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.