ALLOW CANDIDATE TO ENTER PAYMENT PLAN

FOR CAMPAIGN FINANCE FEES & FINES OWED

House Bills 5511 & 5512

Sponsor:  Rep. Fred Durhal, Jr.

Committee:  Redistricting and Elections

Complete to 9-8-12

A SUMMARY OF HOUSE BILLS 5511 AND 5512 AS INTRODUCED 3-27-12

The bills would modify the laws concerning post-election campaign reports in order to allow candidates to enter into a 12-month payment plan with the Secretary of State if the candidates have any outstanding late filing fees or fines under the Michigan Campaign Finance Act. 

House Bill 5511 is tie-barred to House Bill 5512, meaning that House Bill 5511 could not go into effect unless House Bill 5512 is also enacted into law.  A more detailed description of each bill follows.

Specifically, House Bill 5511 would amend the Michigan Election Law (MCL 168.848) to allow a candidate who owes late fees or fines to enter into a payment plan with the Secretary of State under Section 15 of the Michigan Campaign Finance Act.  Now under the law, an elected candidate is required to file a post-election statement before assuming office.  The post-election statement must include an attestation signed by the elected candidate that all statements, reports, late filing fees, and fines required of the candidate or a candidate committee have been filed or paid.  House Bill 5511 would retain this provision, but modify it to say "or that the candidate has entered into a payment plan with the Secretary of State under Section 15 of the Michigan Campaign Finance Act, 1976 PA 388, MCL 169.215."

 

House Bill 5512 would amend the Michigan Campaign Finance Act (MCL 169.215) to add a new provision that says "the Secretary of State may allow the payment of any fine or fee imposed under this act by installments for a period not to exceed 12 months."

 

FISCAL IMPACT:

The bills would have no fiscal impact on state or local government.

                                                                                           Legislative Analyst:   J. Hunault

                                                                                                  Fiscal Analyst:   Ben Gielczyk

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.