PROHIBIT 'VALUABLE CONSIDERATION'

DURING CANDIDATE RECRUITMENT

House Bill 4053 as introduced

Sponsor:  Rep. Earl Poleski

Committee:  Elections

Complete to 10-27-15

SUMMARY:

House Bill 4053 would amend the Michigan Election Law to prohibit an individual from promising or providing any 'valuable consideration' to an individual to encourage that individual to run or not to run as a candidate for election to a political office.

Further, the bill would prohibit an individual from accepting any 'valuable consideration' to run or not to run for political office.

The bill specifies that an individual who violated these prohibitions would be guilty of a misdemeanor punishable by imprisonment for not more than one year, or a fine of not more than $500, or both.

Definitions.  The bill would define "valuable consideration" to mean that term as defined in Section 931 of the Michigan Election Law, but specifies that 'valuable consideration' does not include a contribution or an expenditure, as those terms are used in the Michigan Campaign Finance Act. In Section 931 of the Michigan Election Law [at MCL 168.931(4)], "valuable consideration" includes, but is not limited to, money, property, a gift, a prize or chance for a prize, a fee, a loan, an office, a position, an appointment, or employment.

MCL 168.931(c)

FISCAL IMPACT:

House Bill 4053 would have no fiscal impact on state government. Local government could be impacted in that the bill adds a new misdemeanor, which could increase costs related to county jails or local probation supervision. Misdemeanor fines would go to public libraries.

                                                                                        Legislative Analyst:   J. Hunault

                                                                                                Fiscal Analyst:   Perry Zielak

This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.