Campaign finance requirements for Michigan judicial elections
Contents |
The Michigan Secretary of State is responsible for enforcing the campaign finance laws listed under the Michigan Campaign Finance Act of 1976. The Michigan Secretary of State has a disclosure database to record financial activity for judicial candidate committees.
If any person feels someone violated Michigan campaign finance law, the first step is to file a complaint with the Michigan Secretary of State. The Secretary of State is responsible for investigating campaign finance violations. Once a complaint is received, it is up to the Secretary of State to 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 Michigan Attorney General[1].
General requirements
Candidate
Any person who runs for a judicial position in Michigan is designated to be a candidate[3].
Candidate committee
A candidate committee is defined under Michigan law as a committee designated in the candidate's Statement of Organization. The committee is formed after a judge announces his candidacy[4].
Statement of Organization
A candidate's committee must file a Statement of Organization within 10 days of first forming the committee[5].
Treasurer requirement
All candidate committees must have a treasurer who is qualified to vote in an Michigan election. The candidate may appoint himself or herself as treasurer[6].
Campaign finance requirements
Corporate/labor union contributions
Corporations and labor unions in the State of Michigan are banned from donating to judicial campaigns[7].
Contribution limits
Under Michigan law, all donations to candidates for the Michigan Supreme Court are limited to $3,400 for individuals and political action committees. Independent and caucus PAC's, and local and regional party organizations have a $34,000 contribution limit while state party organizations are limited to $68,000[8].
All donations to candidates for the Michigan Court of Appeals are limited to $3,400 for individuals and political action committees. Independent PAC's along with local, regional, and state party organizations are limited to $34,000[9].
For lower level courts, the contribution limits differ according to the population of the judicial district[9].
Mandatory electronic filing
All registered candidate committees in Michigan must file their campaign finance reports electronically[10].
Prohibited Contributions
Michigan law bans the contributions from the following sources:
- Anonymous contributions[11].
- Contributions of $20 or more made in cash/coins[12].
- Foreign nationals[13].
- Individuals who have a stake in a casino/gaming establishment[14].
Reporting requirements and reports
Michigan uses a periodic reporting system requiring two disclosure reports for the general and the primary elections along with an annual report. All reports are due by 5:00 PM-Eastern Time on the due date.
Pre-primary report
The pre-primary report is considered to be the first campaign finance report for a judicial candidate. For the 2010 primary election, the report covers all financial activity from January 1 to July 18, 2010. The report is due on July 23, 2010[15].
Post-primary report
The post-primary report is the second campaign finance report for a judicial candidate. For the 2010 primary election, this covers all campaign finance activity from July 19 to August 23, 2010. The report is due on September 2, 2010[15].
Pre-general report
The pre-general report is the third campaign finance report. This report covers all campaign finance activity from August 24 to October 17, 2010. The report is due on October 22, 2010[15].
Post-general report
The post-general report is the fourth and final periodic campaign finance report. This report covers all campaign finance activity from October 18 to November 22, 2010. The report is due on December 2, 2010[15].
Annual report
Michigan also requires campaigns to file an annual report. An annual report is a cumulative report covering all activity from January 1 to December 31, 2010. The report is due on January 31, 2011[16].
Campaign advertising restrictions
Print advertisements including billboards, placards, posters, pamphlets, or other printed material must disclose who paid for the printed material[17]. All broadcast advertisements (television, radio) must disclose who paid for the ad and must state on the advertisement: "Authorized by: (name of candidate or committee)[18].
Terminating a committee
A candidate committee may dissolve once it expects to make or spend less than $1,000 in contributions or expenditures.[19]
Once a candidate committee is dissolved, all campaign finance documents must remain on file for five years[20].
External links
- Michigan Secretary of State-Elections Division
- Michigan Campaign Finance Laws
- Michigan Campaign Finance Database
- 2010 Michigan Ballot Question Committee campaign finance manual
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 Statue 169.203(1), Michigan Code)
- ↑ Michigan Legislature "Michigan Campaign Finance Act of 1976"(Referenced Statue 169.203(2), Michigan Code)
- ↑ Michigan Legislature" "Michigan Campaign Financing Act of 1976"(Referenced Statute 169.224(1))
- ↑ http://www.legislature.mi.gov/%28S%28zcgpyx45yi51bs555opqpb45%29%29/mileg.aspx?page=getObject&objectName=mcl-169-221 Michigan Legislature" "Michigan Campaign Financing Act of 1976"](Referenced Statute 169.221(1)-(2))
- ↑ Justia "Michigan Campaign Finance Act of 1976"(Referenced Statute 169.254(1), Michigan Code)
- ↑ Michigan Secretary of State "Campaign Contribution Limits Chart-State Races"(See Supreme Court)
- ↑ 9.0 9.1 Michigan Secretary of State "Campaign Contribution Limits Chart=-Local Races"(See Judicial Offices)
- ↑ 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))
- ↑ 15.0 15.1 15.2 15.3 Michigan Secretary of State "2010 Campaign Statement Filing Deadlines-Candidate Committees", December 28, 2009(See Page 2)
- ↑ Michigan Secretary of State "2010 Campaign Finance Reporting Dates to Remember"
- ↑ 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)(a) and (b))
- ↑ 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))
| ||||||||
