Michigan Office of Administrative Hearings and Rules

Administrative Rules Division (ARD)

MOAHR-Rules@michigan.gov

REQUEST FOR RULEMAKING (RFR)

1. Department:

State

2. Bureau:

Elections & Campaign Finance

3. Promulgation type:

Full Process

4. Title of proposed rule set:

Campaign Finance Committees

5. Rule numbers or rule set range of numbers:

R 168.301 - R 168.349

6. Estimated time frame:

6 months

Name of person filling out RFR:

Alessa Boes

Email of person filling out RFR:

BoesA@michigan.gov

Phone number of person filling out RFR:

517-599-3410

Address of person filling out RFR:

430 W. Allegan St Lansing, MI 48918

7. Describe the general purpose of these rules, including any problems the changes are intended

to address.

The most recent update to these rules was in 1997, and many have not been updated since 1979.

Campaign financing has changed substantially in that time. While many of those changes are

reflected in the Michigan Campaign Finance Act (MCFA), the MCFAs silent on certain topics and

requires Administrative Rules to fill the gap. In an effort to make the Rules easier to navigate for filers

and easier to amend if needed, the six parts of the current Campaign Financing ruleset will be split

into six rulesets, each targeted to a specific topic. This rule set will address campaign finance

committees, and will modernize the existing committee rules to align them with current practice and

policy as well as address issues that are not fully addressed by the MCFA, such as treasurer

vacanices, filing obligations, and dissolution of committees and disposition of committee assets under

various circumstances.

8. Please cite the specific promulgation authority for the rules (i.e., department director,

commission, board, etc.).

The Secretary of State. MCL 169.215; MCL 169.224(7)

A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).

MCL 169.215; MCL 169.224(7).

B. Are the rules mandated by any applicable constitutional or statutory provision? If so,

please explain.

Yes, MCL 169.215(1)(e) says: “The secretary of state shall do all of the following: . . .

Promulgate rules . . . in accordance with the administrative procedures act of 1969, 1969 PA

306, MCL 24.201 to 24.328.”

MCL 169.224(7) says: Upon the dissolution of a committee, the committee shall file a statement

MCL 24.239

RFR-Page 2

indicating dissolution with the filing officials with whom the committee's statement of

organization was filed. Dissolution of a committee must be accomplished pursuant to rules

promulgated by the secretary of state under the administrative procedures act of 1969, 1969

PA 306, MCL 24.201 to 24.328."

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?

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, compliance requirements, or other standards

adopted at the state, regional, or federal level.

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.

This is a new rule set. However, it does incorporate existing rules by moving them into a standalone

rule set and updating them. The last time the rules relevant to this new rule set were amended was in

1997, and many have not been updated since 1979. Campaign financing has changed substantially

in that time; specifically, there is new technology for online filing and there have been many legal

changes in the area of campaign financing. The rules will account for new processes necessitated by

new committee filing technology. The rules will also 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.

Based on the information provided in this RFR, MOAHR concludes that there are sufficient policy and legal

bases for approving the RFR. The RFR satisfies the requirements of the administrative procedures act of

1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive Reorganization Order No. 2019-1, MCL 324.99923.

MCL 24.239