MICHIGAN ELECTION LAW
Act 116 of 1954
168.848 Postelection statement; violation as misdemeanor; false statement as perjury.
Sec. 848.
(1) Each elected candidate subject to the Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282, and whose candidate committee received or expended more than $1,000.00 during the election cycle shall file a postelection statement with the filing official designated to receive the elected candidate's candidate committee campaign statements under section 36 of the Michigan campaign finance act, 1976 PA 388, MCL 169.236. All of the following apply to a postelection statement required by this section:
(a) The postelection statement must be on a form prescribed by the secretary of state.
(b) The elected candidate shall file the postelection statement before the elected candidate assumes office.
(c) The postelection statement shall include an attestation signed by the elected candidate that, as of the date of the postelection statement, all statements, reports, late filing fees, and fines required of the candidate or a candidate committee organized to support the candidate's election under the Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282, have been filed or paid.
(d) The postelection statement shall include an attestation signed by the elected candidate acknowledging that making a false statement in a postelection statement is punishable by a fine of not more than $1,000.00 or imprisonment for not more than 5 years, or both.
(2) Failure to file a postelection statement as required by subsection (1) is a misdemeanor punishable by a fine of not more than $500.00 or imprisonment for not more than 93 days, or both.
(3) Making a false statement in a postelection statement required under subsection (1) is perjury, punishable as provided in section 936.
History: Add. 2003, Act 119, Imd. Eff. July 29, 2003
PopularName Notes:
Election Code
Notes of Decisions
Cited in
4
cases (
2 in the last 5 years), 2015–2021 · leading case:
People v. Hall, 880 N.W.2d 785 (Mich. 2016).
People v. Hall, 880 N.W.2d 785 (Mich. 2016).
“32 “A person who makes a false affidavit or swears falsely while under oath under [MCL 168.848] or for the purpose of securing registration, for the purpose of voting at an election, or for the purpose of qualifying as a candidate for elective office under [MCL 168.”
in Re Complaint of Robert Taylor for Jud. Investigation (Mich. Ct. App. 2015).
· cites it 7× “, generally, or MCL 168.848 in particular. More specifically, the Bureau’s determinations that the subject, as a candidate, had failed to supply addresses and cumulative totals and had failed to report late contributions does not bear on the current allegations that, as the…”
Victoria Burton-Harris v. Wayne Cnty. Clerk (Mich. Ct. App. 2021).
· cites it 3× “Plaintiff explained that when Worthy was last elected in 2016, she was required to file a postelection statement under MCL 168.848 before assuming office. According to plaintiff, Worthy never filed the required statement.”
Davis v. Wayne Cnty. Bd. of Canvassers (E.D. Mich. 2021).
· cites it 2× “Plaintiffs alleged injuries mainly center around the allegation that incumbent Wayne County Prosecutor Kym Worthy’s name was printed on election ballots and votes cast for her were counted and certified despite the fact that Worthy (1) failed to file a timely post-election…”
— Mich. Comp. Laws § 168.848(1)(b) — 1 case
in Re Complaint of Robert Taylor for Jud. Investigation (Mich. Ct. App. 2015).
“, generally, or MCL 168.848 in particular. More specifically, the Bureau’s determinations that the subject, as a candidate, had failed to supply addresses and cumulative totals and had failed to report late contributions does not bear on the current allegations that, as the…”
— Mich. Comp. Laws § 168.848(2) — 1 case
in Re Complaint of Robert Taylor for Jud. Investigation (Mich. Ct. App. 2015).
“, generally, or MCL 168.848 in particular. More specifically, the Bureau’s determinations that the subject, as a candidate, had failed to supply addresses and cumulative totals and had failed to report late contributions does not bear on the current allegations that, as the…”
— Mich. Comp. Laws § 168.848(3) — 1 case
in Re Complaint of Robert Taylor for Jud. Investigation (Mich. Ct. App. 2015).
“, generally, or MCL 168.848 in particular. More specifically, the Bureau’s determinations that the subject, as a candidate, had failed to supply addresses and cumulative totals and had failed to report late contributions does not bear on the current allegations that, as the…”
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