House Introduced Bill 6146

HOUSE BILL No. 6146

November 14, 2000, Introduced by Reps. Cherry, Lockwood and Brater and referred to the Committee on Constitutional Law
and Ethics.

A bill to amend 1976 PA 388, entitled

"Michigan campaign finance act,"

by amending sections 3, 7, 10, 11, and 12 (MCL 169.203, 169.207,

169.210, 169.211, and 169.212), section 3 as amended by 1989

PA 95, section 7 as amended by 1994 PA 385, section 11 as amended

by 1996 PA 590, and section 12 as amended by 1995 PA 264, and by

adding sections 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101,

103, 105, 107, 108, and 109.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 3. (1) "Candidate" means an individual WHO MEETS 1 OF

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THE FOLLOWING CRITERIA:

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(a) who files FILES a fee, AN affidavit of incumbency,

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or A nominating petition for an elective office, ; OR A

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DECLARATION OF INTENT UNDER SECTION 94.

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(b) whose nomination IS NOMINATED as a candidate for

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elective office by a political party caucus or convention AND THE

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NOMINATION is certified to the appropriate filing official. ;

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(c) who receives RECEIVES a contribution, makes an expen-

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diture, or gives consent for another person to receive a contri-

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bution or make an expenditure with a view to bringing about the

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individual's nomination or election to an elective office,

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whether or not the specific elective office for which the indi-

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vidual will seek nomination or election is known at the time the

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contribution is received or the expenditure is made. ; or

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(d) who is IS an officeholder who is the subject of a

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recall vote. Unless

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(E) HOLDS AN ELECTIVE OFFICE, UNLESS the officeholder is

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constitutionally or legally barred from seeking reelection or

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fails to file for reelection to that office by the applicable

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filing deadline. , an elected officeholder shall be AN INDIVID-

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UAL DESCRIBED IN THIS SUBDIVISION IS considered to be a candidate

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for reelection to that same office for the purposes of this act

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only.

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(2) For purposes of sections 61 to 71, "candidate" only

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means "CANDIDATE" MEANS, FOR PURPOSES OF SECTIONS 61 TO 71 ONLY,

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

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and, in a general election, a candidate for the office of gover-

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nor or lieutenant governor. However, FOR THE PURPOSES OF THIS

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SUBSECTION, the candidates for the office of governor and lieu-

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tenant governor of the same political party in a general election

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shall be considered as 1 candidate.

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(3) (2) "Candidate committee" means the committee

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designated in a candidate's filed statement of organization as

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that individual's candidate committee. A candidate committee

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shall be under the control and direction of the candidate named

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in the same statement of organization. Notwithstanding subsec-

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tion (4) (6), an individual shall form a candidate committee

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pursuant to UNDER section 21 when the individual becomes a can-

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didate under subsection (1).

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(4) "CERTIFIED CANDIDATE" MEANS A PARTICIPATING JUDICIAL

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CANDIDATE SEEKING ELECTION TO THE SUPREME COURT WHO IS CERTIFIED

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AS A CANDIDATE UNDER SECTION 97.

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(5) (3) "Closing date" means the date through which a cam-

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paign statement is required to be complete.

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(6) (4) "Committee" means a person who receives contribu-

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tions or makes expenditures for the purpose of influencing or

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attempting to influence the action of the voters for or against

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the nomination or election of a candidate, or the qualification,

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passage, or defeat of a ballot question, if contributions

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

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made total $500.00 or more in a calendar year. An individual,

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other than a candidate, does not constitute a committee. A

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person, other than a committee registered under this act, making

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an expenditure to a ballot question committee, shall for that

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reason, not be considered a committee for the purposes of this

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act unless the person solicits or receives contributions for the

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purpose of making an expenditure to that ballot question

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committee.

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Sec. 7. (1) "Filed" means the receipt by the appropriate

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filing official of a statement or report required to be filed

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under this act.

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(2) "Filer" means a person required to file a statement or

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report pursuant to UNDER this act.

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(3) "Filing official" means the official designated

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pursuant to UNDER this act to receive required statements and

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reports.

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(4) "FUND" MEANS THE PUBLIC CAMPAIGN FUND ESTABLISHED IN

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SECTION 92.

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(5) (4) "Fund raising event" means an event such as a

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dinner, reception, testimonial, rally, auction, bingo, or similar

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affair through which contributions are solicited or received by

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purchase of a ticket, payment of an attendance fee, making a

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donation, purchase of chances for prizes, or purchase of goods or

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services.

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(6) "FUNDING LAW" MEANS THE PUBLIC CAMPAIGN FUNDING LAW

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ALTERNATIVE CAMPAIGN FINANCE PROVISIONS CONTAINED IN SECTIONS 91

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TO 109.

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(7) (5) "Gift" means a payment, subscription, advance,

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forbearance, rendering, or deposit of money, services, or any-

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thing of value, unless consideration of equal or greater value is

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given in exchange.

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(8) (6) "Honorarium" means a payment of money to a person

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holding elective office as consideration for an appearance, a

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speech, an article, or any activity related to or associated with

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the performance of duties as an elected official. An honorarium

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does not include any of the following:

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(a) Reimbursement for the cost of transportation, accommoda-

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tions, or meals for the person.

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(b) Wages, salaries, other employee compensation, and

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expenses authorized to be paid by this state or a political sub-

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division of this state to the person holding elective office.

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(c) An award.

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Sec. 10. (1) "Major political party" means a political

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party qualified to have its name listed on the general election

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ballot whose candidate for governor received 25% or more of the

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popular vote cast in the preceding gubernatorial election. If

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only 1 political party received 25% or more of the popular vote

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cast for governor in the preceding gubernatorial election, then

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the political party with the second highest vote shall be

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deemed IS a major POLITICAL party.

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(2) "Minor political party" means a political party quali-

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fied to have its name listed on the general election ballot but

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which THAT does not qualify as a major POLITICAL party.

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(3) "Nominee" means an individual nominated to be a

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candidate.

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(4) "NONPARTICIPATING JUDICIAL CANDIDATE" MEANS A CANDIDATE

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SEEKING ELECTION TO THE SUPREME COURT WHO DOES NOT CHOOSE TO PAR-

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TICIPATE UNDER THE FUNDING LAW AND WHO IS NOT SEEKING TO BE A

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CERTIFIED CANDIDATE UNDER SECTION 97.

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Sec. 11. (1) "PARTICIPATING CONTRIBUTION" MEANS A

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CONTRIBUTION TO A PARTICIPATING JUDICIAL CANDIDATE THAT MEETS ALL

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OF THE FOLLOWING CRITERIA:

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(A) IS IN COMPLIANCE WITH THE CONTRIBUTION LIMITS IN SECTION

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52.

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(B) IS MADE DURING THE DESIGNATED PARTICIPATING CONTRIBUTION

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PERIOD.

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(C) IS OBTAINED WITH THE KNOWLEDGE AND APPROVAL OF THE PAR-

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TICIPATING JUDICIAL CANDIDATE.

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(D) IS ACKNOWLEDGED BY A WRITTEN RECEIPT THAT IDENTIFIES THE

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NAME AND ADDRESS OF THE CONTRIBUTOR ON FORMS PROVIDED BY THE SEC-

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RETARY OF STATE.

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(2) "PARTICIPATING CONTRIBUTION PERIOD" MEANS THE TIME

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PERIOD THAT BEGINS FEBRUARY 15 OF THE ELECTION YEAR AND ENDS AT

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5 P.M. ON AUGUST 1 OF THE ELECTION YEAR.

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(3) "PARTICIPATING JUDICIAL CANDIDATE" MEANS A CANDIDATE WHO

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IS SEEKING ELECTION TO THE SUPREME COURT WHO CHOOSES TO PARTICI-

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PATE UNDER THE FUNDING LAW AND WHO IS SEEKING TO BE A CERTIFIED

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CANDIDATE UNDER SECTION 97.

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(4) (1) "Person" means a business, individual, proprietor-

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ship, firm, partnership, joint venture, syndicate, business

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trust, labor organization, company, corporation, association,

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committee, or any other organization or group of persons acting

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jointly.

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(5) (2) "Political committee" means a committee that is

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not a candidate committee, political party committee, independent

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committee, or ballot question committee.

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(6) (3) "Political merchandise" means goods such as bumper

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stickers, pins, hats, beverages, literature, or other items sold

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by a person at a fund raiser or to the general public for public-

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ity or for the purpose of raising funds to be used in supporting

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or opposing a candidate for nomination for or election to an

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elective office or in supporting or opposing the qualification,

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passage, or defeat of a ballot question.

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(7) (4) "Political party" means a political party which

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THAT has a right under law to have the names of its candidates

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listed on the ballot in a general election.

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(8) (5) "Political party committee" means a state central,

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district, or county committee of a political party which THAT

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is a committee. Each state central committee shall designate the

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official party county and district committees. There shall not

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be more than 1 officially designated political party committee

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per county and per congressional district.

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(9) (6) "Public body" means 1 or more of the following:

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(a) A state agency, department, division, bureau, board,

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commission, council, authority, or other body in the executive

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branch of state government.

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(b) The legislature or an agency, board, commission, or

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council in the legislative branch of state government.

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(c) A county, city, township, village, intercounty, inter-

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city, or regional governing body; a council, school district,

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special district, or municipal corporation; or a board, depart-

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ment, commission, or council or an agency of a board, department,

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commission, or council.

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(d) Any other body that is created by state or local

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authority or is primarily funded by or through state or local

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authority, which IF THE body exercises governmental or propri-

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etary authority or performs a governmental or proprietary

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function.

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Sec. 12. (1) "Qualifying contribution" means a contribution

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of money made by a written instrument by an individual to the

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candidate committee of a candidate for the office of governor

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that is $100.00 or less and made after April 1 of the year pre-

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ceding a year in which a governor is to be elected. Not more

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than $100.00 of an individual's total aggregate contribution may

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be used as a qualifying contribution in any calendar year.

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Qualifying contribution does not include a subscription, loan,

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advance, deposit of money, in-kind contribution or expenditure,

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or anything else of value except as prescribed in this act.

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Qualifying contribution does not include a contribution by an

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individual who resides outside of this state. For purposes of

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this subsection, an individual is considered to reside in this

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state if he or she is considered a resident of this state under

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the Michigan election law, Act No. 116 of the Public Acts of

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1954, being sections 168.1 to 168.992 of the Michigan Compiled

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Laws 1954 PA 116, MCL 168.1 TO 168.992.

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(2) "Senate political party caucus committee" means an inde-

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pendent committee established by a political party caucus of the

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state senate under section 24a.

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(3) "State elective office" means the office of governor,

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lieutenant governor, secretary of state, attorney general,

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justice of the supreme court, member of the state board of

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education, regent of the university of Michigan, member of the

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board of trustees of Michigan state university, member of the

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board of governors of Wayne state university, and member of the

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state legislature.

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SEC. 91. (1) THIS SECTION AND SECTIONS 92 TO 109 SHALL BE

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KNOWN AND MAY BE CITED AS THE "PUBLIC CAMPAIGN FUNDING LAW".

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(2) THE PUBLIC CAMPAIGN FUNDING LAW ESTABLISHES AN ALTERNA-

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TIVE CAMPAIGN FINANCING OPTION AVAILABLE TO A PARTICIPATING JUDI-

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CIAL CANDIDATE RUNNING FOR THE SUPREME COURT WHO IS CERTIFIED AS

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A CERTIFIED CANDIDATE UNDER SECTION 97. THIS ALTERNATIVE CAM-

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PAIGN FINANCING OPTION IS AVAILABLE TO A CANDIDATE FOR AN ELEC-

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TION FOR THE SUPREME COURT HELD IN THIS STATE AFTER JANUARY 1,

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2001.

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(3) THE SECRETARY OF STATE AND THE DEPARTMENT OF TREASURY

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SHALL ADMINISTER THE PUBLIC CAMPAIGN FUNDING LAW. THE STATE

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TREASURER SHALL ADMINISTER THE FUND UNDER THIS ACT.

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SEC. 92. (1) THE PUBLIC CAMPAIGN FUND IS ESTABLISHED TO

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FINANCE THE ELECTION CAMPAIGNS OF CERTIFIED CANDIDATES SEEKING

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ELECTION TO THE SUPREME COURT. THE FUND SHALL PAY ADMINISTRATIVE

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COSTS OF THE DEPARTMENTS OF TREASURY AND STATE AND ENFORCEMENT

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COSTS OF THE DEPARTMENT OF STATE RELATED TO THE PUBLIC CAMPAIGN

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FUNDING LAW.

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(2) THE FUND IS A SPECIAL, DEDICATED, NONLAPSING FUND.

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INTEREST GENERATED BY THE FUND IS CREDITED TO THE FUND.

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(3) THE STATE TREASURER SHALL DEPOSIT ALL OF THE FOLLOWING

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INTO THE FUND:

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(A) REVENUE UNDER SECTION 93.

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(B) MONEY THAT WAS DISTRIBUTED TO A CERTIFIED CANDIDATE AND

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THAT REMAINS UNSPENT AFTER THE GENERAL ELECTION.

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(C) OTHER UNSPENT MONEY DISTRIBUTED TO A CERTIFIED CANDIDATE

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WHO DOES NOT REMAIN A CANDIDATE THROUGHOUT THE GENERAL ELECTION

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CYCLE.

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(D) VOLUNTARY DONATIONS MADE DIRECTLY TO THE FUND.

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(E) FINES COLLECTED UNDER SECTION 108.

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(4) ON OR BEFORE THE SEPTEMBER 1 IMMEDIATELY BEFORE AN ELEC-

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TION YEAR, THE SECRETARY OF STATE SHALL PUBLISH AN ESTIMATE OF

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REVENUE IN THE FUND AVAILABLE FOR DISTRIBUTION TO CERTIFIED CAN-

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DIDATES DURING THE UPCOMING YEAR'S ELECTIONS.

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SEC. 93. (1) AN INDIVIDUAL WHOSE TAX LIABILITY UNDER THE

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INCOME TAX ACT OF 1967, 1967 PA 281, MCL 206.1 TO 206.532, FOR A

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TAXABLE YEAR IS $3.00 OR MORE MAY DESIGNATE THAT $3.00 NOT BE

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CREDITED TO THE FUND. IN THE CASE OF A JOINT RETURN OF HUSBAND

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AND WIFE HAVING AN INCOME TAX LIABILITY OF $6.00 OR MORE, EACH

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SPOUSE MAY DESIGNATE THAT $3.00 NOT BE CREDITED TO THE MICHIGAN

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PUBLIC CAMPAIGN FUND. IF NO DESIGNATION IS MADE, THE STATE TREA-

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SURER SHALL CREDIT TO THE FUND $3.00 FOR AN INDIVIDUAL AND $6.00

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FOR A HUSBAND AND WIFE.

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(2) THE TAX DESIGNATION AUTHORIZED IN THIS SECTION SHALL BE

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CLEARLY AND UNAMBIGUOUSLY PRINTED ON THE FIRST PAGE OF THE STATE

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INDIVIDUAL INCOME TAX RETURN.

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(3) AN AMOUNT EQUAL TO THE CUMULATIVE AMOUNTS DESIGNATED

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UNDER SUBSECTION (1) EACH YEAR SHALL BE APPROPRIATED ANNUALLY

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FROM THE GENERAL FUND OF THIS STATE TO THE FUND TO BE AVAILABLE

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BEGINNING JANUARY 1 AND CONTINUING THROUGH DECEMBER 31 OF EACH

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ELECTION YEAR.

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SEC. 94. (1) TO BE ELIGIBLE FOR CERTIFICATION, A PARTICI-

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PATING JUDICIAL CANDIDATE SHALL MEET BOTH OF THE FOLLOWING

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REQUIREMENTS:

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(A) HE OR SHE SHALL ONLY COLLECT AND SPEND CONTRIBUTIONS

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DURING THE PARTICIPATING CONTRIBUTION PERIOD.

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(B) HE OR SHE SHALL NOT MAKE OR CAUSE AN EXPENDITURE TO BE

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MADE FROM PRIVATE MONEY DEPOSITED TO HIS OR HER CANDIDATE COMMIT-

10 TEE DURING THE CURRENT ELECTION CYCLE AND BEFORE FILING A DECLA-

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RATION OF INTENT UNDER SUBSECTION (3).

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(2) A CERTIFIED CANDIDATE SHALL NOT COLLECT OR SPEND PARTIC-

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IPATING CONTRIBUTIONS AFTER CERTIFICATION.

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(3) A PARTICIPATING CANDIDATE SHALL FILE A DECLARATION OF

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INTENT TO SEEK CERTIFICATION UNDER SECTION 97 AS A CANDIDATE AND

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TO COMPLY WITH THE REQUIREMENTS OF THE FUNDING LAW. USING FORMS

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AND PROCEDURES DEVELOPED BY THE SECRETARY OF STATE, THE CANDIDATE

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SHALL FILE THE DECLARATION OF INTENT WITH THE SECRETARY OF STATE

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BEFORE OR DURING THE PARTICIPATING CONTRIBUTION PERIOD, EXCEPT AS

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OTHERWISE PROVIDED BY RULE FOR A SPECIAL ELECTION, VACANCY,

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RECOUNT, WITHDRAWAL, OR REPLACEMENT. A PARTICIPATING JUDICIAL

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CANDIDATE SHALL FILE A DECLARATION OF INTENT BEFORE THE CANDIDATE

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COLLECTS PARTICIPATING CONTRIBUTIONS.

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SEC. 95. (1) AFTER BECOMING A CANDIDATE AND BEFORE BECOMING

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A CERTIFIED CANDIDATE, A PARTICIPATING JUDICIAL CANDIDATE SHALL

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NOT ACCEPT CONTRIBUTIONS EXCEPT FOR PARTICIPATING CONTRIBUTIONS.

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(2) AS 1 REQUIREMENT FOR BECOMING A CERTIFIED CANDIDATE, A

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PARTICIPATING JUDICIAL CANDIDATE SHALL OBTAIN PARTICIPATING

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CONTRIBUTIONS DURING THE PARTICIPATING CONTRIBUTION PERIOD IN THE

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AMOUNT OF $50,000.00 OR MORE.

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(3) A PAYMENT, GIFT, OR ANYTHING OF VALUE SHALL NOT BE GIVEN

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IN EXCHANGE FOR A PARTICIPATING CONTRIBUTION.

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SEC. 96. A PARTICIPATING JUDICIAL CANDIDATE SHALL SUBMIT A

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PARTICIPATING CONTRIBUTION AND EXPENDITURE REPORT TO THE SECRE-

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TARY OF STATE AFTER THE PARTICIPATING CONTRIBUTION PERIOD IN COM-

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PLIANCE WITH RULES PROMULGATED BY THE SECRETARY OF STATE.

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SEC. 97. (1) UPON RECEIPT OF A PARTICIPATING CONTRIBUTION

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AND EXPENDITURE REPORT BY A PARTICIPATING JUDICIAL CANDIDATE, THE

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SECRETARY OF STATE SHALL DETERMINE IF THE CANDIDATE HAS MET ALL

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OF THE FOLLOWING REQUIREMENTS FOR CERTIFICATION:

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(A) SIGNED AND FILED A DECLARATION OF INTENT TO PARTICIPATE

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UNDER THE PUBLIC CAMPAIGN FUNDING LAW.

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(B) COLLECTED PARTICIPATING CONTRIBUTIONS IN THE AMOUNT OF

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$50,000.00 OR MORE.

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(C) DID NOT ACCEPT CONTRIBUTIONS, EXCEPT FOR PARTICIPATING

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CONTRIBUTIONS.

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(D) DID NOT MAKE OR CAUSE AN EXPENDITURE TO BE MADE FROM

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PRIVATE MONEY DEPOSITED IN HIS OR HER CANDIDATE COMMITTEE DURING

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THE CURRENT ELECTION CYCLE AND BEFORE FILING A DECLARATION OF

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INTENT TO PARTICIPATE UNDER THE FUNDING LAW.

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(E) WAS NOMINATED AT A POLITICAL PARTY'S FALL CONVENTION AS

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PROVIDED BY SECTION 392 OF THE MICHIGAN ELECTION LAW, 1954

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PA 116, MCL 168.392, OR IS AN INCUMBENT SUPREME COURT JUSTICE WHO

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HAS FILED AN AFFIDAVIT OF CANDIDACY UNDER SECTION 392A OF THE

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MICHIGAN ELECTION LAW, 1954 PA 116, MCL 168.392A.

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(2) THE SECRETARY OF STATE SHALL CERTIFY A PARTICIPATING

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JUDICIAL CANDIDATE WHO COMPLIES WITH THE REQUIREMENTS OF THIS

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SECTION AS A CERTIFIED CANDIDATE AS SOON AS POSSIBLE AND NO LATER

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THAN 3 DAYS AFTER THE REQUIREMENTS OF SUBSECTION (1) ARE MET.

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THE SECRETARY OF STATE SHALL NOTIFY A CANDIDATE WHO HAS NOT COM-

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PLIED WITH THE REQUIREMENTS OF THIS SECTION THAT HE OR SHE IS

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BEING DENIED CERTIFICATION AS A CERTIFIED CANDIDATE AND THE REA-

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SONS FOR THAT DENIAL AS SOON AS POSSIBLE AND NO LATER THAN 3 DAYS

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AFTER THE SUBMISSION OF A PARTICIPATING CONTRIBUTION AND EXPENDI-

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TURE REPORT.

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SEC. 98. (1) A CERTIFIED CANDIDATE SHALL LIMIT THE CERTI-

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FIED CANDIDATE'S CAMPAIGN EXPENDITURES AND OBLIGATIONS, INCLUDING

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OUTSTANDING OBLIGATIONS, TO THE PARTICIPATING CONTRIBUTIONS

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RECEIVED DURING THE PARTICIPATING CONTRIBUTION PERIOD AND THE

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REVENUES DISTRIBUTED TO THE CERTIFIED CANDIDATE FROM THE FUND. A

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CERTIFIED CANDIDATE SHALL NOT ACCEPT A CONTRIBUTION AFTER THE

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CONCLUSION OF THE PARTICIPATING CONTRIBUTION PERIOD UNLESS SPE-

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CIFICALLY AUTHORIZED BY THE SECRETARY OF STATE.

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(2) A CERTIFIED CANDIDATE SHALL USE THE MONEY UNDER

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SUBSECTION (1) ONLY FOR CAMPAIGN-RELATED PURPOSES PERMITTED BY

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THE SECRETARY OF STATE PROCEDURES. THE SECRETARY OF STATE SHALL

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PUBLISH PROCEDURES OUTLINING PERMISSIBLE CAMPAIGN-RELATED

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EXPENDITURES.

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SEC. 99. (1) THE SECRETARY OF STATE SHALL DIRECT THE STATE

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TREASURER TO DISTRIBUTE TO CERTIFIED CANDIDATES MONEY IN AMOUNTS

3
DETERMINED UNDER SECTION 100 WITHIN 3 DAYS AFTER CERTIFICATION.

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(2) THE STATE TREASURER MAY DISTRIBUTE MONEY FROM THE FUND

5
TO CERTIFIED CANDIDATES UNDER THIS SECTION BY ANY MECHANISM THAT

6
IS EXPEDITIOUS, ENSURES ACCOUNTABILITY, AND SAFEGUARDS THE INTEG-

7
RITY OF THE FUND.

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SEC. 100. (1) ON OR BEFORE JULY 1, 2001, AND ON OR BEFORE

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JULY 1 OF EACH SECOND YEAR AFTER 2001 IN WHICH THERE IS A CON-

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TESTED ELECTION FOR SUPREME COURT JUSTICE, THE SECRETARY OF STATE

11
SHALL DETERMINE THE AMOUNT OF MONEY TO BE DISTRIBUTED TO EACH

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CERTIFIED CANDIDATE. THE AMOUNT IS THE AVERAGE AMOUNT OF CAM-

13
PAIGN EXPENDITURES MADE BY EACH CANDIDATE DURING CONTESTED GEN-

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ERAL ELECTION RACES FOR THE 2 GENERAL ELECTIONS IMMEDIATELY

15
BEFORE THE CURRENT GENERAL ELECTION, AS REPORTED IN THE INITIAL

16
FILING PERIOD AFTER THE GENERAL ELECTION, FOR THE ELECTION FOR

17
SUPREME COURT.

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(2) IF THE 2 ELECTION CYCLES IMMEDIATELY BEFORE THE CURRENT

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ELECTION CYCLE DO NOT CONTAIN SUFFICIENT ELECTORAL DATA, THE SEC-

20
RETARY OF STATE SHALL USE INFORMATION FROM THE MOST RECENT APPLI-

21
CABLE ELECTIONS.

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SEC. 101. (1) IF A CAMPAIGN STATEMENT OR REPORT FILED BY A

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PARTICIPATING JUDICIAL CANDIDATE'S COMMITTEE SHOWS AN AMOUNT

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EXCEEDING THE DISTRIBUTION AMOUNT UNDER SECTION 100 COMBINED WITH

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PARTICIPATING CONTRIBUTIONS COLLECTED DURING THE PARTICIPATING

26
CONTRIBUTION PERIOD, THE SECRETARY OF STATE SHALL IMMEDIATELY

27
ISSUE TO EACH OPPOSING CERTIFIED CANDIDATE AN ADDITIONAL AMOUNT

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EQUIVALENT TO THE REPORTED EXCESS. TO DETERMINE THE AMOUNT OF

2
THE EXCESS AMOUNT, THE SECRETARY OF STATE SHALL ADD THE GREATER

3
OF THE SUM OF A CANDIDATE'S EXPENDITURES AND OBLIGATIONS OR MONEY

4
RAISED AND BORROWED TO INDEPENDENT EXPENDITURES REPORTED UNDER

5
SECTION 51.

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(2) AN ADDITIONAL AMOUNT PROVIDED TO AN OPPOSING CERTIFIED

7
CANDIDATE UNDER THIS SECTION IS LIMITED TO 3 TIMES THE AMOUNT

8
ORIGINALLY DISTRIBUTED UNDER SECTION 100.

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SEC. 103. (1) A CERTIFIED OR PARTICIPATING JUDICIAL CANDI-

10
DATE SHALL REPORT ALL MONEY COLLECTED AND EACH CAMPAIGN EXPENDI-

11
TURE, OBLIGATION, AND RELATED ACTIVITY TO THE SECRETARY OF STATE

12
ACCORDING TO PROCEDURES DEVELOPED BY THE SECRETARY OF STATE.

13
UPON THE FILING OF A FINAL REPORT AFTER THE GENERAL ELECTION, THE

14
CANDIDATE SHALL RETURN ALL UNSPENT MONEY TO THE SECRETARY OF

15
STATE FOR DEPOSIT IN THE FUND.

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(2) IN DEVELOPING THE PROCEDURES UNDER SUBSECTION (1), THE

17
SECRETARY OF STATE SHALL UTILIZE EXISTING CAMPAIGN REPORTING PRO-

18
CEDURES, WHENEVER PRACTICABLE. THE SECRETARY OF STATE SHALL

19
ENSURE TIMELY PUBLIC ACCESS TO CAMPAIGN FINANCE DATA AND MAY UTI-

20
LIZE ELECTRONIC MEANS OF REPORTING AND STORING INFORMATION. THE

21
SECRETARY OF STATE SHALL DEVELOP AND MAKE AVAILABLE TO A CERTI-

22
FIED OR PARTICIPATING JUDICIAL CANDIDATE THE NECESSARY SOFTWARE

23
FOR FILING THE REPORTS REQUIRED UNDER THE PUBLIC CAMPAIGN FUNDING

24
LAW BY ELECTRONIC MEANS.

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SEC. 105. (1) A CANDIDATE WHO IS DENIED CERTIFICATION AS A

26
CERTIFIED CANDIDATE OR THE OPPONENT OF A CANDIDATE WHO IS GRANTED

27
CERTIFICATION AS A CERTIFIED CANDIDATE MAY CHALLENGE A

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CERTIFICATION DECISION BY THE SECRETARY OF STATE. A CHALLENGE

2
SHALL BE CONDUCTED IN ACCORDANCE WITH THE FOLLOWING PROCEDURE:

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(A) THE CHALLENGER SHALL APPEAL TO THE SECRETARY OF STATE

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WITHIN 3 DAYS AFTER THE CERTIFICATION DECISION. THE CHALLENGER

5
SHALL APPEAL IN WRITING AND SHALL SET FORTH THE REASONS FOR THE

6
APPEAL.

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(B) WITHIN 5 DAYS AFTER AN APPEAL IS PROPERLY MADE AND AFTER

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NOTICE IS GIVEN TO THE CHALLENGER AND EACH OPPONENT, THE SECRE-

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TARY OF STATE SHALL HOLD A HEARING. THE CHALLENGER HAS THE

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BURDEN OF PROVIDING EVIDENCE TO DEMONSTRATE THAT THE SECRETARY OF

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STATE'S DECISION WAS IMPROPER. THE SECRETARY OF STATE SHALL RULE

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ON THE APPEAL WITHIN 3 DAYS AFTER THE COMPLETION OF THE HEARING.

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(C) A CHALLENGER MAY APPEAL THE DECISION OF THE SECRETARY OF

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STATE UNDER SUBDIVISION (B) BY COMMENCING AN ACTION IN THE COURT

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OF CLAIMS.

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(D) A CANDIDATE WHOSE DETERMINATION BY THE SECRETARY OF

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STATE AS A CERTIFIED CANDIDATE IS REVOKED ON APPEAL SHALL RETURN

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TO THE SECRETARY OF STATE ALL UNSPENT MONEY DISTRIBUTED FROM THE

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FUND.

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(E) IF THE SECRETARY OF STATE OR COURT OF CLAIMS FINDS THAT

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AN APPEAL WAS MADE FRIVOLOUSLY OR TO CAUSE DELAY OR HARDSHIP, THE

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SECRETARY OF STATE OR COURT MAY REQUIRE THE MOVING PARTY TO PAY

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COSTS OF THE SECRETARY OF STATE, COURT, AND EACH OPPOSING PARTY,

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IF ANY.

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(2) THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306,

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MCL 24.201 TO 24.328, APPLIES TO THIS SECTION.

03491'99
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1
SEC. 107. THE SECRETARY OF STATE SHALL ADOPT RULES UNDER

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THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306,

3
MCL 24.201 TO 24.328, TO ENSURE EFFECTIVE ADMINISTRATION OF THE

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FUNDING LAW. THE SECRETARY OF STATE SHALL ADOPT RULES INCLUDING,

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BUT NOT LIMITED TO, PROCEDURES FOR ALL OF THE FOLLOWING:

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(A) OBTAINING PARTICIPATING CONTRIBUTIONS.

7
(B) CERTIFICATION AS A FUNDING LAW CANDIDATE.

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(C) CIRCUMSTANCES INVOLVING A SPECIAL ELECTION, VACANCY,

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RECOUNT, WITHDRAWAL, OR REPLACEMENT.

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(D) COLLECTION OF MONEY FOR THE FUND.

11
(E) DISTRIBUTION OF MONEY TO A CERTIFIED CANDIDATE.

12
(F) RETURN OF AN UNSPENT FUND DISBURSEMENT.

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(G) COMPLIANCE WITH THE FUNDING LAW.

14
SEC. 108. (1) A PERSON WHO VIOLATES A PROVISION OF THE

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FUNDING LAW IS SUBJECT TO A CIVIL FINE NOT TO EXCEED $10,000.00

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PER VIOLATION. THIS SANCTION IS RECOVERABLE IN A CIVIL ACTION.

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A FINE PAID UNDER THIS SECTION SHALL BE DEPOSITED IN THE FUND.

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(2) IN ADDITION TO A FINE, FOR GOOD CAUSE SHOWN, A CERTIFIED

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CANDIDATE FOUND IN VIOLATION OF THE FUNDING LAW MAY BE REQUIRED

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TO REIMBURSE THE FUND FOR ALL MONEY DISTRIBUTED TO THE CERTIFIED

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CANDIDATE FROM THE FUND.

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(3) IF THE SECRETARY OF STATE MAKES A DETERMINATION THAT A

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VIOLATION OF THE FUNDING LAW HAS OCCURRED, THE SECRETARY OF STATE

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SHALL ASSESS A FINE AND TRANSMIT THE FINDING TO THE ATTORNEY GEN-

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ERAL FOR A DECISION REGARDING PROSECUTION.

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(4) A PERSON WHO KNOWINGLY VIOLATES THE FUNDING LAW OR RULES

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PROMULGATED BY THE SECRETARY OF STATE OR WHO KNOWINGLY MAKES A

03491'99
18

1
FALSE STATEMENT IN A REPORT REQUIRED BY THE FUNDING LAW IS GUILTY

2
OF A MISDEMEANOR PUNISHABLE, IF THE PERSON IS AN INDIVIDUAL, BY A

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FINE OF NOT MORE THAN $1,000.00 OR IMPRISONMENT FOR NOT MORE THAN

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90 DAYS, OR BOTH, OR, IF THE PERSON IS NOT AN INDIVIDUAL, BY A

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FINE OF NOT MORE THAN $10,000.00. IF THE PERSON DESCRIBED IN

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THIS SUBSECTION IS A CERTIFIED CANDIDATE, THAT PERSON SHALL REIM-

7
BURSE THE FUND FOR ALL MONEY DISTRIBUTED TO THE CERTIFIED

8
CANDIDATE.

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(5) THE PENALTIES AND REMEDIES UNDER THE FUNDING LAW ARE

10
CUMULATIVE AND INDEPENDENT AND THE USE OF PENALTIES OR REMEDIES,

11
OR BOTH, UNDER THE FUNDING LAW DOES NOT PROHIBIT THE PROSECUTION

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OF, OR AN ACTION TO RECOVER DAMAGES FOR, CONDUCT PROSCRIBED UNDER

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THE FUNDING LAW OR ANOTHER APPLICABLE LAW.

14
SEC. 109. ON OR BEFORE JANUARY 30, 2002, AND ON OR BEFORE

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JANUARY 30 IN EVERY SECOND YEAR AFTER 2002, THE SECRETARY OF

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STATE SHALL PREPARE FOR THE HOUSE OVERSIGHT COMMITTEE AND THE

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SENATE GOVERNMENT OPERATIONS COMMITTEE A REPORT DOCUMENTING,

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EVALUATING, AND MAKING RECOMMENDATIONS RELATING TO THE ADMINIS-

19
TRATION, IMPLEMENTATION, AND ENFORCEMENT OF THE FUNDING LAW AND

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THE FUND.

03491'99 Final page. CAS