February 27, 2007, Introduced by Senators McMANUS, CASSIS, CROPSEY, PAPPAGEORGE, GEORGE, RICHARDVILLE, KAHN, JANSEN, ALLEN, HARDIMAN, STAMAS and VAN WOERKOM and referred to the Committee on Campaign and Election Oversight.
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:
1 Sec. 47. (1) Except as otherwise provided in this subsection
2 and subject to subsections (3) and (4) and (5),
a billboard,
3 placard, poster, pamphlet, or other printed matter having
4 reference relating to an election, a candidate, or a ballot
5 question, shall bear upon it the name and address of the person
6 paying for the matter. Except as otherwise provided in this
7 subsection and subject to subsections (3) and (4) and (5),
if the
8 printed matter relating to a candidate is an independent
9 expenditure that is not authorized in writing by the candidate
10 committee of that candidate, the printed matter shall contain the
1 following disclaimer: "Not authorized by any candidate
2 committee". An individual other than a candidate is not subject
3 to this subsection if the individual is acting independently and
4 not acting as an agent for a candidate or any committee.
5 (2) A radio, satellite, or television paid advertisement
6 having reference relating
to an election, a candidate, or a
7 ballot question shall identify the sponsoring person as required
8 by the federal communications commission, shall bear the name of
9 the person paying for the advertisement, and shall be in
10 compliance comply with subsection (3) (4) and
with the following:
11 (a) If the radio, satellite, or television paid
12 advertisement relates to a candidate and is an independent
13 expenditure, the advertisement shall contain the following
14 disclaimer: "Not authorized by any candidate".
15 (b) If the radio, satellite, or television paid
16 advertisement relates to a candidate and is not an independent
17 expenditure but is paid for by a person other than the candidate
18 to which it is related whom
it relates, the advertisement shall
19 contain the following disclaimer:
20 "Authorized by
..............................................".
21 (name of candidate or name of candidate committee)
22 "I am _____________________ and I approve this message.".
23 (name of candidate)
24 (3) Subject to subsections (4) and (5), a communication on a
25 website relating to an election of a candidate shall identify by
26 name the person paying for the communication or, if the person
1 making the communication maintains the website, paying for the
2 website and shall state 1 of the following, as applicable:
3 (a) If the payment is an independent expenditure, the
4 following disclaimer: "Not authorized by any candidate.".
5 (b) If the payment is not an independent expenditure and is
6 made by a person other than a candidate committee, the
7 communication shall contain the following disclaimer:
8 "Authorized by...................................................".
9 (name of candidate or name of candidate committee)
10 (4) (3) The
size and placement of an identification or
11 disclaimer required by this section shall be determined by rules
12 promulgated by the secretary of state. The rules may exempt
13 printed matter and certain other items such as campaign buttons
14 or balloons, the size of which makes it unreasonable to add an
15 identification or disclaimer, from the identification or
16 disclaimer required by this section.
17 (5) (4) Except
for a candidate committee's printed matter,
18 or radio, satellite, or television paid advertisements, or
19 website communication, each identification or disclaimer required
20 by this section shall also indicate that the printed matter, or
21 radio, satellite, or television paid advertisement, or website
22 communication is paid for "with regulated funds". Printed matter,
23 or a radio, satellite, or television paid advertisement, or a
24 website communication that is not subject to this act shall not
25 bear the statement required by this subsection.
26 (6) (5) A
person who knowingly violates this section is
1 guilty of a misdemeanor punishable by a fine of not more than
2 $1,000.00, or imprisonment for not more than 93 days, or both.