§ 169.233Campaign statements; filing schedule; report on expenditures; form; late filing

en · 13,278 chars · active
fee; violation as misdemeanor; penalty; prohibitions; filing incomplete or inaccurate
 statement or report; civil fine; failure to file campaign statements; violation as felony;
 seizure and forfeiture of money; inventory statement of money seized; notice; hearing;
 decision; appeal; commencement of action.
 Sec. 33.
    (1) A committee, other than an independent committee, an independent expenditure
 committee, or a political committee required to file with the secretary of state, supporting or
 opposing a candidate shall file complete campaign statements as required by this act and the
 rules promulgated under this act according to the following schedule:
    (a) A preelection campaign statement must be filed not later than the eleventh day before an
 election. The closing date for a campaign statement filed under this subdivision is the sixteenth
 day before the election.
    (b) A postelection campaign statement must be filed not later than the thirtieth day
 following the election. The closing date for a campaign statement filed under this subdivision
 is the twentieth day following the election. A committee supporting a candidate who loses the
 primary election shall file closing campaign statements in accordance with this section. If all
 liabilities of that candidate or committee are paid before the closing date and additional
 contributions are not expected, the campaign statement may be filed at any time after the
 election, but not later than the thirtieth day following the election.
    (c) For candidate committees only, in a year in which there is no election for the candidate
 the candidate committee is supporting or opposing:
    (i) Not later than July 25 with a closing date of July 20 of that year.
    (ii) Not later than October 25 with a closing date of October 20 of that year.
    (2) For the purposes of subsection (1):
    (a) A candidate committee shall file a preelection campaign statement and a postelection
 campaign statement for each election in which the candidate seeks nomination or election,




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 except if an individual becomes a candidate after the closing date for the preelection campaign
 statement only the postelection campaign statement is required for that election.
    (b) A committee other than a candidate committee shall file a campaign statement for each
 period during which expenditures are made for the purpose of influencing the nomination or
 election of a candidate or for the qualification, passage, or defeat of a ballot question.
    (3) An independent committee, an independent expenditure committee, or a political
 committee other than a house political party caucus committee or senate political party caucus
 committee required to file with the secretary of state shall file campaign statements as required
 by this act according to the following schedule:
    (a) Not later than April 25 of each year with a closing date of April 20 of that year.
    (b) Not later than July 25 of each year with a closing date of July 20 of that year.
    (c) Not later than October 25 of each year with a closing date of October 20 of that year.
    (4) A house political party caucus committee or a senate political party caucus committee
 required to file with the secretary of state or a political party committee for a party attempting
 to qualify as a new political party under section 685 of the Michigan election law, 1954 PA
 116, MCL 168.685, shall file campaign statements as required by this act according to the
 following schedule:
    (a) Not later than January 31 of each year with a closing date of December 31 of the
 immediately preceding year.
    (b) Not later than April 25 of each year with a closing date of April 20 of that year.
    (c) Not later than July 25 of each year with a closing date of July 20 of that year.
    (d) Not later than October 25 of each year with a closing date of October 20 of that year.
    (e) For the period beginning on the fourteenth day immediately preceding a primary or
 special primary election and ending on the day immediately following the primary or special
 primary election, not later than 4 p.m. each business day with a closing date of the
 immediately preceding day, only for a contribution received or expenditure made that exceeds
 $1,000.00 per day.
    (f) For the period beginning on the fourteenth day immediately preceding a general or
 special election and ending on the day immediately following the general or special election,
 not later than 4 p.m. each business day with a closing date of the immediately preceding day,
 only for a contribution received or expenditure made that exceeds $1,000.00 per day.
    (5) Notwithstanding subsection (3) or (4) or section 51, if an independent expenditure is
 made within 45 days before a special election by an independent committee, an independent
 expenditure committee, or a political committee required to file a campaign statement with the
 secretary of state, the committee shall file a report of the expenditure with the secretary of
 state within 48 hours after the expenditure. The report must be made on a form provided by
 the secretary of state and must include the date of the independent expenditure, the amount of
 the expenditure, a brief description of the nature of the expenditure, and the name and address
 of the person to whom the expenditure was paid. The brief description of the expenditure must
 include either the name of the candidate and the office sought by the candidate or the name of
 the ballot question and state whether the expenditure supports or opposes the candidate or
 ballot question. This subsection does not apply if the committee is required to report the
 independent expenditure in a campaign statement that is required to be filed before the date of
 the election for which the expenditure was made.
    (6) A candidate committee or a committee other than a candidate committee that files a
 written statement under section 24(5) or (6) or that is automatically considered to have made a
 statement under section 24(5) is not required to file a campaign statement under subsection
 (1), (3), or (4) unless it received or expended an amount in excess of $1,000.00. If the


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 committee receives or expends an amount in excess of $1,000.00 during a period covered by a
 filing, the committee is then subject to the campaign filing requirements under this act.
    (7) A committee, candidate, treasurer, or other individual designated as responsible for the
 committee's record keeping, report preparation, or report filing who fails to file a statement as
 required by this section shall pay a late filing fee. If the committee has raised $10,000.00 or
 less during the previous 2 years, the late filing fee is $25.00 for each business day the
 statement remains unfiled, but not to exceed $500.00. If the committee has raised more than
 $10,000.00 during the previous 2 years, the late filing fee must not exceed $1,000.00,
 determined as follows:
    (a) Twenty-five dollars for each business day the report remains unfiled.
    (b) An additional $25.00 for each business day after the first 3 business days the report
 remains unfiled.
    (c) An additional $50.00 for each business day after the first 10 business days the report
 remains unfiled.
    (8) If a candidate, treasurer, or other individual designated as responsible for the
 committee's record keeping, report preparation, or report filing fails to file 2 statements
 required by this section or section 35 and both of the statements remain unfiled for more than
 30 days, that candidate, treasurer, or other designated individual is guilty of a misdemeanor
 punishable by a fine of not more than $1,000.00 or imprisonment for not more than 90 days, or
 both.
    (9) If a candidate is found guilty of a violation of this section, the circuit court for that
 county, on application by the attorney general or the prosecuting attorney of that county, may
 prohibit that candidate from assuming the duties of a public office or from receiving
 compensation from public funds, or both.
    (10) If a candidate, treasurer, or other individual designated as responsible for a committee's
 record keeping, report preparation, or report filing knowingly files an incomplete or inaccurate
 statement or report required by this section, that individual is subject to a civil fine of not more
 than $1,000.00.
    (11) If a candidate, treasurer, or other individual designated as responsible for a committee's
 record keeping, report preparation, or report filing knowingly omits or underreports individual
 contributions or individual expenditures required to be disclosed by this act, that individual is
 subject to a civil fine of not more than $1,000.00 or the amount of the contributions and
 expenditures omitted or underreported, whichever is greater.
    (12) If a candidate committee's account has a balance of $20,000.00 or more and a
 candidate, treasurer, or other individual designated as responsible for that committee's record
 keeping, report preparation, or report filing fails to file campaign statements required under
 this act for 2 consecutive years, that candidate, treasurer, or other individual is guilty of a
 felony punishable by imprisonment for not more than 3 years or a fine of not more than
 $5,000.00, or both. Any money in a candidate committee account described in this subsection
 is subject to seizure by, and forfeiture to, this state as provided in this section.
    (13) Not more than 5 business days after seizure of money under subsection (12), the
 secretary of state shall deliver personally or by registered mail to the last known address of the
 candidate from whom the seizure was made an inventory statement of the money seized. The
 inventory statement must also contain notice to the effect that unless demand for hearing as
 provided in this section is made within 10 business days, the money is forfeited to this state.
 Within 10 business days after the date of service of the notice, the candidate may by registered
 mail, facsimile transmission, or personal service file with the secretary of state a demand for a
 hearing before the secretary of state or a person designated by the secretary of state for a


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 determination as to whether the money was lawfully subject to seizure and forfeiture. The
 candidate is entitled to appear before the secretary of state or a person designated by the
 secretary of state, to be represented by counsel, and to present testimony and argument. Upon
 receipt of a request for hearing, the secretary of state or a person designated by the secretary of
 state shall hold the hearing within 15 business days. The hearing is not a contested case
 proceeding and is not subject to the administrative procedures act of 1969, 1969 PA 306, MCL
 24.201 to 24.328. After the hearing, the secretary of state or a person designated by the
 secretary of state shall render a decision in writing within 10 business days of the hearing and,
 by order, shall either declare the money subject to seizure and forfeiture or declare the money
 returnable to the candidate. If, within 10 business days after the date of service of the
 inventory statement, the candidate does not file with the secretary of state a demand for a
 hearing before the secretary of state or a person designated by the secretary of state, the money
 seized is forfeited to this state by operation of law. If, after a hearing before the secretary of
 state or a person designated by the secretary of state, the secretary of state or a person
 designated by the secretary of state determines that the money is lawfully subject to seizure
 and forfeiture and the candidate does not appeal to the circuit court of the county in which the
 seizure was made within the time prescribed in this section, the money seized is forfeited to
 this state by operation of law. If a candidate is aggrieved by the decision of the secretary of
 state or a person designated by the secretary of state, that candidate may appeal to the circuit
 court of the county where the seizure was made to obtain a judicial determination of the
 lawfulness of the seizure and forfeiture. The action must be commenced within 20 days after
 notice of a determination by the secretary of state or a person designated by the secretary of
 state is sent to the candidate. The court shall hear the action and determine the issues of fact
 and law involved in accordance with rules of practice and procedure as in other in rem
 proceedings.

Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.