January 29, 2009, Introduced by Senators McMANUS, BARCIA, HARDIMAN and BROWN and referred to the Committee on Campaign and Election Oversight.
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.
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), Except for printed matter
3 not subject to this act, a billboard, placard, poster, pamphlet,
4 or other printed matter having reference to an election, a
5 candidate, or a ballot question, that is an expenditure or
6 contribution under this act shall bear upon it the name and
7 address of the person paying for the matter and shall, except for
8 a candidate committee's printed matter, indicate that the printed
1
matter is paid for "with regulated funds". Except as otherwise
2 provided in this subsection and subject to subsections (3) and
3 (4), if If the printed matter relating to a candidate is an
4 independent expenditure that is not authorized in writing by the
5 candidate committee of that candidate, the printed matter shall
6 contain the following disclaimer: "Not authorized by any
7 candidate committee". An individual other than a candidate is not
8 subject to this subsection if the individual is acting
9 independently and not acting as an agent for a candidate or any
10 committee.
11 (2) A Except
for advertisements not subject to this act, a
12 radio, including satellite radio, or television paid
13 advertisement having reference to an election, a candidate, or a
14 ballot question that
is an expenditure or contribution under this
15 act shall identify the sponsoring person as required by the
16 federal communications commission, shall bear the name of the
17 person paying for the advertisement, and shall be in compliance
18
comply with subsection (3) (5), and, with
the following: except
19 for a candidate committee's advertisements, indicate that the
20 advertisement is paid for "with regulated funds".
21 (a) If the radio, including satellite radio, or television
22 paid advertisement relates to a candidate and is an independent
23 expenditure, the advertisement shall contain the following
24 disclaimer: "Not authorized by any candidate".
25 (b) If the radio, including satellite radio, or television
26 paid advertisement relates to a candidate and is not an
27 independent expenditure but is paid for by a person other than
1 the candidate to which it is related, the advertisement shall
2 contain the following disclaimer:
3 |
"Authorized by ..............................................". |
4 |
(name of candidate or name of candidate committee) |
5 An individual other than a candidate is not subject to this
6 subsection if the individual is acting independently and not
7 acting as an agent for a candidate or any committee.
8 (3) Except for website advertisements not subject to this
9 act, a paid advertisement on a website having reference to a
10 candidate and that is an expenditure or contribution under this
11 act shall identify by name the person paying for the
12 advertisement or, if the person making the advertisement
13 maintains the website, paying for the website and shall, except
14 for a candidate committee's website advertisement, indicate that
15 the advertisement is paid for "with regulated funds". If the
16 payment is an independent expenditure, the advertisement shall
17 contain the following disclaimer: "Not authorized by any
18 candidate.". If the payment is not an independent expenditure and
19 is made by a person other than a candidate committee, the
20 advertisement shall contain the following disclaimer:
21 |
"Authorized by...................................................". |
22 |
(name of candidate or name of candidate committee) |
23 An individual other than a candidate is not subject to this
24 subsection if the individual is acting independently and not
25 acting as an agent for a candidate or any committee.
1 (4) Except for website advertisements not subject to this
2 act, a paid advertisement on a website having reference to a
3 ballot question and that is an expenditure or contribution under
4 this act shall identify by name the person paying for the
5 advertisement or, if the person making the advertisement
6 maintains the website, paying for the website and shall, except
7 for a ballot committee's website advertisement, indicate that the
8 advertisement is paid for "with regulated funds". If the payment
9 is an independent expenditure, the advertisement shall contain
10 the following disclaimer: "Not authorized by any ballot
11 committee". If the payment is not an independent expenditure and
12 is made by a person other than a ballot committee, the
13 advertisement shall contain the following disclaimer:
14 |
"Authorized by...................................................". |
15 |
(name of the ballot committee) |
16 An individual is not subject to this subsection if the individual
17 is acting independently and not acting as an agent for a ballot
18 committee or any committee.
19 (5) (3) The
size and placement of an identification or
20 disclaimer required by this section shall be determined by rules
21 promulgated by the secretary of state. The rules may exempt
22 printed matter and certain other items such as campaign buttons
23 or balloons, the size of which makes it unreasonable to add an
24 identification or disclaimer, from the identification or
25 disclaimer required by this section.
26 (4) Except for a candidate committee's printed matter or
1 radio or television paid advertisements, each identification or
2 disclaimer required by this section shall also indicate that the
3 printed matter or radio or television paid advertisement is paid
4 for "with regulated funds". Printed matter or a radio or
5 television paid advertisement that is not subject to this act
6 shall not bear the statement required by this subsection.
7 (6) Only printed matter or advertisements that are subject
8 to this act shall bear the "with regulated funds" statement
9 required by this section. Any person who uses the "with regulated
10 funds" statement required by this section with respect to printed
11 matter or advertisements that are not subject to this act
12 violates this act.
13 (7) (5) A
person responsible for the
content of the printed
14 matter, radio, including satellite radio, or television paid
15 advertisement who knowingly violates this section is guilty of a
16 misdemeanor punishable by a fine of not more than $1,000.00, or
17 imprisonment for not more than 93 days, or both.