HB-4628, As Passed House, May 2, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4628

      A bill to amend 1976 PA 388, entitled

"Michigan campaign finance act,"

by amending sections 15, 16, 17, 18, 21, 22, 23, 24, 26, 28, 29,

30, 33, 34, 35, 36, 41, 42, 46, 47, 50, 51, 55, 57, 63, 64, 65,

67, 68, and 69 (MCL 169.215, 169.216, 169.217, 169.218, 169.221,

169.222, 169.223, 169.224, 169.226, 169.228, 169.229, 169.230,

169.233, 169.234, 169.235, 169.236, 169.241, 169.242, 169.246,

169.247, 169.250, 169.251, 169.255, 169.257, 169.263, 169.264,

169.265, 169.267, 169.268, and 169.269), sections 15, 26, 29, 42,

47, 57, and 69 as amended by 2001 PA 250, section 16 as amended

by 2000 PA 50, sections 17, 21, 23, and 51 as amended by 1989 PA

95, section 18 as amended by 2006 PA 89, sections 22, 24, 28, and

41 as amended by 1999 PA 237, section 30 as added by 1997 PA 71,

sections 33 and 34 as amended by 1999 PA 238, section 35 as

amended by 2000 PA 75, section 36 as amended by 1996 PA 590,

section 50 as added by 1994 PA 385, section 55 as amended by 1995

PA 264, sections 64 and 65 as amended by 1993 PA 262, and section

67 as amended by 1994 PA 411, and by adding sections 43a, 48, and

57a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1        Sec. 15. (1) The secretary of state director of elections

 2  shall do all of the following:

 3        (a) Discharge the powers and duties vested in the director

 4  of elections under this act independently and in a nonpartisan

 5  manner, with good faith. The substantive functions vested in the

 6  director of elections under this act are not subject to

 7  allocation or reallocation within the department of state under

 8  section 7 of the executive organization act of 1965, 1965 PA 380,

 9  MCL 16.107.

10  (b) (a) Make available through his or her the secretary of

11  state's offices, and furnish to county clerks, appropriate forms,

12  instructions, and manuals required by this act.

13  (c) (b) Develop a filing, coding, and cross-indexing system

14  for the filing of required reports and statements consistent with

15  the purposes of this act, and supervise the implementation of the

16  filing systems by the clerks of the counties.

17  (d) (c) Receive all statements and reports required by this

18  act to be filed with the secretary of state director of

19  elections.

20  (e) (d) Prepare forms, instructions, and manuals required

 1  under this act.

 2  (f) (e) Promulgate rules and issue declaratory rulings to

 3  implement this act in accordance with the administrative

 4  procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 5  (g) (f) Upon receipt of a written request and the required

 6  filing, waive payment of a late filing fee if the request for the

 7  waiver is based on good cause and accompanied by adequate

 8  documentation. One or more of the following reasons constitute

 9  good cause for a late filing fee waiver:

10        (i) The incapacitating physical illness, hospitalization,

11  accident involvement, death, or incapacitation for medical

12  reasons of a person required to file, a person whose

13  participation is essential to the preparation of the statement or

14  report, or a member of the immediate family of these persons.

15        (ii) Other unique, unintentional factors beyond the filer's

16  control not stemming from a negligent act or nonaction so that a

17  reasonably prudent person would excuse the filing on a temporary

18  basis. These factors include the loss or unavailability of

19  records due to a fire, flood, theft, or similar reason and

20  difficulties related to the transmission of the filing to the

21  filing official, such as exceptionally bad weather or strikes

22  involving transportation systems.

23        (2) A declaratory ruling shall be issued under this section

24  only if the person requesting the ruling has provided a

25  reasonably complete statement of facts necessary for the ruling

26  or if the person requesting the ruling has, with the permission

27  of the secretary of state director of elections, supplied

 1  supplemental facts necessary for the ruling. A request for a

 2  declaratory ruling that is submitted to the secretary of state

 3  director of elections shall be made available for public

 4  inspection within 48 hours after its receipt. An interested

 5  person may submit written comments regarding the request to the

 6  secretary of state director of elections within 10 business days

 7  after the date the request is made available to the public.

 8  Within 45 business days after receiving a declaratory ruling

 9  request, the secretary of state director of elections shall make

10  a proposed response available to the public. An interested person

11  may submit written comments regarding the proposed response to

12  the secretary of state director of elections within 5 business

13  days after the date the proposal is made available to the public.

14  Except as otherwise provided in this section, the secretary of

15  state director of elections shall issue a declaratory ruling

16  within 60 business days after a request for a declaratory ruling

17  is received. If the secretary of state director of elections

18  refuses to issue a declaratory ruling, the secretary of state

19  director of elections shall notify the person making the request

20  of the reasons for the refusal and shall issue an interpretative

21  statement providing an informational response to the question

22  presented within the same time limitation applicable to a

23  declaratory ruling. A declaratory ruling or interpretative

24  statement issued under this section shall not state a general

25  rule of law, other than that which is stated in this act, until

26  the general rule of law is promulgated by the secretary of state

27  director of elections as a rule under the administrative

 1  procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, or

 2  under judicial order.

 3        (3) Under extenuating circumstances, the secretary of state

 4  director of elections may issue a notice extending for not more

 5  than 30 business days the period during which the secretary of

 6  state director of elections shall respond to a request for a

 7  declaratory ruling. The secretary of state director of elections

 8  shall not issue more than 1 notice of extension for a particular

 9  request. A person requesting a declaratory ruling may waive, in

10  writing, the time limitations provided by this section.

11        (4) The secretary of state director of elections shall make

12  available to the public an annual summary of the declaratory

13  rulings and interpretative statements issued by the secretary of

14  state director of elections.

15        (5) A person may file with the secretary of state director

16  of elections a complaint that alleges a violation of this act.

17  Within 5 business days after a complaint that meets the

18  requirements of subsection (6) is filed, the secretary of state

19  director of elections shall give notice to the person against

20  whom the complaint is filed. The notice shall include a copy of

21  the complaint. Within 15 business days after this notice is

22  provided, the person against whom the complaint was filed may

23  submit to the secretary of state director of elections a

24  response. The secretary of state director of elections may extend

25  the period for submitting a response an additional 15 business

26  days for good cause. The secretary of state director of elections

27  shall provide a copy of a response received to the complainant.

 1  Within 10 business days after receiving a copy of the response,

 2  the complainant may submit to the secretary of state director of

 3  elections a rebuttal statement. The secretary of state director

 4  of elections may extend the period for submitting a rebuttal

 5  statement an additional 10 business days for good cause. The

 6  secretary of state director of elections shall provide a copy of

 7  the rebuttal statement to the person against whom the complaint

 8  was filed.

 9        (6) A complaint under subsection (5) shall satisfy all of

10  the following requirements:

11        (a) Be signed by the complainant.

12        (b) State the name, address, and telephone number of the

13  complainant.

14        (c) Include the complainant's certification that, to the

15  best of the complainant's knowledge, information, and belief,

16  formed after a reasonable inquiry under the circumstances, each

17  factual contention of the complaint is supported by evidence.

18  However, if, after a reasonable inquiry under the circumstances,

19  the complainant is unable to certify that certain factual

20  contentions are supported by evidence, the complainant may

21  certify that, to the best of his or her knowledge, information,

22  or belief, there are grounds to conclude that those specifically

23  identified factual contentions are likely to be supported by

24  evidence after a reasonable opportunity for further inquiry.

25        (7) The secretary of state director of elections shall

26  develop a form that satisfies the requirements of subsection (6)

27  and may be used for the filing of complaints.

 1        (8) A person who files a complaint with a false certificate

 2  under subsection (6)(c) is responsible for a civil violation of

 3  this act. A person may file a complaint under subsection (5)

 4  alleging that another person has filed a complaint with a false

 5  certificate under subsection (6)(c).

 6        (9) The secretary of state director of elections shall

 7  investigate the allegations under the rules promulgated under

 8  this act. Every 60 days after a complaint that meets the

 9  requirements of subsection (6) is filed and until the matter is

10  terminated, the secretary of state director of elections shall

11  mail to the complainant and to the alleged violator notice of the

12  action taken to date by the secretary of state director of

13  elections, together with the reasons for the action or nonaction.

14        (10) If the secretary of state director of elections

15  determines that there may be reason to believe that a violation

16  of this act has occurred, the secretary of state director of

17  elections shall endeavor to correct the violation or prevent a

18  further violation by using informal methods such as a conference,

19  conciliation, or persuasion, and may enter into a conciliation

20  agreement with the person involved. Unless violated, a

21  conciliation agreement is a complete bar to any further action

22  with respect to matters covered in the conciliation agreement. If

23  the secretary of state director of elections is unable to correct

24  or prevent further violation by these informal methods, the

25  secretary of state director of elections may refer the matter to

26  the attorney general for the enforcement of a criminal penalty

27  provided by this act or commence a hearing as provided in

 1  subsection (11). If the violation involves the attorney general

 2  or a campaign or committee with which the attorney general is

 3  connected, directly or indirectly, the director of elections

 4  shall refer the matter to the prosecuting attorney for the county

 5  of Ingham for the enforcement of a criminal penalty provided by

 6  this act.

 7        (11) The secretary of state director of elections may

 8  commence a hearing to determine whether a civil violation of this

 9  act has occurred. A hearing shall not be commenced during the

10  period beginning 30 days before an election in which the

11  committee has received or expended money and ending the day after

12  that election except with the consent of the person suspected of

13  committing a civil violation. The hearing shall be conducted in

14  accordance with the procedures set forth in chapter 4 of the

15  administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to

16  24.287. If after a hearing the secretary of state director of

17  elections determines that a violation of this act has occurred,

18  the secretary of state director of elections may issue an order

19  requiring the person to pay a civil fine equal to the amount of

20  the improper contribution or expenditure plus not more than

21  $1,000.00 for each violation.

22        (12) A final decision and order issued by the secretary of

23  state director of elections is subject to judicial review as

24  provided by chapter 6 of the administrative procedures act of

25  1969, 1969 PA 306, MCL 24.301 to 24.306. The secretary of state

26  director of elections shall deposit a civil fine imposed under

27  this section in the general fund. The secretary of state director

 1  of elections may bring an action in circuit court to recover the

 2  amount of a civil fine.

 3        (13) When a report or statement is filed under this act, the

 4  secretary of state director of elections shall review the report

 5  or statement and may investigate an apparent violation of this

 6  act under the rules promulgated under this act. If the secretary

 7  of state director of elections determines that there may be

 8  reason to believe a violation of this act has occurred and the

 9  procedures prescribed in subsection (10) have been complied with,

10  the secretary of state director of elections may refer the matter

11  to the attorney general for the enforcement of a criminal penalty

12  provided by this act, or commence a hearing under subsection (11)

13  to determine whether a civil violation of this act has occurred.

14  If the violation involves the attorney general or a campaign or

15  committee with which the attorney general is connected, directly

16  or indirectly, the director of elections shall refer the matter

17  to the prosecuting attorney for the county of Ingham for the

18  enforcement of a criminal penalty provided by this act.

19        (14) Unless otherwise specified in this act, a person who

20  violates a provision of this act is subject to a civil fine of

21  not more than $1,000.00 for each violation. A civil fine is in

22  addition to, but not limited by, a criminal penalty prescribed by

23  this act.

24        (15) In addition to any other sanction provided for by this

25  act, the secretary of state director of elections may require a

26  person who files a complaint with a false certificate under

27  subsection (6)(c) to do either or both of the following:

 1        (a) Pay to the secretary of state director of elections some

 2  or all of the expenses incurred by the secretary of state

 3  director of elections as a direct result of the filing of the

 4  complaint.

 5        (b) Pay to the person against whom the complaint was filed

 6  some or all of the expenses, including, but not limited to,

 7  reasonable attorney fees incurred by that person in proceedings

 8  under this act as a direct result of the filing of the complaint.

 9        (16) There is no private right of action, either in law or

10  in equity, under this act. The remedies provided in this act are

11  the exclusive means by which this act may be enforced and by

12  which any harm resulting from a violation of this act may be

13  redressed.

14        (17) The secretary of state director of elections may waive

15  the filing of a campaign statement required under section 33, 34,

16  or 35 if the closing date of the particular campaign statement

17  falls on the same or a later date as the closing date of the next

18  campaign statement filed by the same person, or if the period

19  that would be otherwise covered by the next campaign statement

20  filed by the same person is 10 days or less.

21        (18) The clerk of each county shall do all of the following:

22        (a) Make available through the county clerk's office the

23  appropriate forms, instructions, and manuals required by this

24  act.

25        (b) Under the supervision of the secretary of state director

26  of elections, implement the filing, coding, and cross-indexing

27  system prescribed for the filing of reports and statements

 1  required to be filed with the county clerk's office.

 2        (c) Receive all statements and reports required by this act

 3  to be filed with the county clerk's office.

 4        (d) Upon written request, waive the payment of a late filing

 5  fee if the request for a waiver is based on good cause as

 6  prescribed in subsection (1)(f).

 7        Sec. 16. (1) A filing official shall make a statement or

 8  report required to be filed under this act available for public

 9  inspection and reproduction, commencing as soon as practicable,

10  but not later than the third business day following the day on

11  which it is received, during regular business hours of the filing

12  official. If the report is a report of a late contribution under

13  section 32(1) made to the secretary of state director of

14  elections, the secretary of state director of elections shall

15  also make the report or all of the contents of the report

16  available to the public on the internet, without charge, as soon

17  as practicable but not later than the end of the business day on

18  which it is received, at a single website established and

19  maintained by the secretary of state director of elections.

20        (2) A copy of a statement or part of a statement shall be

21  provided by a filing official at a reasonable charge.

22        (3) A statement open to the public under this act shall not

23  be used for any commercial purpose.

24        (4) Except as otherwise provided in this subsection, a

25  statement of organization filed under this act with a filing

26  official who is not the secretary of state director of elections

27  shall be preserved by that filing official for 5 years from the

 1  official date of the committee's dissolution. A statement of

 2  organization filed under this act with a filing official who is

 3  not the secretary of state director of elections that is filed by

 4  a committee that received more than $50,000.00 in an election

 5  cycle shall be preserved by that filing official for 15 years

 6  from the official date of the committee's dissolution. A

 7  statement of organization filed under this act with the secretary

 8  of state director of elections shall be preserved by the

 9  secretary of state director of elections for 15 years from the

10  official date of the committee's dissolution. Except as otherwise

11  provided in this subsection, any other statement or report filed

12  under this act with a filing official who is not the secretary of

13  state director of elections shall be preserved by that filing

14  official for 5 years from the date the filing occurred. Any other

15  statement or report filed under this act with a filing official

16  who is not the secretary of state director of elections that is

17  filed by a committee that received more than $50,000.00 in an

18  election cycle shall be preserved by that filing official for 15

19  years from the date the filing occurred. Any other statement or

20  report filed under this act with the secretary of state director

21  of elections shall be preserved by the secretary of state

22  director of elections for 15 years from the date the filing

23  occurred. Upon a determination under section 15 that a violation

24  of this act has occurred, all complaints, orders, decisions, or

25  other documents related to that violation shall be preserved by

26  the filing official who is not the secretary of state director of

27  elections or the secretary of state director of elections for 15

 1  years from the date of the court determination or the date the

 2  violations are corrected, whichever is later. Statements and

 3  reports filed under this act may be reproduced pursuant to the

 4  records media reproduction act, 1992 PA 116, MCL 24.401 to 24.403

 5  24.406. After the required preservation period, the statements

 6  and reports, or the reproductions of the statements and reports,

 7  may be disposed of in the manner prescribed in the management and

 8  budget act, 1984 PA 431, MCL 18.1101 to 18.1594, and 1913 PA 271,

 9  MCL 399.1 to 399.10.

10        (5) A charge shall not be collected by a filing official for

11  the filing of a required statement or report or for a form upon

12  which the statement or report is to be prepared, except a late

13  filing fee required by this act.

14        (6) A filing official shall determine whether a statement or

15  report filed under this act complies, on its face, with the

16  requirements of this act and the rules promulgated under this

17  act. The filing official shall determine whether a statement or

18  report that is required to be filed under this act is in fact

19  filed. Within 4 business days after the deadline for filing a

20  statement or report under this act, the filing official shall

21  give notice to the filer by registered mail of an error or

22  omission in the statement or report and give notice to a person

23  the filing official has reason to believe is a person required to

24  and who failed to file a statement or report. A failure to give

25  notice by the filing official under this subsection is not a

26  defense to a criminal action against the person required to file.

27        (7) Within 9 business days after the report or statement is

House Bill No. 4628 (H-4) as amended May 2, 2007

 1  required to be filed, the filer shall make any corrections in the

 2  statement or report filed with the appropriate filing official.

 3  If the report or statement was not filed, then the report or

 4  statement shall be late filed within 9 business days after the

 5  time it was required to be filed and shall be is subject to late

 6  filing fees.

 7        (8) After 9 business days and before 12 business days have

 8  expired after the deadline for filing the statement or report,

 9  the filing official shall report errors or omissions that were

10  not corrected and failures to file to the attorney general or, if

11  the errors or omissions or failure to file involves the attorney

12  general or a campaign or committee with which the attorney

13  general is connected, directly or indirectly, the director of

14  elections shall refer the matter to the prosecuting attorney for

15  the county of Ingham for the enforcement of a criminal penalty

16  provided by this act.

17        (9) A statement or report required to be filed under this

18  act shall be filed not later than 5 p.m. [or, if filed electronically,
    11:59 p.m.] of the day in which it

19  is required to be filed. A preelection statement or report due on

20  July 25 or October 25 under section 33 that is postmarked by

21  registered or certified mail, or sent by express mail or other

22  overnight delivery service, at least 2 days before the deadline

23  for filing is filed within the prescribed time regardless of when

24  it is actually delivered. Any other statement or report required

25  to be filed under this act that is postmarked by registered or

26  certified mail or sent by express mail or other overnight

27  delivery service on or before the deadline for filing is filed

 1  within the prescribed time regardless of when it is actually

 2  delivered.

 3        Sec. 17. (1) A person paying a late filing fee as a result

 4  of that person's failure to file a statement or report shall pay

 5  that fee to the filing official with whom the statement or report

 6  was required to be filed.

 7        (2) The late filing fees collected pursuant to sections 24,

 8  33, 34, and 35, and copying charges collected pursuant to section

 9  16, shall be retained by and for the use of the filing officials

10  collecting the fees or charges to cover their expenses in

11  administering this act. A late filing fee assessed by a county

12  clerk that remains unpaid for more than 60 days shall be

13  considered a debt of the county and shall be collected by the

14  county treasurer in the same manner as other county debts are

15  collected. A late filing fee assessed by the secretary of state

16  director of elections that remains unpaid for more than 180 days

17  shall be referred to the department of treasury for collection.

18        (3) A committee, other than a candidate committee or a

19  committee making expenditures in assistance of or in opposition

20  to the qualification, passage, or defeat of a ballot question,

21  required to file with the secretary of state director of

22  elections is not required to pay a late filing fee pursuant to

23  sections 24, 33, 34, and 35, if all of the following conditions

24  are met:

25        (a) A committee required to register as a committee fails to

26  file a statement of organization.

27        (b) The secretary of state director of elections sends to

 1  that committee notice of the committee's failure to file a

 2  statement of organization.

 3        (c) At the same time or after the notice described in

 4  subdivision (b) is sent, the secretary of state director of

 5  elections sends to that committee notice of the committee's

 6  failure to file a campaign statement that was due for a period

 7  that occurred before the notice of failure to file a statement of

 8  organization was sent.

 9        (d) Within 10 business days after the notice of failure to

10  file a statement of organization is sent, the committee files a

11  statement of organization.

12        (e) Within 10 business days after the notice of failure to

13  file a campaign statement is sent, the committee files every

14  campaign statement that is due.

15        (4) Late filing fees that would have occurred except for

16  subsection (3) shall be assessed for each statement not filed

17  before the eleventh business day after a notice of failure to

18  file is sent pursuant to subsection (3).

19        (5) A committee other than a candidate committee that has

20  not previously filed a statement of organization is not required

21  to pay a late filing fee pursuant to sections 24, 33, 34, and 35,

22  if the committee files a statement of organization and every

23  campaign statement that is due, before the secretary of state

24  director of elections sends a notice to that committee pursuant

25  to subsection (3).

26        Sec. 18. (1) The secretary of state director of elections

27  shall develop and implement an electronic filing and internet

 1  disclosure system that permits committees that are required to

 2  file statements or reports under this act with the secretary of

 3  state director of elections to file those statements or reports

 4  electronically and that provides internet disclosure of

 5  electronically filed statements or reports on a website.

 6        (2) The secretary of state director of elections shall offer

 7  each committee required to file with the secretary of state

 8  director of elections the option of filing campaign statements or

 9  reports electronically, as described in subsection (1).

10        (3) Beginning with the annual campaign statement due January

11  31, 2004, each committee required to file with the secretary of

12  state director of elections that received or expended $20,000.00

13  or more in the preceding calendar year or expects to receive or

14  expend $20,000.00 or more in the current calendar year shall

15  electronically file all statements and reports required under

16  this act, as described in subsection (1).

17        (4) If a committee was not required to file a campaign

18  statement under subsection (3) only because it did not meet the

19  applicable threshold of receiving or expending $20,000.00 or

20  more, but the committee later reaches that threshold, the

21  committee shall notify the secretary of state director of

22  elections within 10 business days after reaching that threshold

23  and shall subsequently file electronically all statements and

24  reports required under this act.

25        (5) The secretary of state director of elections shall

26  permit a committee to electronically file statements and reports

27  required under this act, as described in subsection (1), except

 1  an original statement of organization, after the committee

 2  treasurer and, for a candidate committee, the candidate has

 3  signed and filed a form designed by the secretary of state

 4  director of elections to serve as the signature verifying the

 5  accuracy and completeness of each statement or report filed

 6  electronically.

 7        Sec. 21. (1) A candidate, within 10 days after becoming a

 8  candidate, shall form a candidate committee. A person who is a

 9  candidate for more than 1 office shall form a candidate committee

10  for each office for which the person is a candidate, if at least

11  1 of the offices is a state elective office. A candidate shall

12  not form more than 1 candidate committee for each office for

13  which the person is a candidate.

14        (2) A candidate committee shall have a treasurer who is a

15  qualified elector of this state. A candidate may appoint himself

16  or herself as the candidate committee treasurer.

17        (3) A committee other than a candidate committee shall have

18  a treasurer who is a qualified elector of this state if the

19  committee conducts business through an office or other facility

20  located in this state.

21        (4) If a committee is not required to have as its treasurer

22  an individual who is a qualified elector of this state, the

23  committee may have as its treasurer an individual who is a

24  resident of another state. A committee with a nonresident

25  treasurer shall file, with its statement of organization, an

26  irrevocable written stipulation, signed by the treasurer,

27  agreeing that legal process affecting the committee, served on

 1  the secretary of state director of elections or an agent

 2  designated by the secretary of state director of elections, shall

 3  have the same effect as if personally served on the committee.

 4  This appointment shall remain in force as long as any liability

 5  of the committee remains outstanding within this state.

 6        (5) If the secretary of state director of elections or

 7  designated agent of the secretary of state director of elections

 8  is served with legal process pursuant to subsection (4), the

 9  secretary of state director of elections shall promptly notify

10  the committee's treasurer by certified mail at the last known

11  address of the committee shown on the committee's statement of

12  organization.

13        (6) Except as provided by law, a candidate committee or a

14  committee described in subsection (3) shall have 1 account in a

15  financial institution in this state as an official depository for

16  the purpose of depositing all contributions received by the

17  committee in the form of or which are converted to money, checks,

18  or other negotiable instruments and for the purpose of making all

19  expenditures. The committee shall designate that financial

20  institution as its official depository. The establishment of an

21  account in a financial institution is not required until the

22  committee receives a contribution or makes an expenditure.

23  Secondary depositories shall be used for the sole purpose of

24  depositing contributions and promptly transferring the deposits

25  to the committee's official depository.

26        (7) Except as provided by law, a committee described in

27  subsection (4) shall have 1 account in a financial institution as

 1  its official depository for the purpose of depositing all

 2  contributions received by the committee in the form of or which

 3  are converted to money, checks, or other negotiable instruments

 4  and for the purpose of making all expenditures. The committee

 5  shall designate that financial institution as its official

 6  depository. The establishment of an account in a financial

 7  institution is not required until the committee receives a

 8  contribution or makes an expenditure. Secondary depositories

 9  shall be used for the sole purpose of depositing contributions

10  and promptly transferring the deposits to the committee's

11  official depository.

12        (8) A contribution shall not be accepted and an expenditure

13  shall not be made by a committee that does not have a treasurer.

14  When the office of treasurer in a candidate committee is vacant,

15  the candidate shall be the treasurer until the candidate appoints

16  a new treasurer.

17        (9) An expenditure shall not be made by a committee without

18  the authorization of the treasurer or the treasurer's designee.

19  The contributions received or expenditures made by a candidate or

20  an agent of a candidate shall be considered received or made by

21  the candidate committee.

22        (10) Contributions received by an individual acting in

23  behalf of a committee shall be reported promptly to the

24  committee's treasurer not later than 5 days before the closing

25  date of any campaign statement required to be filed by the

26  committee, and shall be reported to the committee treasurer

27  immediately if the contribution is received less than 5 days

 1  before the closing date.

 2        (11) A contribution shall be considered received by a

 3  committee when it is received by the committee treasurer or a

 4  designated agent of the committee treasurer although the

 5  contribution may not be deposited in the official depository by

 6  the reporting deadline.

 7        (12) Contributions received by a committee shall not be

 8  commingled with other funds of an agent of the committee or of

 9  any other person.

10        (13) A person who violates this section is subject to a

11  civil fine of not more than $1,000.00.

12        Sec. 22. A committee treasurer or other individual

13  designated on the statement of organization as responsible for

14  the committee's record keeping, report preparation, or report

15  filing shall keep detailed accounts, records, bills, and receipts

16  as required to substantiate the information contained in a

17  statement or report filed pursuant to under this act or rules

18  promulgated under this act. The treasurer shall record the name

19  and address of a person from whom a contribution is received

20  except for contributions of $20.00 or less received pursuant to

21  section 41(3). The records of a committee shall be preserved for

22  5 years and shall be made available for inspection as authorized

23  by the secretary of state director of elections. A treasurer or

24  other individual designated as responsible for the committee's

25  record keeping, report preparation, or report filing who

26  knowingly violates this section is subject to a civil fine of not

27  more than $1,000.00.

 1        Sec. 23. Subject to section 15, the secretary of state

 2  director of elections shall promulgate rules for the withdrawal

 3  of funds from a committee account for petty cash expenditures and

 4  for keeping records of the withdrawals. A single expenditure from

 5  a petty cash fund shall not exceed $50.00. A person who violates

 6  this section is subject to a civil fine of 3 times the amount by

 7  which the expenditure exceeds $50.00, but the fine shall not

 8  exceed $1,000.00.

 9        Sec. 24. (1) A committee shall file a statement of

10  organization with the filing officials designated in section 36

11  to receive the committee's campaign statements. A statement of

12  organization shall be filed within 10 days after a committee is

13  formed. A filing official shall maintain a statement of

14  organization filed by a committee until 5 years after the

15  official date of the committee's dissolution. A person who fails

16  to file a statement of organization required by this subsection

17  shall pay a late filing fee of $10.00 for each business day the

18  statement remains not filed in violation of this subsection. The

19  late filing fee shall not exceed $300.00. A person who violates

20  this subsection by failing to file for more than 30 days after a

21  statement of organization is required to be filed is guilty of a

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

23        (2) The statement of organization required by subsection (1)

24  shall include the following information:

25        (a) The name, street address, and if available, the

26  telephone number of the committee. If a committee is a candidate

27  committee, the committee name shall include the first and last

 1  name of the candidate. A committee address may be the home

 2  address of the candidate or treasurer of the committee.

 3        (b) The name, street address, and if available, the

 4  telephone number of the treasurer or other individual designated

 5  as responsible for the committee's record keeping, report

 6  preparation, or report filing.

 7        (c) The name and address of the financial institution in

 8  which the official committee depository is or is intended to be

 9  located, and the name and address of each financial institution

10  in which a secondary depository is or is intended to be located.

11        (d) The full name of the office being sought by, including

12  district number or jurisdiction, and the county residence of each

13  candidate supported or opposed by the committee.

14        (e) A brief statement identifying the substance of each

15  ballot question supported or opposed by the committee. If the

16  ballot question supported or opposed by the committee is not

17  statewide, the committee shall identify the county in which the

18  greatest number of registered voters eligible to vote on the

19  ballot question reside.

20        (f) Identification of the committee as a candidate

21  committee, political party committee, independent committee,

22  political committee, or ballot question committee if it is

23  identifiable as such a committee.

24        (3) An independent committee or political committee shall

25  include in the name of the committee the name of the person or

26  persons that sponsor the committee, if any, or with whom the

27  committee is affiliated. A person, other than an individual or a

 1  committee, sponsors or is affiliated with an independent

 2  committee or political committee if that person establishes,

 3  directs, controls, or financially supports the administration of

 4  the committee. For the purposes of this subsection, a person does

 5  not financially support the administration of a committee by

 6  merely making a contribution to the committee.

 7        (4) If any of the information required in a statement of

 8  organization is changed, the committee shall file an amendment

 9  when the next campaign statement is required to be filed. An

10  independent committee or political committee whose name does not

11  include the name of the person or persons that sponsor the

12  committee or with whom the committee is affiliated as required by

13  subsection (3) shall file an amendment to the committee's

14  statement of organization not later than the date the next

15  campaign statement is required to be filed after the effective

16  date of the amendatory act that added this sentence.

17        (5) When filing a statement of organization, a committee,

18  other than an independent committee, a political committee, or a

19  political party committee, may indicate in a written statement

20  signed by the treasurer of the committee that the committee does

21  not expect for each election to receive an amount in excess of

22  $1,000.00 or expend an amount in excess of $1,000.00.

23        (6) When filing a statement of organization, an independent

24  committee, a political committee, or a political party committee

25  may indicate in a written statement signed by the treasurer of

26  the committee that the committee does not expect in a calendar

27  year to receive or expend an amount in excess of $1,000.00.

 1        (7) Upon the dissolution of a committee, the committee shall

 2  file a statement indicating dissolution with the filing officials

 3  with whom the committee's statement of organization was filed.

 4  Dissolution of a committee shall be accomplished pursuant to

 5  rules promulgated by the secretary of state director of elections

 6  under the administrative procedures act of 1969, 1969 PA 306, MCL

 7  24.201 to 24.328.

 8        (8) A candidate committee that files a written statement

 9  pursuant to subsection (5) shall not be required to file a

10  dissolution statement pursuant to subsection (7) if the committee

11  failed to receive or expend an amount in excess of $1,000.00 and

12  1 of the following applies:

13        (a) The candidate was defeated in an election and has no

14  outstanding campaign debts or assets.

15        (b) The candidate vacates an elective office and has no

16  outstanding campaign debts or assets.

17        Sec. 26. (1) A campaign statement of a committee, other than

18  a political party committee, required by this act shall contain

19  all of the following information:

20        (a) The filing committee's name, address, and telephone

21  number, and the full name, residential and business addresses,

22  and telephone numbers of the committee treasurer or other

23  individual designated as responsible for the committee's record

24  keeping, report preparation, or report filing.

25        (b) Under the heading "receipts", the total amount of

26  contributions received during the period covered by the campaign

27  statement; under the heading "expenditures", the total amount of

 1  expenditures made during the period covered by the campaign

 2  statement; and the cumulative amount of those totals. Forgiveness

 3  of a loan shall not be included in the totals. Payment of a loan

 4  by a third party shall be recorded and reported as an in-kind

 5  contribution by the third party. In-kind contributions or

 6  expenditures shall be listed at fair market value and shall be

 7  reported as both contributions and expenditures. A contribution

 8  or expenditure that is by other than completed and accepted

 9  payment, gift, or other transfer, that is clearly not legally

10  enforceable, and that is expressly withdrawn or rejected and

11  returned before a campaign statement closing date need not be

12  included in the campaign statement and if included may, in a

13  later or amended statement, be shown as a deduction, but the

14  committee shall keep adequate records of each instance.

15        (c) The balance of cash on hand at the beginning and the end

16  of the period covered by the campaign statement.

17        (d) The total amount of contributions received during the

18  period covered by the campaign statement from persons who

19  contributed more than $20.00.

20        (e) The total amount of contributions received during the

21  period covered by the campaign statement from persons who

22  contributed $20.00 or less.

23        (f) The total amount of contributions of $20.00 or less

24  received during the period covered by the campaign statement and

25  the cumulative amount of the contributions received by the filer

26  pursuant to section 41(3).

27  (g) (d) The following information regarding each fund-

 1  raising event shall be included in the report:

 2        (i) The type of event, date held, address and name, if any,

 3  of the place where the activity was held, and approximate number

 4  of individuals participating or in attendance.

 5        (ii) The total amount of all contributions of more than

 6  $20.00.

 7        (iii) The total amount of contributions of $20.00 or less.

 8  (iv) (iii) The gross receipts of the fund-raising event.

 9  (v) (iv) The expenditures incident to the event.

10  (h) (e) The full name of each individual from whom

11  contributions totaling more than $20.00 are received during the

12  period covered by the campaign statement, together with the

13  individual's street address, the amount contributed, the date on

14  which each contribution was received, and the cumulative amount

15  contributed by that individual. The occupation, employer, and

16  principal place of business shall be stated if the individual's

17  cumulative contributions are more than $100.00.

18  (i) (f) The cumulative amount contributed and the name and

19  address of each individual, except those individuals reported

20  under subdivision (e) (h), who contributed a total of more than

21  $20.00 to the committee. The occupation, employer, and principal

22  place of business shall be stated for each individual who

23  contributed more than $100.00.

24  (j) (g) The name and street address of each person, other

25  than an individual, from whom contributions are received during

26  the period covered by the campaign statement, together with an

27  itemization of the amounts contributed, the date on which each

 1  contribution was received, and the cumulative amount contributed

 2  by that person.

 3  (k) (h) The name, address, and amount given by an individual

 4  who contributed more than $20.00 to the total amount contributed

 5  by a person who is other than a committee or an individual. The

 6  occupation, employer, and principal place of business shall be

 7  stated if the individual contributed more than $100.00 of the

 8  total amount contributed by a person who is other than a

 9  committee or an individual.

10  (l) (i) The cumulative total of expenditures of $50.00 or

11  less made during the period covered by the campaign statement

12  except for expenditures made to or on behalf of another

13  committee, candidate, or ballot question.

14  (m) (j) The full name and street address of each person to

15  whom expenditures totaling more than $50.00 were made, together

16  with the amount of each separate expenditure to each person

17  during the period covered by the campaign statement; the purpose

18  of the expenditure; the full name and street address of the

19  person providing the consideration for which any expenditure was

20  made if different from the payee; the itemization regardless of

21  amount of each expenditure made to or on behalf of another

22  committee, candidate, or ballot question; and the cumulative

23  amount of expenditures for or against that candidate or ballot

24  question for an election cycle. An expenditure made in support of

25  more than 1 candidate or ballot question, or both, shall be

26  apportioned reasonably among the candidates or ballot questions,

27  or both.

 1        (2) A candidate committee or ballot question committee shall

 2  report all cumulative amounts required by this section on a per

 3  election cycle basis. Except for subsection (1)(j) (1)(m), an

 4  independent committee or political committee shall report all

 5  cumulative amounts required by this section on a calendar year

 6  basis.

 7        (3) A campaign statement of a committee, in addition to the

 8  other information required by this section, shall include an

 9  itemized list of all expenditures during the reporting period for

10  election day busing of electors to the polls, get-out-the-vote

11  activities, slate cards, challengers, poll watchers, and poll

12  workers.

13        (4) For a reporting period in which a contribution is

14  received that is to be part of a bundled contribution or a

15  reporting period in which a bundled contribution is delivered to

16  the candidate committee of a candidate for statewide elective

17  office, a bundling committee shall report to the secretary of

18  state director of elections, on a form provided by the secretary

19  of state director of elections, all of the following information,

20  as applicable, about each contribution received or delivered as

21  part of a bundled contribution, and about each bundled

22  contribution delivered, in the reporting period:

23        (a) The amount of each contribution of more than $20.00, the

24  date it was received by the bundling committee, and the candidate

25  for statewide elective office whom the contributor designated as

26  the intended recipient.

27        (b) Each contributor's The name and address of each person

 1  that contributes more than $20.00 during the period covered by

 2  the statement and, for each contribution exceeding $100.00, the

 3  contributor's occupation, employer, and principal place of

 4  business.

 5        (c) The date each contribution is delivered to the

 6  candidate's statewide elective office candidate committee.

 7        (d) The total amount of bundled contributions delivered to

 8  that candidate committee during the reporting period and during

 9  the election cycle.

10        (5) With its delivery of a bundled contribution to the

11  candidate committee of a candidate for statewide elective office,

12  a bundling committee shall deliver a report to that candidate

13  committee, on a form provided by the secretary of state director

14  of elections, that includes all of the following information, as

15  applicable, about each contribution delivered as part of the

16  bundled contribution, and about all bundled contributions

17  delivered to that candidate committee in the election cycle:

18        (a) The amount of each contribution of more than $20.00, the

19  date it was received by the bundling committee, and the statewide

20  elective office candidate the contributor designated as the

21  intended recipient.

22        (b) Each contributor's The name and address of each person

23  that contributes more than $20.00 during the period covered by

24  the statement and, for each contribution exceeding $100.00, the

25  contributor's occupation, employer, and principal place of

26  business.

27        (c) The total amount of bundled contributions delivered to

 1  that candidate committee during the reporting period and during

 2  the election cycle.

 3        (6) For a reporting period in which a bundled contribution

 4  is received, a candidate committee of a candidate for statewide

 5  elective office shall report to the secretary of state director

 6  of elections, on a form provided by the secretary of state

 7  director of elections, all of the following information, as

 8  applicable, about each contribution delivered as part of a

 9  bundled contribution received in the reporting period and about

10  all bundled contributions received by that candidate committee:

11        (a) The amount of each contribution of more than $20.00, the

12  date it was received by the candidate committee, and the name of

13  the bundling committee that delivered the contribution.

14        (b) Each contributor's The name and address of each person

15  that contributes more than $20.00 during the period covered by

16  the statement and, for each contribution exceeding $100.00, the

17  contributor's occupation, employer, and principal place of

18  business.

19        (c) The total amount of bundled contributions received by

20  that candidate committee during the reporting period and during

21  the election cycle.

22        Sec. 28. (1) Interest received by a committee on an account

23  consisting of funds money belonging to the committee shall not be

24  considered a contribution to the committee but the committee

25  shall report its receipt on a campaign statement as interest. A

26  committee shall report interest paid by the committee on a

27  campaign statement as an expenditure.

 1        (2) A committee shall report a loan with an outstanding

 2  balance made or received in a separate schedule attached to the

 3  campaign statement providing the date and amount of the loan, the

 4  date and amount of each payment, the amount of cumulative

 5  payments, the amount of the outstanding balance, and whether the

 6  loan payments were made by money, services, property, or other

 7  means. The committee shall provide the name and address of the

 8  lender and each person who is liable directly, indirectly, or

 9  contingently on each loan of more than $20.00. The committee

10  shall provide the occupation and employer, if any, of the lender

11  and each person if the loan is for more than $100.00. If a loan

12  is paid off within a reporting period, this activity need not be

13  reported on a separate schedule to the campaign statement.

14  However, if a loan is forgiven, the committee shall detail that

15  fact on a separate schedule to the campaign statement.

16        (3) Accompanying a campaign statement reporting the receipt

17  of a contribution of more than $20.00 from a person whose

18  treasurer does not reside in, whose principal office is not

19  located in, or whose funds are money is not kept in this state ,

20  shall be a statement certified as true and correct by an officer

21  of the contributing person setting forth the full name, address,

22  along with the amount contributed, of each person who contributed

23  more than $20.00 to the total amount of the contribution. The

24  occupation, employer, and principal place of business shall be

25  stated for each person who contributed more than $100.00. This

26  subsection does not apply if the contributing person is

27  registered as a committee under section 24.

 1        Sec. 29. (1) A campaign statement filed by a political party

 2  committee shall contain all of the following information:

 3        (a) The full name and street address of each person from

 4  whom contributions totaling more than $20.00 are received in a

 5  calendar year, the amount, and the date or dates contributed;

 6  and, if the person is a committee, the name and address of the

 7  committee and the full name of the committee treasurer, together

 8  with the amount of the contribution and the date received. The

 9  occupation, employer, and principal place of business, if any,

10  shall be listed for each person from whom contributions totaling

11  more than $100.00 are received in a calendar year.

12        (b) Accompanying a campaign statement reporting the receipt

13  of a contribution of more than $20.00 from a committee or person

14  whose treasurer does not reside in, whose principal office is not

15  located in, or whose funds are money is not kept in this state,

16  and whose committee has not filed a statement of organization as

17  required in section 24, shall be a statement setting forth the

18  full name and address of the treasurer of the committee.

19        (c) An itemized list of all expenditures, including in-kind

20  contributions and expenditures and loans, made during the period

21  covered by the campaign statement that were contributions to a

22  candidate committee of a candidate for elective office or a

23  ballot question committee; or independent expenditures in support

24  of the qualification, passage, or defeat of a ballot question or

25  in support of the nomination or election of a candidate for

26  elective office or the defeat of any of the candidate's

27  opponents.

 1        (d) The total expenditure by the committee for each

 2  candidate for elective office or ballot question in whose behalf

 3  an independent expenditure was made or a contribution was given

 4  for the election cycle.

 5        (e) The filer's name, address, and telephone number, if

 6  available, if any, and the full name, address, and telephone

 7  number, if available, of the committee treasurer.

 8        (2) The committee shall identify an expenditure listed under

 9  subsection (1)(c) as an independent expenditure or as a

10  contribution to a candidate committee or a ballot question

11  committee.

12        (3) The committee shall designate for a contribution to or

13  on behalf of a candidate committee or ballot question committee

14  listed under subsection (1)(c) the name and address of the

15  committee, the name of the candidate and the office sought, if

16  any, the amount contributed, and the date of contribution.

17        (4) The committee shall designate for an independent

18  expenditure listed under subsection (1)(c) either the name of the

19  candidate for whose benefit the expenditure was made and the

20  office sought by the candidate, or a brief description of the

21  ballot question for which the expenditure was made; the amount,

22  date, and purpose of the expenditure; and the full name and

23  address of the person to whom the expenditure was made.

24        (5) The committee shall apportion an expenditure listed that

25  was made in support of more than 1 candidate or ballot question,

26  or both, reasonably among the candidates or ballot questions, or

27  both.

 1        (6) A campaign statement of a committee, in addition to the

 2  other information required by this section, shall include an

 3  itemized list of all expenditures during the reporting period for

 4  election day busing of electors to the polls, get-out-the-vote

 5  activities, slate cards, challengers, poll watchers, and poll

 6  workers.

 7        Sec. 30. (1) A committee shall not knowingly maintain

 8  receipt of a contribution from a person prohibited from making a

 9  contribution during the prohibited period under section 7b of the

10  Michigan gaming control and revenue act, the Initiated Law of

11  1996, MCL 432.207b.

12        (2) For purposes of this section, a committee is only

13  considered to have knowingly maintained receipt of a contribution

14  prohibited under subsection (1) and is subject to a penalty for

15  that violation if both of the following circumstances exist:

16        (a) The secretary of state director of elections has, by

17  registered mail, notified the committee that the committee has

18  received a contribution in violation of this section and has

19  specifically identified that contribution.

20        (b) The committee fails to return the contribution

21  identified under subdivision (a) on or before the thirtieth

22  business day after the date the committee receives the

23  notification described in subdivision (a).

24        Sec. 33. (1) A committee, other than an independent

25  committee or a political committee required to file with the

26  secretary of state director of elections, supporting or opposing

27  a candidate shall file complete campaign statements as required

 1  by this act and the rules promulgated under this act. The

 2  campaign statements shall be filed according to the following

 3  schedule:

 4        (a) A preelection campaign statement shall be filed not

 5  later than the eleventh day before an election. The closing date

 6  for a campaign statement filed under this subdivision shall be

 7  the sixteenth day before the election.

 8        (b) A postelection campaign statement shall be filed not

 9  later than the thirtieth day following the election. The closing

10  date for a campaign statement filed under this subdivision shall

11  be the twentieth day following the election. A committee

12  supporting a candidate who loses the primary election shall file

13  closing campaign statements in accordance with this section. If

14  all liabilities of such a candidate or committee are paid before

15  the closing date and additional contributions are not expected,

16  the campaign statement may be filed at any time after the

17  election, but not later than the thirtieth day following the

18  election.

19        (2) For the purposes of subsection (1):

20        (a) A candidate committee shall file a preelection campaign

21  statement and a postelection campaign statement for each election

22  in which the candidate seeks nomination or election, except if an

23  individual becomes a candidate after the closing date for the

24  preelection campaign statement only the postelection campaign

25  statement is required for that election.

26        (b) A committee other than a candidate committee shall file

27  a campaign statement for each period during which expenditures

 1  are made for the purpose of influencing the nomination or

 2  election of a candidate or for the qualification, passage, or

 3  defeat of a ballot question.

 4        (3) An independent committee or a political committee other

 5  than a house political party caucus committee or senate political

 6  party caucus committee required to file with the secretary of

 7  state director of elections shall file campaign statements as

 8  required by this act in an even numbered year according to the

 9  following schedule:

10        (a) In an odd numbered year:

11        (i) Not later than January 31 of that year with a closing

12  date of December 31 of the previous year.

13        (ii) Not later than July 25 with a closing date of July 20.

14        (iii) Not later than October 25 with a closing date of October

15  20.

16        (b) In an even numbered year:

17  (a) (i) Not later than April 25 of that year with a closing

18  date of April 20 of that year.

19  (b) (ii) Not later than July 25 with a closing date of July

20  20.

21  (c) (iii) Not later than October 25 with a closing date of

22  October 20.

23        (4) A house political party caucus committee or a senate

24  political party caucus committee required to file with the

25  secretary of state director of elections shall file campaign

26  statements as required by this act according to the following

27  schedule:

House Bill No. 4628 (H-4) as amended May 2, 2007

 1        (a) Not later than January 31 of each even numbered year

 2  with a closing date of December 31 of the immediately preceding

 3  year.

 4        (b) Not later than April 25 of each even numbered year with

 5  a closing date of April 20 of that year.

 6        (c) Not later than July 25 of each even numbered year with a

 7  closing date of July 20 of that year.

 8        (d) Not later than October 25 of each even numbered year

 9  with a closing date of October 20 of that year.

10        (e) For the period beginning on the fourteenth day

11  immediately preceding a primary or special primary election and

12  ending on the day immediately following the primary or special

13  primary election, not later than [4 11:59] p.m. each business day with a

14  closing date of the immediately preceding day, only for a

15  contribution received or expenditure made that exceeds $1,000.00

16  per day.

17        (f) For the period beginning on the fourteenth day

18  immediately preceding a general or special election and ending on

19  the day immediately following the general or special election,

20  not later than [4 11:59] p.m. each business day with a closing date of

21  the immediately preceding day, only for a contribution received

22  or expenditure made that exceeds $1,000.00 per day.

23        (5) Notwithstanding subsection (3) or (4) or section 51, if

24  an independent expenditure is made within 45 days before a

25  special election by an independent committee or a political

26  committee required to file a campaign statement with the

27  secretary of state director of elections, a report of the

 1  expenditure shall be filed by the committee with the secretary of

 2  state director of elections within 48 hours after the

 3  expenditure. The report shall be made on a form provided by the

 4  secretary of state director of elections and shall include the

 5  date of the independent expenditure, the amount of the

 6  expenditure, a brief description of the nature of the

 7  expenditure, and the name and address of the person to whom the

 8  expenditure was paid. The brief description of the expenditure

 9  shall include either the name of the candidate and the office

10  sought by the candidate or the name of the ballot question and

11  shall state whether the expenditure supports or opposes the

12  candidate or ballot question. This subsection does not apply if

13  the committee is required to report the independent expenditure

14  in a campaign statement that is required to be filed before the

15  date of the election for which the expenditure was made.

16        (6) A candidate committee or a committee other than a

17  candidate committee that files a written statement under section

18  24(5) or (6) need not is not required to file a campaign

19  statement under subsection (1), (3), or (4) unless it received or

20  expended an amount in excess of $1,000.00. If the committee

21  receives or expends an amount in excess of $1,000.00 during a

22  period covered by a filing, the committee is then subject to the

23  campaign filing requirements under this act.

24        (7) A committee, candidate, treasurer, or other individual

25  designated as responsible for the committee's record keeping,

26  report preparation, or report filing who fails to file a

27  statement as required by this section shall pay a late filing

 1  fee. If the committee has raised $10,000.00 or less during the

 2  previous 2 years, the late filing fee shall be $25.00 for each

 3  business day the statement remains unfiled, but not to exceed

 4  $500.00. If the committee has raised more than $10,000.00 during

 5  the previous 2 years, the late filing fee shall not exceed

 6  $1,000.00, determined as follows:

 7        (a) Twenty-five dollars for each business day the report

 8  remains unfiled.

 9        (b) An additional $25.00 for each business day after the

10  first 3 business days the report remains unfiled.

11        (c) An additional $50.00 for each business day after the

12  first 10 business days the report remains unfiled.

13        (8) If a candidate, treasurer, or other individual

14  designated as responsible for the committee's record keeping,

15  report preparation, or report filing fails to file 2 statements

16  required by this section or section 35 and both of the statements

17  remain unfiled for more than 30 days, that candidate, treasurer,

18  or other designated individual is guilty of a misdemeanor,

19  punishable by a fine of not more than $1,000.00, or imprisonment

20  for not more than 90 days, or both.

21        (9) If a candidate is found guilty of a violation of this

22  section, the circuit court for that county, on application by the

23  attorney general or the prosecuting attorney of that county, may

24  prohibit that candidate from assuming the duties of a public

25  office or from receiving compensation from public funds, or both.

26        (10) If a treasurer or other individual designated as

27  responsible for a committee's record keeping, report preparation,

 1  or report filing knowingly files an incomplete or inaccurate

 2  statement or report required by this section, that treasurer or

 3  other designated individual is subject to a civil fine of not

 4  more than $1,000.00.

 5        Sec. 34. (1) A ballot question committee shall file a

 6  campaign statement as required by this act according to the

 7  following schedule:

 8        (a) A preelection campaign statement, the closing date of

 9  which shall be the sixteenth day before the election, shall not

10  be filed later than the eleventh day before the election.

11        (b) A postelection campaign statement, the closing date of

12  which shall be the twentieth day following the election, shall

13  not be filed later than the thirtieth day following an election.

14  If all liabilities of the committee are paid before the closing

15  date and additional contributions are not expected, the campaign

16  statement may be filed at any time after the election, but not

17  later than the thirtieth day following the election.

18        (2) A ballot question committee supporting or opposing a

19  statewide ballot question shall file a campaign statement, of

20  which the closing date shall be the twenty-eighth day after the

21  qualification of the measure, not later than 35 days after the

22  ballot question is qualified for the ballot. If the ballot

23  question fails to qualify for the ballot, the ballot question

24  committee shall file the campaign statement within 35 days after

25  the final deadline for qualifying, the closing date of which

26  shall be the twenty-eighth day after the deadline.

27        (3) If a ballot question committee supporting or opposing a

 1  statewide ballot question fails to file a preelection statement

 2  under this section, that committee or its treasurer shall pay a

 3  late filing fee for each business day the statement remains not

 4  filed in violation of this section, not to exceed $1,000.00,

 5  pursuant to the following schedule:

 6        (a) First day--$25.00.

 7        (b) Second day--$50.00.

 8        (c) Third day--$75.00.

 9        (d) Fourth day and for each subsequent day that the

10  statement remains unfiled--$100.00.

11        (4) If a treasurer or other individual designated as

12  responsible for the record keeping, report preparation, or report

13  filing of a ballot question committee supporting or opposing a

14  statewide ballot question fails to file a statement, other than a

15  preelection statement, under this section, that committee,

16  treasurer, or other designated individual shall pay a late filing

17  fee. If the committee has raised $10,000.00 or less during the

18  previous 2 years, the late filing fee shall be $25.00 for each

19  business day the campaign statement remains unfiled, but not to

20  exceed $1,000.00. If the committee has raised more than

21  $10,000.00 during the previous 2 years, the late filing fee shall

22  be $50.00 for each business day the campaign statement remains

23  unfiled, but not to exceed $2,000.00.

24        (5) If a treasurer or other individual designated as

25  responsible for the record keeping, report preparation, or report

26  filing of a ballot question committee supporting or opposing

27  other than a statewide ballot question fails to file a statement

 1  under this section, that committee, treasurer, or other

 2  designated individual shall pay a late filing fee. If the

 3  committee has raised $10,000.00 or less during the previous 2

 4  years, the late filing fee shall be $25.00 for each business day

 5  the campaign statement remains unfiled, but not to exceed

 6  $1,000.00. If the committee has raised more than $10,000.00

 7  during the previous 2 years, the late filing fee shall be $50.00

 8  for each business day the campaign statement remains unfiled, but

 9  not to exceed $2,000.00.

10        (6) If a treasurer or other individual designated as

11  responsible for the record keeping, report preparation, or report

12  filing of a ballot question committee fails to file a statement

13  as required by subsection (1) or (2) for more than 7 days, that

14  treasurer or other designated individual is guilty of a

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

16  imprisonment for not more than 90 days, or both.

17        (7) If a treasurer or other individual designated as

18  responsible for the record keeping, report preparation, or report

19  filing of a ballot question committee knowingly files an

20  incomplete or inaccurate statement or report required by this

21  section, that treasurer or other designated individual is subject

22  to a civil fine of not more than $1,000.00.

23        Sec. 35. (1) In addition to any other requirements of this

24  act for filing a campaign statement, a committee, other than an

25  independent committee or a political committee required to file

26  with the secretary of state, shall also file a each of the

27  following campaign statements:

 1        (a) A campaign statement not later than January 31 of each

 2  even numbered year. The campaign statement shall have a closing

 3  date of December 31 of the previous year. The period covered by

 4  the campaign statement filed pursuant to this subsection begins

 5  the day after the closing date of the previous campaign

 6  statement. A campaign statement filed pursuant to this subsection

 7  shall be waived if a postelection campaign statement has been

 8  filed that has a filing deadline within 30 days of the closing

 9  date of the campaign statement required by this subsection.

10        (b) In each even numbered year, a campaign statement not

11  later than April 30 with a closing date of March 31.

12        (2) In addition to any other requirements of this act for

13  filing a campaign statement, a committee shall also file campaign

14  statements not later than the following dates in odd numbered

15  years:

16        (a) January 31 with a closing date of December 31 of the

17  previous year.

18        (b) April 30 with a closing date of March 31.

19        (c) July 31 with a closing date of June 30.

20        (d) October 31 with a closing date of September 30.

21  (3) (2) Subsection (1) or (2) does not apply to a candidate

22  committee for an officeholder who is a judge or a supreme court

23  justice, or who holds an elective office for which the salary is

24  less than $100.00 a month and who does not receive any a

25  contribution or make any an expenditure during the time that

26  would be otherwise covered in the statement.

27  (4) (3) A committee, candidate, treasurer, or other

 1  individual designated as responsible for the record keeping,

 2  report preparation, or report filing for a candidate committee of

 3  a candidate for state elective office or a judicial office who

 4  fails to file a campaign statement under this section shall be

 5  assessed a late filing fee. If the committee has raised

 6  $10,000.00 or less during the previous 2 years, the late filing

 7  fee shall be $25.00 for each business day the campaign statement

 8  remains unfiled, but not to exceed $500.00. If the committee has

 9  raised more than $10,000.00 during the previous 2 years, the late

10  filing fee shall be $50.00 for each business day the campaign

11  statement remains unfiled, but not to exceed $1,000.00. The late

12  filing fee assessed under this subsection shall be paid by the

13  candidate, and the candidate shall not use committee funds to pay

14  that fee. A committee, treasurer, or other individual designated

15  as responsible for the record keeping, report preparation, or

16  report filing for a committee other than a candidate committee of

17  a candidate for state elective office or a judicial office who

18  fails to file a campaign statement under this section shall pay a

19  late filing fee of $25.00 for each business day the campaign

20  statement remains not filed in violation of this section. The

21  late filing fee shall not exceed $500.00.

22  (5) (4) A committee filing a written statement pursuant to

23  under section 24(5) or (6) need not is not required to file a

24  statement in accordance with under subsection (1). If a committee

25  receives or expends more than $1,000.00 during a time period

26  prescribed by section 24(5) or (6), the committee is then subject

27  to the campaign filing requirements under this act and shall file

 1  a campaign statement for the period beginning the day after the

 2  closing date of the last postelection campaign statement or an

 3  annual campaign statement that is waived pursuant to under

 4  subsection (1), whichever occurred earlier.

 5  (6) (5) If a candidate, treasurer, or other individual

 6  designated as responsible for the record keeping, report

 7  preparation, or report filing fails to file 2 statements required

 8  by this section or section 33 and both of the statements remain

 9  unfiled for more than 30 days, that candidate, treasurer, or

10  other designated individual is guilty of a misdemeanor,

11  punishable by a fine of not more than $1,000.00, or imprisonment

12  for not more than 90 days, or both.

13  (7) (6) If a treasurer or other individual designated as

14  responsible for the record keeping, report preparation, or report

15  filing for a committee required to file a campaign statement

16  under subsection (1) knowingly files an incomplete or inaccurate

17  statement or report required by this section, that treasurer or

18  other designated individual is subject to a civil fine of not

19  more than $1,000.00.

20        Sec. 36. (1) A candidate committee for a state elective

21  office or a judicial office shall file a copy of the campaign

22  statement required under this act with the secretary of state

23  director of elections. The secretary of state director of

24  elections shall reproduce the copy and transmit the reproduction

25  to the clerk of the county of residence of the candidate.

26        (2) A ballot question committee supporting or opposing a

27  statewide ballot question shall file a copy of the campaign

 1  statement required under this act with the secretary of state

 2  director of elections and with the clerk of the most populous

 3  county in the state. A ballot question committee supporting or

 4  opposing a ballot question to be voted upon in more than 1

 5  county, but not statewide, shall file a copy of the campaign

 6  statement required under this act with the clerk of the county in

 7  which the greatest number of registered voters eligible to vote

 8  on the ballot question reside. A ballot question committee

 9  supporting or opposing a ballot question to be voted upon within

10  a single county shall file a copy of the campaign statement

11  required under this act only with the clerk of that county.

12        (3) A political party committee shall file a copy of the

13  campaign statement required under this act with the secretary of

14  state director of elections. The secretary of state director of

15  elections shall reproduce a copy of the campaign statement of a

16  political party committee that is a county committee and file the

17  copy with the clerk of the county where the county committee

18  operates.

19        (4) A committee supporting or opposing a candidate for local

20  elective office, if the office is to be voted on in more than 1

21  county but not statewide, shall file a copy of the campaign

22  statement required under this act with the clerk of the county in

23  which the greatest number of registered voters eligible to vote

24  on the office reside.

25        (5) A committee not covered under subsection (1), (2), (3),

26  or (4) shall file a copy of the campaign statement required under

27  this act with the secretary of state director of elections,

 1  except that a committee reporting contributions or expenditures

 2  for a candidate within only 1 county shall file a statement only

 3  with the clerk of that county.

 4        (6) A local unit of government that receives copies of

 5  campaign statements under this section shall make the statements

 6  available for public inspection and reproduction during regular

 7  business hours of the local unit of government. The local unit of

 8  government shall make the statements available as soon as

 9  practicable after receipt, but not later than the third business

10  day following the day on which they are received.

11        Sec. 41. (1) A person shall not make or accept a single

12  contribution of more than $20.00 in cash or make or accept a

13  single expenditure of more than $50.00 in cash. Contributions of

14  more than $20.00 and expenditures of more than $50.00, other than

15  an in-kind contribution or expenditure, shall be made by written

16  instrument containing the names of the payor and the payee.

17        (2) A person shall not accept or expend an anonymous

18  contribution. An anonymous contribution received by a person

19  shall not be deposited but shall be given to a tax exempt

20  charitable organization. The charitable organization receiving

21  the contribution shall provide the person with a receipt. The

22  receipt shall be retained by an appropriate committee pursuant to

23  section 22.

24        (3) A contribution received as the result of a fund-raising

25  event or casual services or from the sale of political

26  merchandise that is $20.00 or less in the aggregate from a person

27  in any calendar year is not considered an anonymous contribution.

 1  A contribution received from membership fees, dues, or

 2  subscriptions for political purposes to an independent committee

 3  or a political party committee that is $20.00 or less in the

 4  aggregate from a person in any calendar year is not considered an

 5  anonymous contribution.

 6        (4) A person making a contribution pursuant to subsection

 7  (3) that is more than $20.00 in any calendar year when added to

 8  all other contributions made to that committee by that person

 9  shall furnish the recipient with the donor's name, address, and

10  the total amount contributed.

11  (5) (3) A contribution shall not be made, directly or

12  indirectly, by any person in a name other than the name by which

13  that person is identified for legal purposes.

14  (6) (4) A person who knowingly violates this section is

15  guilty of a misdemeanor punishable, if the person is an

16  individual, by a fine of not more than $1,000.00 or imprisonment

17  for not more than 90 days, or both, or, if the person is other

18  than an individual, by a fine of not more than $10,000.00.

19        Sec. 42. (1) A person who accepts a contribution, other than

20  by written instrument, on behalf of another and acts as the

21  intermediary or agent of the person from whom the contribution

22  was accepted shall disclose to the recipient of the contribution

23  the intermediary's own name and address and the name and address

24  of the actual source of the contribution.

25        (2) A contribution of more than $20.00 from a person whose

26  treasurer does not reside in, whose principal office is not

27  located in, or whose funds are money is not kept in this state ,

 1  shall not be accepted by a person for purposes of supporting or

 2  opposing candidates for elective office or the qualification,

 3  passage, or defeat of a ballot question unless accompanied by a

 4  statement certified as true and correct by an officer of the

 5  contributing person setting forth the full name and address along

 6  with the amount contributed, of each person who contributed more

 7  than $20.00 to the total amount of the contribution. The

 8  occupation, employer, and principal place of business shall be

 9  listed for each person who contributed more than $100.00 to the

10  total amount of the contribution. The certified statement shall

11  also state that the contribution was not made from an account

12  containing funds money prohibited by section 54. This subsection

13  does not apply if the contributing person is registered as a

14  committee under section 24.

15        (3) A person shall not receive a contribution from a person

16  other than a committee unless, for purposes of the recipient

17  person's record keeping and reporting requirements, the

18  contribution is accompanied by the name and address of each

19  person who contributed more than $20.00 to the total amount of

20  the contribution and the name, address, occupation, employer, and

21  principal place of business of each person who contributed more

22  than $100.00 to the total amount of the contribution.

23        (4) A contribution from a person whose treasurer does not

24  reside in, whose principal office is not located in, or whose

25  money is not kept in this state shall not be accepted by a person

26  for purposes of supporting or opposing candidates for elective

27  office if the contributing person has received contributions on

 1  an automatic basis, including, but not limited to, a payroll

 2  deduction plan, unless the contribution is accompanied by a

 3  statement, certified as true and correct by an officer of the

 4  contributing person, setting forth that all contributions

 5  received on an automatic basis are in full compliance with

 6  section 55.

 7        (5) A person who knowingly violates this section is guilty

 8  of a misdemeanor punishable, if the person is an individual, by a

 9  fine of not more than $1,000.00 or imprisonment for not more than

10  90 days, or both, or, if the person is other than an individual,

11  by a fine of not more than $10,000.00.

12        Sec. 43a. (1) A candidate committee shall not pay the

13  candidate, and a candidate shall not receive from his or her

14  candidate committee, wages, a salary, or other employment

15  compensation.

16        (2) An individual who knowingly violates this section is

17  guilty of a misdemeanor punishable by imprisonment for not more

18  than 90 days or a fine of not more than $1,000.00, or both. A

19  committee that violates this section is subject to a fine of not

20  more than $10,000.00.

21        Sec. 46. At the beginning of every odd numbered year, the

22  secretary of state director of elections shall recommend

23  adjustments to, and which shall be approved by the legislature,

24  of the dollar value contribution limits provided in this act

25  chapter, together with the dollar value floor for reporting of

26  the name, address, occupation, and employer, or principal place

27  of business of persons who make contributions pursuant to this

 1  chapter act, on the basis of the United States department of

 2  commerce's consumer price index and the number of registered

 3  voters in the state.

 4        Sec. 47. (1) Except as otherwise provided in this subsection

 5  and subject to subsections (3) and (4), a billboard, placard,

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

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

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

 9  as otherwise provided in this subsection and subject to

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

11  candidate is an independent expenditure that is not authorized in

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

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

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

15  not subject to this subsection if the individual is acting

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

17  committee.

18        (2) A radio or television paid advertisement having

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

20  identify the sponsoring person as required by the federal

21  communications commission, shall bear the name of the person

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

23  subsection (3) and with the following:

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

25  a candidate and is an independent expenditure, the advertisement

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

27  candidate".

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

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

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

 4  advertisement shall contain the following disclaimer:

5    "Authorized by  ............................................".

6             (name of candidate or name of candidate committee)

7    "I am _________________________ and I approve this message.".

8            (name of candidate)

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

10  disclaimer required by this section shall be determined by rules

11  promulgated by the secretary of state director of elections. The

12  rules may exempt printed matter and certain other items such as

13  campaign buttons or balloons, the size of which makes it

14  unreasonable to add an identification or disclaimer, from the

15  identification or disclaimer required by this section.

16        (4) Except for a candidate committee's printed matter or

17  radio or television paid advertisements, each identification or

18  disclaimer required by this section shall also indicate that the

19  printed matter or radio or television paid advertisement is paid

20  for "with regulated funds". Printed matter or a radio or

21  television paid advertisement that is not subject to this act

22  shall not bear the statement required by this subsection.

23        (5) A person who knowingly violates this section is guilty

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

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

26  Sec. 48. (1) A communication advocating the election or

 1  defeat of a candidate that is designed to contact electors

 2  through automated telephonic, electronic mail, or other

 3  electronic means and to which section 47 does not apply shall

 4  clearly state the name of the person paying for the

 5  communication.

 6        (2) If the communication described in subsection (1)

 7  advocates the election or defeat of a candidate and is an

 8  independent expenditure not authorized in writing by that

 9  candidate's candidate committee, the communication shall also

10  clearly state the following disclaimer: "Not authorized by any

11  candidate committee.". If the communication described in

12  subsection (1) advocates the election or defeat of a candidate

13  and is not an independent expenditure, but is paid for by a

14  person other than the candidate whom it advocates the election or

15  defeat of, the communication shall also clearly state the

16  following disclaimer:

17   "Authorized by ___________________________________________".

18            (name of candidate or name of candidate committee)

19        (3) A telephonic communication described in subsection (1)

20  shall state the name of the person paying for the communication

21  and any disclaimers required under subsection (2) at the

22  beginning of the telephonic communication. A telephonic

23  communication described in subsection (1) shall not take place

24  between the hours of 9 p.m. and 9 a.m.

25        (4) For a visual communication governed by this section, the

26  director of elections shall promulgate rules regulating the size

 1  and placement of an identification or disclaimer required by this

 2  section.

 3        (5) A person who knowingly violates this section is guilty

 4  of a misdemeanor punishable by imprisonment for not more than 90

 5  days or a fine of not more than $500.00, or both.

 6        Sec. 50. A legislator An individual who holds state elective

 7  office shall not accept an honorarium. A person An individual who

 8  knowingly violates this section is guilty of a misdemeanor

 9  punishable by a fine of not more than $1,000.00 or imprisonment

10  for not more than 90 days, or both.

11        Sec. 51. A person, other than a committee, who makes an

12  independent expenditure, advocating the election of a candidate

13  or the defeat of a candidate's opponents or the qualification,

14  passage, or defeat of a ballot question, in an amount of $100.01

15  or more in a calendar year shall file a report of the independent

16  expenditure, within 10 days, with the clerk of the county of

17  residence of that person. The report shall be made on an

18  independent expenditure report form provided by the secretary of

19  state director of elections and shall include the date of the

20  expenditure, a brief description of the nature of the

21  expenditure, the amount, the name and address of the person to

22  whom it was paid, the name and address of the person filing the

23  report, together with the name, address, occupation, employer,

24  and principal place of business of each person who contributed

25  $100.01 or more to the expenditure. The filing official receiving

26  the report shall forward copies, as required, to the appropriate

27  filing officers as described in section 36.

 1        Sec. 55. (1) A corporation organized on a for profit or

 2  nonprofit basis, a joint stock company, a domestic dependent

 3  sovereign, or a labor organization formed under the laws of this

 4  or another state or foreign country may make an expenditure for

 5  the establishment and administration and solicitation of

 6  contributions to a separate segregated fund to be used for

 7  political purposes. A separate segregated fund established under

 8  this section shall be limited to making contributions to, and

 9  expenditures on behalf of, candidate committees, ballot question

10  committees, political party committees, political committees, and

11  independent committees.

12        (2) Contributions for a separate segregated fund established

13  by a corporation, organized on a for profit basis, or a joint

14  stock company under this section may be solicited from any of the

15  following persons or their spouses immediate family:

16        (a) Stockholders of the corporation or company.

17        (b) Officers and directors of the corporation or company.

18        (c) Employees of the corporation or company who have policy

19  making, managerial, professional, supervisory, or administrative

20  nonclerical responsibilities.

21        (3) Contributions for a separate segregated fund established

22  under this section by a corporation organized on a nonprofit

23  basis may be solicited from any of the following persons or their

24  spouses immediate family:

25        (a) Members of the corporation who are individuals.

26        (b) Stockholders of members of the corporation.

27        (c) Officers or directors of members of the corporation.

 1        (d) Employees of the members of the corporation who have

 2  policy making, managerial, professional, supervisory, or

 3  administrative nonclerical responsibilities.

 4        (e) Employees of the corporation who have policy making,

 5  managerial, professional, supervisory, or administrative

 6  nonclerical responsibilities.

 7        (4) Contributions for a separate segregated fund established

 8  under this section by a labor organization may be solicited from

 9  any of the following persons or their spouses immediate family:

10        (a) Members of the labor organization who are individuals.

11        (b) Officers or directors of the labor organization.

12        (c) Employees of the labor organization who have policy

13  making, managerial, professional, supervisory, or administrative

14  nonclerical responsibilities.

15        (5) Contributions for a separate segregated fund established

16  under this section by a domestic dependent sovereign may be

17  solicited from an individual who is a member of any domestic

18  dependent sovereign.

19        (6) Contributions shall not be obtained for a separate

20  segregated fund established under this section by use of coercion

21  or physical force, by making a contribution a condition of

22  employment or membership, or by using or threatening to use job

23  discrimination or financial reprisals. A corporation organized on

24  a for profit or nonprofit basis, a joint stock company, a

25  domestic dependent sovereign, or a labor organization shall not

26  solicit or obtain contributions for a separate segregated fund

27  established under this section from an individual described in

 1  subsection (2), (3), (4), or (5) on an automatic or a passive

 2  basis including but not limited to a payroll deduction plan or

 3  reverse checkoff method. A corporation organized on a for profit

 4  or nonprofit basis, a joint stock company, a domestic dependent

 5  sovereign, or a labor organization may solicit or obtain

 6  contributions for a separate segregated fund established under

 7  this section from an individual described in subsection (2), (3),

 8  (4), or (5) on an automatic basis, including but not limited to a

 9  payroll deduction plan, only if the individual who is

10  contributing to the fund affirmatively consents to the

11  contribution. at least once in every calendar year.

12        (7) A person who knowingly violates this section is guilty

13  of a felony punishable, if the person is an individual, by a fine

14  of not more than $5,000.00 or imprisonment for not more than 3

15  years, or both, or, if the person is not an individual, by a fine

16  of not more than $10,000.00.

17        (8) If a corporation, joint stock company, domestic

18  dependent sovereign, or labor organization that obtains

19  contributions for a separate segregated fund from individuals

20  described in subsection (2), (3), (4), or (5) pays to 1 or more

21  of those individuals a bonus or other remuneration for the

22  purpose of reimbursing those contributions, then that

23  corporation, joint stock company, domestic dependent sovereign,

24  or labor organization is subject to a civil fine equal to 2 times

25  the total contributions obtained from all individuals for the

26  separate segregated fund during that calendar year.

27        (9) As used in this section, "immediate family" means a

 1  spouse, a child of voting age that is residing in the candidate's

 2  household, or any individual of voting age who is claimed by the

 3  candidate or the candidate's spouse as a dependent for federal

 4  income tax purposes.

 5        Sec. 57. (1) A public body or an individual acting for a

 6  public body shall not use or authorize the use of funds,

 7  personnel, office space, computer hardware or software, property,

 8  stationery, postage, vehicles, equipment, supplies, or other

 9  public resources to make a contribution or expenditure or provide

10  volunteer personal services that are excluded from the definition

11  of contribution under section 4(3)(a). This subsection does not

12  apply to any of the following:

13        (a) The expression of views by an elected or appointed

14  public official who has policy making responsibilities.

15        (b) The production or dissemination of factual information

16  concerning issues relevant to the function of the public body.

17        (c) The production or dissemination of debates, interviews,

18  commentary, or information by a broadcasting station, newspaper,

19  magazine, or other periodical or publication in the regular

20  course of broadcasting or publication.

21        (d) The use of a public facility owned or leased by, or on

22  behalf of, a public body if any candidate or committee has an

23  equal opportunity to use the public facility.

24        (e) The use of a public facility owned or leased by, or on

25  behalf of, a public body if that facility is primarily used as a

26  family dwelling and is not used to conduct a fund-raising event.

27        (f) An elected or appointed public official or an employee

 1  of a public body who, when not acting for a public body but is on

 2  his or her own personal time, is expressing his or her own

 3  personal views, is expending his or her own personal funds, or is

 4  providing his or her own personal volunteer services.

 5        (g) The use of public resources to permit a public employee,

 6  including, but not limited to, employees of public universities,

 7  to contribute to a political action committee of the employee's

 8  collective bargaining representative by payroll deduction.

 9        (2) A person who knowingly violates this section is guilty

10  of a misdemeanor punishable, if the person is an individual, by a

11  fine of not more than $1,000.00 or imprisonment for not more than

12  1 year, or both, or if the person is not an individual, by 1 of

13  the following, whichever is greater:

14        (a) A fine of not more than $20,000.00.

15        (b) A fine equal to the amount of the improper contribution

16  or expenditure.

17        Sec. 57a. (1) A candidate or person acting on behalf of a

18  candidate shall not solicit or accept a contribution in a

19  facility owned or leased by, or on behalf of, this state, a

20  public body, or a division or agency of the court of justice of

21  this state.

22        (2) A person who violates this section is guilty of a

23  misdemeanor punishable by imprisonment for not more than 90 days

24  or a fine equal to the greater of $1,000.00 or the amount of the

25  improper solicitation or contribution, or both imprisonment and a

26  fine.

27        Sec. 63. (1) The secretary of state director of elections

 1  shall receive and keep a record of each candidate's certified

 2  statements of qualifying contributions. A statement shall include

 3  in alphabetical order the full name and street address of each

 4  person from whom a qualifying contribution is received during the

 5  reporting period, together with the amount of each contribution

 6  and the date received by the treasurer of the committee.

 7        (2) The secretary of state director of elections shall

 8  promptly notify a candidate for nomination for governor when that

 9  candidate qualifies under this act to receive moneys money from

10  the state campaign fund.

11        (3) If a candidate desires to receive moneys money from the

12  state campaign fund and received notice of qualification for

13  funding under subsection (2), the candidate shall apply to the

14  secretary of state director of elections. The candidate shall

15  state the amount of moneys money desired from the state campaign

16  fund in the application. The candidate shall state in the

17  application for state campaign fund money that the candidate and

18  the candidate's committee agree to adhere to expenditure

19  limitations stated in section 67.

20        (4) The secretary of state director of elections shall

21  determine the maximum amount for which the candidate qualifies

22  under this act. The secretary of state director of elections

23  shall forward information as to this amount and the application

24  for funding to the state treasurer.

25        (5) The state treasurer shall issue a warrant drawn on the

26  state campaign fund for an amount equal to the maximum amount

27  which the candidate is qualified to receive or the amount applied

 1  for, whichever is less. The warrant shall not be issued before

 2  January 1 of the year in which the election for governor is to be

 3  held.

 4        Sec. 64. (1) A candidate in a primary election may obtain

 5  funds from the state campaign fund in an amount equal to $2.00

 6  for each $1.00 of qualifying contribution if the candidate

 7  certifies to the secretary of state director of elections both of

 8  the following:

 9        (a) That the candidate committee of the candidate received

10  $75,000.00 or more of qualifying contributions.

11        (b) That the full name and address of each person making a

12  qualifying contribution is recorded by the candidate committee of

13  the candidate certifying. This requirement is in addition to and

14  not in lieu of any other requirements relating to the recording

15  and reporting of contributions.

16        (2) A candidate is not entitled to funds money from the

17  state campaign fund for a primary election if it is determined

18  the name of the candidate is ineligible to appear on the primary

19  election ballot pursuant to section 53 of the Michigan election

20  law, Act No. 116 of the Public Acts of 1954, as amended, being

21  section 168.53 of the Michigan Compiled Laws 1954 PA 116, MCL

22  168.53. A candidate who does not file nominating petitions for

23  the office of governor or who files an insufficient petition for

24  that office shall return all funds money received from the state

25  campaign fund for that primary election.

26        (3) A candidate shall not receive from the state campaign

27  fund for a primary more than $990,000.00.

 1        (4) For purposes of As used in this section, "primary

 2  election" is means the election described in section 52 of Act

 3  No. 116 of the Public Acts of 1954, as amended, being section

 4  168.52 of the Michigan Compiled Laws the Michigan election law,

 5  1954 PA 116, MCL 168.52.

 6        Sec. 65. (1) A major political party nominee is entitled to

 7  an amount from the state campaign fund of not more than

 8  $1,125,000.00 for a general election. A candidate, subject to

 9  law, may raise the remaining amount of the permissible

10  expenditure limit in private contributions. An eligible candidate

11  in a general election may elect to accept partial payment of

12  money from the state campaign fund and instead raise private

13  contributions as provided by law that, when added to the amount

14  received from the state campaign fund, do not exceed the

15  expenditure limit designated in section 67.

16        (2) A minor political party nominee whose party received 5%

17  or more of the vote for the same office in the last election is

18  entitled to an amount from the state campaign fund of not more

19  than $1,125,000.00, multiplied by the number of popular votes the

20  minor party received in the preceding general election for

21  governor and then divided by the average number of votes the

22  major parties received in that general election for governor.

23        (3) A minor political party nominee not eligible under

24  subsection (2) but who receives more than 5% of the vote in that

25  general election for governor is entitled to reimbursement from

26  the state campaign fund in an amount of not more than

27  $1,125,000.00, multiplied by the number of popular votes the

 1  minor party received in the preceding general election for

 2  governor and then divided by the average number of votes the

 3  major parties received in that general election for governor.

 4        (4) A minor political party nominee qualified under

 5  subsection (2) who receives more popular votes in an election

 6  than the candidate of that minor political party received at the

 7  preceding election is entitled to additional reimbursement from

 8  the state campaign fund in an amount determined as follows:

 9        (a) Compute the amount that the candidate would have

10  received under subsection (3) had the candidate otherwise

11  qualified.

12        (b) Subtract the amount received under subsection (2) from

13  the amount computed under subdivision (a).

14        (5) A candidate listed on the ballot in the general election

15  is entitled to $1.00 for each $1.00 of qualifying contributions

16  certified to the secretary of state director of elections

17  pursuant to this act up to $750,000.00, if the candidate has

18  certified to the secretary of state director of elections

19  $75,000.00 or more in qualifying contributions. A candidate who

20  chooses to receive any public funds under this subsection shall

21  not receive any money under subsection (1), (2), (3), or (4).

22        (6) A major political party nominee shall receive from the

23  state treasurer $56,250.00 of the funds that the candidate may be

24  entitled to under this section not later than 10 days after the

25  primary election, unless there is less than a 2% difference in

26  vote totals of the top 2 primary election candidates of the same

27  political party according to unofficial vote totals available to

 1  the secretary of state director of elections. The balance of any

 2  funds owed to a major political party nominee under this section

 3  shall be payable by the state treasurer within 3 days after the

 4  board of state canvassers' certification of the primary election

 5  results, but not later than 30 days after the primary election.

 6  Any funds paid to a major political party nominee under this

 7  section either erroneously or based on election results that are

 8  reversed due to a recount or fraud shall be repaid by that major

 9  political party nominee to the state treasurer within 60 days of

10  receipt of notification by certified mail from the state

11  treasurer.

12        Sec. 67. (1) Expenditures made by a candidate committee to

13  further the nomination or election of a candidate may not exceed

14  $2,000,000.00 in the aggregate for 1 election. An expenditure by

15  a candidate committee for an incidental expense under section 21a

16  is not considered an expenditure for the purposes of the

17  expenditure limitations set forth in this subsection.

18        (2) An expenditure by a candidate committee to purchase

19  space in a newspaper or other periodical or time on radio or

20  television for the purpose of responding to an editorial in the

21  same newspaper or periodical or on the same station or channel

22  that was unfavorable to the committee's candidate or that

23  endorsed the candidate's opponent is not considered an

24  expenditure for the purposes of the expenditure limitations set

25  forth in subsection (1). This subsection only applies to 1

26  response made to a particular editorial, unfavorable report, or

27  endorsement of an opponent and does not apply unless the

 1  candidate is refused free space or time in which to answer.

 2        (3) A person who knowingly violates subsection (1) is guilty

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

 4  or imprisonment for not more than 90 days, or both.

 5        (4) If a person who is subject to this section is found

 6  guilty, the circuit court, on application by the attorney general

 7  or the prosecuting attorney of that county, may prohibit that

 8  person from assuming the duties of a public office or from

 9  receiving compensation from public funds, or both.

10        Sec. 68. (1) A debt for goods, services, materials,

11  facilities, or anything of value in furtherance of, or in

12  opposition to, the nomination for, or election to, office of a

13  candidate shall not be incurred by a person which, when paid,

14  will cause the expenditures of that candidate or person to exceed

15  any limit imposed by this act. A person who knowingly violates

16  this subsection is guilty of a misdemeanor and shall be punished

17  by a fine of not more than $1,000.00, or imprisoned for not more

18  than 90 days, or both.

19        (2) If a person who is subject to this section is found

20  guilty, the circuit court of that county, on application by the

21  attorney general or the prosecuting attorney of that county, may

22  prohibit that person from assuming the duties of a public office

23  or from receiving compensation from public funds, or both.

24        Sec. 69. (1) Except as provided in subsection (6) or (10), a

25  person other than an independent committee or a political party

26  committee shall not make contributions to a candidate committee

27  of a candidate that are more than $3,400.00 in value for an

 1  election cycle.

 2        (2) Except as provided in subsection (11), an independent

 3  committee shall not make contributions to a candidate committee

 4  that for an election cycle are more than 10 times the amount

 5  permitted a person other than an independent committee or

 6  political party committee in subsection (1).

 7        (3) A political party committee that is a state central

 8  committee shall not make contributions to a candidate committee

 9  that for an election cycle are more than $750,000.00.

10        (4) A political party committee that is a congressional

11  district or county committee shall not make contributions to a

12  candidate committee that for an election cycle are more than

13  $30,000.00.

14        (5) A candidate committee, a candidate, or a treasurer or

15  agent shall not accept a contribution with respect to an election

16  cycle that exceeds a limitation in subsections (1) to (4), or

17  (10).

18        (6) As used in this subsection, "immediate family" means a

19  spouse, parent, brother, sister, son, or daughter. A candidate

20  and members of that candidate's immediate family may not

21  contribute in total to that person's candidate committee an

22  amount that is more than $50,000.00 in value for an election

23  cycle.

24        (7) Sections 5(3) and 52(6) apply to determining when an

25  election cycle begins and ends and to which election cycle a

26  particular contribution is attributed.

27        (8) The candidate committee of a candidate for governor that

 1  does not apply for funds money from the state campaign fund and

 2  that accepts from the candidate and the candidate's immediate

 3  family contributions that total for an election cycle more than

 4  $340,000.00 shall notify the secretary of state director of

 5  elections in writing within 48 hours after receipt of this

 6  amount. Within 2 business days after receipt of this notice, the

 7  secretary of state director of elections shall send notice to all

 8  candidates who are either seeking the same nomination, in the

 9  case of a primary election, or election to that same office, in

10  the case of a general election, informing those candidate

11  committees of all of the following:

12        (a) That the expenditure limits provided in section 67 are

13  waived for the remainder of that election for those notified

14  candidate committees that receive funds money from the state

15  campaign fund under this act.

16        (b) That the expenditure limits of section 67 are not waived

17  for the purpose of determining the amount of public funds money

18  available to a candidate under section 64 or 65.

19        (9) A person who knowingly violates this section is guilty

20  of a misdemeanor punishable, if the person is an individual, by a

21  fine of not more than $1,000.00 or imprisonment for not more than

22  90 days, or both, or, if the person is not an individual, by a

23  fine of not more than $10,000.00.

24        (10) The limitation on a political committee's contributions

25  under subsection (1) does not apply to contributions that are

26  part of 1 or more bundled contributions delivered to the

27  candidate committee of a candidate for statewide elective office

 1  and that are attributed to the political committee as prescribed

 2  in section 31. A political committee shall not make contributions

 3  to a candidate committee of a candidate for statewide elective

 4  office that are part of 1 or more bundled contributions delivered

 5  to that candidate committee, that are attributed to the political

 6  committee as prescribed in section 31, and that, in the aggregate

 7  for that election cycle, are more than the amount permitted a

 8  person other than an independent committee or political party

 9  committee in subsection (1).

10        (11) The limitation on an independent committee's

11  contributions under subsection (2) does not apply to

12  contributions that are part of 1 or more bundled contributions

13  delivered to the candidate committee of a candidate for statewide

14  elective office and that are attributed to the independent

15  committee as prescribed in section 31. An independent committee

16  shall not make contributions to a candidate committee of a

17  candidate for statewide elective office that are part of 1 or

18  more bundled contributions delivered to that candidate committee,

19  that are attributed to the independent committee as prescribed in

20  section 31, and that, in the aggregate for that election cycle,

21  are more than 10 times the amount permitted a person other than

22  an independent committee or political party committee in

23  subsection (1).