HB-6133, As Passed House, September 13, 2006
SUBSTITUTE FOR
HOUSE BILL NO. 6133
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending section 47 (MCL 169.247), as amended by 2001 PA 250,
and by adding section 48.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 47. (1) Except as otherwise provided in this subsection
and subject to subsections (3) and (4), a billboard, placard,
poster, pamphlet, or other printed matter having reference to an
election, a candidate, or a ballot question, shall bear upon it the
name and address of the person paying for the matter. Except as
otherwise provided in this subsection and subject to subsections
(3) and (4), if the printed matter relating to a candidate is an
independent expenditure that is not authorized in writing by the
candidate committee of that candidate, the printed matter shall
contain the following disclaimer: "Not authorized by any candidate
committee". An individual other than a candidate is not subject to
this subsection if the individual is acting independently and not
acting as an agent for a candidate or any committee.
(2) A radio or television paid advertisement having reference
to an election, a candidate, or a ballot question shall identify
the sponsoring person as required by the federal communications
commission, shall bear the name of the person paying for the
advertisement, and shall be in compliance with subsection (3) and
with the following:
(a) If the radio or television paid advertisement relates to a
candidate and is an independent expenditure, the advertisement
shall contain the following disclaimer: "Not authorized by any
candidate".
(b) If the radio or television paid advertisement relates to a
candidate and is not an independent expenditure but is paid for by
a person other than the candidate to which it is related, the
advertisement shall contain the following disclaimer:
"Authorized
by .................................................".
(name
of candidate or name of candidate committee)
"I am ____________________________ and I approve this message.".
(name of candidate)
(3) The size and placement of an identification or disclaimer
required by this section shall be determined by rules promulgated
by the secretary of state. The rules may exempt printed matter and
certain other items such as campaign buttons or balloons, the size
House Bill No. 6133 (H-1) as amended September 13, 2006
of which makes it unreasonable to add an identification or
disclaimer, from the identification or disclaimer required by this
section.
(4) Except for a candidate committee's printed matter or radio
or television paid advertisements, each identification or
disclaimer required by this section shall also indicate that the
printed matter or radio or television paid advertisement is paid
for "with regulated funds". Printed matter or a radio or television
paid advertisement that is not subject to this act shall not bear
the statement required by this subsection.
(5) A person who knowingly violates this section is guilty of
a misdemeanor punishable by a fine of not more than $1,000.00, or
imprisonment for not more than 93 days, or both.
Sec. 48. (1) A communication relating to a candidate that is
designed to contact electors through telephonic, electronic mail,
or other electronic means [and to which section 47 does not apply] shall
clearly state the name of the
person paying for the communication.
(2) If the communication described in subsection (1) relates
to a candidate and is an independent expenditure not authorized in
writing by that candidate's candidate committee, the communication
shall also clearly state the following disclaimer: "Not authorized
by any candidate committee". If the communication described in
subsection (1) relates to a candidate and is not an independent
expenditure, but is paid for by a person other than the candidate
to whom it is related, the communication shall also clearly state
the following disclaimer:
"Authorized by __________________________________________________".
(name of candidate or name of candidate committee)
(3) For a visual communication governed by this section, the
secretary of state shall promulgate rules regulating the size and
placement of an identification or disclaimer required by this
section.
(4) A person who knowingly violates this section is guilty of
a misdemeanor punishable by imprisonment for not more than 90 days
or a fine of not more than $500.00, or both.
Enacting section 1. This amendatory act takes effect January
31, 2007.