Campaign finance requirements for Michigan ballot measures
If someone feels a person or committee violated Michigan campaign finance laws, the first step is to file a complaint with the Secretary of State. The Secretary of State is responsible for investigating campaign finance violations. Once a complaint is received, the Secretary of State must resolve the manner in the best way possible without court action[1]. If there is no resolution, the Secretary of State can render civil judgment against a campaign through an administrative hearing[2]. If any complaint involves an alleged criminal law violation, the complaint is referred to the Attorney General[1].
General requirements
Ballot question committee
Michigan law designates all groups in support or opposition of a ballot measure in Michigan as a ballot question committee[3].
Committee designation
Any person in support or opposition of a ballot question in Michigan and makes expenditures or receives contributions of $500 or more to influence a referendum is considered to be a committee[4].
Statement of organization
All groups in support or opposition of a ballot measure must file a Statement of Organization with the Michigan Secretary of State within ten days of forming a committee[5].
Campaign finance requirements
Corporate/labor union contributions
All corporations and labor unions are allowed to donate to ballot question committees in Michigan. Corporations and labor unions are prohibited from donating to candidates and candidate committee[6].
Expenditures
All ballot question committees must use checks to make any expenditures over $50. A campaign may maintain a petty cash fund for expenditures under $50[7].
Independent expenditures
Ballot question committees may use independent expenditure groups to fund certain functions of the campaign including advertising. There are no limits on how much money can be spent through an independent expenditure. However, if a independent contractor or a consultant makes an expenditure on a committees behalf, the expenditures must be reported with all other campaign finance activity[8].
Mandatory electronic filing
All groups that are organized at the statewide level in support or opposition of a ballot measure must file their campaign finance reports electronically[9].
Prohibited contributions
Under Michigan law, ballot question committees are prohibited from accepting the following types of contributions:
- Anonymous contributions[10].
- Contributions of $20 or more made in cash/coins[11].
- Foreign nationals[12].
- Persons that have a financial stake in a casino or other gambling establishment[13].
Reporting requirements and reports
Michigan is different from other states as the reporting requirements and reports are different for ballot measure committees from other campaigns. The Secretary of State's Office uses a tri-annual reporting system and requires campaigns to file different forms for contributions, independent expenditures, in-kind contributions, and outstanding debt.
Schedule 4-A-Itemized contributions
Schedule 4-A is the basic campaign finance reporting form in which lists all contributions made to a ballot question committee. This includes the contributor's name, address, city, state, zip, phone number, and occupation[14].
Schedule 4-A-1-Itemized contributions
Schedule 4-A-1 is a schedule used to report financial data that is not contributions to a ballot question committee. This includes bank loans, interest and refunded contributions[14].
Schedule 4-IK-In-kind contributions
Schedule 4-IK lists all in-kind contributions made to a ballot question committee in Michigan. This lists all contributions of loans, goods, services, and facilities to a ballot question committee. Also, if any person gives more than $100.00 in in-kind contributions, their contact information along with their employment information must be disclosed[14].
Schedule 4-B-Itemized expenditures
Schedule 4-B lists all expenditures made by a ballot question committee[14].
Schedule 4-B-1 Itemized independent expenditures
Schedule 4-B-1 lists all independent expenditures made towards the committee supporting or opposing a ballot question. An independent expenditure is funded by a group outside of a ballot question committee[14].
Schedule 4B-2-In-kind expenditures
Schedule 4B-2 is a form that is required to report in-kind expenditures made to a ballot question committee[14].
Schedule 4E-Outstanding debts
Schedule 4E is a required form to report all outstanding debts for ballot question committees in Michigan[14].
Schedule B-G-Get out the vote
Michigan requires all ballot question committees to disclose how much money is spent for the specific purpose of get out the vote activities. This report requires campaigns to report how much is spent for:
- Election day transportation of voters to the polls.
- Print cards
- Challengers and poll watchers.
- Voter registration drives
- Election day phone banks.
- Election day literature[14].
28 day qualification report
If a committee failed to get a measure qualified on the ballot, a committee must file a report describing the campaign finance activity for the 28 day qualification period[15]. The report is due 35 days after a ballot measure committee first made its effort towards getting an initiative qualified.
Pre-election report
A ballot question committee must file a pre-election report which is due eleven days before election day. This reports covers all activity from the 36th day a measure has been on the ballot until sixteen days to go until election day[16].
Post-election report
The post-election report covers all activity from fifteen days before the election until twenty days after the election. The report is due thirty days after the election[17]. If all the campaign's financial liabilities are cleared, then the post-election report can be filed at any time before the 30 day deadline.
Annual report
The annual report is required for all campaigns including ballot measure committees in the State of Michigan. The report is a cumulative report from January 1, 2010 to December 31, 2010. The report is due on January 31, 2011[18].
Campaign advertising restrictions
All print advertisements including billboards, placards, posters, pamphlets, or other printed material must disclose who paid for the material. Also, if the print advertisement is paid through an independent expenditure, the person or group who paid the ad is exempted from disclosure requirements[19].
All broadcast advertising must identify the name of the person who paid for the ad, which is required under Federal Communications Commission policy[20]. This applies to ads paid by a candidate or through an independent expenditure.
Terminating a committee
A ballot measure committee can dissolve upon the expectation of not reaching the $1,000 threshold of making expenditures or receiving contributions[21]. Once a committee is dissolved, all campaign finance documents must remain on file for five years[22].
External links
- Michigan Secretary of State-Elections Division
- Michigan Campaign Finance Laws
- Michigan Campaign Finance Database
- 2010 Michigan Ballot Question Committee campaign finance manual
- Michigan Ballot Question Committee portal
- Campaign Disclosure Project
- Senate Fiscal Agency Overview of ballot measures
References
- ↑ 1.0 1.1 Michigan Legislature "Michigan Campaign Finance Act of 1976"(Referenced Statute 169.215(10))
- ↑ Michigan Legislature "Michigan Campaign Finance Act of 1976"(Referenced Statute 169.215(11))
- ↑ Michigan Legislature "Michigan Campaign Finance Act of 1976"(Referenced Statute 169.202(3))
- ↑ Michigan Legislature "Michigan Campaign Finance Act of 1976"(Referenced Statute 169.202(5))
- ↑ Michigan Legislature "Michigan Campaign Financing Act of 1976"(Referenced Statute 169.224(1))
- ↑ Justia Michigan Campaign Finance Act of 1976(Referenced Section 169.254(3))
- ↑ "Michigan Legislature" Michigan Campaign Finance Act of 1976(Referenced Section 169.223)
- ↑ Justia Michigan Campaign Finance Act of 1976(Referenced Section 169.243))
- ↑ Justia Michigan Campaign Finance Act of 1976(Referenced Section 169.218(3))
- ↑ Justia "Michigan Campaign Finance Act of 1976"(Referenced Section 169.241(1))
- ↑ Justia "Michigan Campaign Finance Act of 1976"(Referenced Section 169.241(2))
- ↑ Justia "Michigan Campaign Finance Act of 1976"(Referenced Section 169.254(2))
- ↑ Justia "Michigan Campaign Finance Act of 1976"(Referenced Section 169.230(1))
- ↑ 14.0 14.1 14.2 14.3 14.4 14.5 14.6 14.7 Michigan Secretary of State "Campaign Finance for Ballot Measure Groups"(See Page 3)
- ↑ Michigan Legislature "Michigan Campaign Finance Act of 1976"(Referenced Statute 169.234(2)
- ↑ Michigan Legislature "Michigan Campaign Finance Act of 1976"(Referenced Statute 169.234(1)(A))
- ↑ Michigan Legislature "Michigan Campaign Finance Act of 1976"(Referenced Statute 169.234(1)(B))
- ↑ Michigan Secretary of State "2010-2011 Campaign Finance Reporting Calendar"
- ↑ Michigan Legislature "Michigan Campaign Finance Act of 1976"(Referenced Section 169.247(1))
- ↑ Michigan Legislature "Michigan Campaign Finance Act of 1976"(Referenced Section 169.247(2))
- ↑ Michigan Legislature "Michigan Campaign Finance Act of 1976"(Referenced Statute 169.224 (6)-(7))
- ↑ Michigan Legislature "Michigan Campaign Finance Act of 1976"(Referenced Statute 169.224(1))
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