HOUSE BILL No. 5079

 

August 3, 2005, Introduced by Rep. Bieda 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 section 26 (MCL 169.226), as amended by 2001 PA 250.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

political party committee, required by this act shall contain all

 

of the following information:

 

     (a) The filing committee's name, address, and telephone

 

number, and the full name, residential and business addresses, and

 

telephone numbers of the committee treasurer or other individual

 

designated as responsible for the committee's record keeping,

 

report preparation, or report filing.

 

     (b) Under the heading "receipts", the total amount of


 

contributions received during the period covered by the campaign

 

statement; under the heading "expenditures", the total amount of

 

expenditures made during the period covered by the campaign

 

statement; and the cumulative amount of those totals. Forgiveness

 

of a loan shall not be included in the totals. Payment of a loan by

 

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

 

contribution by the third party. In-kind contributions or

 

expenditures shall be listed at fair market value and shall be

 

reported as both contributions and expenditures. A contribution or

 

expenditure that is by other than completed and accepted payment,

 

gift, or other transfer, that is clearly not legally enforceable,

 

and that is expressly withdrawn or rejected and returned before a

 

campaign statement closing date need not be included in the

 

campaign statement and if included may, in a later or amended

 

statement, be shown as a deduction, but the committee shall keep

 

adequate records of each instance.

 

     (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 shall 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.

 

     (d)  (e)  The full name of each individual from whom


 

contributions are received during the period covered by the

 

campaign statement, together with the individual's street address,

 

the amount contributed, the date on which each contribution was

 

received, and the cumulative amount contributed by that individual.

 

The occupation, employer, and principal place of business shall be

 

stated if the individual's cumulative contributions are more than

 

$100.00.

 

     (e)  (f)  The cumulative amount contributed and the name and

 

address of each individual, except those individuals reported under

 

subdivision  (e)  (d), who contributed to the committee. The

 

occupation, employer, and principal place of business shall be

 

stated for each individual who contributed more than $100.00.

 

     (f)  (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.

 

     (g)  (h)  The name, address, and amount given by an individual

 

who contributed to the total amount contributed by a person who is

 

other than a committee or an individual. The occupation, employer,

 

and principal place of business shall 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.

 

     (h)  (i)  The cumulative total of expenditures of $50.00 or

 

less made during the period covered by the campaign statement

 

except for expenditures made to or on behalf of another committee,


 

candidate, or ballot question.

 

     (i)  (j)  The full name and street address of each person to

 

whom expenditures totaling more than $50.00 were made, together

 

with the amount of each separate expenditure to each person during

 

the period covered by the campaign statement; the purpose of the

 

expenditure; the full name and street address of the person

 

providing the consideration for which any expenditure was made if

 

different from the payee; the itemization regardless of amount of

 

each expenditure made to or on behalf of another committee,

 

candidate, or ballot question; and the cumulative amount of

 

expenditures for or against that candidate or ballot question for

 

an election cycle. An expenditure made in support of more than 1

 

candidate or ballot question, or both, shall 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 for subsection  (1)(j)  (1)(i), an

 

independent committee or political committee shall report all

 

cumulative amounts required by this section on a calendar year

 

basis.

 

     (3) A campaign statement of a committee, in addition to the

 

other information required by this section, shall include an

 

itemized list of all expenditures during the reporting period for

 

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

 

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

 

workers.

 

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


 

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

 

in which a bundled contribution is delivered to the candidate

 

committee of a candidate for statewide elective office, a bundling

 

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

 

provided by the secretary of state, all of the following

 

information, as applicable, about each contribution received or

 

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

 

contribution delivered, in the reporting period:

 

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

 

by the bundling committee, and the candidate for statewide elective

 

office whom the contributor designated as the intended recipient.

 

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

 

contribution exceeding $100.00, the contributor's occupation,

 

employer, and principal place of business.

 

     (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, 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, on a form

 

provided by the secretary of state, all of the following

 

information, as applicable, about each contribution delivered as

 

part of a bundled contribution received in the reporting period and

 

about all bundled contributions received by that candidate

 

committee:

 

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

 

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

 

that delivered the contribution.

 

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

 

contribution exceeding $100.00, the contributor's occupation,

 

employer, and principal place of business.

 

     (c) The total amount of bundled contributions received by that

 

candidate committee during the reporting period and during the

 

election cycle.