November 12, 2009, Introduced by Senator BROWN and referred to the Committee on Campaign and Election Oversight.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending sections 32 and 33 (MCL 169.232 and 169.233), section
32 as amended by 1999 PA 236 and section 33 as amended by 1999 PA
238.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32. (1) A committee, candidate, treasurer, or other
individual designated as responsible for the committee's record
keeping, record preparation, or report filing shall report a late
contribution by filing with the filing officer within 48 hours
after its receipt the full name, street address, occupation,
employer, and principal place of business of the contributor.
(2)
Filing of a report of a late contribution pursuant to
under subsection (1) may be by any written means of communication
and need not contain an original signature.
(3) A late contribution shall be reported on subsequent
campaign
statements without regard to reports filed pursuant to
under subsection (1). If a campaign statement has not been filed, a
late contribution may be reported, if practicable, in the campaign
statement and need not, therefore, be reported in a subsequent
campaign statement.
(4) A committee, candidate, treasurer, or other individual
designated as responsible for the committee's record keeping,
report preparation, or report filing who fails to report a late
contribution as required by subsection (1) shall pay a late filing
fee, that shall not exceed $2,000.00, 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.
(5) As used in this section, "late contribution" means a
contribution of $200.00 or more received after the closing date of
the last campaign statement required to be filed before an election
in which the committee that received the contribution participates.
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 not
later than the following
dates every year:
(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.
(a) April 30 with a closing date of March 31.
(b) July 31 with a closing date of June 30.
(c) October 31 with a closing date of September 30.
(2) (b)
A committee other than a
candidate committee shall
file a campaign statement as required by subsection (1) 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 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 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.