May 3, 2018, Introduced by Rep. Howrylak and referred to the Committee on Elections and Ethics.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending sections 10 and 20 (MCL 169.210 and 169.220), section
10 as amended by 2015 PA 269 and section 20 as amended by 2017 PA
114.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10. (1) "Major political party" means a political party
qualified
to have its name candidates'
names listed on the general
election ballot whose candidate for governor received 25% or more
of the popular vote cast in the preceding gubernatorial election.
If only 1 political party received 25% or more of the popular vote
cast for governor in the preceding gubernatorial election, then the
political party with the second highest vote is considered a major
political party.
(2) "Mass mailing" means mailing by United States mail or
facsimile of more than 500 pieces of mail matter of an identical or
substantially similar nature within any 30-day period.
(3) "Minor political party" means a political party qualified
to
have its name candidates'
names listed on the general election
ballot but that does not qualify as a major political party.
(4) "Nominee" means an individual nominated to be a candidate.
Sec. 20. (1) An individual is not considered a candidate if
the individual has done any of the following:
(a) Filed a fee, affidavit of incumbency, or nominating
petition for an elective office, if the individual withdraws within
the time limit established by law, and if the individual has not
received a contribution, made an expenditure, or given consent for
another person to receive a contribution or make an expenditure to
secure the individual's nomination or election to an elective
office. For purposes of this subdivision, a payment of a filing fee
for elective office is not considered an expenditure.
(b) Has been nominated as a candidate for elective office by a
political party caucus or convention, if the individual nominated
withdraws within the time limit established by law or does not
submit the notice of acceptance of nomination according to the
procedures established by law, and if the individual has not
received a contribution, made an expenditure, or given consent for
another person to receive a contribution or make an expenditure to
secure the individual's nomination or election to an elective
office.
(c) Has been nominated as a candidate for elective office by a
political party caucus or convention, if the party does not qualify
to
have its name and candidates' names appear on the general
election ballot under section 685 of the Michigan election law,
1954 PA 116, MCL 168.685, and if the individual has not received a
contribution or made an expenditure to secure the individual's
nomination or election to an elective office.
(d) Has been appointed to fill a vacancy in an elective office
if the individual does not meet 1 of the criteria of section 3(1).
(2) An individual who receives votes at an election solely by
the write-in method as provided by law is considered a candidate
under this act as follows:
(a) An individual who receives a contribution, makes an
expenditure, or gives consent for another person to receive a
contribution or make an expenditure with a view to bringing about
the individual's receiving write-in votes at an election is a
candidate under this act at the time of receiving the contribution
or making the expenditure or giving consent to another person to
receive the contribution or make the expenditure.
(b) An individual who is not a candidate by reason of
subdivision (a), but who is certified as a nominee as a result of
write-in votes received at a primary election and does not withdraw
as a nominee as provided by law is a candidate under this act as of
5 days following the certification of the nomination by the board
of canvassers canvassing the primary.
(c) An individual who is not a candidate by reason of
subdivision (a) or (b), but who is elected to an office by
receiving write-in votes in an election is a candidate under this
act at the time the individual qualifies for the office.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5930 (request no.
05945'18) of the 99th Legislature is enacted into law.