HOUSE BILL No. 6487

September 14, 2006, Introduced by Rep. Proos 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 2, 6, 8, 9, 11, 12, 24, 24a, 26, 33, 33a, 35,

45, 52, and 69 (MCL 169.202, 169.206, 169.208, 169.209, 169.211,

169.212, 169.224, 169.224a, 169.226, 169.233, 169.233a, 169.235,

169.245, 169.252, and 169.269), sections 2, 12, 26, 52, and 69 as

amended by 2001 PA 250, section 6 as amended by 2003 PA 69,

sections 8, 9, 11, and 45 as amended by 1996 PA 590, section 24 as

amended by 1999 PA 237, sections 24a and 33a as added by 1995 PA

264, section 33 as amended by 1999 PA 238, and section 35 as

amended by 2000 PA 75, and by adding section 24b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2. (1) "Award" means a plaque, trophy, certificate, bust,

ceremonial gavel, or memento.

(2) "Ballot question" means a question that is submitted or is

intended to be submitted to a popular vote at an election whether

or not it qualifies for the ballot.

(3) "Ballot question committee" means a committee acting in

support of, or in opposition to, the qualification, passage, or

defeat of a ballot question ~~but~~ and that does not receive

contributions or make expenditures or contributions for the purpose

of influencing or attempting to influence the action of the voters

for or against the nomination or election of a candidate.

(4) "Bundle" means for a bundling committee to deliver 1 or

more contributions from individuals to the candidate committee of a

candidate for statewide elective office, without the money becoming

money of the bundling committee.

(5) "Bundling committee" means ~~an independent committee or~~ a

political action committee that makes an expenditure to solicit or

collect from individuals contributions that are to be part of a

bundled contribution, which expenditure is required to be reported

as an in-kind expenditure for a candidate for statewide elective

office.

(6) "Business" means a corporation, limited liability company,

partnership, sole proprietorship, firm, enterprise, franchise,

association, organization, self-employed individual, holding

company, joint stock company, receivership, trust, activity, or

entity that is organized for profit or nonprofit purposes.

Sec. 6. (1) "Expenditure" means a payment, donation, loan, or

promise of payment of money or anything of ascertainable monetary

value for goods, materials, services, or facilities in assistance

of, or in opposition to, the nomination or election of a candidate,

or the qualification, passage, or defeat of a ballot question.

Expenditure includes, but is not limited to, any of the following:

(a) A contribution or a transfer of anything of ascertainable

monetary value for purposes of influencing the nomination or

election of a candidate or the qualification, passage, or defeat of

a ballot question.

(b) Except as provided in subsection (2)(f) or (g), an

expenditure for voter registration or get-out-the-vote activities

made by a person who sponsors or finances the activity or who is

identified by name with the activity.

expenditure made for poll watchers, challengers, distribution of

election day literature, canvassing of voters to get out the vote,

or transporting voters to the polls.

(2) Expenditure does not include any of the following:

(a) An expenditure for communication by a person with the

person's paid members or shareholders and those individuals who can

be solicited for contributions to a separate segregated fund under

section 55.

(b) An expenditure for communication on a subject or issue if

the communication does not support or oppose a ballot question or

candidate by name or clear inference.

solicitation of contributions to a separate segregated fund or

~~independent~~ qualified political action committee.

(d) An expenditure by a broadcasting station, newspaper,

magazine, or other periodical or publication for a news story,

commentary, or editorial in support of or opposition to a candidate

for elective office or a ballot question in the regular course of

publication or broadcasting.

(e) An offer or tender of an expenditure if expressly and

unconditionally rejected or returned.

(f) An expenditure for nonpartisan voter registration or

nonpartisan get-out-the-vote activities made by an organization

that is exempt from federal income tax pursuant to section

501(c)(3) of the internal revenue code, ~~of 1986,~~ 26 ~~U.S.C.~~ USC

501, or any successor statute.

(g) An expenditure for nonpartisan voter registration or

nonpartisan get-out-the-vote activities performed pursuant to

chapter XXIII of the Michigan election law, 1954 PA 116, MCL

168.491 to 168.524, by the secretary of state and other

registration officials who are identified by name with the

activity.

(h) An expenditure by a state central committee of a political

party or a person controlled by a state central committee of a

political party for the construction, purchase, or renovation of 1

or more office facilities in Ingham county if the facility is not

constructed, purchased, or renovated for the purpose of influencing

the election of a candidate in a particular election. Items

excluded from the definition of expenditure under this subdivision

include expenditures approved in federal election commission

advisory opinions 1993-9, 2001-1, and 2001-12 as allowable

expenditures under the federal election campaign act of 1971,

Public Law 92-225, ~~2 U.S.C. 431 to 434, 437, 437c to 439a, 439c,~~

~~441a to 441h, and 442 to 455,~~ and regulations promulgated under

that act, regardless of whether those advisory opinions have been

superseded.

Sec. 8. (1) "House political party caucus committee" means an

~~independent~~ a political action committee established by a

political party caucus of the state house of representatives under

section 24a.

(2) "Immediate family" means any child residing in a the

candidate's household, the candidate's spouse, or any individual

claimed by ~~that~~ the candidate or ~~that~~ the candidate's spouse as

a dependent for federal income tax purposes.

~~(3) "Independent committee" means a committee, other than a~~

~~political party committee, that before contributing to a candidate~~

~~committee of a candidate for elective office under section 52(2) or~~

~~69(2) files a statement of organization as an independent committee~~

~~at least 6 months before an election for which it expects to accept~~

~~contributions or make expenditures in support of or in opposition~~

~~to a candidate for nomination to or election to an elective office;~~

~~and receives contributions from at least 25 persons and makes~~

~~expenditures not to exceed the limitations of section 52(1) in~~

~~support of or in opposition to 3 or more candidates for nomination~~

~~to or election to an elective office in the same calendar year.~~

Sec. 9. (1) "Incidental expense" means an expenditure that is

an ordinary and necessary expense, as described in section 162 of

the internal revenue code, ~~of 1986,~~ 26 ~~U.S.C.~~ USC 162, paid or

incurred in carrying out the business of an elective office.

Incidental expense includes, but is not limited to, any of the

following:

(a) A disbursement necessary to assist, serve, or communicate

with a constituent.

(b) A disbursement for equipment, furnishings, or supplies for

the office of the public official.

office is not used for campaign-related activity.

(d) A disbursement for the public official or his or her

staff, or both, to attend a conference, meeting, reception, or

other similar event.

(e) A disbursement to maintain a publicly owned residence or a

temporary residence at the seat of government.

(f) An unreimbursed disbursement for travel, lodging, meals,

or other expenses incurred by the public official, a member of the

public official's immediate family, or a member of the public

official's staff in carrying out the business of the elective

office.

(g) A donation to a tax-exempt charitable organization,

including the purchase of tickets to charitable or civic events.

(h) A disbursement to a ballot question committee.

(i) A purchase of tickets for use by that public official and

members of his or her immediate family and staff to a fund-raising

event sponsored by a candidate committee, ~~independent committee,~~

political party committee, or a political action committee that

does not exceed $100.00 per committee in any calendar year.

(j) A disbursement for an educational course or seminar that

maintains or improves skills employed by the public official in

carrying out the business of the elective office.

(k) A purchase of advertisements in testimonials, program

books, souvenir books, or other publications if the advertisement

does not support or oppose the nomination or election of a

candidate.

(l) A disbursement for consultation, research, polling, and

photographic services not related to a campaign.

(m) A fee paid to a fraternal, veteran, or other service

organization.

(n) A payment of a tax liability incurred as a result of

authorized transactions by the candidate committee of the public

official.

(o) A fee for accounting, professional, or administrative

services for the candidate committee of the public official.

(p) A debt or obligation incurred by the candidate committee

of a public official for a disbursement authorized by subdivisions

(a) to (o), if the debt or obligation was reported in the candidate

committee report filed for the year in which the debt or obligation

arose.

(2) "Independent expenditure" means an expenditure by a person

if the expenditure is not made at the direction of, or under the

control of, another person and if the expenditure is not a

contribution to a committee.

(3) "In-kind contribution or expenditure" means a contribution

or expenditure other than money.

(4) "Loan" means a transfer of money, property, or anything of

ascertainable monetary value in exchange for an obligation,

conditional or not, to repay in whole or part.

(5) "Local elective office" means an elective office at the

local unit of government level. Local elective office also includes

judge of the court of appeals, judge of the circuit court, ~~judge~~

~~of the recorder's court of the city of Detroit,~~ judge of the

district court, judge of the probate court, and judge of a

municipal court.

(6) "Local unit of government" means a district, authority,

county, city, village, township, board, school district,

intermediate school district, or community college district.

Sec. 11. (1) "Person" means a business, individual,

proprietorship, firm, partnership, joint venture, syndicate,

business trust, labor organization, company, corporation,

association, committee, or any other organization or group of

persons acting jointly.

(2) "Political action committee" means a committee that is not

a candidate committee, political party committee, ~~independent~~

~~committee,~~ or ballot question committee.

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

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

a person at a fund raiser or to the general public for publicity or

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

opposing a candidate for nomination for or election to an elective

office or in supporting or opposing the qualification, passage, or

defeat of a ballot question.

(4) "Political party" means a political party ~~which~~ that has

a right under law to have the names of its candidates listed on the

ballot in a general election.

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

district, or county committee of a political party ~~which~~ that is

a committee. Each state central committee shall designate the

official party county and district committees. There shall not be

more than 1 officially designated political party committee per

county and per congressional district.

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

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

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

branch of state government.

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

council in the legislative branch of state government.

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

district, or municipal corporation; or a board, department,

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

commission, or council.

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

or is primarily funded by or through state or local authority,

which body exercises governmental or proprietary authority or

performs a governmental or proprietary function.

Sec. 12. (1) "Qualified political action committee" means a

political action committee that meets the requirements of section

24b.

(2) ~~(1)~~ "Qualifying contribution" means a contribution of

money made by a written instrument by an individual to the

candidate committee of a candidate for the office of governor that

is $100.00 or less and made after April 1 of the year preceding a

year in which a governor is to be elected. Not more than $100.00 of

an individual's total aggregate contribution may be used as a

qualifying contribution in a calendar year. Qualifying contribution

does not include a subscription, loan, advance, deposit of money,

in-kind contribution or expenditure, or anything else of value

except as prescribed in this act. Qualifying contribution does not

include a contribution by an individual who resides outside of this

state. For purposes of this subsection, an individual is considered

to reside in this state if he or she is considered a resident of

this state under the Michigan election law, 1954 PA 116, MCL 168.1

to 168.992.

(3) ~~(2)~~ "Senate political party caucus committee" means an

~~independent~~ a political action committee established by a

political party caucus of the state senate under section 24a.

(4) ~~(3)~~ "State elective office" means a statewide elective

office or the office of state legislator.

(5) ~~(4)~~ "Statewide elective office" means the office of

governor, lieutenant governor, secretary of state, or attorney

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

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

board of trustees of Michigan state university, or member of the

board of governors of Wayne state university.

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.

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

action committee, or ballot question committee if it is

identifiable as such a committee.

(3) ~~An independent committee or~~ A political action 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 a political action 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~~ A political action 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.~~

(5) When filing a statement of organization, a committee,

other than ~~an independent committee,~~ a political action 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.

(6) When filing a statement of organization, ~~an independent~~

~~committee,~~ a political action 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 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~~ under subsection (5) ~~shall~~ is not be required to

file a dissolution statement ~~pursuant to~~ under subsection (7) if

the committee ~~failed to~~ does not 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.

Sec. 24a. (1) A political party caucus of the state house of

representatives may maintain 1 house political party caucus

committee. A political party caucus of the state house of

representatives shall not maintain more than 1 house political

party caucus committee. ~~Not later than 30 days after the effective~~

~~date of this section, the~~ The leader of each political party

caucus of the state house of representatives shall establish or

designate the ~~independent~~ political action committee that is the

house political party caucus committee under this section. ~~Not~~

~~later than 30 days after the effective date of this section, a~~

~~political party caucus of the state house of representatives shall~~

~~dissolve all independent committees established by that political~~

~~party caucus under this act before the effective date of this~~

~~section, other than the designated house political party caucus~~

~~committee under this subsection.~~

(2) A political party caucus of the state senate may maintain

1 senate political party caucus committee. A political party caucus

of the state senate shall not maintain more than 1 senate political

party caucus committee. ~~Not later than 30 days after the effective~~

~~date of this section, the~~ The leader of each political party

caucus of the state senate shall establish or designate the

~~independent~~ political action committee that is the senate

political party caucus committee under this section. ~~Not later~~

~~than 30 days after the effective date of this section, a political~~

~~party caucus of the state senate shall dissolve all independent~~

~~committees established by that political party caucus under this~~

~~act before the effective date of this section, other than the~~

~~designated senate political party caucus committee under this~~

~~subsection.~~

Sec. 24b. (1) A political action committee that meets all of

the following requirements is a qualified political action

committee for a calendar year:

(a) The committee registers with the secretary of state as an

intended qualified political action committee not later than 6

months before the election in the calendar year for which the

committee intends to make contributions subject to section 52(2) or

69(2).

(b) The committee receives in the calendar year contributions

from at least 25 persons of at least $100.00 each.

satisfied subdivisions (a) and (b) within 10 days after doing so.

(2) On receipt of a notice under subsection (1)(c), the

secretary of state shall add the designation "qualified political

action committee" to the name of the political action committee. A

designation under this subsection is effective for the rest of the

calendar year.

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.

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.

(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.

(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 shall 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 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.

(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.

(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~~ as required by subsection

(1)(j), ~~an independent committee or~~ a political action 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.

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.

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.

candidate committee during the reporting period and during the

election cycle.

Sec. 33. (1) A committee, other than ~~an independent committee~~

or a political action 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 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~~ A political action

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.~~

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 action

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~~ 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~~ of 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.

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. 33a. A political action committee ~~, independent~~

~~committee,~~ or political party committee that makes a contribution

to a candidate or ballot question committee shall include with the

contribution all information that the receiving committee is

required to include in a campaign statement filed pursuant to

section 26 regarding the contributing committee.

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 action 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~~ a contribution or make ~~any~~

an 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~~ under

section 24(5) or (6) ~~need not~~ is not required to file a statement

~~in accordance with~~ under subsection (1). If a committee receives

or expends more than $1,000.00 during a time period prescribed by

section 24(5) or (6), the committee is then subject to the campaign

filing requirements ~~under~~ of 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.

Sec. 45. (1) A person may transfer any unexpended ~~funds~~

money from 1 candidate committee to another candidate committee of

that person if the contribution limits prescribed in section 52 or

69 for the candidate committee receiving the ~~funds~~ money are

equal to or greater than the contribution limits for the candidate

committee transferring the ~~funds~~ money and if the candidate

committees are simultaneously held by the same person. The ~~funds~~

~~being~~ money transferred ~~shall not be considered~~ is not a

qualifying contribution regardless of the amount of the individual

contribution being transferred.

(2) Upon termination of a candidate committee, unexpended

~~funds~~ money in the candidate committee that are not eligible for

transfer to another candidate committee of the person under

subsection (1) shall be disbursed as follows:

(a) Given to a political party committee.

(b) Given to a tax exempt charitable organization, ~~as long as~~

if the candidate does not become an officer or director of or

receive compensation, either directly or indirectly, from that

organization.

termination of the campaign committee.

(d) If the person was a candidate for the office of state

representative, given to a house political party caucus committee.

(e) If the person was a candidate for the office of state

senator, given to a senate political party caucus committee.

(f) Given to ~~an independent~~ a qualified political action

committee.

(g) Given to a ballot question committee.

Sec. 52. (1) Except as provided in subsection ~~(5) or (11)~~

(3), (6), or (12) and subject to subsection ~~(8)~~ (9), a person

other than ~~an independent~~ a qualified political action committee

or a political party committee shall not make contributions to a

candidate committee of a candidate for elective office that, with

respect to an election cycle, are more than the following:

(a) $3,400.00 for a candidate for state elective office other

than the office of state legislator, or for a candidate for local

elective office if the district from which he or she is seeking

office has a population of more than 250,000.

(b) $1,000.00 for a candidate for state senator, or for a

candidate for local elective office if the district from which he

or she is seeking office has a population of more than 85,000 but

250,000 or less.

candidate for local elective office if the district from which he

or she is seeking office has a population of 85,000 or less.

(2) Except as otherwise provided in this subsection and

subsection ~~(12)~~ (13), ~~an independent~~ a qualified political

action committee shall not make contributions to a candidate

committee of a candidate for elective office that, in the aggregate

for that election cycle, are more than 10 times the amount

permitted a person other than ~~an independent~~ a qualified

political action committee or political party committee in

subsection (1).

(3) A house political party caucus committee or a senate

political party caucus committee is not limited under this

~~subsection~~ section in the amount of contributions made to the

candidate committee of a candidate for the office of state

legislator, except as follows:

(a) A house political party caucus committee or a senate

political party caucus committee shall not pay a debt incurred by a

candidate if that debt was incurred while the candidate was seeking

nomination at a primary election and the candidate was opposed at

that primary.

(b) A house political party caucus committee or a senate

political party caucus committee shall not make a contribution to

or make an expenditure on behalf of a candidate if that candidate

is seeking nomination at a primary election and the candidate is

opposed at that primary.

(4) ~~(3)~~ A political party committee other than a state

central committee shall not make contributions to the candidate

committee of a candidate for elective office that are more than 10

times the amount permitted a person other than ~~an independent~~ a

qualified political action committee or political party committee

in subsection (1).

(5) ~~(4)~~ A state central committee of a political party shall

not make contributions to the candidate committee of a candidate

for state elective office other than a candidate for the

legislature that are more than 20 times the amount permitted a

person other than ~~an independent~~ a qualified political action

committee or political party committee in subsection (1). A state

central committee of a political party shall not make contributions

to the candidate committee of a candidate for state senator, state

representative, or local elective office that are more than 10

times the amount permitted a person other than ~~an independent~~ a

qualified political action committee or political party committee

in subsection (1).

(6) ~~(5)~~ A contribution from a member of a candidate's

immediate family to the candidate committee of that candidate is

exempt from the limitations of subsection (1).

(7) ~~(6)~~ Consistent with the provisions of this section, a

contribution designated in writing for a particular election cycle

is considered made for that election cycle. A contribution made

after the close of a particular election cycle and designated in

writing for that election cycle shall be made only to the extent

that the contribution does not exceed the candidate committee's net

outstanding debts and obligations from the election cycle so

designated. If a contribution is not designated in writing for a

particular election cycle, the contribution is considered made for

the election cycle that corresponds to the date of the written

instrument.

(8) ~~(7)~~ A candidate committee, a candidate, or a treasurer

or agent of a candidate committee shall not accept a contribution

with respect to an election cycle that exceeds the limitations in

subsection (1), (2), (3), (4), ~~(11), or~~ (5), (12), or (13).

(9) ~~(8)~~ The contribution limits in subsection (1) for a

candidate for local elective office are effective on the effective

date of the amendatory act that provides for those contribution

limits, however, only contributions received by that candidate on

and after that date shall be used to determine if the contribution

limit has been reached.

(10) ~~(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.

(11) ~~(10)~~ For purposes of the limitations provided in

subsections (1) and (2), all contributions made by political action

committees ~~or independent committees~~ established by ~~any~~ a

corporation, joint stock company, domestic dependent sovereign, or

labor organization, including ~~any~~ a parent, subsidiary, branch,

division, department, or local unit thereof, shall be considered to

have been made by a single ~~independent~~ political action

committee. ~~By way of illustration and not limitation, all~~ All of

the following ~~apply as a result~~ are examples of, but do not

limit, the application of this ~~requirement:~~ subsection:

(a) All of the political action committees ~~and independent~~

~~committees~~ established by a for-profit corporation or joint stock

company, by a subsidiary of the for-profit corporation or joint

stock company, or by any combination thereof, are treated as a

single ~~independent~~ political action committee.

(b) All of the political action committees ~~and independent~~

~~committees~~ established by a single national or international labor

organization, by a labor organization of that national or

international labor organization, by a local labor organization of

that national or international labor organization, or by any other

subordinate organization of that national or international labor

organization, or by any combination thereof, are treated as a

single ~~independent~~ political action committee.

~~committees~~ established by an organization of national or

international unions, by a state central body of that organization,

by a local central body of that organization, or by any combination

thereof, are treated as a single ~~independent~~ political action

committee.

(d) All of the political action committees ~~and independent~~

~~committees~~ established by a nonprofit corporation, by a related

state entity of that nonprofit corporation, by a related local

entity of that nonprofit corporation, or by any combination

thereof, are treated as a single ~~independent~~ political action

committee.

(12) ~~(11)~~ The limitation on a political action 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 action committee as

prescribed in section 31. A political action 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 action 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~~

a qualified political action committee or political party committee

in subsection (1).

(13) ~~(12)~~ The limitation on ~~an independent~~ a qualified

political action 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~~ qualified political action committee as prescribed in

section 31. ~~An independent~~ A qualified political action 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~~ qualified political action

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~~ a qualified

political action committee or political party committee in

subsection (1).

Sec. 69. (1) Except as provided in subsection (6) or (10), a

person other than ~~an independent~~ a qualified political action

committee or a political party committee shall not make

contributions to a candidate committee of a candidate that are more

than $3,400.00 in value for an election cycle.

(2) Except as provided in subsection (11), ~~an independent~~ a

qualified political action 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~~

a qualified political action 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.

(7) Sections 5(3) and ~~52(6)~~ 52(7) 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 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 in writing within

48 hours after receipt of this amount. Within 2 business days after

receipt of this notice, the secretary of state 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 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 action committee's