MICHIGAN CAMPAIGN FINANCE ACT
Act 388 of 1976
169.204 "Contribution" defined.
Sec. 4.
(1) "Contribution" means a payment, gift, subscription, assessment, expenditure, contract, payment for services, dues, advance, forbearance, loan, or donation of money or anything of ascertainable monetary value, or a transfer of anything of ascertainable monetary value to a person, made for the purpose of influencing the nomination or election of a candidate, for the qualification, passage, or defeat of a ballot question, or for the qualification of a new political party.
(2) Contribution includes the full purchase price of tickets or payment of an attendance fee for events such as dinners, luncheons, rallies, testimonials, and other fund-raising events; an individual's own money or property other than the individual's homestead used on behalf of that individual's candidacy; the granting of discounts or rebates not available to the general public; or the granting of discounts or rebates by broadcast media and newspapers not extended on an equal basis to all candidates for the same office; and the endorsing or guaranteeing of a loan for the amount the endorser or guarantor is liable. Except for the purposes of section 57, contribution does not include a contribution to a federal candidate or a federal committee.
(3) Contribution does not include any of the following:
(a) Volunteer personal services provided without compensation, or payments of costs incurred of less than $500.00 in a calendar year by an individual for personal travel expenses if the costs are voluntarily incurred without any understanding or agreement that the costs shall be, directly or indirectly, repaid.
(b) Food and beverages, not to exceed $1,000.00 in value during a calendar year, that are donated by an individual and for which reimbursement is not given.
(c) An offer or tender of a contribution if expressly and unconditionally rejected, returned, or refunded in whole or in part within 30 business days after receipt.
(d) A contribution or expenditure for the establishment or administration of, or solicitation, collection, or transfer of contributions to, a separate segregated fund, including through a payroll deduction plan, or for mailing or shipping of an item or prize purchased under section 55(8).
(e) An independent expenditure.
History: 1976, Act 388, Imd. Eff. Dec. 30, 1976 ;-- Am. 1989, Act 95, Imd. Eff. June 21, 1989 ;-- Am. 2012, Act 31, Imd. Eff. Feb. 28, 2012 ;-- Am. 2012, Act 273, Eff. Dec. 30, 2012 ;-- Am. 2013, Act 252, Imd. Eff. Dec. 27, 2013 ;-- Am. 2015, Act 269, Imd. Eff. Jan. 6, 2016 ;-- Am. 2017, Act 119, Imd. Eff. Sept. 20, 2017 ;-- Am. 2019, Act 93, Imd. Eff. Oct. 10, 2019 ;-- Am. 2023, Act 244, Eff. Feb. 13, 2024
Compiler's Notes:
Enacting section 1 of Act 31 of 2012 provides:
"Enacting section 1. It is the policy of this state that a public body shall maintain strict neutrality in each election and that a public body or a person acting on behalf of a public body shall not attempt to influence the outcome of an election held in the state. If there is a perceived ambiguity in the interpretation of section 57, that section shall be construed to best effectuate the policy of strict neutrality by a public body in an election."
Notes of Decisions
Michigan Educ. Ass'n v. Sec'y of State, 489 Mich. 194 (Mich. 2010).
· cites it 30× “Thus, contrary to the majority’s interpretation, the statute is focused on enforcing contribution limits, not determining whether a particular act is a “contribution” or “expenditure” as defined in MCL 169.204 and MCL 169.206. Notably, because an MEA member is not seeking to…”
Michigan Educ. Ass'n v. Sec'y of State, 793 N.W.2d 568 (Mich. 2010).
· cites it 36× “204, which provides: (1) “Contribution” means a payment, gift, subscription, assessment, expenditure, contract, payment for services, dues, advance, forbearance, loan, or donation of money or anything of ascertainable monetary value, or a transfer of anything of ascertainable…”
Michigan Chamber of Com. v. Land, 725 F. Supp. 2d 665 (W.D. Mich. 2010).
· cites it 12× “255 ], and to loans made in the ordinary course of business, a corporation, joint stock company, domestic dependent sovereign, or labor organization shall not make a contribution or expenditure or provide volunteer personal services that are excluded from the definition of a…”
Mich. State AFL-CIO v. William Schuette, 847 F.3d 800 (6th Cir. 2017).
“” Mich. Comp. Laws §§ 169.204 , .206. The statute permits corporations and unions to “make [ ] expenditure[s] for the establishment or administration of, and solicitation, collection, or transfer of contributions to, a separate segregated fund to be used for political purposes.”
Fieger v. Cox, 734 N.W.2d 602 (Mich. Ct. App. 2007).
“254(1) and (2), which MCL 169.204(1) defines in relevant part as “a payment, gift,.”
Dep't of State v. Michigan Educ. Ass'n-NEA, 650 N.W.2d 120 (Mich. Ct. App. 2002).
“The hearing officer acknowledged that petitioner Secretary of State had no rules or standards to define “forbearance” under MCL 169.204(1) (subsection 4[1]). The hearing officer further stated that petitioners had not applied a consistent standard regarding the meaning of…”
Michigan Educ. Ass'n v. Sec'y of State (Mich. 2011).
· cites it 31× “Thus, contrary to the majority’s interpretation, the statute is focused on enforcing contribution limits, not determining whether a particular act is a “contribution” or “expenditure” as defined in MCL 169.204 and MCL 169.206. Notably, because an MEA member is not seeking to…”
People v. Weiss, 479 N.W.2d 30 (Mich. Ct. App. 1991).
“1703(4)(1) provides: "Contribution” means a payment, gift, subscription, assessment, expenditure, contract, payment *560 for services, dues, advance, forbearance, loan, or donation of money or anything of ascertainable monetary value, or a transfer of anything of ascertainable…”
In Re Investigative Subpoenas, 779 N.W.2d 277 (Mich. Ct. App. 2009).
“254(1), with limited and here inapplicable exceptions, a corporation “shall not make a contribution or expenditure or provide volunteer personal services that are excluded from the definition of a contribution pursuant to [MCL 169.204(3)(a)].” Pursuant to MCL 169.”
— Mich. Comp. Laws § 169.204(1) — 9 cases
Michigan Educ. Ass'n v. Sec'y of State, 489 Mich. 194 (Mich. 2010).
“Thus, contrary to the majority’s interpretation, the statute is focused on enforcing contribution limits, not determining whether a particular act is a “contribution” or “expenditure” as defined in MCL 169.204 and MCL 169.206. Notably, because an MEA member is not seeking to…”
Michigan Educ. Ass'n v. Sec'y of State, 793 N.W.2d 568 (Mich. 2010).
“204, which provides: (1) “Contribution” means a payment, gift, subscription, assessment, expenditure, contract, payment for services, dues, advance, forbearance, loan, or donation of money or anything of ascertainable monetary value, or a transfer of anything of ascertainable…”
Fieger v. Cox, 734 N.W.2d 602 (Mich. Ct. App. 2007).
“254(1) and (2), which MCL 169.204(1) defines in relevant part as “a payment, gift,.”
— Mich. Comp. Laws § 169.204(2) — 4 cases
Michigan Educ. Ass'n v. Sec'y of State, 489 Mich. 194 (Mich. 2010).
“Thus, contrary to the majority’s interpretation, the statute is focused on enforcing contribution limits, not determining whether a particular act is a “contribution” or “expenditure” as defined in MCL 169.204 and MCL 169.206. Notably, because an MEA member is not seeking to…”
Michigan Educ. Ass'n v. Sec'y of State, 793 N.W.2d 568 (Mich. 2010).
“204, which provides: (1) “Contribution” means a payment, gift, subscription, assessment, expenditure, contract, payment for services, dues, advance, forbearance, loan, or donation of money or anything of ascertainable monetary value, or a transfer of anything of ascertainable…”
Michigan Educ. Ass'n v. Sec'y of State (Mich. 2011).
“Thus, contrary to the majority’s interpretation, the statute is focused on enforcing contribution limits, not determining whether a particular act is a “contribution” or “expenditure” as defined in MCL 169.204 and MCL 169.206. Notably, because an MEA member is not seeking to…”
— Mich. Comp. Laws § 169.204(3) — 4 cases
Michigan Educ. Ass'n v. Sec'y of State, 489 Mich. 194 (Mich. 2010).
“Thus, contrary to the majority’s interpretation, the statute is focused on enforcing contribution limits, not determining whether a particular act is a “contribution” or “expenditure” as defined in MCL 169.204 and MCL 169.206. Notably, because an MEA member is not seeking to…”
Michigan Educ. Ass'n v. Sec'y of State, 793 N.W.2d 568 (Mich. 2010).
“204, which provides: (1) “Contribution” means a payment, gift, subscription, assessment, expenditure, contract, payment for services, dues, advance, forbearance, loan, or donation of money or anything of ascertainable monetary value, or a transfer of anything of ascertainable…”
Michigan Educ. Ass'n v. Sec'y of State (Mich. 2011).
“Thus, contrary to the majority’s interpretation, the statute is focused on enforcing contribution limits, not determining whether a particular act is a “contribution” or “expenditure” as defined in MCL 169.204 and MCL 169.206. Notably, because an MEA member is not seeking to…”
— Mich. Comp. Laws § 169.204(3)(a) — 6 cases
Michigan Educ. Ass'n v. Sec'y of State, 489 Mich. 194 (Mich. 2010).
“Thus, contrary to the majority’s interpretation, the statute is focused on enforcing contribution limits, not determining whether a particular act is a “contribution” or “expenditure” as defined in MCL 169.204 and MCL 169.206. Notably, because an MEA member is not seeking to…”
Michigan Educ. Ass'n v. Sec'y of State, 793 N.W.2d 568 (Mich. 2010).
“204, which provides: (1) “Contribution” means a payment, gift, subscription, assessment, expenditure, contract, payment for services, dues, advance, forbearance, loan, or donation of money or anything of ascertainable monetary value, or a transfer of anything of ascertainable…”
Michigan Chamber of Com. v. Land, 725 F. Supp. 2d 665 (W.D. Mich. 2010).
“255 ], and to loans made in the ordinary course of business, a corporation, joint stock company, domestic dependent sovereign, or labor organization shall not make a contribution or expenditure or provide volunteer personal services that are excluded from the definition of a…”
In Re Investigative Subpoenas, 779 N.W.2d 277 (Mich. Ct. App. 2009).
“254(1), with limited and here inapplicable exceptions, a corporation “shall not make a contribution or expenditure or provide volunteer personal services that are excluded from the definition of a contribution pursuant to [MCL 169.204(3)(a)].” Pursuant to MCL 169.”
— Mich. Comp. Laws § 169.204(3)(c) — 4 cases
Michigan Educ. Ass'n v. Sec'y of State, 489 Mich. 194 (Mich. 2010).
“Thus, contrary to the majority’s interpretation, the statute is focused on enforcing contribution limits, not determining whether a particular act is a “contribution” or “expenditure” as defined in MCL 169.204 and MCL 169.206. Notably, because an MEA member is not seeking to…”
Michigan Educ. Ass'n v. Sec'y of State, 793 N.W.2d 568 (Mich. 2010).
“204, which provides: (1) “Contribution” means a payment, gift, subscription, assessment, expenditure, contract, payment for services, dues, advance, forbearance, loan, or donation of money or anything of ascertainable monetary value, or a transfer of anything of ascertainable…”
Michigan Educ. Ass'n v. Sec'y of State (Mich. 2011).
“Thus, contrary to the majority’s interpretation, the statute is focused on enforcing contribution limits, not determining whether a particular act is a “contribution” or “expenditure” as defined in MCL 169.204 and MCL 169.206. Notably, because an MEA member is not seeking to…”
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