HB-6468, As Passed House, November 12, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 6468

A bill to amend 1976 PA 388, entitled

"Michigan campaign finance act,"

by amending sections 12 and 52 (MCL 169.212 and 169.252), as

amended by 2001 PA 250.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 12. (1) "Qualifying contribution" means a contribution of

money made by a written instrument by an individual to the

candidate committee of a candidate for the office of governor that

is $100.00 or less and made after April 1 of the year preceding a

year in which a governor is to be elected. Not more than $100.00 of

an individual's total aggregate contribution may be used as a

qualifying contribution in a calendar year. Qualifying contribution

does not include a subscription, loan, advance, deposit of money,

in-kind contribution or expenditure, or anything else of value

except as prescribed in this act. Qualifying contribution does not

include a contribution by an individual who resides outside of this

state. For purposes of this subsection, an individual is considered

to reside in this state if he or she is considered a resident of

this state under the Michigan election law, 1954 PA 116, MCL 168.1

to 168.992.

(2) "Senate political party caucus committee" means an

independent committee established by a political party caucus of

the state senate under section 24a.

(3) "State elective office" means a statewide elective office,

a constitutional convention delegate, or the office of state

legislator.

(4) "Statewide elective office" means the office of governor,

lieutenant governor, secretary of state, or attorney general,

justice of the supreme court, member of the state board of

education, regent of the university of Michigan, member of the

board of trustees of Michigan state university, or member of the

board of governors of Wayne state university.

Sec. 52. (1) Except as provided in subsection (5) or (11) and

subject to subsection (8), a person other than an independent

committee or a political party committee shall not make

contributions to a candidate committee of a candidate for elective

office that, with respect to an election cycle, are more than the

following:

(a) $3,400.00 for a candidate for state elective office other

than the office of state legislator or constitutional convention

delegate, or for a candidate for local elective office if the

district from which he or she is seeking office has a population of

more than 250,000.

(b) $1,000.00 for a candidate for state senator, for a

candidate for constitutional convention delegate elected from a

senatorial district, or for a candidate for local elective office

if the district from which he or she is seeking office has a

population of more than 85,000 but 250,000 or less.

candidate for constitutional convention delegate elected from a

representative district, or for a candidate for local elective

office if the district from which he or she is seeking office has a

population of 85,000 or less.

(2) Except as otherwise provided in this subsection and

subsection (12), an independent committee shall not make

contributions to a candidate committee of a candidate for elective

office that, in the aggregate for that election cycle, are more

than 10 times the amount permitted a person other than an

independent committee or political party committee in subsection

(1). A house political party caucus committee or a senate political

party caucus committee is not limited under this subsection in the

amount of contributions made to the candidate committee of a

candidate for the office of state legislator, except as follows:

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

political party caucus committee shall not pay a debt incurred by a

candidate if that debt was incurred while the candidate was seeking

nomination at a primary election and the candidate was opposed at

that primary.

(b) A house political party caucus committee or a senate

political party caucus committee shall not make a contribution to

or make an expenditure on behalf of a candidate if that candidate

is seeking nomination at a primary election and the candidate is

opposed at that primary.

(3) A political party committee other than a state central

committee shall not make contributions to the candidate committee

of a candidate for elective office that are more than 10 times the

amount permitted a person other than an independent committee or

political party committee in subsection (1).

(4) A state central committee of a political party shall not

make contributions to the candidate committee of a candidate for

state elective office other than a candidate for the legislature or

constitutional convention delegate that are more than 20 times the

amount permitted a person other than an independent committee or

political party committee in subsection (1). A state central

committee of a political party shall not make contributions to the

candidate committee of a candidate for state senator, state

representative, constitutional convention delegate, or local

elective office that are more than 10 times the amount permitted a

person other than an independent committee or political party

committee in subsection (1).

(5) A contribution from a member of a candidate's immediate

family to the candidate committee of that candidate is exempt from

the limitations of subsection (1).

(6) Consistent with the provisions of this section, a

contribution designated in writing for a particular election cycle

is considered made for that election cycle. A contribution made

after the close of a particular election cycle and designated in

writing for that election cycle shall be made only to the extent

that the contribution does not exceed the candidate committee's net

outstanding debts and obligations from the election cycle so

designated. If a contribution is not designated in writing for a

particular election cycle, the contribution is considered made for

the election cycle that corresponds to the date of the written

instrument.

(7) A candidate committee, a candidate, or a treasurer or

agent of a candidate committee shall not accept a contribution with

respect to an election cycle that exceeds the limitations in

subsection (1), (2), (3), (4), (11), or (12).

(8) The contribution limits in subsection (1) for a candidate

for local elective office are effective on the effective date of

the amendatory act that provides for those contribution limits,

however, only contributions received by that candidate on and after

that date shall be used to determine if the contribution limit has

been reached.

(9) A person who knowingly violates this section is guilty of

a misdemeanor punishable, if the person is an individual, by a fine

of not more than $1,000.00 or imprisonment for not more than 90

days, or both, or, if the person is not an individual, by a fine of

not more than $10,000.00.

(10) For purposes of the limitations provided in subsections

(1) and (2), all contributions made by political committees or

independent committees established by any corporation, joint stock

company, domestic dependent sovereign, or labor organization,

including any parent, subsidiary, branch, division, department, or

local unit thereof, shall be considered to have been made by a

single independent committee. By way of illustration and not

limitation, all of the following apply as a result of the

application of this requirement:

(a) All of the political committees and independent committees

established by a for profit corporation or joint stock company, by

a subsidiary of the for profit corporation or joint stock company,

or by any combination thereof, are treated as a single independent

committee.

(b) All of the political committees and independent committees

established by a single national or international labor

organization, by a labor organization of that national or

international labor organization, by a local labor organization of

that national or international labor organization, or by any other

subordinate organization of that national or international labor

organization, or by any combination thereof, are treated as a

single independent committee.

established by an organization of national or international unions,

by a state central body of that organization, by a local central

body of that organization, or by any combination thereof, are

treated as a single independent committee.

(d) All of the political committees and independent committees

established by a nonprofit corporation, by a related state entity

of that nonprofit corporation, by a related local entity of that

nonprofit corporation, or by any combination thereof, are treated

as a single independent committee.

(11) The limitation on a political committee's contributions

under subsection (1) does not apply to contributions that are part

of 1 or more bundled contributions delivered to the candidate

committee of a candidate for statewide elective office and that are

attributed to the political committee as prescribed in section 31.

A political committee shall not make contributions to a candidate

committee of a candidate for statewide elective office that are

part of 1 or more bundled contributions delivered to that candidate

committee, that are attributed to the political committee as

prescribed in section 31, and that, in the aggregate for that

election cycle, are more than the amount permitted a person other

than an independent committee or political party committee in

subsection (1).

(12) The limitation on an independent committee's

contributions under subsection (2) does not apply to contributions

that are part of 1 or more bundled contributions delivered to the

candidate committee of a candidate for statewide elective office

and that are attributed to the independent committee as prescribed

in section 31. An independent committee shall not make

contributions to a candidate committee of a candidate for statewide

elective office that are part of 1 or more bundled contributions

delivered to that candidate committee, that are attributed to the

independent committee as prescribed in section 31, and that, in the

aggregate for that election cycle, are more than 10 times the

amount permitted a person other than an independent committee or