June 1, 2010, Introduced by Senators GEORGE and BIRKHOLZ 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 12 and 52 (MCL 169.212 and 169.252), as
amended by 2001 PA 250.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 12. (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.
(2) "Senate political party caucus committee" means an
independent committee established by a political party caucus of
the state senate under section 24a.
(3) "State elective office" means a statewide elective office,
a constitutional convention delegate, or the office of state
legislator.
(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.
52. (1) Except as provided in subsection (5) or (11) (12)
and
subject to subsection (8) (9), a person other than an
independent 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 constitutional convention
delegate, 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, for a
candidate for constitutional convention delegate elected from a
senatorial district, 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.
(c) $500.00 for a candidate for state representative, for a
candidate for constitutional convention delegate elected from a
representative district, or for a 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 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 committee or political party committee in subsection
(1). A house political party caucus committee or a senate political
party caucus committee is not limited under this subsection 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.
(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 committee or
political party committee in subsection (1).
(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 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 committee or political party
committee in subsection (1).
(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).
(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.
(7) An independent or political committee shall not make a
contribution to a candidate committee of a candidate for
constitutional convention delegate.
(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 (7),
(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), and (7), all contributions made by
political committees or independent committees established by any
corporation, joint stock company, domestic dependent sovereign, or
labor organization, including any parent, subsidiary, branch,
division, department, or local unit thereof, shall be considered to
have been made by a single independent committee. By way of
illustration and not limitation, all of the following apply as a
result of the application of this requirement:
(a) All of the political 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
committee.
(b) All of the political 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 committee.
(c) All of the political committees and independent 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 committee.
(d) All of the political 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 committee.
(12) (11)
The limitation on a political
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 committee as prescribed in
section 31. A political 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 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 committee or political party committee in
subsection (1).
(13) (12)
The limitation limitations on an independent
committee's
contributions under subsection subsections
(2) and (7)
does
do 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 committee as prescribed in section 31. An
independent 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 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 committee or political party
committee in subsection (1).