Bill
HB 5583
Gives SOS authority to seek injunctive relief in Ingham County Circuit Court when a valid Campaign Finance Act complaint is filed, enabling fast court-ordered stop to violations.
Status and key dates
- Introduced in the House: March 14, 2024 (Rep. Erin Byrnes).
- Passed by the House with immediate effect: September 25, 2024.
- Referred to Senate Committee on Elections and Ethics (committee work completed 12-10-24).
- As of referral, the bill would amend section 15 of the Michigan Campaign Finance Act (MCL 169.215).
Purpose / intent
- To give the Secretary of State (SOS) an express, expedited enforcement tool — authority to seek injunctive relief in circuit court — when the SOS reasonably believes a violation of the Michigan Campaign Finance Act has occurred or is occurring and a qualifying complaint has been filed.
Key provisions
- Adds authority for the SOS to apply to the Ingham County Circuit Court for injunctive relief (court order to stop activity) when:
1. A complaint alleging a violation of the Act has been filed with the SOS;
2. The complaint meets the statutory filing requirements (see below); and
3. The SOS reasonably believes a violation has occurred or is occurring.
- Retains and clarifies existing complaint process and deadlines:
- Complaint filing requirements: signed by complainant; include complainant’s name, address, telephone; and a certification that factual contentions are supported by evidence or, after reasonable inquiry, are likely to be supported by evidence upon further investigation.
- Notice and response timeline: SOS must notify the respondent within 5 business days of a qualifying complaint. Respondent has 15 business days to file a response (SOS may extend by another 15 business days for good cause). Complainant may file a rebuttal within 10 business days (extendable by 10 business days for good cause).
- Other related provisions preserved:
- SOS investigates complaints under the Act’s rules.
- If an alleged violation involves the SOS, the SOS’s immediate family, or a related campaign/committee, the matter is referred to the Attorney General.
- Filing a complaint with a false certification is a civil violation and actionable.
Who would be affected
- Regulated parties under the Michigan Campaign Finance Act: candidates, campaigns, political committees, contributors, and others engaged in activities governed by the Act.
- Complainants and respondents in SOS investigations (complainants gain a potential route to prompt court-ordered relief; respondents face the risk of injunctions).
- Secretary of State’s office (new enforcement authority, but no anticipated direct fiscal impact on the Department of State).
- Ingham County Circuit Court: may see an increase in hearings and related administrative costs (analyses describe the fiscal impact as indeterminate or nominal).
Fiscal impact
- House and Senate fiscal analyses: no fiscal impact on the Department of State; a nominal or indeterminate increase in hearing costs to the Ingham County Circuit Court, depending on caseload.
Statutory citation
- Amends Michigan Campaign Finance Act, section 15 (MCL 169.215).
Compiled from official sources — confirm details with the bill’s official record.
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