April 28, 2005, Introduced by Reps. Gosselin, Garfield, Shaffer, Stahl, Marleau and Sheen and referred to the Committee on House Oversight, Elections, and Ethics.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending sections 24, 33, and 35 (MCL 169.224, 169.233, and
169.235), section 24 as amended by 1999 PA 237, section 33 as
amended by 1999 PA 238, and section 35 as amended by 2000 PA 75.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 statement of
organization shall be filed within 10 days after a 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 shall 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 by subsection (1)
shall include the following information:
(a) The name, street address, and if available, the telephone
number of the committee. If a committee is a candidate committee,
the committee name shall 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 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 not statewide,
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, 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. An independent
committee or political committee whose name does not include the
name of the person or persons that sponsor the committee or with
whom the committee is affiliated as required by subsection (3)
shall file an amendment to the committee's statement of
organization not later than the date the next campaign statement is
required
to be filed after the effective date of the amendatory
act
that added this sentence April
1, 1995.
(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
$3,000.00 or expend an amount in excess of $1,000.00
$3,000.00.
(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 $3,000.00.
(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 shall be accomplished pursuant to rules
promulgated by the secretary of state 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
pursuant
to subsection (5) shall not be is not required to file a
dissolution statement pursuant to subsection (7) if the committee
failed
to receive or expend an amount in excess of $1,000.00
$3,000.00 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.
Sec. 33. (1) A committee, other than an independent committee
or a political committee required to file with the secretary of
state, supporting or opposing a candidate shall file complete
campaign statements as required by this act and the rules
promulgated under this act. The campaign statements shall be filed
according to the following schedule:
(a) A preelection campaign statement shall be filed not later
than the eleventh day before an election. The closing date for a
campaign statement filed under this subdivision shall be the
sixteenth day before the election.
(b) A postelection campaign statement shall be filed not later
than the thirtieth day following the election. The closing date for
a campaign statement filed under this subdivision shall be 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 such a 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.
(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
However, 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 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
shall file campaign statements as required by this act according to
the following schedule:
(a) In an odd numbered year:
(i) Not later than January 31 of
that year with a closing
date of December 31 of the previous year.
(ii) Not later than July 25 with a closing date of July 20.
(iii) Not later than October 25 with a closing date of October
20.
(b) In an even numbered year:
(i) Not later than April 25 of
that year with a closing date
of
April 20. of that year.
(ii) Not later than July 25 with a closing date of July 20.
(iii) Not later than October 25 with a closing date of October
20.
(4) A house political party caucus committee or a senate
political party caucus committee required to file with the
secretary of state 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 or a political committee
required to file a campaign statement with the secretary of state,
a report of the expenditure shall be filed by the committee with
the secretary of state within 48 hours after the expenditure. The
report shall be made on a form provided by the secretary of state
and shall 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
shall include either the name of the candidate and the office
sought by the candidate or the name of the ballot question and
shall 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) need not file a campaign statement under subsection
(1), (3), or (4) unless it received or expended an amount in excess
of $1,000.00
$3,000.00. If the committee receives or expends an
amount
in excess of $1,000.00 $3,000.00 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 shall be $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 shall 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 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 treasurer or
other designated individual is subject to a civil fine of not more
than $1,000.00.
Sec. 35. (1) In addition to any other requirements of this act
for filing a campaign statement, a committee, other than an
independent committee or a political committee required to file
with the secretary of state, shall also file a campaign statement
not later than January 31 of each year. The campaign statement
shall have a closing date of December 31 of the previous year. The
period covered by the campaign statement filed pursuant to this
subsection begins the day after the closing date of the previous
campaign statement. A campaign statement filed pursuant to this
subsection shall be waived if a postelection campaign statement has
been filed that has a filing deadline within 30 days of the closing
date of the campaign statement required by this subsection.
(2) Subsection (1) does not apply to a candidate committee for
an officeholder who is a judge or a supreme court justice, or who
holds an elective office for which the salary is less than $100.00
a month and who does not receive any contribution or make any
expenditure during the time that would be otherwise covered in the
statement.
(3) A committee, candidate, treasurer, or other individual
designated as responsible for the record keeping, report
preparation, or report filing for a candidate committee of a
candidate for state elective office or a judicial office who fails
to file a campaign statement under this section shall be assessed a
late filing fee. If the committee has raised $10,000.00 or less
during the previous 2 years, the late filing fee shall be $25.00
for each business day the campaign 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 shall
be $50.00 for each business day the campaign statement remains
unfiled, but not to exceed $1,000.00. The late filing fee assessed
under this subsection shall be paid by the candidate, and the
candidate shall not use committee funds to pay that fee. A
committee, treasurer, or other individual designated as responsible
for the record keeping, report preparation, or report filing for a
committee other than a candidate committee of a candidate for state
elective office or a judicial office who fails to file a campaign
statement under this section shall pay a late filing fee of $25.00
for each business day the campaign statement remains not filed in
violation of this section. The late filing fee shall not exceed
$500.00.
(4) A committee filing a written statement pursuant to section
24(5) or (6) need not file a statement in accordance with
subsection (1). If a committee receives or expends more than
$1,000.00
$3,000.00 during a time period prescribed by section
24(5) or (6), the committee is then subject to the campaign filing
requirements under this act and shall file a campaign statement for
the period beginning the day after the closing date of the last
postelection campaign statement or an annual campaign statement
that is waived pursuant to subsection (1), whichever occurred
earlier.
(5) If a candidate, treasurer, or other individual designated
as responsible for the record keeping, report preparation, or
report filing fails to file 2 statements required by this section
or section 33 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.
(6) If a treasurer or other individual designated as
responsible for the record keeping, report preparation, or report
filing for a committee required to file a campaign statement under
subsection (1) knowingly files an incomplete or inaccurate
statement or report required by this section, that treasurer or
other designated individual is subject to a civil fine of not more
than $1,000.00.