HOUSE BILL No. 4243 February 9, 1999, Introduced by Reps. Ruth Johnson, Patterson, Richner, Toy, Bishop, Bradstreet, Rocca, Green, Julian, DeHart, Kukuk, Minore, Rick Johnson, Allen and Pappageorge and referred to the Committee on Constitutional Law and Ethics. A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 33 and 35 (MCL 169.233 and 169.235), section 33 as amended by 1995 PA 264 and section 35 as amended by 1989 PA 95. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 33. (1) A committee, other than an independent commit- 2 tee or a political committee required to file with the secretary 3 of state, supporting or opposing a candidate shall file campaign 4 statements as required by this act according to the following 5 schedule: 6 (a) A preelection campaign statement shall be filed not 7 later than the eleventh day before an election. The closing date 8 for a campaign statement filed under this subdivisionshall be9 IS the sixteenth day before the election. 00311'99 KKR 2 1 (b) A postelection campaign statement shall be filed not 2 later than the thirtieth day following the election. The closing 3 date for a campaign statement filed under this subdivisionshall4beIS the twentieth day following the election. A committee 5 supporting a candidate who loses the primary election shall file 6 closing campaign statements in accordance with this section. If 7 all liabilities of such a candidate or committee are paid before 8 the closing date and additional contributions are not expected, 9 the campaign statement may be filed at any time after the elec- 10 tion, but not later than the thirtieth day following the 11 election. 12 (2) For the purposes of subsection (1), THE FOLLOWING 13 APPLY: 14 (a) A candidate committee shall file a preelection campaign 15 statement and a postelection campaign statement for each election 16 in which the candidate seeks nomination or election, except if an 17 individual becomes a candidate after the closing date for the 18 preelection campaign statement only the postelection campaign 19 statement is required for that election. 20 (b) A committee other than a candidate committee shall file 21 a campaign statement for each period during which expenditures 22 are made for the purpose of influencing the nomination or elec- 23 tion of a candidate or for the qualification, passage, or defeat 24 of a ballot question. 25 (3) An independent committee or a political committee other 26 than a house political party caucus committee or senate political 27 party caucus committee required to file with the secretary of 00311'99 3 1 state shall file campaign statements as required by this act 2 according to the following schedule: 3 (a) In an odd numbered year: 4 (i) Not later than January 31 of that year with a closing 5 date of December 31 of the previous year. 6 (ii) Not later than July 25 with a closing date of July 20. 7 (iii) Not later than October 25 with a closing date of 8 October 20. 9 (b) In an even numbered year: 10 (i) Not later than April 25 of that year with a closing date 11 of April 20 of that year. 12 (ii) Not later than July 25 with a closing date of July 20. 13 (iii) Not later than October 25 with a closing date of 14 October 20. 15 (4) A house political party caucus committee or a senate 16 political party caucus committee required to file with the secre- 17 tary of state shall file campaign statements as required by this 18 act according to the following schedule: 19 (a) Not later than January 31 of each year with a closing 20 date of December 31 of the immediately preceding year. 21 (b) Not later than April 25 of each year with a closing date 22 of April 20 of that year. 23 (c) Not later than July 25 of each year with a closing date 24 of July 20 of that year. 25 (d) Not later than October 25 of each year with a closing 26 date of October 20 of that year. 00311'99 4 1 (e) For the period beginning on the fourteenth day 2 immediately preceding a primary or special primary election and 3 ending on the day immediately following the primary or special 4 primary election, not later than 4 p.m. each business day with a 5 closing date of the immediately preceding day, only for a contri- 6 bution received or expenditure made that exceeds $1,000.00 per 7 day. 8 (f) For the period beginning on the fourteenth day immedi- 9 ately preceding a general or special election and ending on the 10 day immediately following the general or special election, not 11 later than 4 p.m. each business day with a closing date of the 12 immediately preceding day, only for a contribution received or 13 expenditure made that exceeds $1,000.00 per day. 14 (5) Notwithstanding subsection (3) or (4) or section 51, if 15 an independent expenditure is made within 45 days before a spe- 16 cial election by an independent committee or a political commit- 17 tee required to file a campaign statement with the secretary of 18 state, THE COMMITTEE SHALL FILE a report of the INDEPENDENT 19 expenditureshall be filed by the committeewith the secretary 20 of state within 48 hours after the expenditure. The report shall 21 be made on a form provided by the secretary of state and shall 22 include the date of the independent expenditure, the amount of 23 the expenditure, a brief description of the nature of the expen- 24 diture, and the name and address of the person to whom the expen- 25 diture was paid. The brief description of the INDEPENDENT expen- 26 diture shall include either the name of the candidate and the 27 office sought by the candidate or the name of the ballot question 00311'99 5 1 and shall state whether the expenditure supports or opposes the 2 candidate or ballot question. This subsection does not apply if 3 the committee is required to report the independent expenditure 4 in a campaign statement that is required to be filed before the 5 date of the election for which the expenditure was made. 6 (6) A candidate committee or a committee other than a candi- 7 date committee that files a written statement under section 24(5) 8 or (6) need not file a campaign statement under subsection (1), 9 (3), or (4) unless it received or expended an amount in excess of 10 $1,000.00. If the committee receives or expends an amount in 11 excess of $1,000.00 during a period covered by a filing, the com- 12 mittee is then subject to the campaign filing requirements under 13 this act. 14 (7) A committee, candidate, treasurer, or other individual 15 designated as responsible for the committee's record keeping, 16 report preparation, or report filing who fails to file a state- 17 ment as required by this section shall pay a late filing fee of 18 $25.00 for each business day the statement remains unfiled. 19TheEXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, THE late 20 filing fee shall not exceed $500.00. THE LATE FILING FEE FOR A 21 CANDIDATE COMMITTEE FOR A LOCAL ELECTIVE OFFICE, EXCEPT A COUNTY- 22 WIDE ELECTIVE OFFICE, SHALL NOT EXCEED $5,000.00. THE LATE 23 FILING FEE FOR A CANDIDATE COMMITTEE FOR A COUNTYWIDE OFFICE OR A 24 STATE ELECTIVE OFFICE SHALL NOT EXCEED $10,000.00. If a candi- 25 date, treasurer, or other individual designated as responsible 26 for the committee's record keeping, report preparation, or report 27 filing fails to file 2 statements required by this section or 00311'99 6 1 section 35 and both of the statements remain unfiled for more 2 than 30 days, that candidate, treasurer, or other designated 3 individual is guilty of a misdemeanor, punishable by a fine of 4 not more than $1,000.00,or imprisonment for not more than 90 5 days, or both. 6 (8) If a candidate subject to this section is found guilty, 7 the circuit court for that county, on application by the attorney 8 general or the prosecuting attorney of that county, may prohibit 9 that candidate from assuming the duties of a public office or 10 from receiving compensation from public funds, or both. 11 (9) If a treasurer or other individual designated as respon- 12 sible for a committee's record keeping, report preparation, or 13 report filing knowingly files an incomplete or inaccurate state- 14 ment or report required by this section, that treasurer or other 15 designated individual is subject to a civil fine of not more than 16 $1,000.00. 17 Sec. 35. (1) In addition to any other requirements of this 18 act for filing a campaign statement, a committee, other than an 19 independent committee or a political committee required to file 20 with the secretary of state, shall also file a campaign statement 21 not later than January 31 of each year. The campaign statement 22 shall have a closing date of December 31 of the previous year. 23 The period covered by the campaign statement filed pursuant to 24 this subsectionshall beginBEGINS the day after the closing 25 date of the previous campaign statement. A campaign statement 26 filed pursuant to this subsection shall be waived if a 27 postelection campaign statement has been filedwhichTHAT has a 00311'99 7 1 filing deadline within 30 days of the closing date of the 2 campaign statement required by this subsection. 3 (2) Subsection (1) does not apply to a candidate committee 4 for an officeholder who is a judge or a supreme court justice, or 5 who holds an elective office for which the salary is less than 6 $100.00 a month and who does not receive any contribution or make 7 any expenditure during the timewhichTHAT would be otherwise 8 covered in the statement. 9 (3) A committee, candidate, treasurer, or other individual 10 designated as responsible for the record keeping, report prepara- 11 tion, or report filing for acandidatecommitteeof a candi-12date for state elective office or a judicial officewho fails to 13 file a campaign statement under this section shall pay a late 14 filing fee of $25.00 for each business day the campaign statement 15 remains not filed in violation of this section.TheEXCEPT AS 16 OTHERWISE PROVIDED IN THIS SUBSECTION, THE late filing fee shall 17 not exceed $500.00.A committee, treasurer, or other individual18designated as responsible for the record keeping, report prepara-19tion, or report filing for a committee other than a candidate20committee of a candidate for state elective office or a judicial21office who fails to file a campaign statement under this section22shall pay a late filing fee of $25.00 for each business day the23committee statement remains not filed in violation of this24section. The late filing fee shall not exceed $500.00.THE LATE 25 FILING FEE FOR A CANDIDATE COMMITTEE FOR A LOCAL ELECTIVE OFFICE, 26 EXCEPT A COUNTYWIDE ELECTIVE OFFICE, SHALL NOT EXCEED $5,000.00. 00311'99 8 1 THE LATE FILING FEE FOR A CANDIDATE COMMITTEE FOR A COUNTYWIDE 2 OFFICE OR A STATE ELECTIVE OFFICE SHALL NOT EXCEED $10,000.00. 3 (4) A committee filing a written statement pursuant to sec- 4 tion 24(5) or (6) need not file a statement in accordance with 5 subsection (1). If a committee receives or expends more than 6 $1,000.00 during a time period prescribed by section 24(5) or 7 (6), the committee is then subject to the campaign filing 8 requirements under this act and shall file a campaign statement 9 for the period beginning the day after the closing date of the 10 last postelection campaign statement or an annual campaign state- 11 mentwhichTHAT is waived pursuant to subsection (1), whichever 12 occurred earlier. 13 (5) If a candidate, treasurer, or other individual desig- 14 nated as responsible for the record keeping, report preparation, 15 or report filing fails to file 2 statements required by this sec- 16 tion or section 33 and both of the statements remain unfiled for 17 more than 30 days, that candidate, treasurer, or other designated 18 individual is guilty of a misdemeanor, punishable by a fine of 19 not more than $1,000.00,or imprisonment for not more than 90 20 days, or both. 21 (6) If a treasurer or other individual designated as respon- 22 sible for the record keeping, report preparation, or report 23 filing for a committee required to file a campaign statement 24 under subsection (1) knowingly files an incomplete or inaccurate 25 statement or report required by this section, that treasurer or 26 other designated individual is subject to a civil fine of not 27 more than $1,000.00. 00311'99 9 1 (7) IF A CANDIDATE SUBJECT TO THIS SECTION IS FOUND GUILTY, 2 THE CIRCUIT COURT FOR THAT COUNTY, ON APPLICATION BY THE ATTORNEY 3 GENERAL OR THE PROSECUTING ATTORNEY OF THAT COUNTY, MAY PROHIBIT 4 THAT CANDIDATE FROM ASSUMING THE DUTIES OF A PUBLIC OFFICE OR 5 FROM RECEIVING COMPENSATION FROM PUBLIC FUNDS, OR BOTH. 00311'99 Final page. 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