as otherwise provided in section 57, the remedies

 

provided in this act are the exclusive means by which this act may

 

be enforced and by which any harm resulting from a violation of

 

this act may be redressed. A person shall not bring or maintain an

 

action to collect a fine or fee imposed under this act unless the

 

person commences the action within 5 years after the violation of

 

this act occurs. The criminal penalties provided by this act may

 

only be enforced by the attorney general and only upon referral by

 

the secretary of state commission as provided under subsection (10)


or (13).

 

     (18) The secretary of state commission may waive the filing of

 

a campaign statement required under section 33, 34, or 35 if the

 

closing date of the particular campaign statement falls on the same

 

or a later date as the closing date of the next campaign statement

 

filed by the same person, or if the period that would be otherwise

 

covered by the next campaign statement filed by the same person is

 

10 days or less.

 

     (19) The clerk of each county shall do all of the following:

 

     (a) Make available through the county clerk's office the

 

appropriate forms, instructions, and manuals required by this act.

 

     (b) Under the supervision of the secretary of state,

 

commission, implement the filing, coding, and cross-indexing system

 

prescribed for the filing of reports and statements required to be

 

filed with the county clerk's office.

 

     (c) Receive all statements and reports required by this act to

 

be filed with the county clerk's office.

 

     (d) Upon written request, waive the payment of a late filing

 

fee if the request for a waiver is based on good cause as

 

prescribed in subsection (1)(f).

 

     Sec. 15a. (1) The fair political practices commission is

 

created as an autonomous entity within the department of state. The

 

commission shall exercise its statutory powers, duties, functions,

 

and responsibilities independently of the department of state

 

including, but not limited to, personnel, budgeting, procurement,

 

and management-related functions.

 

     (2) The commission consists of the following members, not more


than 3 of whom are members of the same political party:

 

     (a) Three members appointed by the governor from a list

 

submitted by the state central committee of the political party

 

whose candidate for the office of governor received the highest

 

number of votes at the immediately preceding general election in

 

which a governor was elected.

 

     (b) Three members appointed by the governor from a list

 

submitted by the state central committee of the political party

 

whose candidate for the office of governor received the second

 

highest number of votes at the immediately preceding general

 

election in which a governor was elected.

 

     (3) Within 30 days after the date of the amendatory act that

 

added this section, the state central committee of each political

 

party identified in subsection (2) shall submit a list of 3 names

 

for each position to be considered for appointment to the

 

commission. At least 30 days before a term of a member of the

 

commission expires, the state central committee of the appropriate

 

political party shall submit a list of 3 names to the governor for

 

each position that is up for reappointment. The governor shall

 

appoint members to the commission within 30 days after receiving

 

the lists under this subsection. If the state central committee of

 

a political party fails to submit the names of nominees within the

 

prescribed period of time in this subsection, the governor shall

 

appoint to the commission an individual who was formerly elected as

 

a state officer as a member of the appropriate political party and

 

who is currently affiliated with that political party. If an

 

individual appointed by the governor under this subsection declines


to serve, the governor shall do 1 of the following:

 

     (a) Appoint another individual from the list submitted by the

 

political party under this subsection to that position on the

 

commission.

 

     (b) Appoint an individual who was formerly elected as a state

 

officer as a member of the appropriate political party and who is

 

currently affiliated with that political party to that position on

 

the commission.

 

     (4) Members of the commission shall serve for terms of 4 years

 

or until a successor is appointed, whichever is later. A member of

 

the commission may be reappointed. However, after serving 2

 

consecutive terms on the commission, the individual is not eligible

 

to serve on the commission for 4 years.

 

     (5) An individual may not serve as a member of the commission

 

if any of the following apply:

 

     (a) The individual is not a qualified and registered elector

 

of this state.

 

     (b) The individual holds an elective office.

 

     (c) The individual is a candidate for elective office.

 

     (d) The individual is a treasurer, campaign manager, or paid

 

employee of either a candidate committee or a candidate for public

 

office.

 

     (e) The individual is a lobbyist or lobbyist agent under 1978

 

PA 472, MCL 4.411 to 4.431.

 

     (6) A member of the commission shall not do either of the

 

following while a member of the commission:

 

     (a) Make a contribution to any person that is subject to the


commission's jurisdiction.

 

     (b) Solicit a contribution for any person that is subject to

 

the commission's jurisdiction.

 

     (7) A member of the commission is subject to 1968 PA 317, MCL

 

15.321 to 15.330, and 1968 PA 318, MCL 15.301 to 15.310.

 

     (8) A member of the commission shall take and subscribe to the

 

constitutional oath of office under section 1 of article XI of the

 

state constitution of 1963.

 

     (9) If a vacancy in the office of a member of the commission

 

occurs other than the expiration of a term, the state central

 

committee of the appropriate political party shall submit a list of

 

3 names to the governor for the vacant position on or before the

 

fifteenth day following the date of the vacancy. On or before the

 

thirtieth day following the date of the vacancy, the governor shall

 

appoint 1 individual from the list to the vacant position. A member

 

appointed to the commission under this subsection shall serve for

 

the remainder of the vacant term. If the state central committee of

 

a political party fails to submit the list of names within the

 

prescribed period of time in this subsection, the governor shall

 

appoint to the commission an individual who was formerly elected as

 

a state officer as a member of the appropriate political party and

 

who is currently affiliated with that political party. If an

 

individual appointed by the governor under this subsection declines

 

to serve, the governor shall do 1 of the following:

 

     (a) Appoint another individual from the list submitted by the

 

political party under subsection (3) to that position on the

 

commission.


     (b) Appoint an individual who was formerly elected as a state

 

officer as a member of the appropriate political party and who is

 

currently affiliated with that political party to that position on

 

the commission.

 

     (10) The governor may remove a member of the commission for

 

incompetence, dereliction of duty, malfeasance, misfeasance, or

 

nonfeasance in office, or any other good cause.

 

     (11) The first meeting of the commission shall be called by

 

the governor no later than 30 days after the governor makes the

 

initial appointment. At the first meeting, the commission shall

 

elect from among its members a chairperson and other officers as it

 

considers necessary or appropriate. Every 2 years after the first

 

meeting, the position of chairperson must alternate between members

 

appointed under subsection (2)(a) and the members appointed under

 

subsection (2)(b). After the first meeting, the commission shall

 

meet at least quarterly, or more frequently at the call of the

 

chairperson or if requested by a majority of the members.

 

     (12) Four members of the commission constitute a quorum for

 

the transaction of business at a meeting of the commission. Four

 

members of the commission present and serving are required for

 

official action of the commission.

 

     (13) The business that the commission may perform shall be

 

conducted at a public meeting of the commission held in compliance

 

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

     (14) A writing prepared, owned, used, in the possession of, or

 

retained by the commission in the performance of an official

 

function is subject to the freedom of information act, 1976 PA 442,


MCL 15.231 to 15.246.

 

     (15) A member of the commission may be reimbursed for his or

 

her actual and necessary expenses incurred in the performance of

 

his or her official duties as a member of the commission. The

 

legislature shall annually establish salaries for members of the

 

commission. All salaries and other expenses incurred by the

 

commission must be paid out of funds appropriated by the

 

legislature. A member of the commission shall not receive any other

 

compensation for the performance of those duties.

 

     (16) The commission shall do all of the following:

 

     (a) Administer and enforce this act.

 

     (b) Exercise the powers and duties conferred on the commission

 

by statute.

 

     (17) The commission may hire an executive director and any

 

staff required to exercise its powers and duties prescribed by law.

 

     Sec. 16. (1) A filing official shall make a statement or

 

report required to be filed under this act available for public

 

inspection and reproduction, as soon as practicable, but not later

 

than the third business day following the day on which it is

 

received, during regular business hours of the filing official. If

 

the report is a report of a late contribution under section 32(1)

 

made to the secretary of state, commission, the secretary of state

 

commission shall also make the report or all of the contents of the

 

report available to the public on the internet, without charge, as

 

soon as practicable but not later than the end of the business day

 

on which it is received, at a single website established and

 

maintained by the secretary of state.commission.


     (2) A filing official shall provide a copy of a statement or

 

part of a statement shall be provided by a filing official at a

 

reasonable charge.

 

     (3) A statement open to the public under this act shall must

 

not be used for any commercial purpose.

 

     (4) Except as otherwise provided in this subsection, a

 

statement of organization filed under this act with a filing

 

official who is not the secretary of state shall commission must be

 

preserved by that filing official for 5 years from the official

 

date of the committee's dissolution. A statement of organization

 

filed under this act with a filing official who is not the

 

secretary of state commission that is filed by a committee that

 

received more than $50,000.00 in an election cycle shall must be

 

preserved by that filing official for 15 years from the official

 

date of the committee's dissolution. A statement of organization

 

filed under this act with the secretary of state shall commission

 

must be preserved by the secretary of state commission for 15 years

 

from the official date of the committee's dissolution. Except as

 

otherwise provided in this subsection, any other statement or

 

report filed under this act with a filing official who is not the

 

secretary of state shall commission must be preserved by that

 

filing official for 5 years from the date the filing occurred. Any

 

other statement or report filed under this act with a filing

 

official who is not the secretary of state commission that is filed

 

by a committee that received more than $50,000.00 in an election

 

cycle shall must be preserved by that filing official for 15 years

 

from the date the filing occurred. Any other statement or report


filed under this act with the secretary of state shall commission

 

must be preserved by the secretary of state commission for 15 years

 

from the date the filing occurred. Upon a determination under

 

section 15 that a violation of this act has occurred, all

 

complaints, orders, decisions, or other documents related to that

 

violation shall must be preserved by the filing official who is not

 

the secretary of state commission or the secretary of state

 

commission for 15 years from the date of the court determination or

 

the date the violations are corrected, whichever is later.

 

Statements and reports filed under this act may be reproduced

 

pursuant to the records reproduction act, 1992 PA 116, MCL 24.401

 

to 24.406. After the required preservation period, the statements

 

and reports, or the reproductions of the statements and reports,

 

may be disposed of in the manner prescribed in the management and

 

budget act, 1984 PA 431, MCL 18.1101 to 18.1594, and section 11 of

 

the Michigan history center act, 2016 PA 470, MCL 399.811.

 

     (5) A filing official shall not collect a charge for the

 

filing of a required statement or report or for a form upon which

 

the statement or report is to be prepared, except a late filing fee

 

required by this act.

 

     (6) A filing official shall determine whether a statement or

 

report filed under this act complies, on its face, with the

 

requirements of this act and the rules promulgated under this act.

 

The filing official shall determine whether a statement or report

 

that is required to be filed under this act is in fact filed.

 

Within 4 business days after the deadline for filing a statement or

 

report under this act, the filing official shall give notice to the


filer by registered mail of an error or omission in the statement

 

or report and give notice to a person the filing official has

 

reason to believe is a person required to and who failed to file a

 

statement or report. A failure to give notice by the filing

 

official under this subsection is not a defense to a criminal

 

action against the person required to file.

 

     (7) Within 9 business days after the report or statement is

 

required to be filed, the filer shall make any corrections in the

 

statement or report filed with the appropriate filing official. If

 

the report or statement was not filed, then the report or statement

 

shall must be late filed within 9 business days after the time it

 

was required to be filed and shall be is subject to late filing

 

fees.

 

     (8) After 9 business days and before 12 business days have

 

expired after the deadline for filing the statement or report, the

 

filing official shall report errors or omissions that were not

 

corrected and failures to file to the attorney general.

 

     (9) A statement or report required to be filed under this act

 

shall must be filed not later than 5 p.m. of the day in which it is

 

required to be filed. A preelection statement or report due on July

 

25 or October 25 under section 33 that is postmarked by registered

 

or certified mail, or sent by express mail or other overnight

 

delivery service, at least 2 days before the deadline for filing is

 

filed within the prescribed time regardless of when it is actually

 

delivered. Any other statement or report required to be filed under

 

this act that is postmarked by registered or certified mail or sent

 

by express mail or other overnight delivery service on or before


the deadline for filing is filed within the prescribed time

 

regardless of when it is actually delivered.

 

     Sec. 17. (1) A person paying a late filing fee as a result of

 

that person's failure to file a statement or report shall pay that

 

fee to the filing official with whom the statement or report was

 

required to be filed.

 

     (2) The late filing fees collected under sections 24, 33, 34,

 

35, and 51, and copying charges collected under section 16, must be

 

retained by and for the use of the filing officials collecting the

 

fees or charges to cover their expenses in administering this act.

 

A late filing fee assessed by a county clerk that remains unpaid

 

for more than 60 days is considered a debt of the county, and the

 

county treasurer shall collect that fee in the same manner as other

 

county debts are collected. A late filing fee assessed by the

 

secretary of state commission that remains unpaid for more than 180

 

days must be referred to the department of treasury for collection.

 

     (3) A committee, other than a candidate committee or a

 

committee making expenditures in assistance of or in opposition to

 

the qualification, passage, or defeat of a ballot question,

 

required to file with the secretary of state commission is not

 

required to pay a late filing fee under sections 24, 33, 34, and

 

35, if all of the following conditions are met:

 

     (a) A committee required to register as a committee fails to

 

file a statement of organization.

 

     (b) The secretary of state commission sends to that committee

 

notice of the committee's failure to file a statement of

 

organization.


     (c) At the same time or after the notice described in

 

subdivision (b) is sent, the secretary of state commission sends to

 

that committee notice of the committee's failure to file a campaign

 

statement that was due for a period that occurred before the notice

 

of failure to file a statement of organization was sent.

 

     (d) Within 10 business days after the notice of failure to

 

file a statement of organization is sent, the committee files a

 

statement of organization.

 

     (e) Within 10 business days after the notice of failure to

 

file a campaign statement is sent, the committee files every

 

campaign statement that is due.

 

     (4) Late filing fees that would have occurred except for

 

subsection (3) must be assessed for each statement not filed before

 

the eleventh business day after a notice of failure to file is sent

 

under subsection (3).

 

     (5) A committee other than a candidate committee that has not

 

previously filed a statement of organization is not required to pay

 

a late filing fee under sections 24, 33, 34, and 35, if the

 

committee files a statement of organization and every campaign

 

statement that is due, before the secretary of state commission

 

sends a notice to that committee under subsection (3).

 

     Sec. 18. (1) The secretary of state commission shall develop

 

and implement an electronic filing and internet disclosure system

 

that permits committees that are required to file statements or

 

reports under this act with the secretary of state commission to

 

file those statements or reports electronically and that provides

 

internet disclosure of electronically filed statements or reports


on a website.

 

     (2) The secretary of state commission shall offer each

 

committee required to file with the secretary of state commission

 

the option of filing campaign statements or reports electronically,

 

as described in subsection (1).

 

     (3) Beginning with the annual campaign statement due January

 

31, 2014, each committee required to file with the secretary of

 

state commission that received or expended $5,000.00 or more in the

 

preceding calendar year or expects to receive or expend $5,000.00

 

or more in the current calendar year shall electronically file all

 

statements and reports required under this act, as described in

 

subsection (1).

 

     (4) If a committee was not required to file a campaign

 

statement under subsection (3) only because it did not meet the

 

applicable threshold of receiving or expending $5,000.00 or more,

 

but the committee later reaches that threshold, the committee shall

 

notify the secretary of state commission within 10 business days

 

after reaching that threshold and shall subsequently file

 

electronically all statements and reports required under this act.

 

     (5) The secretary of state commission shall permit a committee

 

to electronically file statements and reports required under this

 

act, as described in subsection (1), except an original statement

 

of organization, after the committee treasurer and, for a candidate

 

committee, the candidate has signed and filed a form designed by

 

the secretary of state commission to serve as the signature

 

verifying the accuracy and completeness of each statement or report

 

filed electronically.


     Sec. 18a. (1) A county clerk may adopt an electronic filing

 

and internet disclosure system developed or approved by the

 

secretary of state commission that permits committees that are

 

required to file statements or reports under this act with the

 

county clerk to file those statements or reports electronically and

 

that provides internet disclosure of electronically filed

 

statements or reports on a website. If the secretary of state

 

commission develops an internet disclosure system, the secretary of

 

state commission shall not charge a county clerk for the software

 

for that system.

 

     (2) A county clerk who adopts a system under subsection (1)

 

may require each committee that received or expended the threshold

 

amount set by the county clerk as provided in this subsection in

 

the preceding calendar year or expects to receive or expend the

 

threshold amount set by the county clerk in the current calendar

 

year to file campaign statements or reports electronically. A

 

county clerk shall set the threshold under this subsection at

 

$5,000.00 or $1,500.00.

 

     (3) A county clerk who adopts a system under subsection (1)

 

shall permit a committee to electronically file statements and

 

reports required under this act, as described in subsection (1),

 

except an original statement of organization, after the committee

 

treasurer and, for a candidate committee, the candidate has signed

 

and filed a form designed by the secretary of state commission to

 

serve as the signature verifying the accuracy and completeness of

 

each statement or report filed electronically.

 

     (4) If a committee was not required to file a campaign


statement under subsection (2) only because it did not meet the

 

applicable threshold, but the committee later reaches that

 

threshold, the committee shall notify the county clerk within 10

 

business days after reaching that threshold and shall subsequently

 

file electronically all statements and reports required under this

 

act.

 

     Sec. 21. (1) A candidate, within 10 days after becoming a

 

candidate, shall form a candidate committee. A person An individual

 

who is a candidate for more than 1 office shall form a candidate

 

committee for each office for which the person individual is a

 

candidate, if at least 1 of the offices is a state elective office.

 

A candidate shall not form more than 1 candidate committee for each

 

office for which the person individual is a candidate.

 

     (2) A candidate committee shall have a treasurer who is a

 

qualified elector of this state. A candidate may appoint himself or

 

herself as the candidate committee treasurer.

 

     (3) A committee other than a candidate committee shall have a

 

treasurer who is a qualified elector of this state if the committee

 

conducts business through an office or other facility located in

 

this state.

 

     (4) If a committee is not required to have as its treasurer an

 

individual who is a qualified elector of this state, the committee

 

may have as its treasurer an individual who is a resident of

 

another state. A committee with a nonresident treasurer shall file,

 

with its statement of organization, an irrevocable written

 

stipulation, signed by the treasurer, agreeing that legal process

 

affecting the committee, served on the secretary of state


commission or an agent designated by the secretary of state,

 

commission, has the same effect as if personally served on the

 

committee. This appointment remains in force as long as any

 

liability of the committee remains outstanding within this state.

 

     (5) If the secretary of state commission or designated agent

 

of the secretary of state commission is served with legal process

 

pursuant to under subsection (4), the secretary of state commission

 

shall promptly notify the committee's treasurer by certified mail

 

at the last known address of the committee shown on the committee's

 

statement of organization.

 

     (6) Except as provided by law, a candidate committee or a

 

committee described in subsection (3) shall have 1 account in a

 

financial institution in this state as an official depository for

 

the purpose of depositing all contributions received by the

 

committee in the form of or which are converted to money, checks,

 

or other negotiable instruments and for the purpose of making all

 

expenditures. The committee shall designate that financial

 

institution as its official depository. The establishment of an

 

account in a financial institution is not required until the

 

committee receives a contribution or makes an expenditure.

 

Secondary depositories shall must be used for the sole purpose of

 

depositing contributions and promptly transferring the deposits to

 

the committee's official depository.

 

     (7) Except as provided by law, a committee described in

 

subsection (4) shall have 1 account in a financial institution as

 

its official depository for the purpose of depositing all

 

contributions received by the committee in the form of or which are


converted to money, checks, or other negotiable instruments and for

 

the purpose of making all expenditures. The committee shall

 

designate that financial institution as its official depository.

 

The establishment of an account in a financial institution is not

 

required until the committee receives a contribution or makes an

 

expenditure. Secondary depositories shall must be used only for the

 

purposes of depositing contributions and promptly transferring the

 

deposits to the committee's official depository, or depositing,

 

dividing, and transferring contributions that are aggregated with

 

dues or other payments.

 

     (8) A committee shall not accept a contribution shall not be

 

accepted and or make an expenditure shall not be made by a

 

committee if that committee does not have a treasurer. When the

 

office of treasurer in a candidate committee is vacant, the

 

candidate shall be is the treasurer until the candidate appoints a

 

new treasurer.

 

     (9) An A committee shall not make an expenditure shall not be

 

made by a committee without the authorization of the treasurer or

 

the treasurer's designee. The contributions received or

 

expenditures made by a candidate or an agent of a candidate are

 

considered received or made by the candidate committee.

 

     (10) Contributions received by an individual acting in behalf

 

of a committee shall must be reported promptly to the committee's

 

treasurer not later than 5 days before the closing date of any

 

campaign statement required to be filed by the committee, and shall

 

must be reported to the committee treasurer immediately if the

 

contribution is received less than 5 days before the closing date.


     (11) A contribution is considered received by a committee when

 

it is received by the committee treasurer or a designated agent of

 

the committee treasurer although the contribution may not be

 

deposited in the official depository by the reporting deadline.

 

     (12) Contributions received by a committee shall must not be

 

commingled with other funds of an agent of the committee or of any

 

other person. Contributions are not considered to be commingled if

 

that contribution is either of the following:

 

     (a) A contribution received by a person for transmission to a

 

separate segregated fund as described in section 55(7).

 

     (b) A contribution made by 1 or more persons through a person

 

if all of the following are met:

 

     (i) The individual contribution or aggregated contribution is

 

accompanied by or logically associated with all information

 

required under section 26 for each individual contributor.

 

     (ii) The person making the contribution is the original source

 

of the contribution.

 

     (iii) The contribution is not obtained through use of coercion

 

or physical force, as a condition of employment or membership, or

 

by using or threatening to use job discrimination or financial

 

reprisals.

 

     (iv) Only the person making the contribution exercises any

 

control over the making of, or the amount or recipient of, the

 

contribution.

 

     (v) The contribution is not otherwise prohibited by this act.

 

     (13) A person that violates this section is subject to a civil

 

fine of not more than $1,000.00.


     Sec. 22. A committee treasurer or other individual designated

 

on the statement of organization as responsible for the committee's

 

record keeping, report preparation, or report filing shall keep

 

detailed accounts, records, bills, and receipts as required to

 

substantiate the information contained in a statement or report

 

filed pursuant to under this act or rules promulgated under this

 

act. The treasurer shall record the name and address of a person

 

from whom a contribution is received. The records of a committee

 

shall must be preserved for 5 years and shall be made available for

 

inspection as authorized by the secretary of state. commission. A

 

treasurer or other individual designated as responsible for the

 

committee's record keeping, report preparation, or report filing

 

who knowingly violates this section is subject to a civil fine of

 

not more than $1,000.00.

 

     Sec. 24. (1) A committee shall file a statement of

 

organization with the filing officials designated in section 36 to

 

receive the committee's campaign statements. A committee shall file

 

a statement of organization within 10 days after the committee is

 

formed. A filing official shall maintain a statement of

 

organization filed by a committee until 5 years after the official

 

date of the committee's dissolution. A person who fails to file a

 

statement of organization required by this subsection shall pay a

 

late filing fee of $10.00 for each business day the statement

 

remains not filed in violation of this subsection. The late filing

 

fee must not exceed $300.00. A person who violates this subsection

 

by failing to file for more than 30 days after a statement of

 

organization is required to be filed is guilty of a misdemeanor


punishable by a fine of not more than $1,000.00.

 

     (2) The statement of organization required to be filed under

 

subsection (1) must include the following information:

 

     (a) The name, street address, and if available, the electronic

 

mail address and telephone number of the committee, and the

 

electronic mail address of the candidate. If a committee is a

 

candidate committee, the committee name must include the first and

 

last name of the candidate. A committee address may be the home

 

address of the candidate or treasurer of the committee.

 

     (b) The name, street address, and if available, the electronic

 

mail address and telephone number of the treasurer or other

 

individual designated as responsible for the committee's record

 

keeping, report preparation, or report filing.

 

     (c) The name and address of the financial institution in which

 

the official committee depository is or is intended to be located,

 

and the name and address of each financial institution in which a

 

secondary depository is or is intended to be located.

 

     (d) The full name of the office being sought by, including

 

district number or jurisdiction, and the county residence of each

 

candidate supported or opposed by the committee.

 

     (e) A brief statement identifying the substance of each ballot

 

question supported or opposed by the committee. If the ballot

 

question supported or opposed by the committee is a local ballot

 

question, the committee shall identify the county in which the

 

greatest number of registered voters eligible to vote on the ballot

 

question reside.

 

     (f) Identification of the committee as a candidate committee,


political party committee, independent committee, independent

 

expenditure committee, political committee, or ballot question

 

committee if it is identifiable as such a committee.

 

     (3) An independent committee or political committee shall

 

include in the name of the committee the name of the person or

 

persons that sponsor the committee, if any, or with whom the

 

committee is affiliated. A person, other than an individual or a

 

committee, sponsors or is affiliated with an independent committee

 

or political committee if that person establishes, directs,

 

controls, or financially supports the administration of the

 

committee. For the purposes of this subsection, a person does not

 

financially support the administration of a committee by merely

 

making a contribution to the committee.

 

     (4) If any of the information required in a statement of

 

organization is changed, the committee shall file an amendment when

 

the next campaign statement is required to be filed.

 

     (5) When filing a statement of organization, a committee,

 

other than an independent committee, a political committee, or a

 

political party committee, may indicate in a written statement

 

signed by the treasurer of the committee that the committee does

 

not expect for each election to receive an amount in excess of

 

$1,000.00 or expend an amount in excess of $1,000.00. The treasurer

 

of a committee of an incumbent judge or justice is considered to

 

have made the statement required under this subsection following

 

appointment or election of that judge or justice and is not

 

required to file a written statement under this subsection

 

indicating that the committee does not expect for each election to


receive or expend an amount in excess of $1,000.00.

 

     (6) When filing a statement of organization, an independent

 

committee, a political committee, or a political party committee

 

may indicate in a written statement signed by the treasurer of the

 

committee that the committee does not expect in a calendar year to

 

receive or expend an amount in excess of $1,000.00.

 

     (7) Upon the dissolution of a committee, the committee shall

 

file a statement indicating dissolution with the filing officials

 

with whom the committee's statement of organization was filed.

 

Dissolution of a committee must be accomplished pursuant to rules

 

promulgated by the secretary of state commission under the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328.

 

     (8) A candidate committee that files a written statement under

 

subsection (5) or that is considered to have made a statement under

 

subsection (5) is not required to file a dissolution statement

 

under subsection (7) if the committee failed to receive or expend

 

an amount in excess of $1,000.00 and 1 of the following applies:

 

     (a) The candidate was defeated in an election and has no

 

outstanding campaign debts or assets.

 

     (b) The candidate vacates an elective office and has no

 

outstanding campaign debts or assets.

 

     (9) A political committee organized for the purpose of making

 

independent expenditures formed before the effective date of the

 

amendatory act that added this subsection September 20, 2017 is

 

considered an independent expenditure committee. The secretary of

 

state commission may amend the statement of organization for any


committee affected by this subsection.

 

     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, 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 commission 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, commission, on a

 

form provided by the secretary of state, commission, 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,

 

commission, 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, commission,

 

on a form provided by the secretary of state, commission, 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.

 

     Sec. 30. (1) A committee shall not knowingly maintain receipt

 

of a contribution from a person prohibited from making a

 

contribution during the prohibited period under section 7b of the

 

Michigan gaming control and revenue act, the Initiated Law of 1996,

 

1996 IL 1, MCL 432.207b.

 

     (2) For purposes of this section, a committee is only

 

considered to have knowingly maintained receipt of a contribution

 

prohibited under subsection (1) and is subject to a penalty for

 

that violation if both of the following circumstances exist:

 

     (a) The secretary of state commission has, by registered mail,

 

notified the committee that the committee has received a


contribution in violation of this section and has specifically

 

identified that contribution.

 

     (b) The committee fails to return the contribution identified

 

under subdivision (a) on or before the thirtieth business day after

 

the date the committee receives the notification described in

 

subdivision (a).

 

     Sec. 33. (1) A committee, other than an independent committee,

 

an independent expenditure committee, or a political committee

 

required to file with the secretary of state, commission,

 

supporting or opposing a candidate shall file complete campaign

 

statements as required by this act and the rules promulgated under

 

this act according to the following schedule:

 

     (a) A preelection campaign statement must be filed not later

 

than the eleventh day before an election. The closing date for a

 

campaign statement filed under this subdivision is the sixteenth

 

day before the election.

 

     (b) A postelection campaign statement must be filed not later

 

than the thirtieth day following the election. The closing date for

 

a campaign statement filed under this subdivision is 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) For candidate committees only, in a year in which there is


no election for the candidate the candidate 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, an independent expenditure

 

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 commission shall file

 

campaign statements as required by this act according to the

 

following schedule:

 

     (a) Not later than April 25 of each year with a closing date

 

of April 20 of that year.

 

     (b) Not later than July 25 of each year with a closing date of


July 20 of that year.

 

     (c) 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 commission 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, an independent expenditure

 

committee, or a political committee required to file a campaign

 

statement with the secretary of state, commission, the committee

 

shall file a report of the expenditure with the secretary of state

 

commission within 48 hours after the expenditure. The report must

 

be made on a form provided by the secretary of state commission and

 

must 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 must

 

include either the name of the candidate and the office sought by

 

the candidate or the name of the ballot question and 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) or that is automatically considered to have made a

 

statement under section 24(5) 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 is $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 must 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 commission 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 must 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 commission a demand for a hearing before the secretary of

 

state commission or a person designated by the secretary of state

 

commission 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 commission or a person

 

designated by the secretary of state, commission, to be represented

 

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

 

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

 

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

 

secretary of state commission 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 commission a demand for a

 

hearing before the secretary of state commission or a person

 

designated by the secretary of state, commission, the money seized

 

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

 

before the secretary of state commission or a person designated by

 

the secretary of state, commission, the secretary of state

 

commission or a person designated by the secretary of state

 

commission 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 commission or a person

 

designated by the secretary of state, commission, 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 must be commenced within 20 days

 

after notice of a determination by the secretary of state

 

commission or a person designated by the secretary of state

 

commission 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. 36. (1) A candidate committee for a state elective office


or a judicial office shall file a copy of the campaign statement

 

required under this act with the secretary of state. commission.

 

The secretary of state commission shall reproduce the copy and

 

transmit the reproduction to the clerk of the county of residence

 

of the candidate.

 

     (2) A ballot question committee supporting or opposing a

 

statewide ballot question shall file a copy of the campaign

 

statement required under this act with the secretary of state

 

commission and with the clerk of the most populous county in the

 

state. Except as otherwise provided in this subsection, a ballot

 

question committee supporting or opposing a ballot question to be

 

voted upon in more than 1 county, but not statewide, shall file a

 

copy of the campaign statement required under this act with the

 

clerk of the county in which the greatest number of registered

 

voters eligible to vote on the ballot question reside. Except as

 

otherwise provided in this subsection, a ballot question committee

 

supporting or opposing a ballot question to be voted upon within a

 

single county shall file a copy of the campaign statement required

 

under this act only with the clerk of that county. If a ballot

 

question committee is registered with the secretary of state

 

commission and is supporting or opposing a nonstatewide ballot

 

question, that ballot question committee is only required to file

 

the campaign statement required under this act with the secretary

 

of state.commission.

 

     (3) A political party committee shall file a copy of the

 

campaign statement required under this act with the secretary of

 

state. commission. The secretary of state commission shall


reproduce a copy of the campaign statement of a political party

 

committee that is a county committee and file the copy with the

 

clerk of the county where the county committee operates.

 

     (4) A committee supporting or opposing a candidate for local

 

elective office, if the office is to be voted on in more than 1

 

county but not statewide, shall file a copy of the campaign

 

statement required under this act with the clerk of the county in

 

which the greatest number of registered voters eligible to vote on

 

the office reside.

 

     (5) If a committee is registered with the secretary of state

 

commission and is supporting or opposing the recall of a local

 

elective officeholder, that committee is only required to file the

 

campaign statement required under this act with the secretary of

 

state.commission.

 

     (6) A committee not covered under subsection (1), (2), (3),

 

(4), or (5) shall file a copy of the campaign statement required

 

under this act with the secretary of state, commission, except that

 

a committee reporting contributions or expenditures for a candidate

 

within only 1 county shall file a statement only with the clerk of

 

that county.

 

     (7) A local unit of government that receives copies of

 

campaign statements under this section shall make the statements

 

available for public inspection and reproduction during regular

 

business hours of the local unit of government. The local unit of

 

government shall make the statements available as soon as

 

practicable after receipt, but not later than the third business

 

day following the day on which they are received.


     Sec. 46. (1) At the beginning of every odd numbered year, the

 

secretary of state commission shall recommend adjustments to and

 

which shall be approved by the legislature of 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 act, on the basis of the consumer price index

 

Consumer Price Index and the number of registered voters in the

 

state.

 

     (2) Beginning January 1, 2019 and every 4 years thereafter,

 

the secretary of state commission shall adjust the dollar value

 

contribution limits provided in sections 52, 52a, and 69(1). The

 

secretary of state commission shall adjust the limits in sections

 

52, 52a, and 69(1) by comparing the percentage increase or decrease

 

in the consumer price index Consumer Price Index for the preceding

 

August by the corresponding consumer price index Consumer Price

 

Index 4 years earlier. The secretary of state commission shall

 

multiply that percentage change by the amounts in sections 52, 52a,

 

and 69(1). The secretary of state commission shall round up each

 

dollar value adjustment made under this subsection to the nearest

 

$25.00. The secretary of state commission shall announce the

 

adjustments made under this subsection by December 15 of each year.

 

     (3) As used in this section, "consumer price index" "Consumer

 

Price Index" means the most comprehensive index of consumer prices

 

available for the Detroit area from the bureau of labor statistics

 

Bureau of Labor Statistics of the United States department of

 

labor.Department of Labor.

 

     Sec. 51. (1) A person, other than a committee, that makes an


independent expenditure, advocating the election or defeat of a

 

candidate or the qualification, passage, or defeat of a ballot

 

question, in an amount of $100.01 or more in a calendar year shall

 

file a report of the independent expenditure, within 10 days after

 

making that independent expenditure, with the clerk of the county

 

of residence of that person. If the independent expenditure

 

advocates the election or defeat of a candidate for state elective

 

office or the qualification, passage, or defeat of a statewide

 

ballot question, or if the person making the independent

 

expenditure is not a resident of this state, the person shall file

 

the report with the secretary of state commission in lieu of filing

 

with a clerk of a county. The report required under this section

 

must be made on an independent expenditure report form provided by

 

the secretary of state, commission, include the date of the

 

expenditure, a brief description of the nature of the expenditure,

 

the amount, the name and address of the person to whom it was paid,

 

the name and address of the person filing the report, together with

 

the name, address, occupation, employer, and principal place of

 

business of each person that contributed $100.01 or more to the

 

expenditure, and identify the candidate or ballot question for or

 

against which the independent expenditure was made. The filing

 

official receiving the report shall forward copies, as required, to

 

the appropriate filing officers as described in section 36.

 

     (2) If a person fails to file a report as required under this

 

section, that person shall pay a late filing fee. If the person has

 

made independent expenditures totaling less than $10,000.00, the

 

late filing fee is $25.00 for each business day the report remains


unfiled, but not to exceed $1,000.00. If the person has made

 

independent expenditures totaling $10,000.00 or more, the late

 

filing fee is $50.00 for each business day the report remains

 

unfiled, but not to exceed $5,000.00. A person that violates this

 

subsection by failing to file a report required under this section

 

for more than 30 days after the report is required to be filed is

 

guilty of a misdemeanor punishable by imprisonment for not more

 

than 90 days or a fine of not more than $1,000.00, or both.

 

     Sec. 55. (1) A connected organization may make an expenditure

 

for the establishment or administration of, and solicitation,

 

collection, or transfer of contributions to, a separate segregated

 

fund to be used for political purposes. A separate segregated fund

 

established by a connected organization under this section shall be

 

organized as a political committee or an independent committee,

 

and, in addition to any other disbursements not restricted or

 

prohibited by law, shall only make contributions to, and

 

expenditures on behalf of, candidate committees, ballot question

 

committees, political party committees, political committees,

 

independent expenditure committees, independent committees, and

 

other separate segregated funds.

 

     (2) Contributions for a separate segregated fund established

 

by a corporation, organized on a for profit basis, or a joint stock

 

company under this section may be solicited from any of the

 

following persons or their spouses:

 

     (a) Stockholders of the corporation or company.

 

     (b) Officers and directors of the corporation or company.

 

     (c) Employees of the corporation or company who have policy


making, managerial, professional, supervisory, or administrative

 

nonclerical responsibilities.

 

     (3) Contributions for a separate segregated fund established

 

under this section by a corporation organized on a nonprofit basis

 

may be solicited from any of the following persons or their

 

spouses:

 

     (a) Members of the corporation who are individuals.

 

     (b) Stockholders or members of members of the corporation.

 

     (c) Officers or directors of members of the corporation.

 

     (d) Employees of the members of the corporation who have

 

policy making, managerial, professional, supervisory, or

 

administrative nonclerical responsibilities.

 

     (e) Employees of the corporation who have policy making,

 

managerial, professional, supervisory, or administrative

 

nonclerical responsibilities.

 

     (4) Contributions for a separate segregated fund established

 

under this section by a labor organization may be solicited from

 

any of the following persons or their spouses:

 

     (a) Members of the labor organization who are individuals.

 

     (b) Officers or directors of the labor organization.

 

     (c) Employees of the labor organization who have policy

 

making, managerial, professional, supervisory, or administrative

 

nonclerical responsibilities.

 

     (5) Contributions for a separate segregated fund established

 

under this section by a domestic dependent sovereign may be

 

solicited from an individual who is a member of any domestic

 

dependent sovereign.


     (6) Contributions must not be obtained for a separate

 

segregated fund established under this section by use of coercion

 

or physical force, by making a contribution a condition of

 

employment or membership, or by using or threatening to use job

 

discrimination or financial reprisals. A connected organization

 

shall not solicit or obtain contributions for a separate segregated

 

fund established under this section from an individual described in

 

subsection (2), (3), (4), or (5) on an automatic or passive basis

 

including but not limited to a payroll deduction plan or reverse

 

checkoff method. A connected organization may solicit or obtain

 

contributions for a separate segregated fund established under this

 

section from an individual described in subsection (2), (3), (4),

 

or (5) on an automatic basis, including but not limited to a

 

payroll deduction plan, only if the individual who is contributing

 

to the fund affirmatively consents to the contribution.

 

     (7) A contribution by an individual to a separate segregated

 

fund that is aggregated with a dues or other payment to the

 

connected organization may be collected by or made payable first to

 

the connected organization for subsequent transfer to the separate

 

segregated fund if all of the following occur:

 

     (a) The individual making the contribution does either of the

 

following:

 

     (i) Specifically indicates in a record or electronic record

 

that the amount collected, or a specified portion of the total

 

amount if remitted as part of a dues or other payment to the

 

connected organization, is a contribution to the separate

 

segregated fund.


     (ii) Fails to return a record or electronic record described

 

in subparagraph (i), but remits payment to the connected

 

organization in response to a specifically requested amount that

 

includes a solicited contribution, the solicitation for a

 

contribution was clearly distinguishable from any dues or other

 

fees requested as part of the total, and the connected organization

 

maintains a record or electronic record of the solicitation that

 

includes the amount of the solicited contribution and the amount of

 

any dues or other fees charged in conjunction with the solicitation

 

for each contributor.

 

     (b) The connected organization transfers the entire specified

 

amount of any designated contribution, individually or aggregated

 

with other contributions, to the separate segregated fund

 

electronically or by written instrument. Any transfer of designated

 

contributions must be accompanied by or logically associated with a

 

record or electronic record setting forth all information required

 

under section 26 for each individual contributor whose contribution

 

is transferred.

 

     (c) The connected organization accounts for any contributions

 

under this subsection in a manner that documents all of the

 

following:

 

     (i) The identity of the individual contributor.

 

     (ii) The date, amount, and method of receipt for each

 

individual contribution.

 

     (iii) The date, amount, and method of all transfers to the

 

separate segregated fund.

 

     (d) The connected organization and the separate segregated


fund adopt a written policy governing the handling, accounting, and

 

transfer of any contribution under this subsection.

 

     (e) In connection with an investigation or hearing under

 

section 15 regarding any contributions under this subsection, the

 

connected organization voluntarily agrees to make available to the

 

secretary of state commission any records described in subdivisions

 

(a) to (d) and provides those records at the request of the

 

secretary of state.commission.

 

     (8) Except as otherwise provided in subsection (10), a person

 

who knowingly violates this section is guilty of a felony

 

punishable, if the person is an individual, by a fine of not more

 

than $5,000.00 or imprisonment for not more than 3 years, or both,

 

or, if the person is not an individual, by a fine of not more than

 

$10,000.00.

 

     (9) If a connected organization that obtains contributions for

 

a separate segregated fund from individuals described in subsection

 

(2), (3), (4), or (5) pays to 1 or more of those individuals a

 

bonus or other remuneration for the purpose of reimbursing those

 

contributions, then that connected organization is subject to a

 

civil fine of not more than 2 times the total contributions

 

obtained from all individuals for the separate segregated fund

 

during that calendar year.

 

     (10) If a violation of this section results solely from the

 

failure of a connected organization to transfer 1 or more

 

contributions, that connected organization is not guilty of a

 

felony as described in subsection (8), but shall notify the

 

contributor of the failure to transfer the contribution and refund


the full amount of the contribution to the contributor if

 

requested. The penalties described in subsection (8) apply to any

 

other violation of this section, including use or diversion of any

 

contributions by a connected organization before those

 

contributions are transferred to the separate segregated fund under

 

subsection (7).

 

     (11) As used in this section:

 

     (a) "Connected organization" means either of the following:

 

     (i) A corporation organized on a for-profit or nonprofit

 

basis, a joint stock company, a domestic dependent sovereign, or a

 

labor organization formed under the laws of this or another state

 

or foreign country.

 

     (ii) A member of any entity under subparagraph (i) that is not

 

an individual and that does not maintain its own separate

 

segregated fund, unless its separate segregated fund and the

 

separate segregated fund of the entity of which it is a member are

 

treated as a single independent committee as provided in section

 

52(10).

 

     (b) "Record" and "electronic record" mean those terms as

 

defined in section 2 of the uniform electronic transactions act,

 

2000 PA 305, MCL 450.832.

 

     (c) "Written instrument" means a money order, or a check,

 

cashier's check, or other negotiable instrument, as those terms are

 

defined in section 3104 of the uniform commercial code, 1962 PA

 

174, MCL 440.3104, in the name of the connected organization and

 

payable to the separate segregated fund.

 

     Sec. 57. (1) A public body or a person acting for a public


body shall not use or authorize the use of funds, personnel, office

 

space, computer hardware or software, property, stationery,

 

postage, vehicles, equipment, supplies, or other public resources

 

to make a contribution or expenditure or provide volunteer personal

 

services that are excluded from the definition of contribution

 

under section 4(3)(a). The prohibition under this subsection

 

includes, but is not limited to, using or authorizing the use of

 

public resources to establish or administer a payroll deduction

 

plan to directly or indirectly collect or deliver a contribution

 

to, or make an expenditure for, a committee. Advance payment or

 

reimbursement to a public body does not cure a use of public

 

resources otherwise prohibited by this subsection. This subsection

 

does not apply to any of the following:

 

     (a) The expression of views by an elected or appointed public

 

official who has policy making responsibilities.

 

     (b) Subject to subsection (3), the The production or

 

dissemination of factual information concerning issues relevant to

 

the function of the public body.

 

     (c) The production or dissemination of debates, interviews,

 

commentary, or information by a broadcasting station, newspaper,

 

magazine, or other periodical or publication in the regular course

 

of broadcasting or publication.

 

     (d) The use of a public facility owned or leased by, or on

 

behalf of, a public body if any candidate or committee has an equal

 

opportunity to use the public facility.

 

     (e) The use of a public facility owned or leased by, or on

 

behalf of, a public body if that facility is primarily used as a


family dwelling and is not used to conduct a fund-raising event.

 

     (f) An elected or appointed public official or an employee of

 

a public body who, when not acting for a public body but is on his

 

or her own personal time, is expressing his or her own personal

 

views, is expending his or her own personal funds, or is providing

 

his or her own personal volunteer services.

 

     (2) If the secretary of state commission has dismissed a

 

complaint filed under section 15(5) alleging that a public body or

 

person acting for a public body used or authorized the use of

 

public resources to establish or administer a payroll deduction

 

plan to collect or deliver a contribution to, or make an

 

expenditure for, a committee in violation of this section, or if

 

the secretary of state commission enters into a conciliation

 

agreement under section 15(10) that does not prevent a public body

 

or a person acting for a public body to use or authorize the use of

 

public resources to establish or administer a payroll deduction

 

plan to collect or deliver a contribution to, or make an

 

expenditure for, a committee in violation of this section, the

 

following apply:

 

     (a) The complainant or any other person who resides, or has a

 

place of business, in the jurisdiction where the use or

 

authorization of the use of public resources occurred may bring a

 

civil action against the public body or person acting for the

 

public body to seek declaratory, injunctive, mandamus, or other

 

equitable relief and to recover losses that a public body suffers

 

from the violation of this section.

 

     (b) If the complainant or any other person who resides, or has


a place of business, in the jurisdiction where the use or

 

authorization of the use of public resources occurred prevails in

 

an action initiated under this subsection, a court shall award the

 

complainant or any other person necessary expenses, costs, and

 

reasonable attorney fees.

 

     (c) Any amount awarded or equitable relief granted by a court

 

under this subsection may be awarded or granted against the public

 

body or an individual acting for the public body, or both, that

 

violates this section, as determined by the court.

 

     (d) A complainant or any other person who resides, or has a

 

place of business, in the jurisdiction where the use or

 

authorization of the use of public resources occurred may bring a

 

civil action under this subsection in any county in which venue is

 

proper. Process issued by a court in which an action is filed under

 

this subsection may be served anywhere in this state.

 

     (3) Except for an election official in the performance of his

 

or her duties under the Michigan election law, 1954 PA 116, MCL

 

168.1 to 168.992, a public body, or a person acting for a public

 

body, shall not, during the period 60 days before an election in

 

which a local ballot question appears on a ballot, use public funds

 

or resources for a communication by means of radio, television,

 

mass mailing, or prerecorded telephone message if that

 

communication references a local ballot question and is targeted to

 

the relevant electorate where the local ballot question appears on

 

the ballot.

 

     (3) (4) 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 1

 

year, or both, or if the person is not an individual, by 1 of the

 

following, whichever is greater:

 

     (a) A fine of not more than $20,000.00.

 

     (b) A fine equal to the amount of the improper contribution or

 

expenditure.

 

     Sec. 63. (1) The secretary of state commission shall receive

 

and keep a record of each candidate's certified statements of

 

qualifying contributions. A statement shall must include in

 

alphabetical order the full name and street address of each person

 

from whom a qualifying contribution is received during the

 

reporting period, together with the amount of each contribution and

 

the date received by the treasurer of the committee.

 

     (2) The secretary of state commission shall promptly notify a

 

candidate for nomination for governor when that candidate qualifies

 

under this act to receive moneys money from the state campaign

 

fund.

 

     (3) If a candidate desires to receive moneys money from the

 

state campaign fund and received notice of qualification for

 

funding under subsection (2), the candidate shall apply to the

 

secretary of state. commission. The candidate shall state the

 

amount of moneys money desired from the state campaign fund in the

 

application. The candidate shall state in the application for state

 

campaign fund money that the candidate and the candidate's

 

committee agree to adhere to expenditure limitations stated in

 

section 67.

 

     (4) The secretary of state commission shall determine the


maximum amount for which the candidate qualifies under this act.

 

The secretary of state commission shall forward information as to

 

this amount and the application for funding to the state treasurer.

 

     (5) The state treasurer shall issue a warrant drawn on the

 

state campaign fund for an amount equal to the maximum amount which

 

that the candidate is qualified to receive or the amount applied

 

for, whichever is less. The warrant shall not be issued before

 

January 1 of the year in which the election for governor is to be

 

held.

 

     Sec. 64. (1) A candidate in a primary election may obtain

 

funds money from the state campaign fund in an amount equal to

 

$2.00 for each $1.00 of qualifying contribution if the candidate

 

certifies to the secretary of state commission both of the

 

following:

 

     (a) That the candidate committee of the candidate received

 

$75,000.00 or more of qualifying contributions.

 

     (b) That the full name and address of each person making a

 

qualifying contribution is recorded by the candidate committee of

 

the candidate certifying. This requirement is in addition to and

 

not in lieu of any other requirements relating to the recording and

 

reporting of contributions.

 

     (2) A candidate is not entitled to funds money from the state

 

campaign fund for a primary election if it is determined the name

 

of the candidate is ineligible to appear on the primary election

 

ballot pursuant to under section 53 of the Michigan election law,

 

Act No. 116 of the Public Acts of 1954, as amended, being section

 

168.53 of the Michigan Compiled Laws. 1954 PA 116, MCL 168.53. A


candidate who does not file nominating petitions for the office of

 

governor or who files an insufficient petition for that office

 

shall return all funds money received from the state campaign fund

 

for that primary election.

 

     (3) A candidate shall not receive from the state campaign fund

 

for a primary more than $990,000.00.

 

     (4) For purposes of this section, primary election is the

 

election described in section 52 of Act No. 116 of the Public Acts

 

of 1954, as amended, being section 168.52 of the Michigan Compiled

 

Laws.the Michigan election law, 1954 PA 116, MCL 168.52.

 

     Sec. 65. (1) A major political party nominee is entitled to an

 

amount from the state campaign fund of not more than $1,125,000.00

 

for a general election. A candidate, subject to law, may raise the

 

remaining amount of the permissible expenditure limit in private

 

contributions. An eligible candidate in a general election may

 

elect to accept partial payment of money from the state campaign

 

fund and instead raise private contributions as provided by law

 

that, when added to the amount received from the state campaign

 

fund, do not exceed the expenditure limit designated in section 67.

 

     (2) A minor political party nominee whose party received 5% or

 

more of the vote for the same office in the last election is

 

entitled to an amount from the state campaign fund of not more than

 

$1,125,000.00, multiplied by the number of popular votes the minor

 

party received in the preceding general election for governor and

 

then divided by the average number of votes the major parties

 

received in that general election for governor.

 

     (3) A minor political party nominee not eligible under


subsection (2) but who receives more than 5% of the vote in that

 

general election for governor is entitled to reimbursement from the

 

state campaign fund in an amount of not more than $1,125,000.00,

 

multiplied by the number of popular votes the minor party received

 

in the preceding general election for governor and then divided by

 

the average number of votes the major parties received in that

 

general election for governor.

 

     (4) A minor political party nominee qualified under subsection

 

(2) who receives more popular votes in an election than the

 

candidate of that minor political party received at the preceding

 

election is entitled to additional reimbursement from the state

 

campaign fund in an amount determined as follows:

 

     (a) Compute the amount that the candidate would have received

 

under subsection (3) had the candidate otherwise qualified.

 

     (b) Subtract the amount received under subsection (2) from the

 

amount computed under subdivision (a).

 

     (5) A candidate listed on the ballot in the general election

 

is entitled to $1.00 for each $1.00 of qualifying contributions

 

certified to the secretary of state pursuant to commission under

 

this act up to $750,000.00, if the candidate has certified to the

 

secretary of state commission $75,000.00 or more in qualifying

 

contributions. A candidate who chooses to receive any public funds

 

money under this subsection shall not receive any money under

 

subsection (1), (2), (3), or (4).

 

     (6) A major political party nominee shall receive from the

 

state treasurer $56,250.00 of the funds money that the candidate

 

may be entitled to under this section not later than 10 days after


the primary election, unless there is less than a 2% difference in

 

vote totals of the top 2 primary election candidates of the same

 

political party according to unofficial vote totals available to

 

the secretary of state. commission. The balance of any funds money

 

owed to a major political party nominee under this section shall be

 

is payable by the state treasurer within 3 days after the board of

 

state canvassers' certification of the primary election results,

 

but not later than 30 days after the primary election. Any funds

 

money paid to a major political party nominee under this section

 

either erroneously or based on election results that are reversed

 

due to a recount or fraud shall must be repaid by that major

 

political party nominee to the state treasurer within 60 days of

 

receipt of notification by certified mail from the state treasurer.

 

     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 $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 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. As used in this

 

subsection, "immediate family" means an individual's father,

 

mother, son, daughter, brother, sister, and spouse and a relative

 

of any degree residing in the same household as that individual.

 

     (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 money 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 commission in

 

writing within 48 hours after receipt of this amount. Within 2

 

business days after receipt of this notice, the secretary of state

 

commission 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 money 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 times the

 

amount permitted a person other than an independent committee or

 

political party committee in subsection (1).