August 9, 2006, Introduced by Senator PATTERSON and referred to the Committee on Government Operations.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending section 47 (MCL 169.247), as amended by 2001 PA 250.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 47. (1) Except as otherwise provided in this subsection
and
subject to subsections (3) and (4) and (5),
a billboard,
placard, poster, pamphlet, or other printed matter having reference
to an election, a candidate, or a ballot question, shall bear upon
it the name and address of the person paying for the matter. Except
as
otherwise provided in this subsection and subject to subsections
(3)
and (4)
and (5), if the printed matter relating
to a candidate
is an independent expenditure that is not authorized in writing by
the candidate committee of that candidate, the printed matter shall
contain the following disclaimer: "Not authorized by any candidate
committee". An individual other than a candidate is not subject to
this subsection if the individual is acting independently and not
acting as an agent for a candidate or any committee.
(2) A radio or television paid advertisement having reference
to an election, a candidate, or a ballot question shall identify
the sponsoring person as required by the federal communications
commission, shall
bear the name of the person paying for the
advertisement,
and shall be in compliance comply with
subsection
(3) and with the following:
(a) If the radio or television paid advertisement relates to a
candidate and is an independent expenditure, the advertisement
shall contain the following disclaimer: "Not authorized by any
candidate".
(b) If the radio or television paid advertisement relates to a
candidate and is not an independent expenditure but is paid for by
a
person other than the candidate to
which it is related whom it
relates, the advertisement shall contain the following disclaimer:
"Authorized by...................................................".
(name of candidate or name of candidate committee)
(3) Subject to subsections (4) and (5), a communication on a
website that is in support of or opposition to the election of a
candidate shall identify by name the person paying for the
communication or, if the person making the communication maintains
the website, paying for the website and shall state 1 of the
following, as applicable:
(a) If the payment is an independent expenditure, the
following disclaimer: "Not authorized by any candidate.".
(b) If the payment is not an independent expenditure and is
made by a person other than a candidate committee, the
communication shall contain the following disclaimer:
"Authorized by...................................................".
(name of candidate or name of candidate committee)
(4) (3)
The size and placement of an identification or
disclaimer required by this section shall be determined by rules
promulgated by the secretary of state. The rules may exempt printed
matter and certain other items such as campaign buttons or
balloons, the size of which makes it unreasonable to add an
identification or disclaimer, from the identification or disclaimer
required by this section.
(5) (4)
Except for a candidate committee's printed matter,
or
radio or television paid advertisements, or website
communication, each identification or disclaimer required by this
section
shall also indicate that the printed matter, or radio
or
television paid advertisement, or website communication is paid for
"with
regulated funds". Printed matter,
or a
radio or television
paid advertisement, or a website communication that is not subject
to this act shall not bear the statement required by this
subsection.
(6) (5)
A person who knowingly violates this section is
guilty of a misdemeanor punishable by a fine of not more than
$1,000.00, or imprisonment for not more than 93 days, or both.