Bill Text: MI HB4086 | 2011-2012 | 96th Legislature | Introduced

---

Bill Title: Campaign finance; other; certain automated communications with electors; require disclosure. Amends 1976 PA 388 (MCL 169.201 - 169.282) by adding sec. 48.

Spectrum: Moderate Partisan Bill (Republican 7-2)

Status: (Introduced - Dead) 2011-01-19 - Printed Bill Filed 01/19/2011 [HB4086 Detail]

Download: Michigan-2011-HB4086-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4086

 

January 18, 2011, Introduced by Reps. Shaughnessy, Rogers, LaFontaine, Yonker, Barnett, Brown, Tyler, MacMaster and Horn and referred to the Committee on Redistricting and Elections.

 

      A bill to amend 1976 PA 388, entitled

 

"Michigan campaign finance act,"

 

(MCL 169.201 to 169.282) by adding section 48.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 48. (1) A communication advocating the election or

 

 2  defeat of a candidate that is designed to contact electors

 

 3  through automated telephonic, electronic mail, or other

 

 4  electronic means and to which section 47 does not apply shall

 

 5  clearly state the name of the person paying for the

 

 6  communication.

 

 7        (2) If the communication described in subsection (1)

 

 8  advocates the election or defeat of a candidate and is an

 

 9  independent expenditure not authorized in writing by that

 

10  candidate's candidate committee, the communication shall also

 

11  clearly state the following disclaimer: "Not authorized by any

 

 1  candidate committee.". If the communication described in

 

 2  subsection (1) advocates the election or defeat of a candidate

 

 3  and is not an independent expenditure, but is paid for by a

 

 4  person other than the candidate whom it advocates the election or

 

 5  defeat of, the communication shall also clearly state the

 

 6  following disclaimer:

 

 

7    "Authorized by ___________________________________________".

8             (name of candidate or name of candidate committee)

 

 

 9        (3) A telephonic communication described in subsection (1)

 

10  shall state the name of the person paying for the communication

 

11  and any disclaimers required under subsection (2) at the

 

12  beginning of the telephonic communication. A telephonic

 

13  communication described in subsection (1) shall not take place

 

14  between the hours of 9 p.m. and 9 a.m. in the time zone within

 

15  which the recipient of the telephonic communication is located.

 

16        (4) For a visual communication governed by this section, the

 

17  director of elections shall promulgate rules regulating the size

 

18  and placement of an identification or disclaimer required by this

 

19  section.

 

20        (5) The secretary of state shall furnish to candidates and

 

21  post on its internet website information regarding the

 

22  prohibitions in this section.

 

23        (6) A person who knowingly violates this section is guilty

 

24  of a crime as follows:

 

25        (a) For the first violation, the person is guilty of a

 

26  misdemeanor punishable by imprisonment for not more than 90 days

 

 1  or a fine of not more than $500.00, or both.

 

 2        (b) For the second violation, the person is guilty of a

 

 3  misdemeanor punishable by imprisonment for not more than 93 days

 

 4  or a fine of not more than $1,000.00, or both.

 

 5        (c) For the third or subsequent violation, the person is

 

 6  guilty of a misdemeanor punishable by imprisonment for not more

 

 7  than 93 days or a fine of not more than $2,500.00, or both.