Bill Text: MI HB4657 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Campaign finance; public disclosure; automated campaign telephone calls, electronic mail, or other electronic communications; require certain information to be included. Amends sec. 47 of 1976 PA 388 (MCL 169.247) & adds sec. 48.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2011-05-19 - Printed Bill Filed 05/19/2011 [HB4657 Detail]
Download: Michigan-2011-HB4657-Introduced.html
HOUSE BILL No. 4657
May 18, 2011, Introduced by Reps. Forlini, Lane and Liss and referred to the Committee on Redistricting and Elections.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending section 47 (MCL 169.247), as amended by 2001 PA 250,
and by adding section 48.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 47. (1) Except as otherwise provided in this subsection
2 and subject to subsections (3) and (4), a billboard, placard,
3 poster, pamphlet, or other printed matter having reference to an
4 election, a candidate, or a ballot question, shall bear upon it
5 the name and address of the person paying for the matter. Except
6 as otherwise provided in this subsection and subject to
7 subsections (3) and (4), if the printed matter relating to a
8 candidate is an independent expenditure that is not authorized in
9 writing by the candidate committee of that candidate, the printed
1 matter shall contain the following disclaimer: "Not authorized by
2 any candidate committee". An individual other than a candidate is
3 not subject to this subsection if the individual is acting
4 independently and not acting as an agent for a candidate or any
5 committee.
6 (2) A radio or television paid advertisement having
7 reference to an election, a candidate, or a ballot question shall
8 identify the sponsoring person as required by the federal
9 communications commission, shall bear the name of the person
10 paying for the advertisement, and shall be in compliance with
11 subsection (3) and with the following:
12 (a) If the radio or television paid advertisement relates to
13 a candidate and is an independent expenditure, the advertisement
14 shall contain the following disclaimer: "Not authorized by any
15 candidate".
16 (b) If the radio or television paid advertisement relates to
17 a candidate and is not an independent expenditure but is paid for
18 by a person other than the candidate to which it is related, the
19 advertisement shall contain the following disclaimer:
20 "Authorized by
............................................".
21 (name of candidate or name of candidate committee)
22 "I am _________________________, and I approve this message.".
23 (name of candidate)
24 (3) The size and placement of an identification or
25 disclaimer required by this section shall be determined by rules
26 promulgated by the secretary of state. The rules may exempt
27 printed matter and certain other items such as campaign buttons
1 or balloons, the size of which makes it unreasonable to add an
2 identification or disclaimer, from the identification or
3 disclaimer required by this section.
4 (4) Except for a candidate committee's printed matter or
5 radio or television paid advertisements, each identification or
6 disclaimer required by this section shall also indicate that the
7 printed matter or radio or television paid advertisement is paid
8 for "with regulated funds". Printed matter or a radio or
9 television paid advertisement that is not subject to this act
10 shall not bear the statement required by this subsection.
11 (5) A person who knowingly violates this section is guilty
12 of a misdemeanor punishable by a fine of not more than $1,000.00,
13 or imprisonment for not more than 93 days, or both.
14 Sec. 48. (1) A communication relating to a candidate that is
15 designed to contact electors through telephonic, electronic mail,
16 or other electronic means and to which section 47 does not apply
17 shall clearly state the name of the person paying for the
18 communication.
19 (2) If the communication described in subsection (1) relates
20 to a candidate and is an independent expenditure not authorized
21 in writing by that candidate's candidate committee, the
22 communication shall also clearly state the following disclaimer:
23 "Not authorized by any candidate committee". If the communication
24 described in subsection (1) relates to a candidate and is not an
25 independent expenditure, but is paid for by a person other than
26 the candidate to whom it is related, the communication shall also
27 clearly state the following disclaimer:
1 "Authorized by ___________________________________________".
2 (name of candidate or name of candidate committee)
3 (3) A telephonic communication described in subsection (1)
4 shall state the name of the person paying for the communication
5 and any disclaimers required under subsection (2) at the
6 beginning of the telephonic communication. A telephonic
7 communication described in subsection (1) shall not take place
8 between the hours of 9 p.m. and 9 a.m. in the time zone within
9 which the recipient of the telephonic communication is located.
10 (4) For a visual communication governed by this section, the
11 secretary of state shall promulgate rules regulating the size and
12 placement of an identification or disclaimer required by this
13 section.
14 (5) A person who knowingly violates this section is guilty
15 of a misdemeanor punishable by imprisonment for not more than 90
16 days or a fine of not more than $500.00, or both.
