HB-4290,As Passed House,Mar 20, 2003

SUBSTITUTE FOR

HOUSE BILL NO. 4290

                                                                             A bill to amend 1976 PA 388, entitled                                             

"Michigan campaign finance act,"                                            

(MCL 169.201 to 169.282) by adding section 65a.                             

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1   Sec. 65a.  (1) A candidate who applies for money from the                   

2   state campaign fund and whose name is eligible to appear on the             

3   primary election ballot shall participate in 1 or more public               

4   debates with all other candidates of the same party who apply for           

5   money from the state campaign fund and whose names are eligible             

6   to appear on the primary election ballot, if any.                           

7       (2) A candidate who applies for money from the state campaign               

8   fund and whose name is eligible to appear on the general election           

9   ballot shall participate in 1 or more public debates with all               

10  other candidates who apply for money from the state campaign fund           

11  and whose names are eligible to appear on the general election              

House Bill No. 4290 (H-3) as amended March 19, 2003

1   ballot, if any.                                                             

2       (3) A debate or debates required by subsection (1) or (2)                   

3   shall be scheduled and conducted as mutually agreed in writing by           

4   all candidates required to participate.  An agreement among all             

5   of the candidates required to participate shall be filed with the           

6   director of elections.                                                      

7       (4) If an agreement under subsection (3) is not filed by at                 

8   least 45 days before the primary or general election, the board             

9   of state canvassers and the director of elections shall, by at              

10  least 38 days before the election, schedule 1 or more public                

11  debates as required by subsection (1) or (2), respectively, and             

12  establish all of the details required by subsection (5).  The               

13  concurrence of a majority of the 5 individuals involved in making           

14  a decision under this subsection, the 4 members of the board of             

15  state canvassers and the director of elections, is required for             

16  an official decision under this subsection [; however, the majority must consist of at least 1 member of each major political party appointed to the board of state canvassers].                                                           

17      (5) A written agreement required by subsection (3) shall                    

18  contain at least all of the following details:                              

19      (a) The number of debates that will be held.                                

20      (b) The date, time, and place of each debate.                               

21      (c) The name of the moderator of each debate.                               

22      (d) The format of each debate.                                              

23      (6) If a candidate whose name is eligible to appear on the                  

24  ballot for an election for which a public debate is required by             

25  this section but who is not required to participate in the debate           

26  agrees in a writing filed with the director of elections to abide           

27  by all of the details contained in the agreement under subsection           

1   (3) or established by the board of state canvassers and director            

2   of elections under subsection (4), the candidate may participate            

3   in the debate.                                                              

4       (7) A candidate who does not participate in a public debate                 

5   required under this section shall return all money received by              

6   the candidate from the state campaign fund for that election.  A            

7   candidate is personally liable for money required to be returned            

8   under this subsection, and shall return the money by written                

9   instrument within 30 days following the debate in which the                 

10  candidate did not participate.  However, a candidate who is not             

11  able to participate in a public debate because of exigent                   

12  circumstances that are mutually agreed to by all candidates                 

13  required to participate in the debate or by the board of state              

14  canvassers is not required to return the money received from the            

15  state campaign fund.