RFR-Page 2
Yes. MCL 169.215 provides: The secretary of state shall do all of the following: (e) Promulgate
rules and issue declaratory rulings to implement this act in accordance with the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. MCL 169.223 and 169.247 also
mandate rule promulgation in certain circumstances, although those circumstances will not be
addressed in this ruleset and will instead be addressed in the other campaign finance rulesets
to be promulgated.
9. Please describe the extent to which the rules conflict with or duplicate similar rules,
compliance requirements, or other standards adopted at the state, regional, or federal level.
The rules do not conflict with or duplicate similar rules, compliance requirements, or standards
adopted at the state, regional, or federal level.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
The proposed rules would seek to codify parts of the Committee manuals and appendices that
currently serve as guidance from the Department, as well as declaratory rulings and interpretive
statements on questions of campaign finance.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed for
the current year?
No.
12. Will the proposed rules be promulgated under Section 44 of the administrative procedures act
of 1969, 1969 PA 306, MCL 24.244, or under the full rulemaking process?
Full Process
13. Please describe the extent to which the rules exceed similar regulations, compliance
requirements, or other standards adopted at the state, regional, or federal level.
The rules do not exceed any similar regulations, requirements, or standards.
14. Do the rules incorporate the recommendations received from the public regarding any
complaints or comments regarding the rules? If yes, please explain.
Yes. The Department is promulgating these rules in response to public requests to have updated
rules align more closely with the Michigan Campaign Finance Act and expand on aspects where the
MCFA is silent.
15. If amending an existing rule set, please provide the date of the last evaluation of the rules and
the degree, if any, to which technology, economic conditions, or other factors have changed
the regulatory activity covered by the rules since the last evaluation.
We are rescinding the portion of Administrative Rules that deals with this subject area and
promulgating it as a new ruleset. The last time the existing rules were amended was 2000. Several
intervening campaign finance-related changes have occurred in the interim. In 2002, the Bipartisan
Campaign Reform Act of 2002 (also known as BRCA or the McCain-Feingold Act), which sought to
limit certain contributions, was enacted. In 2010, the U.S. Supreme Court in Citizens United v.
Federal Election Commission overturned BRCA. Independent expenditure committees, also known
as SuperPACs, were added to the MCFA in 2017, changing many of the rules regarding allowable
contributions and coordination. Additionally, the process of reporting and reviewing campaign finance
contributions and expenditures has become more automated in the intervening years, and the rules
will account for new processes necessitated by that automation. The Rules take into account the
many state and federal changes that impact the regulation of campaign financing.
16. Are there any changes or developments since implementation that demonstrate there is no
continued need for the rules, or any portion of the rules?
The proposed rules are a new ruleset and do not amend existing rules.
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL
24.239(2))? If so, please attach the decision record.
No
MCL 24.239