Bill Text: MI HB4423 | 2019-2020 | 100th Legislature | Introduced

---

Bill Title: Campaign finance: public disclosure; address requirement on campaign material; remove. Amends sec. 47 of 1976 PA 388 (MCL 169.247).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-04-09 - Bill Electronically Reproduced 04/09/2019 [HB4423 Detail]

Download: Michigan-2019-HB4423-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4423

 

 

March 21, 2019, Introduced by Reps. Berman, Bolden, Mueller, LaFave, LaGrand and Robinson and referred to the Committee on Elections and Ethics.

 

      A bill to amend 1976 PA 388, entitled

 

"Michigan campaign finance act,"

 

by amending section 47 (MCL 169.247), as amended by 2015 PA 269.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 47. (1) Except as otherwise provided in this subsection

 

 2  and subject to subsections (3) and (4), a billboard, placard,

 

 3  poster, pamphlet, or other printed matter having reference to an

 

 4  election, a candidate, or a ballot question, shall bear upon it an

 

 5  identification that contains the name and address of the person

 

 6  paying for the matter. Except as otherwise provided in this

 

 7  subsection and subsection (5) and subject to subsections (3) and

 

 8  (4), if the printed matter relating to a candidate is an

 

 9  independent expenditure that is not authorized in writing by the

 

10  candidate committee of that candidate, in addition to the

 

 1  identification required under this subsection, the printed matter

 

 2  shall contain the following disclaimer: "Not authorized by any

 

 3  candidate committee". An individual other than a candidate is not

 

 4  subject to this subsection if the individual is acting

 

 5  independently and not acting as an agent for a candidate or any

 

 6  committee. This subsection does not apply to communications between

 

 7  a separate segregated fund established under section 55 and

 

 8  individuals who can be solicited for contributions to that separate

 

 9  segregated fund under section 55.

 

10        (2) A radio or television paid advertisement having reference

 

11  to an election, a candidate, or a ballot question shall identify

 

12  the sponsoring person as required by the Federal Communications

 

13  Commission, bear an identification that contains the name of the

 

14  person paying for the advertisement, and be in compliance with

 

15  subsection (3) and, except as otherwise provided by subsection (5),

 

16  with the following:

 

17        (a) If the radio or television paid advertisement relates to a

 

18  candidate and is an independent expenditure, the advertisement

 

19  shall contain the following disclaimer: "Not authorized by any

 

20  candidate".

 

21        (b) If the radio or television paid advertisement relates to a

 

22  candidate and is not an independent expenditure but is paid for by

 

23  a person other than the candidate to which it is related, the

 

24  advertisement shall contain the following disclaimer:

 

 

25	"Authorized by.............................................".
26	(name of candidate or name of candidate committee)

 

 

 1        (3) The size and placement of an identification or disclaimer

 

 2  required by this section shall be determined by rules promulgated

 

 3  by the secretary of state. The rules may exempt printed matter and

 

 4  certain other items such as campaign buttons or balloons, the size

 

 5  of which makes it unreasonable to add an identification or

 

 6  disclaimer, from the identification or disclaimer required by this

 

 7  section.

 

 8        (4) Except for a communication described in subsection (5) and

 

 9  except for a candidate committee's printed matter or radio or

 

10  television paid advertisements, each identification required by

 

11  this section shall also indicate that the printed matter or radio

 

12  or television paid advertisement is paid for "with regulated

 

13  funds". Printed matter or a radio or television paid advertisement

 

14  that is not subject to this act shall not bear the statement

 

15  required by this subsection.

 

16        (5) A communication otherwise entirely exempted from this act

 

17  under section 6(2)(j) is subject to both of the following:

 

18        (a) Must contain the identification required by subsection

 

19  (1), (2), or (7) if that communication references a clearly

 

20  identified candidate or ballot question within 60 days before a

 

21  general election or 30 days before a primary election in which the

 

22  candidate or ballot question appears on a ballot and is targeted to

 

23  the relevant electorate where the candidate or ballot question

 

24  appears on the ballot by means of radio, television, mass mailing,

 

25  or prerecorded telephone message.

 

26        (b) Is not required to contain the disclaimer required by

 

27  subsection (1) or (2).

 1        (6) A person who knowingly violates this section is guilty of

 

 2  a misdemeanor punishable by a fine of not more than $1,000.00, or

 

 3  imprisonment for not more than 93 days, or both.

 

 4        (7) A prerecorded telephone message that in express terms

 

 5  advocates the election or defeat of a clearly identified candidate,

 

 6  or the qualification, passage, or defeat of a ballot question,

 

 7  shall bear an identification that contains must include the name,

 

 8  and may include the telephone number, address, or other contact

 

 9  information, of the person paying for the prerecorded telephone

 

10  message, and shall be in compliance with subsection (4). A

 

11  prerecorded telephone message subject to this subsection is not

 

12  required to contain a disclaimer.