February 27, 2007, Introduced by Reps. Wenke, Caswell, Ward, Byrnes, Rick Jones, Stakoe, Hune, Dean, Green, Hildenbrand, Steil, Tobocman, Miller, Walker, Amos, Stahl and Bieda and referred to the Committee on Ethics and Elections.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending section 6 (MCL 169.206), as amended by 2003 PA 69, and
by adding section 48a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) "Expenditure" means a payment, donation, loan, or
promise of payment of money or anything of ascertainable monetary
value for goods, materials, services, or facilities in assistance
of, or in opposition to, the nomination or election of a candidate,
or the qualification, passage, or defeat of a ballot question.
Expenditure includes, but is not limited to, any of the following:
(a) A contribution or a transfer of anything of ascertainable
monetary value for purposes of influencing the nomination or
election of a candidate or the qualification, passage, or defeat of
a ballot question.
(b) Except as provided in subsection (2)(f) or (g), an
expenditure for voter registration or get-out-the-vote activities
made by a person who sponsors or finances the activity or who is
identified by name with the activity.
(c) Except as provided in subsection (2)(f) or (g), an
expenditure made for poll watchers, challengers, distribution of
election day literature, canvassing of voters to get out the vote,
or transporting voters to the polls.
(d) Except as provided in subsection (2)(a), (b), or (c), an
expenditure made for an automated telephonic communication to an
elector regarding a candidate or a ballot question.
(2) Expenditure does not include any of the following:
(a) An expenditure for communication by a person with the
person's paid members or shareholders and those individuals who can
be solicited for contributions to a separate segregated fund under
section 55.
(b) An expenditure for communication on a subject or issue if
the communication does not support or oppose a ballot question or
candidate by name or clear inference.
(c) An expenditure for the establishment, administration, or
solicitation of contributions to a separate segregated fund or
independent committee.
(d) An expenditure by a broadcasting station, newspaper,
magazine, or other periodical or publication for a news story,
commentary, or editorial in support of or opposition to a candidate
for elective office or a ballot question in the regular course of
publication or broadcasting.
(e) An offer or tender of an expenditure if expressly and
unconditionally rejected or returned.
(f) An expenditure for nonpartisan voter registration or
nonpartisan get-out-the-vote activities made by an organization
that is exempt from federal income tax pursuant to section
501(c)(3)
of the internal revenue code, of 1986, 26 U.S.C. 501 26
USC 501, or any successor statute.
(g) An expenditure for nonpartisan voter registration or
nonpartisan get-out-the-vote activities performed pursuant to
chapter XXIII of the Michigan election law, 1954 PA 116, MCL
168.491 to 168.524, by the secretary of state and other
registration officials who are identified by name with the
activity.
(h) An expenditure by a state central committee of a political
party or a person controlled by a state central committee of a
political party for the construction, purchase, or renovation of 1
or more office facilities in Ingham county if the facility is not
constructed, purchased, or renovated for the purpose of influencing
the election of a candidate in a particular election. Items
excluded from the definition of expenditure under this subdivision
include expenditures approved in federal election commission
advisory opinions 1993-9, 2001-1, and 2001-12 as allowable
expenditures under the federal election campaign act of 1971,
Public
Law 92-225, 2 U.S.C. 431 to 434, 437, 437c to 439a, 439c,
441a
to 441h, and 442 to 455 2 USC
431 to 455, and regulations
promulgated under that act, regardless of whether those advisory
opinions have been superseded.
Sec. 48a. (1) An automated telephonic communication to an
elector that relates to an election, a candidate, or a ballot
question shall clearly state the identity of the person paying for
the communication.
(2) A person that is not a committee that makes a
communication described in subsection (1) shall provide all of the
following information to the secretary of state:
(a) The identity of the person making the communication.
(b) The address and telephone number where the person making
the communication can be contacted during ordinary business hours.
(c) The name of the person paying for the communication.
(d) The amount the person making the communication was or is
to be paid for making the communication.
(3) For each month in which a person makes a communication to
which subsection (2) applies, the person shall provide the
information required by subsection (2) to the secretary of state on
or before the fifteenth day of the following month.
(4) The secretary of state shall make the information provided
under this section available to the public.
(5) A person shall not make an automated telephonic
communication described in subsection (1) after 9 p.m. and before 9
a.m.
(6) A person who knowingly violates this section is guilty of
a misdemeanor punishable by a fine of not more than $1,000.00.