TrustVoting Atlas

service of process; official depository for contributions; secondary depositories;
requirements for accepting contributions or making expenditures; vacancy in office of
treasurer; authorizing expenditure; contributions or expenditures considered received or
made by candidate committee; reporting contributions; commingling prohibited;
violation; penalty.
Sec. 21.
(1) A candidate, within 10 days after becoming a candidate, shall form a candidate
committee. An individual who is a candidate for more than 1 office shall form a candidate
committee for each office for which the individual is a candidate, if at least 1 of the offices is a
state elective office. A candidate shall not form more than 1 candidate committee for each
office for which the individual is a candidate.
(2) A candidate committee must have a treasurer who is a qualified elector of this state. A
candidate may appoint himself or herself as the candidate committee treasurer.
(3) A committee other than a candidate committee must have a treasurer who is a qualified
elector of this state if the committee conducts business through an office or other facility
located in this state.
(4) If a committee is not required to have as its treasurer an individual who is a qualified
elector of this state, the committee may have as its treasurer an individual who is a resident of
another state. A committee with a nonresident treasurer shall file, with its statement of
organization, an irrevocable written stipulation, signed by the treasurer, agreeing that legal
process affecting the committee, served on the secretary of state or an agent designated by the
secretary of state, has the same effect as if personally served on the committee. This
appointment remains in force as long as any liability of the committee remains outstanding
within this state.
(5) If the secretary of state or designated agent of the secretary of state is served with legal
process under subsection (4), the secretary of state shall promptly notify the committee's
treasurer by certified mail at the last known address of the committee shown on the
committee's statement of organization.

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(6) Except as provided by law, a candidate committee or a committee described in
subsection (3) shall have 1 account in a financial institution in this state as an official
depository to deposit all contributions received by the committee in the form of or which are
converted to money, checks, or other negotiable instruments and to make all expenditures. The
committee shall designate that financial institution as its official depository. The establishment
of an account in a financial institution is not required until the committee receives a
contribution or makes an expenditure. Candidate committees shall only use secondary
depositories to deposit contributions and promptly transfer the deposits to the committee's
official depository, or to deposit the proceeds of a joint fund-raiser under section 44(4) and
transfer each committee's share of any receipts from the joint fund-raiser. A committee
described in subsection (3) shall only use secondary depositories for any of the following:
(a) To deposit contributions and promptly transfer the deposits to the committee's official
depository.
(b) To deposit the proceeds of a joint fund-raiser under section 44(4) and transfer each
committee's share of any receipts from the joint fund-raiser.
(c) To deposit, divide, and transfer contributions that are aggregated with dues or other
payments.
(7) Except as provided by law, a committee described in subsection (4) shall have 1 account
in a financial institution as its official depository to deposit all contributions received by the
committee in the form of or which are converted to money, checks, or other negotiable
instruments and to make all expenditures. The committee shall designate that financial
institution as its official depository. The establishment of an account in a financial institution is
not required until the committee receives a contribution or makes an expenditure. A committee
described in subsection (4) shall only use secondary depositories for any of the following:
(a) To deposit contributions and promptly transfer the deposits to the committee's official
depository.
(b) To deposit the proceeds of a joint fund-raiser under section 44(4) and transfer each
committee's share of any receipts from the joint fund-raiser.
(c) To deposit, divide, and transfer contributions that are aggregated with dues or other
payments.
(8) A committee shall not accept a contribution or make an expenditure if that committee
does not have a treasurer. When the office of treasurer in a candidate committee is vacant, the
candidate is the treasurer until the candidate appoints a new treasurer.
(9) A committee shall not make an expenditure without the authorization of the treasurer or
the treasurer's designee. The contributions received or expenditures made by a candidate or an
agent of a candidate are considered received or made by the candidate committee.
(10) Contributions received by an individual acting in behalf of a committee must be
reported promptly to the committee's treasurer not later than 5 days before the closing date of
any campaign statement required to be filed by the committee, and must be reported to the
committee treasurer immediately if the contribution is received less than 5 days before the
closing date.
(11) A contribution is considered received by a committee when it is received by the
committee treasurer or a designated agent of the committee treasurer although the contribution
may not be deposited in the official depository by the reporting deadline.
(12) Contributions received by a committee must not be commingled with other funds of an
agent of the committee or of any other person. Contributions are not considered to be
commingled if that contribution is either of the following:

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(a) A contribution received by a person for transmission to a separate segregated fund as
described in section 55(7).
(b) A contribution made by 1 or more persons through a person if all of the following are
met:
(i) The individual contribution or aggregated contribution is accompanied by or logically
associated with all information required under section 26 for each individual contributor.
(ii) The person making the contribution is the original source of the contribution.
(iii) The contribution is not obtained through use of coercion or physical force, as a
condition of employment or membership, or by using or threatening to use job discrimination
or financial reprisals.
(iv) Only the person making the contribution exercises any control over the making of, or
the amount or recipient of, the contribution.
(v) The contribution is not otherwise prohibited by this act.
(13) A person that violates this section is subject to a civil fine of not more than $1,000.00.