August 18, 2015, Introduced by Reps. Hoadley, Irwin, Heise, Plawecki, Liberati, Pagan and Wittenberg and referred to the Committee on Elections.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending section 33 (MCL 169.233), as amended by 2013 PA 252.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 33. (1) A committee, other than an independent committee
or a political committee required to file with the secretary of
state, supporting or opposing a candidate shall file complete
campaign statements as required by this act and the rules
promulgated under this act. The campaign statements shall be filed
according to the following schedule:
(a) A preelection campaign statement shall be filed not later
than the eleventh day before an election. The closing date for a
campaign statement filed under this subdivision shall be the
sixteenth day before the election.
(b) A postelection campaign statement shall be filed not later
than the thirtieth day following the election. The closing date for
a campaign statement filed under this subdivision shall be the
twentieth day following the election. A committee supporting a
candidate who loses the primary election shall file closing
campaign statements in accordance with this section. If all
liabilities of that candidate or committee are paid before the
closing date and additional contributions are not expected, the
campaign statement may be filed at any time after the election, but
not later than the thirtieth day following the election.
(c) In a year in which there is no election for the candidate
the committee is supporting or opposing:
(i) Not later than July 25 with a closing date of July 20 of
that year.
(ii) Not later than October 25 with a closing date of October
20 of that year.
(2) For the purposes of subsection (1):
(a) A candidate committee shall file a preelection campaign
statement and a postelection campaign statement for each election
in which the candidate seeks nomination or election, except if an
individual becomes a candidate after the closing date for the
preelection campaign statement only the postelection campaign
statement is required for that election.
(b) A committee other than a candidate committee shall file a
campaign statement for each period during which expenditures are
made for the purpose of influencing the nomination or election of a
candidate or for the qualification, passage, or defeat of a ballot
question.
(3) An independent committee or a political committee other
than a house political party caucus committee or senate political
party caucus committee required to file with the secretary of state
shall file campaign statements as required by this act according to
the following schedule:
(a)
Not later than February 15 January
31 of each year with a
closing
date of February 10 December
31 of that the immediately
preceding year.
(b) Not later than April 25 of each year with a closing date
of April 20 of that year.
(c) Not later than July 25 of each year with a closing date of
July 20 of that year.
(d) Not later than October 25 of each year with a closing date
of October 20 of that year.
(4) A house political party caucus committee or a senate
political party caucus committee required to file with the
secretary of state or a political party committee for a party
attempting to qualify as a new political party under section 685 of
the Michigan election law, 1954 PA 116, MCL 168.685, shall file
campaign statements as required by this act according to the
following schedule:
(a) Not later than January 31 of each year with a closing date
of December 31 of the immediately preceding year.
(b) Not later than April 25 of each year with a closing date
of April 20 of that year.
(c) Not later than July 25 of each year with a closing date of
July 20 of that year.
(d) Not later than October 25 of each year with a closing date
of October 20 of that year.
(e) For the period beginning on the fourteenth day immediately
preceding a primary or special primary election and ending on the
day immediately following the primary or special primary election,
not later than 4 p.m. each business day with a closing date of the
immediately preceding day, only for a contribution received or
expenditure made that exceeds $1,000.00 per day.
(f) For the period beginning on the fourteenth day immediately
preceding a general or special election and ending on the day
immediately following the general or special election, not later
than 4 p.m. each business day with a closing date of the
immediately preceding day, only for a contribution received or
expenditure made that exceeds $1,000.00 per day.
(5) Notwithstanding subsection (3) or (4) or section 51, if an
independent expenditure is made within 45 days before a special
election by an independent committee or a political committee
required to file a campaign statement with the secretary of state,
a report of the expenditure shall be filed by the committee with
the secretary of state within 48 hours after the expenditure. The
report shall be made on a form provided by the secretary of state
and shall include the date of the independent expenditure, the
amount of the expenditure, a brief description of the nature of the
expenditure, and the name and address of the person to whom the
expenditure was paid. The brief description of the expenditure
shall include either the name of the candidate and the office
sought by the candidate or the name of the ballot question and
shall state whether the expenditure supports or opposes the
candidate or ballot question. This subsection does not apply if the
committee is required to report the independent expenditure in a
campaign statement that is required to be filed before the date of
the election for which the expenditure was made.
(6) A candidate committee or a committee other than a
candidate committee that files a written statement under section
24(5) or (6) is not required to file a campaign statement under
subsection (1), (3), or (4) unless it received or expended an
amount in excess of $1,000.00. If the committee receives or expends
an amount in excess of $1,000.00 during a period covered by a
filing, the committee is then subject to the campaign filing
requirements under this act.
(7) A committee, candidate, treasurer, or other individual
designated as responsible for the committee's record keeping,
report preparation, or report filing who fails to file a statement
as required by this section shall pay a late filing fee. If the
committee has raised $10,000.00 or less during the previous 2
years, the late filing fee shall be $25.00 for each business day
the statement remains unfiled, but not to exceed $500.00. If the
committee has raised more than $10,000.00 during the previous 2
years, the late filing fee shall not exceed $1,000.00, determined
as follows:
(a) Twenty-five dollars for each business day the report
remains unfiled.
(b) An additional $25.00 for each business day after the first
3 business days the report remains unfiled.
(c) An additional $50.00 for each business day after the first
10 business days the report remains unfiled.
(8) If a candidate, treasurer, or other individual designated
as responsible for the committee's record keeping, report
preparation, or report filing fails to file 2 statements required
by this section or section 35 and both of the statements remain
unfiled for more than 30 days, that candidate, treasurer, or other
designated individual is guilty of a misdemeanor punishable by a
fine of not more than $1,000.00 or imprisonment for not more than
90 days, or both.
(9) If a candidate is found guilty of a violation of this
section, the circuit court for that county, on application by the
attorney general or the prosecuting attorney of that county, may
prohibit that candidate from assuming the duties of a public office
or from receiving compensation from public funds, or both.
(10) If a candidate, treasurer, or other individual designated
as responsible for a committee's record keeping, report
preparation, or report filing knowingly files an incomplete or
inaccurate statement or report required by this section, that
individual is subject to a civil fine of not more than $1,000.00.
(11) If a candidate, treasurer, or other individual designated
as responsible for a committee's record keeping, report
preparation, or report filing knowingly omits or underreports
individual contributions or individual expenditures required to be
disclosed by this act, that individual is subject to a civil fine
of not more than $1,000.00 or the amount of the contributions and
expenditures omitted or underreported, whichever is greater.
(12) If a candidate committee's account has a balance of
$20,000.00 or more and a candidate, treasurer, or other individual
designated as responsible for that committee's record keeping,
report preparation, or report filing fails to file campaign
statements required under this act for 2 consecutive years, that
candidate, treasurer, or other individual is guilty of a felony
punishable by imprisonment for not more than 3 years or a fine of
not more than $5,000.00, or both. Any money in a candidate
committee account described in this subsection is subject to
seizure by, and forfeiture to, this state as provided in this
section.
(13) Not more than 5 business days after seizure of money
under subsection (12), the secretary of state shall deliver
personally or by registered mail to the last known address of the
candidate from whom the seizure was made an inventory statement of
the money seized. The inventory statement shall also contain notice
to the effect that unless demand for hearing as provided in this
section is made within 10 business days, the money is forfeited to
this state. Within 10 business days after the date of service of
the notice, the candidate may by registered mail, facsimile
transmission, or personal service file with the secretary of state
a demand for a hearing before the secretary of state or a person
designated by the secretary of state for a determination as to
whether the money was lawfully subject to seizure and forfeiture.
The candidate is entitled to appear before the secretary of state
or a person designated by the secretary of state, to be represented
by counsel, and to present testimony and argument. Upon receipt of
a request for hearing, the secretary of state or a person
designated by the secretary of state shall hold the hearing within
15 business days. The hearing is not a contested case proceeding
and is not subject to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328. After the hearing, the secretary
of state or a person designated by the secretary of state shall
render a decision in writing within 10 business days of the hearing
and, by order, shall either declare the money subject to seizure
and forfeiture or declare the money returnable to the candidate.
If, within 10 business days after the date of service of the
inventory statement, the candidate does not file with the secretary
of state a demand for a hearing before the secretary of state or a
person designated by the secretary of state, the money seized is
forfeited to this state by operation of law. If, after a hearing
before the secretary of state or a person designated by the
secretary of state, the secretary of state or a person designated
by the secretary of state determines that the money is lawfully
subject to seizure and forfeiture and the candidate does not appeal
to the circuit court of the county in which the seizure was made
within the time prescribed in this section, the money seized is
forfeited to this state by operation of law. If a candidate is
aggrieved by the decision of the secretary of state or a person
designated by the secretary of state, that candidate may appeal to
the circuit court of the county where the seizure was made to
obtain a judicial determination of the lawfulness of the seizure
and forfeiture. The action shall be commenced within 20 days after
notice of a determination by the secretary of state or a person
designated by the secretary of state is sent to the candidate. The
court shall hear the action and determine the issues of fact and
law involved in accordance with rules of practice and procedure as
in other in rem proceedings.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted.