contents, and form of complaint; investigations; referral of matter to attorney general;
posting of complaint, response, or rebuttal statement on website; informal methods of
conference, conciliation, or persuasion; conciliation agreement as bar to further action;
enforcement of criminal penalty; hearing; order; judicial review; civil fine and other
sanctions; waiver of campaign statement filing; duties of county clerk.
Sec. 15.
(1) The secretary of state shall do all of the following:
(a) Make available through his or her offices, and furnish to county clerks, appropriate
forms, instructions, and manuals required by this act.
(b) Develop a filing, coding, and cross-indexing system for the filing of required reports and
statements consistent with this act, and supervise the implementation of the filing systems by
the clerks of the counties.
(c) Receive all statements and reports required by this act to be filed with the secretary of
state.
(d) Prepare forms, instructions, and manuals required under this act.
(e) Promulgate rules and issue declaratory rulings to implement this act in accordance with
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(f) Upon receipt of a written request and the required filing, waive payment of a late filing
fee if the request for the waiver is based on good cause and accompanied by adequate
documentation. One or more of the following reasons constitute good cause for a late filing fee
waiver:
(i) The incapacitating physical illness, hospitalization, accident involvement, death, or
incapacitation for medical reasons of a person required to file, a person whose participation is
essential to the preparation of the statement or report, or a member of the immediate family of
these persons.
(ii) Other unique, unintentional factors beyond the filer's control not stemming from a
negligent act or nonaction so that a reasonably prudent person would excuse the filing on a
temporary basis. These factors include the loss or unavailability of records due to a fire, flood,
theft, or similar reason and difficulties related to the transmission of the filing to the filing
official, such as exceptionally bad weather or strikes involving transportation systems.
(2) A declaratory ruling shall be issued under this section only if the person requesting the
ruling has provided a reasonably complete statement of facts necessary for the ruling or if the
person requesting the ruling has, with the permission of the secretary of state, supplied
supplemental facts necessary for the ruling. A request for a declaratory ruling that is submitted
to the secretary of state shall be made available for public inspection within 48 hours after its
receipt. An interested person may submit written comments regarding the request to the
secretary of state within 10 business days after the date the request is made available to the
public. Within 45 business days after receiving a declaratory ruling request, the secretary of
state shall make a proposed response available to the public. An interested person may submit
written comments regarding the proposed response to the secretary of state within 5 business
days after the date the proposal is made available to the public. Except as otherwise provided
in this section, the secretary of state shall issue a declaratory ruling within 60 business days
after a request for a declaratory ruling is received. If the secretary of state refuses to issue a
declaratory ruling, the secretary of state shall notify the person making the request of the
reasons for the refusal and shall issue an interpretative statement providing an informational
response to the question presented within the same time limitation applicable to a declaratory
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ruling. A declaratory ruling or interpretative statement issued under this section shall not state
a general rule of law, other than that which is stated in this act, until the general rule of law is
promulgated by the secretary of state as a rule under the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328, or under judicial order.
(3) Under extenuating circumstances, the secretary of state may issue a notice extending for
not more than 30 business days the period during which the secretary of state shall respond to
a request for a declaratory ruling. The secretary of state shall not issue more than 1 notice of
extension for a particular request. A person requesting a declaratory ruling may waive, in
writing, the time limitations provided by this section.
(4) The secretary of state shall make available to the public an annual summary of the
declaratory rulings and interpretative statements issued by the secretary of state.
(5) A person may file with the secretary of state a complaint that alleges a violation of this
act. Within 5 business days after a complaint that meets the requirements of subsection (6) is
filed, the secretary of state shall give notice to the person against whom the complaint is filed.
The notice shall include a copy of the complaint. Within 15 business days after this notice is
mailed, the person against whom the complaint was filed may submit a response to the
secretary of state. The secretary of state may extend the period for submitting a response an
additional 15 business days for good cause. The secretary of state shall provide a copy of a
response received to the complainant. Within 10 business days after the response is mailed, the
complainant may submit a rebuttal statement to the secretary of state. The secretary of state
may extend the period for submitting a rebuttal statement an additional 10 business days for
good cause. The secretary of state shall provide a copy of the rebuttal statement to the person
against whom the complaint was filed.
(6) A complaint filed under subsection (5) shall satisfy all of the following requirements:
(a) Be signed by the complainant.
(b) State the name, address, and telephone number of the complainant.
(c) Include the complainant's certification that, to the best of the complainant's knowledge,
information, and belief, formed after a reasonable inquiry under the circumstances, each
factual contention of the complaint is supported by evidence. However, if, after a reasonable
inquiry under the circumstances, the complainant is unable to certify that certain factual
contentions are supported by evidence, the complainant may certify that, to the best of his or
her knowledge, information, or belief, there are grounds to conclude that those specifically
identified factual contentions are likely to be supported by evidence after a reasonable
opportunity for further inquiry.
(7) The secretary of state shall develop a form that satisfies the requirements of subsection
(6) and may be used for the filing of complaints.
(8) A person who files a complaint with a false certificate under subsection (6)(c) is
responsible for a civil violation of this act. A person may file a complaint under subsection (5)
alleging that another person has filed a complaint with a false certificate under subsection (6)
(c).
(9) The secretary of state shall investigate the allegations under the rules promulgated under
this act. If the violation involves the secretary of state, the immediate family of the secretary of
state, or a campaign or committee with which the secretary of state is connected, directly or
indirectly, the secretary of state shall refer the matter to the attorney general to determine
whether a violation of this act has occurred.
(10) No later than 45 business days after receipt of a rebuttal statement submitted under
subsection (5), or if no response or rebuttal is received under subsection (5), the secretary of
state shall post on the secretary of state's Internet website whether or not there may be reason
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to believe that a violation of this act has occurred. When the secretary of state determines
whether there may be reason to believe that a violation of this act occurred or did not occur or
determines to terminate its proceedings, the secretary of state shall, within 30 days of that
determination, post on the secretary of state's Internet website any complaint, response, or
rebuttal statement received under subsection (5) regarding that violation or alleged violation
and any correspondence that is dispositive of that violation or alleged violation between the
secretary of state and the complainant or the person against whom the complaint was filed. If
the secretary of state determines that there may be reason to believe that a violation of this act
occurred, the secretary of state shall endeavor to correct the violation or prevent a further
violation by using informal methods such as a conference, conciliation, or persuasion, and
may enter into a conciliation agreement with the person involved. Unless violated, a
conciliation agreement is a complete bar to any further civil or criminal action with respect to
matters covered in the conciliation agreement. The secretary of state shall, within 30 days after
a conciliation agreement is signed, post that agreement on the secretary of state's Internet
website. If, after 90 business days, the secretary of state is unable to correct or prevent further
violation by these informal methods, the secretary of state shall do either of the following:
(a) Refer the matter to the attorney general for the enforcement of any criminal penalty
provided by this act.
(b) Commence a hearing as provided in subsection (11) for enforcement of any civil
violation.
(11) The secretary of state may commence a hearing to determine whether a civil violation
of this act has occurred. The hearing shall be conducted in accordance with the procedures set
forth in chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to
24.287. If after a hearing the secretary of state determines that a violation of this act has
occurred, the secretary of state may issue an order requiring the person to pay a civil fine not
more than triple the amount of the improper contribution or expenditure plus not more than
$1,000.00 for each violation.
(12) A final decision and order issued by the secretary of state is subject to judicial review
as provided by chapter 6 of the administrative procedures act of 1969, 1969 PA 306, MCL
24.301 to 24.306. The secretary of state shall deposit a civil fine imposed under this section in
the general fund. The secretary of state may bring an action in circuit court to recover the
amount of a civil fine.
(13) When a report or statement is filed under this act, the secretary of state shall review the
report or statement and may investigate an apparent violation of this act under the rules
promulgated under this act. If the secretary of state determines that there may be reason to
believe a violation of this act has occurred and the procedures prescribed in subsection (10)
have been complied with, the secretary of state may refer the matter to the attorney general for
the enforcement of a criminal penalty provided by this act, or commence a hearing under
subsection (11) to determine whether a civil violation of this act has occurred.
(14) No later than 60 business days after a matter is referred to the attorney general for
enforcement of a criminal penalty, the attorney general shall determine whether to proceed
with enforcement of that penalty.
(15) Unless otherwise specified in this act, a person who violates a provision of this act is
subject to a civil fine of not more than $1,000.00 for each violation. A civil fine is in addition
to, but not limited by, a criminal penalty prescribed by this act.
(16) In addition to any other sanction provided for by this act, the secretary of state may
require a person who files a complaint with a false certificate under subsection (6)(c) to do
either or both of the following:
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(a) Pay to the secretary of state some or all of the expenses incurred by the secretary of state
as a direct result of the filing of the complaint.
(b) Pay to the person against whom the complaint was filed some or all of the expenses,
including, but not limited to, reasonable attorney fees incurred by that person in proceedings
under this act as a direct result of the filing of the complaint.
(17) Except as otherwise provided in section 57, there is no private right of action, either in
law or in equity, under this act. Except as otherwise provided in section 57, the remedies
provided in this act are the exclusive means by which this act may be enforced and by which
any harm resulting from a violation of this act may be redressed. The criminal penalties
provided by this act may only be enforced by the attorney general and only upon referral by
the secretary of state as provided under subsection (10) or (13).
(18) The secretary of state may waive the filing of a campaign statement required under
section 33, 34, or 35 if the closing date of the particular campaign statement falls on the same
or a later date as the closing date of the next campaign statement filed by the same person, or
if the period that would be otherwise covered by the next campaign statement filed by the
same person is 10 days or less.
(19) The clerk of each county shall do all of the following:
(a) Make available through the county clerk's office the appropriate forms, instructions, and
manuals required by this act.
(b) Under the supervision of the secretary of state, implement the filing, coding, and cross-
indexing system prescribed for the filing of reports and statements required to be filed with the
county clerk's office.
(c) Receive all statements and reports required by this act to be filed with the county clerk's
office.
(d) Upon written request, waive the payment of a late filing fee if the request for a waiver is
based on good cause as prescribed in subsection (1)(f).§ 169.215Duties of secretary of state; declaratory ruling and interpretive statement; filing,
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