June 7, 2016, Introduced by Reps. Canfield, Jenkins, Vaupel, Graves and Cole and referred to the Committee on Elections.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending section 20 (MCL 169.220), as amended by 1982 PA 167.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
20. (1) An individual shall not be considered to be a
candidate if the individual has done any of the following:
(a) Filed a fee, affidavit of incumbency, or nominating
petition for an elective office, if the individual withdraws within
the time limit established by law, and if the individual has not
received a contribution, made an expenditure, or given consent for
another person to receive a contribution or make an expenditure to
secure the individual's nomination or election to an elective
office. For purposes of this subdivision, a payment of a filing fee
for
elective office shall is not be considered to be an
expenditure.
(b) Has been nominated as a candidate for elective office by a
political party caucus or convention, if the individual nominated
withdraws within the time limit established by law or does not
submit the notice of acceptance of nomination according to the
procedures established by law, and if the individual has not
received a contribution, made an expenditure, or given consent for
another person to receive a contribution or make an expenditure to
secure the individual's nomination or election to an elective
office.
(c) Has been nominated as a candidate for elective office by a
political party caucus or convention, if the party does not qualify
to
have its name , party vignette, and candidates' names appear on
the
general election ballot pursuant to section 685 of Act No. 116
of
the Public Acts of 1954, as amended, being section 168.685 of
the
Michigan Compiled Laws; the
Michigan election law, 1954 PA 116,
MCL 168.685, and if the individual has not received a contribution
or made an expenditure to secure the individual's nomination or
election to an elective office.
(d) Has been appointed to fill a vacancy in an elective office
if
the individual does not meet 1 of the provisions criteria of
section 3(1).
(2) An individual who receives votes at an election solely by
the write-in method as provided by law is considered a candidate
under this act as follows:
(a) An individual who receives a contribution, makes an
expenditure, or gives consent for another person to receive a
contribution or make an expenditure with a view to bringing about
the individual's receiving write-in votes at an election is a
candidate under this act at the time of receiving the contribution
or making the expenditure or giving consent to another person to
receive the contribution or make the expenditure.
(b) An individual who is not a candidate by reason of
subdivision (a), but who is certified as a nominee as a result of
write-in votes received at a primary election and does not withdraw
as a nominee as provided by law is a candidate under this act as of
5 days following the certification of the nomination by the board
of canvassers canvassing the primary.
(c) An individual who is not a candidate by reason of
subdivision (a) or (b), but who is elected to an office by
receiving write-in votes in an election is a candidate under this
act at the time the individual qualifies for the office.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 5723 (request no.
06008'16) of the 98th Legislature is enacted into law.