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 General Provisions  
5. Rule numbers or rule set range of numbers:  
R 168.501 - R 168.519  
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 25 years ago, and many have not been updated in 46  
years. Campaign financing has changed substantially in that time. While many of those changes are  
reflected in the Michigan Campaign Finance Act (MCFA), the MCFA is 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 multiple rulesets, each targeted to a specific topic. This ruleset will address general topics that do  
not fit into the other parts including the duties and requirements of the secretary and county clerk,  
formatting requirements, late filing fees, public posting of reports or statements, and declaratory  
rulings and interpretive statements. It will modernize the existing rules for those areas to align them  
with current practice and policy.  
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 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, compliance requirements, or other 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 covering these topics were amended  
was 1982.  
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 Reorganization Order No. 2019-1, MCL 324.99923.  
MCL 24.239  
;