BillCam

SENATE BILL No. 281

March 29, 2017, Introduced by Senators BIEDA, HOPGOOD, CONYERS, JOHNSON, HERTEL, GREGORY and YOUNG and referred to the Committee on Elections and Government Reform.

A bill to amend 1976 PA 388, entitled

"Michigan campaign finance act,"

by amending sections 3 and 26 (MCL 169.203 and 169.226), section 3

as amended by 2012 PA 273 and section 26 as amended by 2013 PA 252.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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.

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 shall be 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 shall be under the

control and direction of the candidate named in the same statement

of organization. Notwithstanding subsection (4), 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) "Committee" means a person who 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.

Committee includes a political organization recognized by the

internal revenue service under 26 USC 527 that has an officer,

director, board member, or trustee who is a resident of this state.

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, shall

not, for that reason, be considered a committee 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.

Sec. 26. (1) A campaign statement of a committee, other than a

political party committee, required by this act shall 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, 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 shall not be included in the totals. Payment of a loan by

a third party shall must be recorded and reported as an in-kind

contribution by the third party. In-kind contributions or

expenditures shall must be listed at fair market value and shall be

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.

of the period covered by the campaign statement.

(d) The following information regarding each fund-raising

event shall 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 shall must be

stated if the individual's cumulative contributions are more than

$100.00. For contributions of $5.00 or less by an individual to a

political committee or independent committee, the secretary of

state shall accept for filing any written communication from the

political committee or independent committee that contains the

information otherwise required under this subsection. Any such

written communication 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 shall 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 shall 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 of $50.00 or less

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 totaling more than $50.00 were made, together with the

amount of each separate expenditure to each person during the

period covered by the campaign statement; the purpose of the

expenditure; the full name and street address of the person

providing the consideration for which any expenditure 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, shall must be apportioned

reasonably among the candidates or ballot questions, or both.

(k) For a candidate committee of a candidate who controls or

directs a political organization recognized by the internal revenue

service under 26 USC 527, all donors, contributions, and

expenditures of that political organization. A candidate controls

or directs a political organization if any director, officer, or

board member of the political organization is employed by or serves

as an agent to the candidate, as determined by the totality of the

circumstances.

(2) A candidate committee or ballot question committee shall

report all cumulative amounts required by this section on a per

election cycle basis. Except for subsection (1)(j), an independent

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, shall must include an

itemized list of all expenditures during the reporting period for

election day busing of electors to the polls, get-out-the-vote

activities, slate cards, challengers, poll watchers, and poll

workers.

(4) For a reporting period in which a contribution is received

that is to be part of a bundled contribution or a reporting period

in which a bundled contribution is delivered to the candidate

committee of a candidate for statewide elective office, a bundling

committee shall report to the secretary of state, on a form

provided by the secretary of state, all of the following

information, as applicable, about each contribution received or

delivered as part of a bundled contribution, and about each bundled

contribution delivered, in the reporting period:

(a) The amount of each contribution, the date it was received

by the bundling committee, and the candidate for statewide elective

office whom the contributor designated as the intended recipient.

(b) Each contributor's name and address and, for each

contribution exceeding $100.00, the contributor's occupation,

employer, and principal place of business.

statewide elective office candidate committee.

(d) The total amount of bundled contributions delivered to

that candidate committee during the reporting period and during the

election cycle.

(5) With its delivery of a bundled contribution to the

candidate committee of a candidate for statewide elective office, a

bundling committee shall deliver a report to that candidate

committee, on a form provided by the secretary of state, that

includes all of the following information, as applicable, about

each contribution delivered as part of the bundled contribution,

and about all bundled contributions delivered to that candidate

committee in the election cycle:

(a) The amount of each contribution, the date it was received

by the bundling committee, and the statewide elective office

candidate the contributor designated as the intended recipient.

(b) Each contributor's name and address and, for each

contribution exceeding $100.00, the contributor's occupation,

employer, and principal place of business.

that candidate committee during the reporting period and during the

election cycle.

(6) For a reporting period in which a bundled contribution is

received, a candidate committee of a candidate for statewide

elective office shall report to the secretary of state, on a form

provided by the secretary of state, all of the following

information, as applicable, about each contribution delivered as

part of a bundled contribution received in the reporting period and

about all bundled contributions received by that candidate

committee:

(a) The amount of each contribution, the date it was received

by the candidate committee, and the name of the bundling committee

that delivered the contribution.

(b) Each contributor's name and address and, for each

contribution exceeding $100.00, the contributor's occupation,

employer, and principal place of business.

candidate committee during the reporting period and during the

election cycle.