HOUSE BILL No. 4711 April 29, 1997, Introduced by Reps. Willard, Scott, Gire, LaForge, DeHart, Walberg, Mans, Callahan, Bogardus, Goschka, Ciaramitaro, Gubow, Brater and Wojno and referred to the Committee on House Oversight and Ethics. A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," (MCL 169.201 to 169.282) by adding sections 48 and 48a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 48. (1) THIS SECTION AND SECTION 48A SHALL BE KNOWN 2 AND MAY BE CITED AS THE "MICHIGAN CLEAN CAMPAIGN ACT OF 1997". 3 (2) A CANDIDATE, INDEPENDENT, POLITICAL, POLITICAL PARTY, OR 4 BALLOT QUESTION COMMITTEE THAT PAYS FOR A RADIO, TELEVISION, OR 5 PRINT ADVERTISEMENT THAT REFERS, DIRECTLY OR INDIRECTLY, TO A 6 CANDIDATE OR BALLOT QUESTION SHALL PREPARE AN AFFIDAVIT RELATING 7 TO THAT ADVERTISEMENT AND FILE THE AFFIDAVIT AT THE SAME TIME AND 8 IN THE SAME MANNER AS A CAMPAIGN STATEMENT OF THAT COMMITTEE. 9 THE AFFIDAVIT SHALL CONTAIN A STATEMENT THAT, TO THE BEST 10 KNOWLEDGE OF THE PERSON SIGNING THE AFFIDAVIT, THE INFORMATION IN 11 THE ADVERTISEMENT IS TRUE AND CORRECT. THE AFFIDAVIT SHALL BE 00976'97 * KKR 2 1 SIGNED BY THE CANDIDATE OF A CANDIDATE COMMITTEE, THE CHAIRPERSON 2 OF A POLITICAL PARTY COMMITTEE, OR THE TREASURER OR OTHER INDI- 3 VIDUAL DESIGNATED AS RESPONSIBLE FOR THE RECORD KEEPING, REPORT 4 PREPARATION, OR REPORT FILING OF AN INDEPENDENT COMMITTEE, POLIT- 5 ICAL COMMITTEE, OR BALLOT QUESTION COMMITTEE. A COPY OF THE 6 AFFIDAVIT SHALL BE DELIVERED TO THE RADIO STATION, TELEVISION 7 STATION, OR PUBLISHER AT THE TIME THE COMMITTEE PLACES THE ORDER 8 FOR THE ADVERTISEMENT. A CANDIDATE, TREASURER, OR OTHER INDIVID- 9 UAL DESIGNATED AS RESPONSIBLE FOR THE RECORD KEEPING, REPORT 10 PREPARATION, OR REPORT FILING FOR A COMMITTEE WHO FAILS TO FILE 11 OR DELIVER AN AFFIDAVIT REQUIRED UNDER THIS SUBSECTION IS SUBJECT 12 TO A CIVIL FINE OF NOT MORE THAN $1,000.00. A PERSON WHO KNOW- 13 INGLY SIGNS A FALSE AFFIDAVIT THAT IS REQUIRED UNDER THIS SUBSEC- 14 TION IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT MORE 15 THAN $1,000.00, OR IMPRISONMENT FOR NOT MORE THAN 90 DAYS, OR 16 BOTH. 17 (3) IF A CANDIDATE COMMITTEE OF A CANDIDATE WHO RECEIVES 18 FUNDS FROM THE STATE CAMPAIGN FUND PAYS FOR A RADIO ADVERTISEMENT 19 THAT REFERS, DIRECTLY OR INDIRECTLY, TO ANOTHER CANDIDATE FOR 20 GOVERNOR, THAT REFERENCE SHALL BE MADE DIRECTLY BY THE CANDIDATE 21 WHO RECEIVES FUNDS FROM THE STATE CAMPAIGN FUND. IF A CANDIDATE 22 COMMITTEE OF A CANDIDATE WHO RECEIVES FUNDS FROM THE STATE CAM- 23 PAIGN FUND PAYS FOR A TELEVISION ADVERTISEMENT THAT REFERS, 24 DIRECTLY OR INDIRECTLY, TO ANOTHER CANDIDATE FOR GOVERNOR, THAT 25 REFERENCE SHALL BE MADE DIRECTLY ON CAMERA BY THE CANDIDATE WHO 26 RECEIVES FUNDS FROM THE STATE CAMPAIGN FUND. A CANDIDATE WHO 27 RECEIVES FUNDS FROM THE STATE CAMPAIGN FUND WHO VIOLATES THIS 00976'97 * 3 1 SECTION SHALL RETURN TO THE STATE CAMPAIGN FUND THE AMOUNT 2 ATTRIBUTABLE TO THE COSTS OF THE ADVERTISEMENT THAT DOES NOT 3 COMPLY WITH THIS SUBSECTION. 4 (4) A MEDIA CONSULTANT THAT KNOWINGLY PRODUCES AN ADVERTISE- 5 MENT FOR A COMMITTEE THAT IS FALSE OR VIOLATES SUBSECTION (3) IS 6 SUBJECT TO A CIVIL FINE OF NOT MORE THAN $1,000.00. A MEDIA CON- 7 SULTANT THAT CAUSES THE BROADCAST OR PUBLICATION OF AN ADVERTISE- 8 MENT FOR A COMMITTEE THAT IS FALSE OR VIOLATES SUBSECTION (3) IS 9 SUBJECT TO A CIVIL FINE OF NOT MORE THAN $1,000.00 FOR EACH 10 BROADCAST OR PUBLICATION OF THAT ADVERTISEMENT. 11 (5) THE SANCTIONS UNDER THIS SECTION ARE CUMULATIVE AND DO 12 NOT PROHIBIT AN ACTION TO RECOVER DAMAGES FOR CONDUCT PROSCRIBED 13 UNDER THIS SECTION UNDER ANY OTHER APPLICABLE LAW. 14 SEC. 48A. (1) A CANDIDATE MAY SUBSCRIBE TO THE CODE OF FAIR 15 CAMPAIGN PRACTICES PRESCRIBED IN SUBSECTION (2). A CANDIDATE WHO 16 SUBSCRIBES TO THE CODE OF FAIR CAMPAIGN PRACTICES SHALL FOLLOW 17 THE BASIC PRINCIPLES OF DECENCY, HONESTY, AND FAIR PLAY IN ORDER 18 TO ENCOURAGE HEALTHY COMPETITION AND OPEN DISCUSSION OF THE 19 ISSUES OR CANDIDATE QUALIFICATIONS AND DISCOURAGE PRACTICES THAT 20 CLOUD THE ISSUES OR UNFAIRLY ATTACK OPPONENTS. 21 (2) AT THE TIME A CANDIDATE COMMITTEE FILES ITS STATEMENT OF 22 ORGANIZATION, THE FILING OFFICIAL SHALL GIVE THE CANDIDATE COM- 23 MITTEE A BLANK FORM OF THE CODE OF FAIR CAMPAIGN PRACTICES AND A 24 COPY OF THE PROVISIONS OF THIS SECTION. THE FILING OFFICIAL 25 SHALL INFORM EACH CANDIDATE COMMITTEE THAT SUBSCRIPTION TO THE 26 CODE IS VOLUNTARY. THE TEXT OF THE CODE IS AS FOLLOWS: 00976'97 * 4 1 "CODE OF FAIR CAMPAIGN PRACTICES 2 THERE ARE BASIC PRINCIPLES OF DECENCY, HONESTY, AND FAIR 3 PLAY THAT EVERY CANDIDATE FOR PUBLIC OFFICE IN THIS STATE HAS A 4 MORAL OBLIGATION TO OBSERVE AND UPHOLD, IN ORDER THAT, AFTER VIG- 5 OROUSLY CONTESTED BUT FAIRLY CONDUCTED CAMPAIGNS, OUR CITIZENS 6 MAY EXERCISE THEIR CONSTITUTIONAL RIGHT TO A FREE AND UNTRAMMELED 7 CHOICE AND THE WILL OF THE PEOPLE MAY BE FULLY AND CLEARLY 8 EXPRESSED ON THE ISSUES. 9 THEREFORE: 10 (1) I WILL CONDUCT MY CAMPAIGN OPENLY AND PUBLICLY, AND 11 LIMIT ATTACKS ON MY OPPONENT TO LEGITIMATE CHALLENGES TO HIS OR 12 HER RECORD. 13 (2) I WILL NOT USE OR PERMIT THE USE OF CHARACTER DEFAMA- 14 TION, WHISPERING CAMPAIGNS, LIBEL, SLANDER, OR SCURRILOUS ATTACKS 15 ON A CANDIDATE OR HIS OR HER PERSONAL OR FAMILY LIFE. 16 (3) I WILL NOT USE OR PERMIT AN APPEAL TO NEGATIVE PREJUDICE 17 BASED ON RACE, SEX, SEXUAL ORIENTATION, RELIGION, OR NATIONAL 18 ORIGIN. 19 (4) I WILL NOT USE CAMPAIGN MATERIAL OF ANY SORT THAT MIS- 20 REPRESENTS, DISTORTS, OR OTHERWISE FALSIFIES THE FACTS, AND I 21 WILL NOT USE MALICIOUS OR UNFOUNDED ACCUSATIONS THAT AIM AT CRE- 22 ATING OR EXPLOITING DOUBTS, WITHOUT JUSTIFICATION, AS TO THE PER- 23 SONAL INTEGRITY OR PATRIOTISM OF MY OPPONENT. 24 (5) I WILL NOT UNDERTAKE OR CONDONE ANY DISHONEST OR UNETHI- 25 CAL PRACTICE THAT TENDS TO CORRUPT OR UNDERMINE OUR AMERICAN 00976'97 * 5 1 SYSTEM OF FREE ELECTIONS OR THAT HAMPERS OR PREVENTS THE FULL AND 2 FREE EXPRESSION OF THE WILL OF THE VOTERS. 3 (6) I WILL DEFEND AND UPHOLD THE RIGHT OF EVERY QUALIFIED 4 AMERICAN VOTER TO FULL AND EQUAL PARTICIPATION IN THE ELECTORAL 5 PROCESS. 6 (7) I WILL IMMEDIATELY AND PUBLICLY REPUDIATE METHODS AND 7 TACTICS THAT MAY COME FROM OTHERS THAT I HAVE PLEDGED NOT TO USE 8 OR CONDONE. I WILL TAKE FIRM ACTION AGAINST A SUBORDINATE WHO 9 VIOLATES THIS CODE OR THE LAWS GOVERNING ELECTIONS. 10 I, THE UNDERSIGNED, CANDIDATE FOR ELECTION TO PUBLIC OFFICE 11 IN THIS STATE, DO VOLUNTARILY ENDORSE, SUBSCRIBE TO, AND SOLEMNLY 12 PLEDGE MYSELF TO CONDUCT MY CAMPAIGN PURSUANT TO THE ABOVE PRIN- 13 CIPLES AND PRACTICES. 14 ____________________ _______________________________ 15 DATE SIGNATURE" 16 (3) THE SECRETARY OF STATE SHALL PRINT, OR CAUSE TO BE 17 PRINTED, COPIES OF THE CODE OF FAIR CAMPAIGN PRACTICES. THE SEC- 18 RETARY OF STATE SHALL SUPPLY THE FORMS TO THE COUNTY CLERKS IN 19 QUANTITIES AND AT TIMES REQUESTED BY THE CLERKS. 20 (4) THE SECRETARY OF STATE AND THE COUNTY CLERKS SHALL 21 ACCEPT, AT ALL TIMES BEFORE AN ELECTION, A COMPLETED COPY OF THE 22 CODE OF FAIR CAMPAIGN PRACTICES THAT IS PROPERLY SUBSCRIBED TO BY 23 A CANDIDATE AND SHALL RETAIN THEM FOR PUBLIC INSPECTION UNTIL 30 24 DAYS AFTER THE ELECTION. 25 (5) A COPY OF THE CODE OF FAIR CAMPAIGN PRACTICES SUBSCRIBED 26 TO BY A CANDIDATE AND FILED PURSUANT TO THIS SECTION IS A PUBLIC 00976'97 * 6 1 RECORD SUBJECT TO DISCLOSURE UNDER THE FREEDOM OF INFORMATION 2 ACT, 1976 PA 442, MCL 15.231 TO 15.246. 3 (6) A CANDIDATE WHO HAS FILED A COPY OF THE CODE OF FAIR 4 CAMPAIGN PRACTICES MAY SO INDICATE ON ANY CAMPAIGN LITERATURE OR 5 ADVERTISING IN A FORM TO BE DETERMINED BY THE SECRETARY OF 6 STATE. A CANDIDATE WHO HAS FILED A COPY OF THE CODE OF FAIR CAM- 7 PAIGN PRACTICES MAY INDICATE ON ANY CAMPAIGN LITERATURE OR ADVER- 8 TISING THAT HIS OR HER OPPONENT HAS NOT FILED A COPY OF THE CODE 9 OF FAIR CAMPAIGN PRACTICES IN A FORM TO BE DETERMINED BY THE SEC- 10 RETARY OF STATE. 00976'97 * Final page. KKR