Bill Text: MI HB5322 | 2017-2018 | 99th Legislature | Introduced

Michigan House Bill 5322 (Prior Session Legislation)

Introduced

Bill Title: Campaign finance; statements and reports; campaign statement filing schedules; modify. Amends secs. 33 & 34 of 1976 PA 388 (MCL 169.233 & 169.234).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-12-06 - Bill Electronically Reproduced 12/05/2017 [HB5322 Detail]

Download: Michigan-2017-HB5322-Introduced.html

HOUSE BILL No. 5322

December 5, 2017, Introduced by Reps. Calley, Lucido, Howrylak, Marino, Leutheuser, Sabo, Brann and Hughes and referred to the Committee on Elections and Ethics.

A bill to amend 1976 PA 388, entitled

"Michigan campaign finance act,"

by amending sections 33 and 34 (MCL 169.233 and 169.234), section

33 as amended by 2017 PA 119 and section 34 as amended by 2012 PA

277.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 33. (1) A committee, other than an independent committee,

an independent expenditure 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

according to the following schedule:

(a) A Except as otherwise provided in subdivision (c), a

preelection campaign statement must be filed not later than the

~~eleventh~~ twenty-fifth day of the month before an election. The

closing date for a campaign statement filed under this subdivision

is the ~~sixteenth~~ twentieth day of the month before the election.

(b) A Except as otherwise provided in subdivision (c), a

postelection campaign statement must be filed not later than the

~~thirtieth~~ twenty-fifth day ~~following~~ of the month of the election.

The closing date for a campaign statement filed under this

subdivision is the twentieth day ~~following~~ of the month of 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~~ twenty-fifth day

~~following~~ of the month of the election.

presidential primary election, or for a special election held on a

date other than a regular election date provided in section 641 of

the Michigan election law, 1954 PA 116, MCL 168.641, a preelection

statement must be filed not later than the eleventh day before the

election, and the closing date for the statement is the sixteenth

day before the election. A postelection campaign statement under

this subdivision must be filed not later than the twenty-fifth day

following the election, and the closing date for the statement is

the twentieth day following the election. A committee supporting a

candidate who loses a special primary election shall file closing

campaign statements in accordance with this subdivision. 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 twenty-fifth day following the election.

(d) ~~(c)~~ For candidate committees only, in a year in which

there is no election for the candidate the candidate 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, an independent expenditure

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 April 25 of each year with a closing date

of April 20 of that year.

(b) Not later than July 25 of each year with a closing date of

July 20 of that year.

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.

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, an independent expenditure

committee, or a political committee required to file a campaign

statement with the secretary of state, the committee shall file a

report of the expenditure with the secretary of state within 48

hours after the expenditure. The report must be made on a form

provided by the secretary of state and must 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 must include either the name of the

candidate and the office sought by the candidate or the name of the

ballot question and 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) or that is automatically considered to have made a

statement under section 24(5) 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 statement 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 is $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 must 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.

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 must 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 must 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.

Sec. 34. (1) A ballot question committee shall file a campaign

statement as required by this act according to the following

schedule:

(a) A Except as otherwise provided in subdivision (c), a

preelection campaign statement, the closing date of which ~~shall be~~

is the ~~sixteenth~~ twentieth day of the month before the election,

~~shall~~ must not be filed later than the ~~eleventh~~ twenty-fifth day of

the month before the election.

(b) A Except as otherwise provided in subdivision (c), a

postelection campaign statement, the closing date of which ~~shall be~~

is the twentieth day ~~following~~ of the month of the election, ~~shall~~

must not be filed later than the ~~thirtieth~~ twenty-fifth day

~~following~~ of the month of an election. If all liabilities of the

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~~

twenty-fifth day ~~following~~ of the month of the election.