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 Complaints and Investigations  
5. Rule numbers or rule set range of numbers:  
R 168.451 to R 168.499  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Jenny McInerney  
E-mail of person filling out RFR:  
McInerneyJ1@michigan.gov  
Phone number of person filling out RFR:  
517-331-7825  
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 campaign finance complaints and the department’s  
investigation of those complaints. It will modernize the existing rules for those areas to align them  
with current practice and policy. It will also address issues that are not fully addressed by the  
MCFA, such as the test to determine whether a complainant has filed a false certificate under  
MCL 168.215.  
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.  
MCL 24.239  
RFR-Page 2  
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 guidance in the Department’s Campaign Finance and  
Financial Disclosure Complaint Guidebook, 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, 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 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 Administrative Rules that deals with this subject area  
and promulgating it 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. Since that time, the  
process of reporting and reviewing campaign finance complaints has become more efficient.  
Further, the Department’s upcoming complaints portal will allow for online complaint submission  
and communication, leading to additional efficiencies.  
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  
;