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Michigan Campaign Finance Act.

Campaign Finance Administrative Rules. The Department declines to conclude that, in your words, "MCL The MCFA plainly bars all persons from making expending contributions in anonymity. With respect to your request that the Department to refrain from referring you to the Attorney Prizes Casino Zollverein Map Of The World for prosecution based on the facts that stated in your letter, please be advised that MCFA enforcement matters are governed by MCL The MCFA's prohibition against using public resources to make a contribution or expenditure includes a number of important exceptions that recognize the societal benefit of inviting public discussion of issues confronting government agencies and public officials, thus enabling voters to make informed decisions based on an official's expression of views or factual information concerning government operations.

The City Council's discussion and adoption of a resolution expressing support for Proposalits hosting of a forum to discuss personal property tax reform and other issues including business recruitment and worker training, and the Mayor's favorable comments regarding Proposal made during a City Council meeting fall squarely within the exceptions of MCL Many of the Act's provisions apply to a "person," which is defined to include, "a business, individual The word "business" includes, among other things, a trust.

Therefore the MCFA authorizes a trust to make a contribution, including a loan, to a candidate committee. Although the MCFA authorizes a trust to make contributions to candidates, a trust specifically excludes a conservatorship. Further, under EPIC, the enumerated powers and duties of guardians and conservators do not include making contributions.

Thus, the Department concludes that a conservatorship is prohibited from making a contribution under the MCFA. If a committee knows that is has received a contribution from a conservatorship, it should refund the contribution. A committee is not authorized to retain a Casino Political Action Committee Defined Pension Plan from a prohibited source The Department has consistently advocated for transparency through disclosure.

The Department maintains that any change in policy regarding the issue of disclosing payments for electioneering communications that are the functional equivalent of express advocacy cannot be accomplished through the declaratory ruling or interpretive statement process, but must be addressed by the Legislature or through the administrative rule-making process The Michigan Legislature has not enacted amendments to the MCFA to establish independent expenditure political committees Super PACs or expand the definition of "independent expenditure" to include coordinated activity, under Citizens United and Michigan Chamber of Commerce, the Department must refer to federal law when considering the extent to which the MCFA governs the activities of independent expenditure political committees.

In order to ensure compliance with the MCFA, bundled contributions must not be deposited into a bank account owned or controlled by ActRight Michigan. The MCFA applies to the contributions received and expenditures made for recall activities associated with a clarity hearing, such as the costs incurred in drafting and preparing the recall petition or attending or participating in such hearing.

Legal fees paid or incurred for the purposes or prosecuting or defending such a lawsuit are regulated under the MCFA Since the MCFA is silent on the method of filing campaign statements with the county clerk, a county may pass an ordinance that specifies the method. It is the Department's opinion that the method for the filing may include electronic filing, but the requirements triggering the electronic filing must not Casino Political Action Committee Defined Pension Plan more restrictive than the provisions contained in the MCFA The political committee is the only mechanism available for reporting the corporation's independent expenditures for the political speech permitted under Citizens United.

The limited impact of Citizens United under the MCFA is that it allows a corporation to make and report independent expenditures by engaging in political speech and be funded exclusively by that corporation. A filer will comply with the Act's reporting requirements by filing a campaign statement consisting of a cover page, a summary page, Schedule 2B-1 Itemized Independent Expenditures and Schedule 2A-1 Itemized Other Receipts.

The latter schedule would report expenditures made during that reporting period. Section 42 2 prohibits acceptance of certain contributions unless accompanied by a certified statement which, among other things, states that the contribution from the out-of-state contributor "was not made from an account containing funds prohibited by section The MCFA does not permit contributions from those entities.

Political Action Committee=PAC

The general treasury funds of a corporation, labor union, or domestic dependent sovereign may be used to make contributions to a political committee which is organized exclusively for the purpose of making independent expenditures that are not in any way directly or indirectly "coordinated" with a candidate, candidate committee, political party, or political party committee.

A candidate workshop is governed by the Act only if the constitutes a contribution to a candidate or an expenditure the sponsoring organization. In making this determination, the Department will take into account the extent to which a candidate workshop furnishes generic campaign information, and consider whether the sponsoring organization has engaged in express advocacy or sought to persuade attendees to adopt certain policy positions It is reasonable to presume that compensation paid by the recipient charitable organization to a candidate's spouse or dependent child will always benefit the candidate, whether the benefit derived by the candidate is direct or indirect.

In these circumstances, the candidate may not transfer unexpended funds to that charitable organization. On the other hand, it is possible that Jack Of Hearts Casino Zombies Chronicles Maps candidate would not benefit from compensation paid to a non-dependent child or to a child who does not reside in the same household as the candidate.

The transfer of unexpended funds could be allowed depending upon the specific fact of each case To qualify as such an ordinary and necessary business expense, the source of the charge or the character of the conduct from which the charge stems must arise in the course of carrying out the business of being a public official. Expenses incurred to defend against charges that originate from personal activity unrelated to performing the functions of the public official's office will not so qualify An idea has evolved into a ballot question when the proponents undertake any action that is reasonably Casino Political Action Committee Defined Pension Plan to result in the qualification and passage of a ballot question.

The proponents make an expenditure to the extent that their preliminary activity directly influences or attempts to influence the qualification of the ballot question or the outcome of an election regarding that question.

See AG Opinion above The officeholder must demonstrate to the satisfaction of the designated filing official that payment of such expenses from his or her candidate committee's funds is proper.

Uncorrected errors or omissions are reported to the Attorney General.

In support of a claim that an expenditure is an incidental expense, the filing official ought to require the officeholder to submit documentation supporting is or her position. Such evidence should include a statement from the Internal Revenue Service indicating that the legal fees at issue constitute "an ordinary and necessary expense, as described in … 26 USCpaid or incurred in carrying out the.

A donation from a Candidate Committee to the Michigan Political History Society MPHS may be expenditure if the committee can demonstrate an identifiable, tangible benefit that advances the candidate's nomination or election.

ActBlue cannot operate in Michigan as a bundling committee; act as an intermediary for the collection and delivery of contributions and earmark contributions for specific candidates.

A school district is prohibited by section 57 from using public resources to make deductions from employees' wages to facilitate contributions to the MEA-PAC, regardless of the MEA's offer to pay the costs of the payroll deduction plan before any contributions are collected.

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The advance payment of the school district's cost is not specifically authorized by the MCFA, and the AG has opined that such prepayment cannot cure the violation of section The Department's prior ISs and DRs emphasize the necessity of prohibiting public bodies from engaging in campaign activities to preserve government neutrality in elections. A school district is prohibited by section 57 of the MCFA from administering a payroll deduction plan for the collection and remittance of political contributions to the MEA-PAC and the MEA-PAC's offer to reimburse the school district for costs incurred in the operation of such a plan does not purge the violation.

The Department offers no opinion concerning the school district's legal authority to execute a collective bargaining agreement containing such terms. A Ballot Question Committee may expend any portion of its remaining account balance for the payment of legal fees incurred in defense of the committee.

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Since the MCFA restricts the use of unexpended funds of a candidate committee and does not impose any such restrictions on other committees, then it can be concluded that a committee other than a candidate committee can disperse its remaining funds in any legal manner. Legal fees that are incurred "in assistance of, or in opposition to the qualification, passage or defeat of a ballot question" must be treated as expenditures and reported in accordance with the MCFA.

A corporation is authorized to make an expenditure for administrative costs incurred in the operation of a payroll deduction plan on behalf of a labor organization's separate segregated fund SSFprovided that the corporation receives timely, complete reimbursement for the actual amount of its expenditure. Methods for calculating corporate costs incurred in the collection of contributions for a labor union's SSF and the time limit for repayment depend on the nature of the corporation's business.

A labor organization's failure to remit timely payment of the expenditure of corporate assets must result in the suspension of the payroll deduction plan.

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Nothing Casino Political Action Committee Defined Pension Plan the MCFA compels a corporation that operates a payroll deduction plan for contributions to its own SSF to offer the same opportunity to a labor organization. However, a corporation that voluntarily elects to finance the administrative expenses of a labor organization's SSF assumes an affirmative duty to comply with the MCFA by making an accurate calculation of its costs and obtaining full reimbursement of its expenses in a timely manner It is imperative to maintain strict government neutrality in elections in order to protect the integrity of the democratic process.

State and local units of government and their elected officials and employees, share a heightened duty to safeguard public resources from misuse for political purposes. The MCFA is only one part of the state's comprehensive statutory scheme that prohibits a public body from participating in political campaigns. A public body that administers a payroll deduction plan on behalf of a separate segregated fund SSF violates the MCFA and runs afoul of this sound public policy A payroll deduction plan in the state classified civil service under which state personnel and other resources are used to record, collect and disburse employee contributions to a PAC would violate section 57 even if the Union offers to reimburse the State.

Section 57 would not preclude the Civil Service Commission from approving a collective bargaining agreement that would require the State to administer such a plan If a corporation through a payroll deduction system transfers anything of ascertainable monetary value for goods, materials, services or facilities to a committee other than its own SSF, it has made an expenditure that is prohibited by Section If the value of the goods can be ascertained and the corporation is reimbursed, there is no corporate expenditure because there is no transfer of value A public body that violates section 57 or the MCFA may be prosecuted for violating the law but is not required to register as a committee.

This is consistent with the Department's interpretation of the MCFA for other entities that are prohibited from making contributions such as corporations. Communications of a public body are subject to the express advocacy test. A public official may not use public resources to disseminate an opinion with express advocacy that would be considered a violation of the MCFA such as mass email.

A public body may not create and maintain links to web sites that expressly support of or oppose candidates or ballot questions if the body does so for the purpose of influencing the outcome of an election. Any broadcast or publication that is not produced in the regular course of publication falls outside the exemption of section After a review of the Mconnell and Anderson cases, the department does not believe it has the authority to regulate issue ads.

In determining which communications are subject to the MCFA, the department will continue to apply the express advocacy standard An example would Jack Of Hearts Casino M8trix Opening Ceremony a candidate committee that creates a proposed communication and gives it to an independent committee.

If that independent committee then produced a communication that was substantially similar to the proposed communication it would have been made at the direction of the candidate committee. A candidate committee's ability to terminate a potential expenditure, or a communication resulting from an expenditure would constitute control The Act does not govern the activities of persons, including political parties, whose activities cannot be defined as contributions or expenditures.

The Act does not apply to MRSC's odd-year state conventions, presidential-year spring conventions, meetings, or conferences. Rule 39 d requires the annual affirmative consent forms to be in "writing", but fails to define it. The UESA makes the definition unnecessary as it authorizes the use of electronic signatures between parties.

BluesPac and other committees will have to determine whether their record system complies with the UESA The Department would not consider the employment of a vendor or agent that also works for a candidate committee to be per se evidence of direction or control by the committee.

Our reading of both Michigan and federal law indicates that we do not have the authority to regulate ads that do not contain words of express advocacy. Because the communication itself may not be regulated, the Department also does not have the authority to investigate whether a candidate has directed or controlled an issue ad Contributions that are sent directly to the candidate are not bundled.

It is the opinion of Michigan's Attorney General that section 7b of the Michigan Gaming Control and Revenue Act prohibits an officer or managerial employee of a casino, a casino enterprise, or of a licensed casino supplier from making a contribution to an independent committee operated by a professional organization to which the officer or employee belongs.

It is the opinion of Michigan's Attorney General that an independent committee that receives a contribution prohibited by section 7b of the Michigan Gaming Control and Revenue Act is not subject to a penalty for failure to return the contribution unless the committee first receives a notice from the Secretary of State in accordance with section 30 of the Michigan Campaign Finance Act Political activities by casino licensees and other persons.

In applying the Campaign Finance Act's definition of "contribution" to sections 7b 4 and 5 of the Gaming Act, it is clear that political activities such as endorsing a political candidate, allowing one's name to be used in campaign literature, or serving as a member of a candidate committee do not violate section 7b of the Gaming Act so long as those services are provided "without compensation. Section 7b of the Michigan Gaming Control and Revenue Act does not prohibit casino licensees and other persons subject to that section from engaging in political activities on behalf of a political candidate or candidate committee.

Such activities do not constitute a "contribution" as defined by section 4 of the Campaign Finance Act It is the opinion of Michigan's Attorney General, that the Michigan Municipal League, a nonprofit corporation, may, consistent with the requirements of the Michigan Campaign Finance Act, spend its corporate funds to support or oppose a ballot question The mere act of voting on a resolution that encompasses matters at a meeting does not constitute a misuse of public resources within the meaning of section 57 1.

Similarly, a public body Casino Political Action Committee Defined Pension Plan record that resolution in the meeting minutes, as required by the Open Meetings Act, and produce or disseminate copies of those minutes by a newspaper, magazine, or other periodical or publication in the regular course of publication, as authorized by section 57 1 c.

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