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meanors.

(433) § 11468. SEC. 3. Any candidate or person who Other misdeshall pay either money or other valuable consideration, or offer to pay money or valuable consideration, or the expenses of any delegate or member to or at any such convention that may be incurred, as an inducement or for the purpose of securing the vote of any such delegate in favor of or against any candidate that may come before such a convention, shall be deemed guilty of a misdemeanor.

violation.

(434) § 11469. SEC. 4. Any person found guilty of any Penalty for offense defined in this act as a misdemeanor shall, upon conviction thereof, be sentenced to pay a fine of not less than twenty-five dollars nor more than five hundred dollars, or to be confined in the county jail not less than ten days nor more than six months, or both such fine and imprisonment in the discretion of the court having jurisdiction thereof.

LIMITATION OF NOMINATION AND ELECTION EXPENSES.

An Act to regulate and limit nomination and election expenses; to define and prevent corrupt and illegal practices in nominations and elections; to secure and protect the purity of the ballot, and to require accounts of nomination and election expenses to be filed, and providing penalties for the violation of this act.

[Act 109, P. A. 1913.]

The People of the State of Michigan enact:

expenses of

governor and

(435) SECTION 1. No sums of money shall be paid, and no ex- Election, etc., penses authorized or incurred by or on behalf of any candi- candidates, date to be paid by him in order to secure or aid in securing limit. his nomination to any public office or position in this state, in excess of twenty-five per cent of one year's compensation or salary of the office for which he is candidate: Provided, Proviso, That a sum not exceeding fifty per cent of one year's salary fieutenant may be expended by the candidates for governor and lieu- governor. tenant governor; or where the office is that of member of either branch of the legislature of the state, the twenty-five per cent shall be computed on the salary fixed for the term of two years: Provided further, That no candidate shall be Further restricted to less than one hundred dollars in his campaign proviso. for such nomination. No sums of money shall be paid and no expense authorized or incurred by or on behalf of any candidate who has received the nomination to any public office or position in this state, in excess of twenty-five per cent of one year's salary or compensation of the office for which he is nominated; or where the office is that of member of either branch of the legislature of the state, the twentyfive per cent shall be computed on the salary fixed for the

Proviso.

Treasurer, appointment, duty, etc.

Expenditures, what deemed lawful.

Candidate and treasurer to file account,

etc.

term of two years: Provided, That no candidate shall be restricted to less than one hundred dollars. No sum of money shall be paid and no expenses authorized or incurred by or on behalf of any candidate contrary to the provisions of this act.

(436) SEC. 2. Every political committee shall appoint a treasurer who shall receive, keep and disburse all sums of money which may be collected or received by such committee or by any of its members for election expenses; and unless such treasurer is first appointed it shall be unlawful for a political committee or any of its members to collect, receive or disburse money for any such purpose.

(437) SEC. 3. No candidate and no treasurer of any political committee shall pay, give or lend, or agree to pay, give or lend, either directly or indirectly, any money or other valuable thing for any nomination or election expenses whatever, except for the following purposes:

First, For traveling expenses and personal expenses incident thereto, for printing, stationery, advertising, postage. expressage, freight, telegraph, telephone and public messenger services;

Second, For dissemination of printed information to the public;

Third, For political meetings, demonstrations and conventions;

Fourth, For the rent, maintenance and furnishing of offices;

Fifth, For the payment of clerks, typewriters, stenographers, janitors, and messengers actually employed;

Sixth, For the employment of challengers at primaries and elections, to the number allowed by law as such;

Seventh, For the payment of public speakers and musicians at public meetings, and their necessary traveling expenses; Eighth, For copying and classifying of election registers or poll lists and investigating the right to vote of the persons listed or registered therein, and conducting proceedings to purge the registers and lists, and prevent improper or unlawful registration or voting;

Ninth, For making canvasses of voters;

Tenth, For conveying infirm or disabled voters to and from the polls;

Eleventh, For employing as counsel, attorneys licensed to practice in accordance with the laws of the state, and for the necessary expenses of such counsel.

None of the provisions of this act shall be construed as relating to the rendering of services by speakers, writers, publishers, or others, for which no compensation is asked or given.

(438) SEC. 4. Every candidate and every treasurer of a political committee shall, within ten days after any primary election, caucus or convention and again within twenty days

after any general election, whether state, county, city, municipal, township or district election, in or concerning which he shall have received or disbursed any money, prepare and file in the office of the county clerk of the county in which such candidate or treasurer resides, a full, true and detailed account and statement subscribed and sworn to by him before an officer authorized to administer oaths, setting forth each and every sum of money received or disbursed by him for nomination or election expenses, the date of each receipt, the name of the person from whom received or to whom paid, and the person to whom and object or purpose for which disbursed. Such statements shall also set forth the unpaid What to set debts and obligations, if any, of such candidate or committee, incurred for the purposes set forth in section three of this act, with the nature and amount of each, and to whom owing, in detail, and if there are no such unpaid debts or obligations of such candidate or committee, such statement shall state such fact.

forth.

etc.

(439) SEC. 5. It shall be unlawful to administer the oath Account filed before oath of office or to issue a commission or certificate of nomination administered, or election to any person nominated or elected to any public office until he has filed an account as required by this act, which account shall upon its face be complete and show a lawful compliance with this act, and no such person shall enter upon the duties of his office until he has filed such account, nor shall he receive any salary or fees for any period prior to the filing of the same.

inspection.

(440) SEC. 6. All such accounts shall be open to public Open to public inspection in the offices where they are filed and shall be carefully preserved there for a period of one year, and it shall be the duty of the officers having custody of the same to give certified copies in like manner as of other public records. (441) SEC. 7. The several officers with whom statements Statements, inspection, are required to be filed shall inspect all statements of ac- etc. counts and expenses relating to nominations and elections filed with them within ten days after the same are filed; and if upon examination of the official ballot it appears that any person has failed to file a statement as required by law, or if it appears to any such officer that the statement filed with him does not conform to law, or upon complaint in writing by a candidate or by a voter that a statement filed does not conform to law or to the truth, or that any person has failed to file a statement which he is by law required to file, said officer shall forthwith in writing notify the delinquent person to comply with this act.

etc.

(442) SEC. 8. Upon the failure of any person to file a Failure to file, statement within ten days after receiving such notice, or if any statement filed discloses any violation of any provision of this act, the county clerk shall forthwith notify the prosecuting attorney of the county where said violation occurred, and shall furnish him with copies of all papers relating

Witness, when not excused.

Blanks, by whom furnished.

Contributions, to whom payable.

Money credited to person furnishing.

Anonymous contributions.

Officer, etc., of corporation, not to contribute.

Unlawful to threaten, etc.,

thereto, and said prosecuting attorney shall on such complaint or the complaint of any other person, forthwith enter the same in a docket kept for that purpose in his office, and within twenty days thereafter examine every such case, and if the evidence seems to him to be sufficient under the provisions of this act he shall, in the name of the people of the state, forthwith institute such civil or criminal proceedings as may be appropriate to the facts.

(443) SEC. 9. No person otherwise competent as a witness shall be excused from answering any question, in any proceedings under this act, on the ground that such answer would tend to incriminate him; but no prosecution can afterwards be had against such witness for any such offense concerning which he testified for the prosecution except in an action for perjury in giving such testimony.

(444) SEC. 10. The secretary of state shall, at the expense of the [the] state, furnish to the proper county, city, village or town clerks blanks in a form approved by the attorney general, suitable for the statements herein before required.

(445) SEC. 11. No person who is not a candidate, or the treasurer of a political committee, shall pay, give or lend, or agree to pay, give or lend, any money whether contributed by himself or by any other person, for any election expenses whatever, except to a candidate or to a political committee.

(446) SEC. 12. No person shall make a payment of his own money or of another person's money to any person in connection with a nomination or election in any other name than that of the person who in truth supplies such money; nor shall any person knowingly receive such payment or enter or cause the same to be entered in his accounts or records in another name than that of the person by whom it was actually furnished.

(447) SEC. 13. It shall be unlawful for any candidate, or treasurer of a political committee, or person acting as such treasurer, to disburse money received from any anonymous

source.

(448) SEC. 14. No officer, director, stockholder, attorney, agent or any other person, acting for any corporation or joint stock company, whether incorporated under the laws of this or any other state or any foreign country, except corporations formed for political purposes, shall pay, give or lend, or authorize to be paid, given or lent, any money belonging to such corporation to any candidate or to any political committee, for the payment of any election expenses whatever.

(449) SEC. 15. It shall be unlawful for any employer, employes. either corporation, association, company, firm or person, in paying the salary or wages of any of its, their or his employes, to enclose their pay in pay envelopes, upon which there is written or printed any political notice, device or argument, containing any threat, expressed or implied, intended or calculated to influence the political opinion, views

or actions of such employes so paid. Nor shall it be lawful for any employer, either corporation, association, company, firm or person, within ninety days of any election or primary election provided by law, to put up or otherwise exhibit in its, their, or his factory, workship, mine, mill, boarding house, office or other establishment or place where its, their or his employes may be working or be present in the course of such employment, any hand bill, notice or placard containing any threat, notice or information that in case any particular ticket or candidate shall be nominated or elected, work in its, their or his place or establishment will cease, in whole or in part, or its, their or his establishment will be closed, or the wages of its, their or his workmen shall be reduced; or any other threats, expressed or implied, intended or calculated to influence the political opinion or act of its, their or his employes.

vertisements

paid.

(450) SEC. 16. No publisher of a newspaper or other Newspaper adperiodical shall insert, either in its advertising or reading to be marked columns, any paid matter which is designed or tends to aid, injure or defeat any candidate or political party or organization, or measure before the people, unless it is stated therein that it is a paid advertisement. No person shall pay the owner. editor, publisher or agent of any newspaper or other periodical to induce him to editorially advocate or oppose any candidate for nomination or election, and no such owner, editor, publisher or agent shall accept such payment.

(451) SEC. 17. If any letter, circular, poster, bill, publication or placard shall contain any false statement or charges reflecting on any candidate's character, morality or integrity, the author thereof and every person knowingly assisting in the circulation thereof shall, upon conviction thereof, be subject to the penalties provided for the violation of this act: Provided. That this shall in no wise deprive the injured party of any other action for libel given by law.

False state

ment, etc.

Proviso.

Penalty for

(452) SEC. 18. Any person who shall incur any illegal violation. election expenses, or otherwise violate any of the provisions of this act, shall upon conviction thereof be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than two years, either or both, at the discretion of the court.

(453) SEC. 19. Terms used in this act shall be used as Terms defined. follows, unless other meaning is clearly apparent from the language or context, or unless such construction is inconsistent with the manifest intent of the law:

"Candidate" shall apply to any person whose name is printed on an official ballot for public office, or whose name has been presented for public office, with his consent, for nomination or election;

"Political committee" or "committee" shall apply to every combination of two or more persons who shall aid or pro

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