HOUSE BILL No. 5057 October 26, 1999, Introduced by Rep. Woronchak and referred to the Committee on Constitutional Law and Ethics. A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending sections 15, 16, 33, 34, and 35 (MCL 169.215, 169.216, 169.233, 169.234, and 169.235), section 15 as amended by 1996 PA 590, section 16 as amended by 1992 PA 188, section 33 as amended by 1995 PA 264, and sections 34 and 35 as amended by 1989 PA 95. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 15. (1) The secretary of state shall do all of the 2 following: 3 (a) Make available through his or her offices, and furnish 4 to county clerks, appropriate forms, instructions, and manuals 5 required by this act. 6 (b) Develop a filing, coding, and cross-indexing system for 7 the filing of required reports and statements consistent with the 04806'99 JCB 2 1 purposes of this act, and supervise the implementation of the 2 filing systems by the clerks of the counties. 3 (c) Receive all statements and reports required by this act 4 to be filed with the secretary of state. 5 (d) Prepare forms, instructions, and manuals required under 6 this act. 7 (e) Promulgate rules and issue declaratory rulings to imple- 8 ment this act pursuant to the administrative procedures act of 9 1969,Act No. 306 of the Public Acts of 1969, being sections1024.201 to 24.328 of the Michigan Compiled Laws1969 PA 306, 11 MCL 24.201 TO 24.328. 12 (f) Upon receipt of a written request and the required 13 filing, waive payment of a late filing fee if the request for the 14 waiver is based on good cause and accompanied by adequate 15 documentation. One or more of the following reasons constitute 16 good cause for a late filing fee waiver: 17 (i) The incapacitating physical illness, hospitalization, 18 accident involvement, death, or incapacitation for medical rea- 19 sons of a person required to file, a person whose participation 20 is essential to the preparation of the statement or report, or a 21 member of the immediate family of these persons. 22 (ii) Other unique, unintentional factors beyond the filer's 23 control not stemming from a negligent act or nonaction so that a 24 reasonably prudent person would excuse the filing on a temporary 25 basis. These factors include the loss or unavailability of 26 records due to a fire, flood, theft, or similar reason and 27 difficulties related to the transmission of the filing to the 04806'99 3 1 filing official, such as exceptionally bad weather or strikes 2 involving transportation systems. 3 (2) A declaratory ruling shall be issued under this section 4 only if the person requesting the ruling has provided a reason- 5 ably complete statement of facts necessary for the ruling or if 6 the secretary of state has permitted the person requesting the 7 ruling an opportunity to supply supplemental facts necessary for 8 the ruling. A request for a declaratory ruling that is submitted 9 to the secretary of state shall be made available for public 10 inspection within 48 hours after its receipt. An interested 11 person may submit written comments regarding the request to the 12 secretary of state within 10 business days after the date the 13 request is made available to the public. Within 45 business days 14 after receiving a declaratory ruling request, the secretary of 15 state shall make a proposed response available to the public. An 16 interested person may submit written comments regarding the pro- 17 posed response to the secretary of state within 5 business days 18 after the date the proposal is made available to the public. 19 Except as otherwise provided in this section, the secretary of 20 state shall issue a declaratory ruling within 60 business days 21 after a request for a declaratory ruling is received. If the 22 secretary of state refuses to issue a declaratory ruling, the 23 secretary of state shall notify the person making the request of 24 the reasons for the refusal. The secretary of state may issue an 25 interpretative statement providing an informational response to 26 the question presented. A declaratory ruling or interpretative 27 statement issued under this section shall not state a general 04806'99 4 1 rule of law, other than that which is stated in this act, until 2 the general rule of law is promulgated by the secretary of state 3 as a rule pursuant to the administrative procedures act of 1969, 4Act No. 306 of the Public Acts of 1969, being sections 24.201 to524.328 of the Michigan Compiled Laws1969 PA 306, MCL 24.201 TO 6 24.328, or pursuant to judicial order. 7 (3) Under extenuating circumstances, the secretary of state 8 may issue a notice extending for not more than 30 business days 9 the period during which the secretary of state shall respond to a 10 request for a declaratory ruling. The secretary of state shall 11 not issue more than 1 notice of extension for a particular 12 request. A person requesting a declaratory ruling may waive, in 13 writing, the time limitations provided by this section. 14 (4) The secretary of state shall make available to the 15 public an annual summary of the declaratory rulings and interpre- 16 tative statements issued by the secretary of state. 17 (5) A person may file a complaint with the secretary of 18 state alleging a violation of this act.Upon receipt of a com-19plaint, theWITHIN 5 BUSINESS DAYS AFTER A COMPLAINT IS FILED, 20 THE SECRETARY OF STATE SHALL GIVE NOTICE TO THE PERSON AGAINST 21 WHOM THE COMPLAINT IS FILED. THE NOTICE SHALL INCLUDE A COPY OF 22 THE COMPLAINT. WITHIN 15 BUSINESS DAYS AFTER THIS NOTICE IS PRO- 23 VIDED, THE PERSON AGAINST WHOM THE COMPLAINT WAS FILED MAY SUBMIT 24 TO THE SECRETARY OF STATE A RESPONSE. THE SECRETARY OF STATE MAY 25 EXTEND THE PERIOD FOR SUBMITTING A RESPONSE AN ADDITIONAL 15 26 BUSINESS DAYS FOR GOOD CAUSE. THE SECRETARY OF STATE SHALL 27 PROVIDE A COPY OF A RESPONSE RECEIVED TO THE COMPLAINANT. WITHIN 04806'99 5 1 10 BUSINESS DAYS AFTER RECEIVING A COPY OF THE RESPONSE, THE 2 COMPLAINANT MAY SUBMIT TO THE SECRETARY OF STATE A REBUTTAL 3 STATEMENT. THE SECRETARY OF STATE MAY EXTEND THE PERIOD FOR SUB- 4 MITTING A REBUTTAL STATEMENT AN ADDITIONAL 10 BUSINESS DAYS FOR 5 GOOD CAUSE. THE SECRETARY OF STATE SHALL PROVIDE A COPY OF THE 6 REBUTTAL STATEMENT TO THE PERSON AGAINST WHOM THE COMPLAINT WAS 7 FILED. THE secretary of state shall investigate the allegations 8 pursuant to the rules promulgated under this act. EVERY 60 DAYS 9 AFTER A COMPLAINT IS FILED AND UNTIL THE MATTER IS TERMINATED, 10 THE SECRETARY OF STATE SHALL MAIL TO THE COMPLAINANT AND TO THE 11 ALLEGED VIOLATOR NOTICE OF THE ACTION TAKEN TO DATE BY THE SECRE- 12 TARY OF STATE, TOGETHER WITH THE REASONS FOR THE ACTION OR 13 NONACTION. If the secretary of state determines that there may be 14 reason to believe that a violation of this act has occurred, the 15 secretary of state shall endeavor to correct the violation or 16 prevent a further violation by using informal methods such as a 17 conference, conciliation, or persuasion, and may enter into a 18 conciliation agreement with the person involved. Unless vio- 19 lated, a conciliation agreement is a complete bar to any further 20 action with respect to matters covered in the conciliation 21 agreement. If the secretary of state is unable to correct or 22 prevent further violation by these informal methods, the secre- 23 tary of state may refer the matter to the attorney general for 24 the enforcement of any criminal penalty provided by this act or 25 commence a hearing pursuant to subsection (6). 26 (6) The secretary of state may commence a hearing to 27 determine whether a civil violation of this act has occurred. A 04806'99 6 1 hearing shall not be commenced during the period beginning 30 2 days before an election in which the committee has received or 3 expended money and ending the day after that election except with 4 the consent of the person suspected of committing a civil 5 violation. The hearing shall be conducted in accordance with the 6 procedures set forth in chapter 4 of the administrative proce- 7 dures act of 1969,Act No. 306 of the Public Acts of 1969, being8sections 24.271 to 24.287 of the Michigan Compiled Laws1969 9 PA 306, MCL 24.271 TO 24.287. If after a hearing the secretary 10 of state determines that a violation of this act has occurred, 11 the secretary of state may issue an order requiring the person to 12 pay a civil fine equal to the amount of the improper contribution 13 or expenditure plus not more than $1,000.00 for each violation. 14 A final decision and order issued by the secretary of state is 15 subject to judicial review as provided by chapter 6 of the admin- 16 istrative procedures act of 1969,Act No. 306 of the Public Acts17of 1969, being sections 24.301 to 24.306 of the Michigan Compiled18Laws1969 PA 306, MCL 24.301 TO 24.306. The secretary of state 19 shall deposit a civil fine imposed under this section in the gen- 20 eral fund. The secretary of state may bring an action in circuit 21 court to recover the amount of a civil fine. 22 (7) When a report or statement is filed pursuant to this 23 act, the secretary of state shall review the report or statement 24 and may investigate an apparent violation of this act pursuant to 25 the rules promulgatedpursuant toUNDER this act. If the sec- 26 retary of state determines that there may be reason to believe a 27 violation of this act has occurred and the procedures prescribed 04806'99 7 1 in subsection (5) have been complied with, the secretary of state 2 may refer the matter to the attorney general for the enforcement 3 of any criminal penalty provided by this act, or commence a hear- 4 ing under subsection (6) to determine whether a civil violation 5 of this act has occurred. 6 (8) Unless otherwise specified in this act, a person who 7 violates a provision of this act is subject to a civil fine of 8 not more than $1,000.00 for each violation. Civil fines are in 9 addition to, but not limited by, any criminal penalty prescribed 10 by this act. 11 (9) There is no private right of action, either in law or in 12 equity, pursuant to this act. The remedies provided in this act 13 are the exclusive means by which this act may be enforced and by 14 which any harm resulting from a violation of this act may be 15 redressed. 16 (10) The secretary of state may waive the filing of a cam- 17 paign statement required under section 33, 34, or 35 if the clos- 18 ing date of the particular campaign statement falls on the same 19 or a later date as the closing date of the next campaign state- 20 ment filed by the same person, or if the period that would be 21 otherwise covered by the next campaign statement filed by the 22 same person is 10 days or less. 23 (11) The clerk of each county shall do all of the 24 following: 25 (a) Make available through the county clerk's office the 26 appropriate forms, instructions, and manuals required by this 27 act. 04806'99 8 1 (b) Under the supervision of the secretary of state, 2 implement the filing, coding, and cross-indexing system pre- 3 scribed for the filing of reports and statements required to be 4 filed with the county clerk's office. 5 (c) Receive all statements and reports required by this act 6 to be filed with the county clerk's office. 7 (d) Upon written request, waive the payment of a late filing 8 fee if the request for a waiver is based on good cause as pre- 9 scribed in subsection (1)(f). 10 Sec. 16. (1) A filing official shall make a statement or 11 report required to be filed under this act available for public 12 inspection and reproduction, commencing as soon as practicable, 13 but not later than the third business day following the day on 14 which it is received, during regular business hours of the filing 15 official. 16 (2) A copy of a statement or part of a statement shall be 17 provided by a filing official at a reasonable charge. 18 (3) A statement open to the public under this act shall not 19 be used for any commercial purpose. 20 (4) A statement of organization filed under this act shall 21 be preserved by the filing official for 5 years from the official 22 date of the committee's dissolution. A statement or report filed 23 under this act by a candidate for an office with a term exceeding 24 4 years shall be preserved by the filing official for 1 year 25 beyond that candidate's term of office. Any other statement or 26 report filed under this act shall be preserved by the filing 27 official for 5 years from the date the filing occurred. HOWEVER, 04806'99 9 1 IF UNCORRECTED VIOLATIONS HAVE OCCURRED IN THE STATEMENTS OR 2 REPORTS OR A COURT DETERMINES THAT A VIOLATION OF THIS ACT HAS 3 OCCURRED WITH REGARD TO THE STATEMENTS OR REPORTS, THE PRESERVA- 4 TION PERIOD IS EXTENDED UNTIL 5 YEARS AFTER THE DATE OF THE COURT 5 DETERMINATION OR THE DATE THE VIOLATIONS ARE CORRECTED, WHICHEVER 6 IS LATER. Statements and reports filed under this act may be 7 reproduced pursuant to the records media act, 1992 PA 116, 8 MCL 24.401 TO 24.403. After the required preservation period, 9 the statements and reports, or the reproductions of the state- 10 ments and reports, shall be destroyed. 11 (5) A charge shall not be collected by a filing official for 12 the filing of a required statement or report or for a form upon 13 which the statement or report is to be prepared, except a late 14 filing fee required by this act. 15 (6) A filing official shall determine whether a statement or 16 report filed under this act complies, on its face, with the 17 requirements of this act and the rules promulgated under this 18 act. The filing official shall determine whether a statement or 19 report that is required to be filed under this act is in fact 20 filed. Within 4 business days after the deadline for filing a 21 statement or report under this act, the filing official shall 22 give notice to the filer by registered mail of an error or omis- 23 sion in the statement or report and give notice to a person the 24 filing official has reason to believe is a person required to and 25 who failed to file a statement or report. A failure to give 26 notice by the filing official under this subsection is not a 04806'99 10 1 defense to a criminal action against the person required to 2 file. 3 (7) Within 9 business days after the report or statement is 4 required to be filed, the filer shall make any corrections in the 5 statement or report filed with the appropriate filing official. 6 If the report or statement was not filed, thenitTHE REPORT OR 7 STATEMENT shall be late filed within 9 business days after the 8 time it was required to be filed and shall be subject to late 9 filing fees. 10 (8) After 9 business days and before 12 business days have 11 expired after the deadline for filing the statement or report, 12 the filing official shall report errors or omissions that were 13 not corrected and failures to file to the attorney general. 14 (9) A statement or report required to be filed under this 15 act shall be filed not later than 5 p.m. of the day in which it 16 is required to be filed. A preelection statement or report due 17 on July 25 or October 25 under section 33 that is postmarked by 18 registered or certified mail, or sent by express mail or other 19 overnight delivery service, at least 2 days before the deadline 20 for filing is filed within the prescribed time regardless of when 21 it is actually delivered. Any other statement or report required 22 to be filed under this act that is postmarked by registered or 23 certified mail or sent by express mail or other overnight deliv- 24 ery service on or before the deadline for filing is filed within 25 the prescribed time regardless of when it is actually delivered. 26 Sec. 33. (1) A committee, other than an independent 27 committee or a political committee required to file with the 04806'99 11 1 secretary of state, supporting or opposing a candidate shall file 2 COMPLETE campaign statements as required by this act AND THE 3 RULES PROMULGATED UNDER THIS ACT. THE CAMPAIGN STATEMENTS SHALL 4 BE FILED according to the following schedule: 5 (a) A preelection campaign statement shall be filed not 6 later than the eleventh day before an election. The closing date 7 for a campaign statement filed under this subdivision shall be 8 the sixteenth day before the election. 9 (b) A postelection campaign statement shall be filed not 10 later than the thirtieth day following the election. The closing 11 date for a campaign statement filed under this subdivision shall 12 be the twentieth day following the election. A committee sup- 13 porting a candidate who loses the primary election shall file 14 closing campaign statements in accordance with this section. If 15 all liabilities of such a candidate or committee are paid before 16 the closing date and additional contributions are not expected, 17 the campaign statement may be filed at any time after the elec- 18 tion, but not later than the thirtieth day following the 19 election. 20 (2) For the purposes of subsection (1): 21 (a) A candidate committee shall file a preelection campaign 22 statement and a postelection campaign statement for each election 23 in which the candidate seeks nomination or election, except if an 24 individual becomes a candidate after the closing date for the 25 preelection campaign statement only the postelection campaign 26 statement is required for that election. 04806'99 12 1 (b) A committee other than a candidate committee shall file 2 a campaign statement for each period during which expenditures 3 are made for the purpose of influencing the nomination or elec- 4 tion of a candidate or for the qualification, passage, or defeat 5 of a ballot question. 6 (3) An independent committee or a political committee other 7 than a house political party caucus committee or senate political 8 party caucus committee required to file with the secretary of 9 state shall file campaign statements as required by this act 10 according to the following schedule: 11 (a) In an odd numbered year: 12 (i) Not later than January 31 of that year with a closing 13 date of December 31 of the previous year. 14 (ii) Not later than July 25 with a closing date of July 20. 15 (iii) Not later than October 25 with a closing date of 16 October 20. 17 (b) In an even numbered year: 18 (i) Not later than April 25 of that year with a closing date 19 of April 20 of that year. 20 (ii) Not later than July 25 with a closing date of July 20. 21 (iii) Not later than October 25 with a closing date of 22 October 20. 23 (4) A house political party caucus committee or a senate 24 political party caucus committee required to file with the secre- 25 tary of state shall file campaign statements as required by this 26 act according to the following schedule: 04806'99 13 1 (a) Not later than January 31 of each year with a closing 2 date of December 31 of the immediately preceding year. 3 (b) Not later than April 25 of each year with a closing date 4 of April 20 of that year. 5 (c) Not later than July 25 of each year with a closing date 6 of July 20 of that year. 7 (d) Not later than October 25 of each year with a closing 8 date of October 20 of that year. 9 (e) For the period beginning on the fourteenth day immedi- 10 ately preceding a primary or special primary election and ending 11 on the day immediately following the primary or special primary 12 election, not later than 4 p.m. each business day with a closing 13 date of the immediately preceding day, only for a contribution 14 received or expenditure made that exceeds $1,000.00 per day. 15 (f) For the period beginning on the fourteenth day immedi- 16 ately preceding a general or special election and ending on the 17 day immediately following the general or special election, not 18 later than 4 p.m. each business day with a closing date of the 19 immediately preceding day, only for a contribution received or 20 expenditure made that exceeds $1,000.00 per day. 21 (5) Notwithstanding subsection (3) or (4) or section 51, if 22 an independent expenditure is made within 45 days before a spe- 23 cial election by an independent committee or a political commit- 24 tee required to file a campaign statement with the secretary of 25 state, a report of the expenditure shall be filed by the commit- 26 tee with the secretary of state within 48 hours after the 27 expenditure. The report shall be made on a form provided by the 04806'99 14 1 secretary of state and shall include the date of the independent 2 expenditure, the amount of the expenditure, a brief description 3 of the nature of the expenditure, and the name and address of the 4 person to whom the expenditure was paid. The brief description 5 of the expenditure shall include either the name of the candidate 6 and the office sought by the candidate or the name of the ballot 7 question and shall state whether the expenditure supports or 8 opposes the candidate or ballot question. This subsection does 9 not apply if the committee is required to report the independent 10 expenditure in a campaign statement that is required to be filed 11 before the date of the election for which the expenditure was 12 made. 13 (6) A candidate committee or a committee other than a candi- 14 date committee that files a written statement under section 24(5) 15 or (6) need not file a campaign statement under subsection (1), 16 (3), or (4) unless it received or expended an amount in excess of 17 $1,000.00. If the committee receives or expends an amount in 18 excess of $1,000.00 during a period covered by a filing, the com- 19 mittee is then subject to the campaign filing requirements under 20 this act. 21 (7) A committee, candidate, treasurer, or other individual 22 designated as responsible for the committee's record keeping, 23 report preparation, or report filing who fails to file a state- 24 ment as required by this section shall pay a late filing fee. 25ofIF THE COMMITTEE HAS RAISED $10,000.00 OR LESS DURING THE 26 PREVIOUS 2 YEARS, THE LATE FILING FEE SHALL BE $25.00 for each 27 business day the statement remains unfiled,. TheBUT NOT TO 04806'99 15 1 EXCEED $500.00. IF THE COMMITTEE HAS RAISED MORE THAN $10,000.00 2 DURING THE PREVIOUS 2 YEARS, THE late filing fee shall BE $50.00 3 FOR EACH BUSINESS DAY THE STATEMENT REMAINS UNFILED, BUT not TO 4 exceed$500.00$1,000.00. If a candidate, treasurer, or other 5 individual designated as responsible for the committee's record 6 keeping, report preparation, or report filing fails to file 2 7 statements required by this section or section 35 and both of the 8 statements remain unfiled for more than 30 days, that candidate, 9 treasurer, or other designated individual is guilty of a misde- 10 meanor, punishable by a fine of not more than $1,000.00, or 11 imprisonment for not more than 90 days, or both. 12 (8) If a candidatesubject to this sectionis found guilty 13 OF A VIOLATION OF THIS SECTION, the circuit court for that 14 county, on application by the attorney general or the prosecuting 15 attorney of that county, may prohibit that candidate from assum- 16 ing the duties of a public office or from receiving compensation 17 from public funds, or both. 18 (9) If a treasurer or other individual designated as respon- 19 sible for a committee's record keeping, report preparation, or 20 report filing knowingly files an incomplete or inaccurate state- 21 ment or report required by this section, that treasurer or other 22 designated individual is subject to a civil fine of not more than 23 $1,000.00. 24 Sec. 34. (1) A ballot question committee shall file a cam- 25 paign statement as required by this act according to the follow- 26 ing schedule: 04806'99 16 1 (a) A preelection campaign statement,of whichthe closing 2 date OF WHICH shall be the sixteenth day before the election, 3 shall not be filed later than the eleventh day before the 4 election. 5 (b) A postelection campaign statement, the closing date of 6 which shall be the twentieth day following the election, shall 7 not be filed later than the thirtieth day following an election. 8 If all liabilities of the committee are paid before the closing 9 date and additional contributions are not expected, the campaign 10 statement may be filed at any time after the election, but not 11 later than the thirtieth day following the election. 12 (2) A ballot question committee supporting or opposing a 13 statewide ballot question shall file a campaign statement, of 14 which the closing date shall be the twenty-eighth day after the 15 qualification of the measure, not later than 35 days after the 16 ballot question is qualified for the ballot. If the ballot ques- 17 tion fails to qualify for the ballot, the ballot question commit- 18 tee shall file the campaign statement within 35 days after the 19 final deadline for qualifying, the closing date of which shall be 20 the twenty-eighth day after the deadline. 21 (3) If a ballot question committee supporting or opposing a 22 statewide ballot question fails to file a preelection statement 23 under this section, that committee or its treasurer shall pay a 24 late filing fee for each business day the statement remains not 25 filed in violation of this section, not to exceed $1,000.00, pur- 26 suant to the following schedule: 04806'99 17 1 (a) First day--$25.00. 2 (b) Second day--$50.00. 3 (c) Third day--$75.00. 4 (d) Fourth day and for each subsequent day that the state- 5 ment remains unfiled--$100.00. 6 (4) If a treasurer or other individual designated as respon- 7 sible for the record keeping, report preparation, or report 8 filing of a ballot question committee supporting or opposing a 9 statewide ballot question fails to file a statement, other than a 10 preelection statement, under this section, that committee, trea- 11 surer, or other designated individual shall pay a late filing 12 fee.ofIF THE COMMITTEE HAS RAISED $10,000.00 OR LESS DURING 13 THE PREVIOUS 2 YEARS, THE LATE FILING FEE SHALL BE $25.00 for 14 each business day the campaign statement remainsnot filed in15violation of this section,UNFILED, BUT NOT TO EXCEED $1,000.00. 16 IF THE COMMITTEE HAS RAISED MORE THAN $10,000.00 DURING THE PRE- 17 VIOUS 2 YEARS, THE LATE FILING FEE SHALL BE $50.00 FOR EACH BUSI- 18 NESS DAY THE CAMPAIGN STATEMENT REMAINS UNFILED, BUT not to 19 exceed$1,000.00$2,000.00. 20 (5) If a treasurer or other individual designated as respon- 21 sible for the record keeping, report preparation, or report 22 filing of a ballot question committee supporting or opposing 23 other than a statewide ballot question fails to file a statement 24 under this section, that committee, treasurer, or other desig- 25 nated individual shall pay a late filing fee.ofIF THE COMMIT- 26 TEE HAS RAISED $10,000.00 OR LESS DURING THE PREVIOUS 2 YEARS, 27 THE LATE FILING FEE SHALL BE $25.00 for each business day the 04806'99 18 1 campaign statement remainsnot filed in violation of this2section,UNFILED, BUT NOT TO EXCEED $1,000.00. IF THE COMMITTEE 3 HAS RAISED MORE THAN $10,000.00 DURING THE PREVIOUS 2 YEARS, THE 4 LATE FILING FEE SHALL BE $50.00 FOR EACH BUSINESS DAY THE CAM- 5 PAIGN STATEMENT REMAINS UNFILED, BUT not to exceed$1,000.006 $2,000.00. 7 (6) If a treasurer or other individual designated as respon- 8 sible for the record keeping, report preparation, or report 9 filing of a ballot question committee fails to file a statement 10 as required by subsection (1) or (2) for more than 7 days, that 11 treasurer or other designated individual is guilty of a misde- 12 meanor, punishable by a fine of not more than $1,000.00, or 13 imprisonment for not more than 90 days, or both. 14 (7) If a treasurer or other individual designated as respon- 15 sible for the record keeping, report preparation, or report 16 filing of a ballot question committee knowingly files an incom- 17 plete or inaccurate statement or report required by this section, 18 that treasurer or other designated individual is subject to a 19 civil fine of not more than $1,000.00. 20 Sec. 35. (1) In addition to any other requirements of this 21 act for filing a campaign statement, a committee, other than an 22 independent committee or a political committee required to file 23 with the secretary of state, shall also file a campaign statement 24 not later than January 31 of each year. The campaign statement 25 shall have a closing date of December 31 of the previous year. 26 The period covered by the campaign statement filed pursuant to 27 this subsection shall begin the day after the closing date of the 04806'99 19 1 previous campaign statement. A campaign statement filed pursuant 2 to this subsection shall be waived if a postelection campaign 3 statement has been filed which has a filing deadline within 30 4 days of the closing date of the campaign statement required by 5 this subsection. 6 (2) Subsection (1) does not apply to a candidate committee 7 for an officeholder who is a judge or a supreme court justice, or 8 who holds an elective office for which the salary is less than 9 $100.00 a month and who does not receive any contribution or make 10 any expenditure during the time which would be otherwise covered 11 in the statement. 12 (3) A committee, candidate, treasurer, or other individual 13 designated as responsible for the record keeping, report prepara- 14 tion, or report filing for a candidate committee of a candidate 15 for state elective office or a judicial office who fails to file 16 a campaign statement under this section shall pay a late filing 17 fee.ofIF THE COMMITTEE HAS RAISED $10,000.00 OR LESS DURING 18 THE PREVIOUS 2 YEARS, THE LATE FILING FEE SHALL BE $25.00 for 19 each business day the campaign statement remainsnot filed in20violation of this section. TheUNFILED, BUT NOT TO EXCEED 21 $500.00. IF THE COMMITTEE HAS RAISED MORE THAN $10,000.00 DURING 22 THE PREVIOUS 2 YEARS, THE late filing fee shall BE $50.00 FOR 23 EACH BUSINESS DAY THE CAMPAIGN STATEMENT REMAINS UNFILED, BUT not 24 TO exceed$500.00$1,000.00. A committee, treasurer, or other 25 individual designated as responsible for the record keeping, 26 report preparation, or report filing for a committee other than a 27 candidate committee of a candidate for state elective office or a 04806'99 20 1 judicial office who fails to file a campaign statement under this 2 section shall pay a late filing fee of $25.00 for each business 3 day the committee statement remains not filed in violation of 4 this section. The late filing fee shall not exceed $500.00. 5 (4) A committee filing a written statement pursuant to sec- 6 tion 24(5) or (6) need not file a statement in accordance with 7 subsection (1). If a committee receives or expends more than 8 $1,000.00 during a time period prescribed by section 24(5) or 9 (6), the committee is then subject to the campaign filing 10 requirements under this act and shall file a campaign statement 11 for the period beginning the day after the closing date of the 12 last postelection campaign statement or an annual campaign state- 13 ment which is waived pursuant to subsection (1), whichever 14 occurred earlier. 15 (5) If a candidate, treasurer, or other individual desig- 16 nated as responsible for the record keeping, report preparation, 17 or report filing fails to file 2 statements required by this sec- 18 tion or section 33 and both of the statements remain unfiled for 19 more than 30 days, that candidate, treasurer, or other designated 20 individual is guilty of a misdemeanor, punishable by a fine of 21 not more than $1,000.00, or imprisonment for not more than 90 22 days, or both. 23 (6) If a treasurer or other individual designated as respon- 24 sible for the record keeping, report preparation, or report 25 filing for a committee required to file a campaign statement 26 under subsection (1) knowingly files an incomplete or inaccurate 27 statement or report required by this section, that treasurer or 04806'99 21 1 other designated individual is subject to a civil fine of not 2 more than $1,000.00. 04806'99 Final page. 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