HOUSE BILL NO. 5198

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

(MCL 168.1 to 168.992) by adding section 645a.

the people of the state of michigan enact:

Sec. 645a. (1) Not later than 10 business days before any person, other than a governmental entity, enters into any agreement, membership, or program with any governmental entity to provide funds, in-kind goods or services, or any other service, for election administration, the person must file a certification with the secretary of state that certifies whether the person is knowingly a recipient, directly or indirectly, of foreign donations. The certification must be signed by the person under penalty of perjury and dated. As used in this subsection, "person is knowingly a recipient" means a person that meets any of the following:

(a) Has actual knowledge that the source of the funds received is a foreign national.

(b) Is aware of facts that would lead a reasonable person to conclude that there is a substantial probability that the source of the funds received is a foreign national.

(c) Is aware of facts that would lead a reasonable person to inquire whether the source of the funds received is a foreign national, but the person fails to conduct a reasonable inquiry.

(2) A person that files a certification with the secretary of state under subsection (1) must do both of the following:

(a) Renew the certification on an annual basis.

(b) If the person obtains information, unknown at the time of the filing of the initial or renewed certification, that changes the certification, update the certification not later than 5 business days after the person obtains that information.

(3) The secretary of state shall maintain a record of each certification filed under subsection (1) and shall post each certification on the department of state's website.

(4) Each governmental entity must provide to the secretary of state a quarterly report that lists any person that provides funds, in-kind goods or services, or any other service to that governmental entity for election administration. The secretary of state shall audit the quarterly reports to ensure compliance with this section.

(5) A governmental entity shall not enact or enforce any law or ordinance that conflicts with this section. Any law or ordinance that conflicts with this section is void and unenforceable.

(6) The secretary of state shall promulgate rules to implement this section under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(7) A person that knowingly fails to provide an accurate or updated certification in compliance with this section is guilty of a misdemeanor punishable, if the person is an individual, by imprisonment for not more than 90 days, a fine of not more than $1,000.00, or both, or, if the person is other than an individual, by a fine of not more than $10,000.00.

(8) As used in this section:

(a) "Election administration" means to participate in any way in the process of conducting or implementing an election. Election administration does not include a postelection canvass, recount, contest, or audit process.

(b) "Foreign donation" means a payment, gift, subscription, loan, advance, deposit, or anything of value provided by a foreign national without consideration.

(c) "Foreign national" means any of the following:

(i) An individual who is not a citizen of the United States.

(ii) A government, or subdivision, of a foreign country or a municipality of a foreign country.

(iii) A foreign political party.

(iv) Any entity, including, but not limited to, a partnership, association, corporation, organization, or other combination of persons, that is organized under the laws of, or has its principal place of business in, a foreign country.

(d) "Governmental entity" means a county, city, township, village, or other municipal entity.

(e) "Person" means an individual, partnership, association, corporation, organization, or any other combination or group of individuals.