SENATE BILL No. 1250
November 29, 2018, Introduced by Senator ROBERTSON and referred to the Committee on Elections and Government Reform.
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) The governor shall appoint members to the commission
within 30 days after receiving the lists under subsection (2)(a)
and (b).
(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 occurs on the commission, the governor shall
make an appointment for the unexpired term in the same manner as
the original appointment.
(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. 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. A member
of the commission shall receive $75.00 for each day's actual
physical attendance at a meeting of the commission. 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).