January 26, 2005, Introduced by Senator SWITALSKI and referred to the Committee on Government Operations.
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending sections 18 and 36 (MCL 169.218 and 169.236), section
18 as added by 1999 PA 238 and section 36 as amended by 1996 PA
590.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 18. (1) The secretary of state shall develop and
implement an electronic filing and internet disclosure system that
permits committees that are required to file statements or reports
under this act with the secretary of state and local units of
government that are required under section 36 to transmit
statements to the secretary of state to file those statements or
reports electronically and that provides internet disclosure of
electronically filed statements or reports on a website.
(2)
By July 1, 2000, the The
secretary of state shall offer
each committee required to file with the secretary of state the
option of filing campaign statements or reports electronically, as
described in subsection (1).
(3)
The electronic filing advisory board is created within the
department
of state. The board shall consist of the following
members:
(a)
One member of the senate appointed by the senate majority
leader.
(b)
One member of the senate appointed by the senate minority
leader.
(c)
One member of the house of representatives appointed by
the
speaker of the house.
(d)
One member of the house of representatives appointed by
the
house minority leader.
(e)
The secretary of state or his or her designee.
(4)
The members first appointed to the board shall be
appointed
within 60 days after the effective date of this section.
Members
of the board shall serve for the life of the board.
(5)
If a member of the board appointed under subsection
(3)(a),
(b), (c), or (d) vacates his or her office as a member of
the
board, a successor shall be appointed in the same manner as the
vacating
member was appointed.
(6)
A member of the board appointed under subsection (3)(a),
(b),
(c), or (d) may be removed from office as a member of the
board
by the officer who appointed him or her, for incompetency,
dereliction
of duty, malfeasance, misfeasance, or nonfeasance in
office,
or any other good cause.
(7)
The first meeting of the board shall be called by the
secretary
of state. At the first meeting, the board shall elect
from
among its members a chairperson and other officers as it
considers
necessary or appropriate. After the first meeting, the
board
shall meet at least quarterly, or more frequently at the call
of
the chairperson or if requested by 2 or more members.
(8)
A majority of the members of the board constitute a quorum
for
the transaction of business at a meeting of the board. A
majority
of the members present and serving are required for
official
action of the board.
(9)
The business that the board may perform shall be conducted
at
a public meeting of the board held in compliance with the open
meetings
act, 1976 PA 267, MCL 15.261 to 15.275.
(10)
A writing prepared, owned, used, in the possession of, or
retained
by the board in the performance of an official function is
subject
to the freedom of information act, 1976 PA 442, MCL 15.231
to
15.246.
(11)
Members of the board shall serve without compensation.
However,
members of the board may be reimbursed for their actual
and
necessary expenses incurred in the performance of their
official
duties as members of the board.
(12)
The department of state shall provide staff for the
board.
(13)
The board shall do all of the following:
(a)
Monitor the voluntary electronic filing of campaign
statements
under subsection (2) in the 2000 and 2002 election cycle
by
candidate committees that received or expended more than
$20,000.00
in the preceding election cycle.
(b)
Monitor the internet disclosure of electronically filed
campaign
statements described in subdivision (a).
(c)
By February 1, 2003, prepare and submit to members of the
legislature
a report on the effectiveness and ease of use of the
electronic
filing and internet disclosure system.
(14)
The board is dissolved 60 days after issuing the report
under
subsection (13).
(3) (15)
Beginning with the annual campaign statement due
January 31, 2004, each Each
committee required to file with the
secretary of state that received or expended $20,000.00 or more in
the preceding calendar year or expects to receive or expend
$20,000.00 or more in the current calendar year shall
electronically file all statements and reports required under this
act, as described in subsection (1).
(4) (16)
If a committee was is not
required to file a
campaign
statement under subsection (15)
(3) only because it did
not
meet and does not expect to meet the applicable threshold
thresholds of receiving or expending $20,000.00 or more, but the
committee
later reaches that threshold later in the calendar year,
the committee shall notify the secretary of state within 10
business days after reaching that threshold and shall subsequently
file electronically all statements and reports required under this
act.
(5) (17)
The secretary of state shall permit a committee to
electronically file statements and reports required under this act,
as described in subsection (1), except an original statement of
organization, after the committee treasurer and, for a candidate
committee, the candidate has signed and filed a form designed by
the secretary of state to serve as the signature verifying the
accuracy and completeness of each statement or report filed
electronically.
Sec. 36. (1) A candidate committee for a state elective office
or a judicial office shall file a copy of the campaign statement
required under this act with the secretary of state. The secretary
of state shall reproduce the copy and transmit the reproduction to
the clerk of the county of residence of the candidate.
(2) A ballot question committee supporting or opposing a
statewide ballot question shall file a copy of the campaign
statement required under this act with the secretary of state and
with the clerk of the most populous county in the state. A ballot
question committee supporting or opposing a ballot question to be
voted upon in more than 1 county, but not statewide, shall file a
copy of the campaign statement required under this act with the
clerk of the county in which the greatest number of registered
voters eligible to vote on the ballot question reside. A ballot
question committee supporting or opposing a ballot question to be
voted upon within a single county shall file a copy of the campaign
statement required under this act only with the clerk of that
county.
(3) A political party committee shall file a copy of the
campaign statement required under this act with the secretary of
state. The secretary of state shall reproduce a copy of the
campaign statement of a political party committee that is a county
committee and file the copy with the clerk of the county where the
county committee operates.
(4) A committee supporting or opposing a candidate for local
elective office, if the office is to be voted on in more than 1
county but not statewide, shall file a copy of the campaign
statement required under this act with the clerk of the county in
which the greatest number of registered voters eligible to vote on
the office reside.
(5) A committee not covered under subsection (1), (2), (3), or
(4) shall file a copy of the campaign statement required under this
act with the secretary of state, except that a committee reporting
contributions or expenditures for a candidate within only 1 county
shall file a statement only with the clerk of that county.
(6) A local unit of government that receives copies of
campaign statements under this section shall make the statements
available for public inspection and reproduction during regular
business hours of the local unit of government. The local unit of
government shall make the statements available as soon as
practicable after receipt, but not later than the third business
day following the day on which they are received.
(7) A local unit of government that receives a campaign
statement from a candidate for local elective office under this
section shall transmit the statement to the secretary of state so
that the secretary of state may disclose the statement on the
internet under section 18.