Bill Text: MI SB1242 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Campaign finance; other; updated citation reference in the Michigan campaign finance act; provide for. Amends sec. 6 of 1976 PA 388 (MCL 169.206).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 607'18 With Immediate Effect 12/31/18 Addenda [SB1242 Detail]
Download: Michigan-2017-SB1242-Engrossed.html
SB-1242, As Passed Senate, December 6, 2018
SENATE BILL No. 1242
November 29, 2018, Introduced by Senator KOWALL and referred to the Committee on Elections and Government Reform.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending section 6 (MCL 169.206), as amended by 2017 PA 119.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) "Expenditure" means a payment, donation, loan, or
promise of payment of money or anything of ascertainable monetary
value for goods, materials, services, or facilities in assistance
of, or in opposition to, the nomination or election of a candidate,
the qualification, passage, or defeat of a ballot question, or the
qualification of a new political party. Expenditure includes, but
is not limited to, any of the following:
(a) A contribution or a transfer of anything of ascertainable
monetary value for purposes of influencing the nomination or
election of a candidate, the qualification, passage, or defeat of a
ballot question, or the qualification of a new political party.
(b) Except as provided in subsection (2)(f) or (g), an
expenditure for voter registration or get-out-the-vote activities
made by a person who sponsors or finances the activity or who is
identified by name with the activity.
(c) Except as provided in subsection (2)(f) or (g), an
expenditure made for poll watchers, challengers, distribution of
election day literature, canvassing of voters to get out the vote,
or transporting voters to the polls.
(d) Except as provided in subsection (2)(c), the cost of
establishing and administering a payroll deduction plan to collect
and deliver a contribution to a committee.
(2) Expenditure does not include any of the following:
(a) An expenditure for communication by a person with the
person's paid members or shareholders and those individuals who can
be solicited for contributions to a separate segregated fund under
section 55.
(b) An expenditure for communication on a subject or issue if
the communication does not support or oppose a ballot question or
candidate by name or clear inference.
(c) An expenditure for the establishment or administration of,
or solicitation, collection, or transfer of contributions to, a
separate segregated fund if that expenditure was made by a
connected organization of that separate segregated fund as
authorized under section 55.
(d) An expenditure by a broadcasting station, newspaper,
magazine, or other periodical or publication for a news story,
commentary, or editorial in support of or opposition to a candidate
for elective office or a ballot question in the regular course of
publication or broadcasting.
(e) An offer or tender of an expenditure if expressly and
unconditionally rejected or returned.
(f) An expenditure for nonpartisan voter registration or
nonpartisan get-out-the-vote activities made by an organization
that is exempt from federal income tax under section 501(c)(3) of
the internal revenue code, 26 USC 501, or any successor statute.
(g) An expenditure for nonpartisan voter registration or
nonpartisan get-out-the-vote activities performed under chapter
XXIII of the Michigan election law, 1954 PA 116, MCL 168.491 to
168.524,
168.523a, by the secretary of state and other registration
officials who are identified by name with the activity.
(h) An expenditure by a state central committee of a political
party or a person controlled by a state central committee of a
political party for the construction, purchase, or renovation of 1
or more office facilities in Ingham County if the facility is not
constructed, purchased, or renovated for the purpose of influencing
the election of a candidate in a particular election. Items
excluded from the definition of expenditure under this subdivision
include expenditures approved in Federal Election Commission
advisory opinions 1993-9, 2001-1, and 2001-12 as allowable
expenditures under the federal election campaign act of 1971, 52
USC 30101 to 30146, and regulations promulgated under that act,
regardless of whether those advisory opinions have been superseded.
(i) Except only for the purposes of section 57, an expenditure
to or for a federal candidate or a federal committee.
(j) Except only for the purposes of section 47, an expenditure
for a communication if the communication does not in express terms
advocate the election or defeat of a clearly identified candidate
so as to restrict the application of this act to communications
containing express words of advocacy of election or defeat, such as
"vote for", "elect", "support", "cast your ballot for", "Smith for
governor", "vote against", "defeat", or "reject".
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No._1238
of the 99th Legislature is enacted into law.
