HB-5222, As Passed House, February 20, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 5222

      A bill to amend 1976 PA 388, entitled

"Michigan campaign finance act,"

by amending section 47 (MCL 169.247), as amended by 2013 PA 252.

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), a billboard, placard,

 3  poster, pamphlet, or other printed matter having reference to an

 4  election, a candidate, or a ballot question, shall bear upon it

 5  the name and address of the person paying for the matter. Except

 6  as otherwise provided in this subsection and subject to

 7  subsections (3) and (4), if the printed matter relating to a

 8  candidate is an independent expenditure that is not authorized in

 9  writing by the candidate committee of that candidate, the printed

 1  matter shall contain the following disclaimer: "Not authorized by

 2  any candidate committee". An individual other than a candidate is

 3  not subject to this subsection if the individual is acting

 4  independently and not acting as an agent for a candidate or any

 5  committee. This subsection does not apply to communications

 6  between a separate segregated fund established under section 55

 7  and individuals who can be solicited for contributions to that

 8  separate segregated fund under section 55.

 9        (2) A radio or television paid advertisement having

10  reference to an election, a candidate, or a ballot question shall

11  identify the sponsoring person as required by the federal

12  communications commission, shall bear the name of the person

13  paying for the advertisement, and shall be in compliance with

14  subsection (3) and with the following:

15        (a) If the radio or television paid advertisement relates to

16  a candidate and is an independent expenditure, the advertisement

17  shall contain the following disclaimer: "Not authorized by any

18  candidate".

19        (b) If the radio or television paid advertisement relates to

20  a candidate and is not an independent expenditure but is paid for

21  by a person other than the candidate to which it is related, the

22  advertisement shall contain the following disclaimer:

23   "Authorized by  ............................................".

24            (name of candidate or name of candidate committee)

25        (3) The size and placement of an identification or

26  disclaimer required by this section shall be determined by rules

 1  promulgated by the secretary of state. The rules may exempt

 2  printed matter and certain other items such as campaign buttons

 3  or balloons, the size of which makes it unreasonable to add an

 4  identification or disclaimer, from the identification or

 5  disclaimer required by this section.

 6        (4) Except for a communication described in subsection (5)

 7  and except for a candidate committee's printed matter or radio or

 8  television paid advertisements, each identification or disclaimer

 9  required by this section shall also indicate that the printed

10  matter or radio or television paid advertisement is paid for

11  "with regulated funds". Printed matter or a radio or television

12  paid advertisement that is not subject to this act shall not bear

13  the statement required by this subsection.

14        (5) A communication otherwise entirely exempted from this

15  act under section 6(2)(j) is subject only to the identification

16  required by subsection (1), (2), or (8) if that communication

17  references a clearly identified candidate or ballot question

18  within during the period beginning 60 days before a general

19  election or 30 days before a primary election and continuing

20  through the date of the election following that primary election

21  in which the candidate or ballot question appears on a ballot and

22  is targeted to the relevant electorate where the candidate or

23  ballot question appears on the ballot by means of radio,

24  television, mass mailing, or prerecorded telephone message.

25        (6) A person who knowingly violates this section is guilty

26  of a misdemeanor punishable by a fine of not more than $1,000.00,

27  or imprisonment for not more than 93 days, or both.

 1        (7) As used in this section, "mass mailing" means a mailing

 2  by United States mail or facsimile of more than 500 pieces of

 3  mail matter of an identical or substantially similar nature

 4  within any 30-day period.

 5        (8) A prerecorded telephone message that in express terms

 6  advocates the election or defeat of a clearly identified

 7  candidate, or the qualification, passage, or defeat of a ballot

 8  question, shall contain the name and telephone number, address,

 9  or other contact information of the person paying for the

10  prerecorded telephone message, and shall be in compliance with

11  subsection (4).