Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
[email protected]  
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 State Campaign Fund  
5. Rule numbers or rule set range of numbers:  
R 168.401 - R 168.449  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Alessa Boes  
E-mail 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.  
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 multiple rulesets, each targeted  
to a specific topic. This ruleset will address state campaign funding for gubernatorial candidates  
who elect to use public funding. It will modernize the existing rules for this area to align them  
with current practice and policy. It will also address issues that are not fully addressed by the  
MCFA, such as switching back and forth between wanting to accept public funding and not.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
The secretary of state. MCL 169.215.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 169.215 (general authority)  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
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.  
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.  
MCL 24.239  
RFR-Page 2  
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?  
In part, the proposed rules seek to codify current department guidance published online as well as  
in declaratory rulings and interpretive statements addressing state campaign funding.  
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, 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.  
The Department is rescinding the portion of the campaign financing administrative rules that deal  
with this subject area and promulgating these rules as a new ruleset. Other than the two rulesets  
already proceeding through the rulemaking process, the last time the existing rules were amended  
was 2000.  
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  
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  
Order No. 2019-6.  
MCL 24.239  
;