March 19, 2013, Introduced by Reps. Schor, LaVoy and Kivela and referred to the Committee on Elections and Ethics.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending section 35 (MCL 169.235), as amended by 2012 PA 273.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 35. (1) In addition to any other requirements of this act
for filing a campaign statement, a committee, other than an
independent committee or a political committee required to file
with the secretary of state, shall also file a campaign statement
not later than January 31 of each year. The campaign statement
shall have a closing date of December 31 of the previous year. The
period covered by the campaign statement filed under this
subsection begins the day after the closing date of the previous
campaign statement. A campaign statement filed under this
subsection shall be waived if a postelection campaign statement has
been filed that has a filing deadline within 30 days of the closing
date of the campaign statement required by this subsection.
(2) Subsection (1) does not apply to a candidate committee for
an officeholder who is a judge or a supreme court justice, or who
holds an elective office for which the salary is less than $100.00
a month and who does not receive any contribution or make any
expenditure during the time that would be otherwise covered in the
statement.
(3) A committee, candidate, treasurer, or other individual
designated as responsible for the record keeping, report
preparation, or report filing for a candidate committee of a
candidate for state elective office or a judicial office who fails
to file a campaign statement under this section shall be assessed 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 campaign 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
be $50.00 for each business day the campaign statement remains
unfiled,
but not to exceed $1,000.00. The late filing fee assessed
under
this subsection shall be paid by the candidate, and the
candidate
shall not use committee funds to pay that fee. A
committee, treasurer, or other individual designated as responsible
for the record keeping, report preparation, or report filing for a
committee other than a candidate committee of a candidate for state
elective office or a judicial office who fails to file a campaign
statement under this section shall pay a late filing fee of $25.00
for each business day the campaign statement remains not filed in
violation of this section. The late filing fee shall not exceed
$500.00.
(4) A committee filing a written statement under section 24(5)
or (6) need not file a statement in accordance with subsection (1).
If a committee receives or expends more than $1,000.00 during a
time period prescribed by section 24(5) or (6), the committee is
then subject to the campaign filing requirements under this act and
shall file a campaign statement for the period beginning the day
after the closing date of the last postelection campaign statement
or an annual campaign statement that is waived under subsection
(1), whichever occurred earlier.
(5) If a candidate, treasurer, or other individual designated
as responsible for the record keeping, report preparation, or
report filing fails to file 2 statements required by this section
or section 33 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.
(6) If a candidate, treasurer, or other individual designated
as responsible for the record keeping, report preparation, or
report filing for a committee required to file a campaign statement
under subsection (1) knowingly files an incomplete or inaccurate
statement or report required by this section, that individual is
subject to a civil fine of not more than $1,000.00.