Appendices

Appendix H
COMMITTEE TYPES

The Michigan Campaign Finance Act (MCFA) requires groups participating in Michigan elections to form and register committees. Committees are formed at the state level with the Bureau of Elections and at the local level with the County Clerk’s office. Filing official designations and committee registration thresholds are detailed in each committee manual (links below). Committees are groups that:

  • receive contributions or make expenditures to influence voters for or against the nomination or election of a candidate;
  • receive contributions or make expenditures to influence voters for the qualification, passage, or defeat of a ballot question;
  • make independent expenditures to influence voters; or
  • receive contributions or make expenditures to assist a political party in qualifying for ballot access in Michigan.

This document will provide a brief explanation on each committee type covered under the MCFA. For more information on each committee type please see each committee manual (links below). The types of committees covered by the MCFA include:

  • Candidate Committees
  • Political and Independent Committees/PACS
    • Caucus Committees
    • Separate Segregated Funds (SSF PAC)
  • Independent Expenditure Committees/Super PACS
  • Ballot Question Committees
  • Political Party Committees
    • State Central
    • Congressional District
    • County

CANDIDATE COMMITTEES

A Candidate Committee is formed under the direction and control of a candidate for the candidate’s campaign for a specific office. Candidate Committees file at either the local or state level. A Candidate Committee’s registration timeline starts when the candidate meets the definition of a “candidate” under the MCFA. This is true even if the candidate only uses personal funds to campaign, does not receive or spend any funds when seeking office, or is running a write-in campaign. A Candidate Committee is the only committee type that can consist of one individual; the candidate him or herself. A candidate may only have one Candidate Committee for each office sought. All money received by a Candidate Committee must be spent to further the nomination or election of that candidate for that office, pay expenses incidental to holding the elective office if the candidate was successful and is now an incumbent officeholder, or to dissolve the committee in accordance with Section 45. The committee funds must never be considered a part of the candidate’s personal financial holdings or estate. A Candidate Committee may not accept contributions from the treasury funds of a corporation, labor organization, Indian Tribe/DDS; an IEC/Super PAC; from a person holding an interest in one of the three casinos located in Detroit; or from foreign nationals.

Please see the Candidate Manual for more information.

POLITICAL COMMITTEE AND INDEPENDENT COMMITTEES/PACS

Note: Other names and labels are often applied to Political Committees and Independent Committees although these terms are not found in the MCFA including: Political Action Committee (PAC), Leadership PAC, Legislative PAC, Leadership Fund, Victory Fund, Majority Fund, Minority Fund, etc. Regardless of the name, all committees required to register must follow all the requirements of the MCFA.

Independent Committees and Political Committees are both commonly referred to as PACS or Political Action Committees. Subtypes exist in both designations; these subtypes are explained below. A Political Committee and an Independent Committee are formed to support one or more candidates and may also support or oppose ballot questions. Political and Independent Committees file at either the local or state level. A PAC’s registration timeline starts when the committee exceeds the $500.00 registration threshold of the MCFA. A PAC may not accept contributions from the treasury funds of a corporation, labor organization, DDS/Indian tribe; a person holding an interest in one of the three casinos located in Detroit; an IEC/Super PAC; or from foreign national.

A Political Committee must observe the same contribution limits as an individual when making contributions to, or expenditures in support of, or in opposition to, the nomination or election of a candidate.

An Independent Committee that meets the following three criteria may give a candidate for elective office ten times the amount a Political Committee is permitted to give the candidate. The higher contribution limits are not allowed until the committee has met all three criteria listed below:

  1. Registers as an Independent Committee at least six months before the election for which it expects to make expenditures at the higher limits (ten times amount);
  2. Received contributions from at least 25 persons; and
  3. In the same calendar year as #2, makes expenditures to support or oppose three candidates in Michigan within the lower contribution limits applicable to a Political Committee.

A Caucus Committee is a subtype of an Independent Committee established by the political party caucuses (Democratic and Republican) of the Michigan House of Representatives and the Michigan State Senate. There are only four caucus committees established in the legislature.

  • House Republican Campaign Committee
  • Michigan House Democratic Fund
  • Michigan Senate Democratic Fund
  • Senate Republican Campaign Committee

All four Caucus Committees are registered at the state level with the Bureau of Elections and are qualified to give at the higher limits. A Caucus Committee is restricted in making contributions during a contested primary. A Caucus Committee may make unlimited contributions during the general election period. However, a Caucus Committee must adhere to the limitations on contributions received.

A Separated Segregated Fund (SSF PAC) is a subtype that can be either a Political Committee or an Independent Committee. Section 55 of the MCFA provides that corporations, labor organizations and DDS/Indian Tribes can establish a PAC to support or oppose candidates in Michigan. The corporations, labor organizations and DDS/Indian Tribes may use treasury funds to pay the costs of the establishment, administration and solicitation of contributions to a SSF PAC. However, the corporations, labor organizations and DDS/Indian tribe may not use its treasury funds to give direct support to candidates. Rather, the SSF PAC can solicit and accept funds from a restricted group of employees and/or members and other SSF PACS.

A SSF PAC must include in the name of the committee the name of the person or persons that sponsor the committee, if any, or with whom the committee is affiliated. A person, other than an individual or a committee, sponsors or is affiliated with an Independent Committee or Political Committee if that person establishes, directs, controls, or financially supports the administration of the committee. A person does not financially support the administration of a committee by merely making a contribution to the committee.

Please see the PAC Manual for specific information.

INDEPENDENT EXPENDITURE COMMITTEES/SUPER PACS An Independent Expenditure Committee (IEC) is commonly referred to as a Super PAC. An Independent Expenditure Committee/Super PAC is a formed exclusively for the purpose of making independent expenditures that are not in any way made in cooperation, consultation, or concert with, or at the request or suggestions of, a candidate, a candidate committee or its agents, or political party committee or its agents. IEC/Super PACS file at either the local or state level. An IEC/Super PAC’s registration timeline starts when the committee exceeds the $500.00 registration threshold of the MCFA. An IEC/Super PAC may accept contributions from the treasury funds of a corporation, labor organization, DDS/Indian tribe; another IEC/Super PAC; or from a Ballot Question Committee. However, an IEC/Super PAC cannot accept contributions from foreign nationals. An IEC/Super PAC is not allowed to use funds to directly support a candidate committee through contributions of money or in-kind contributions, nor can the IEC/Super PAC give to other committee types that support candidates directly such as an Independent Committee, Political Committee House or Senate Political Party Caucus Committee. IEC/Super PACS can make unlimited independent expenditure to support or oppose candidates. IEC/Super PACS can also make expenditures to other IEC/Super PACS and Ballot Question Committees.

Please see the PAC Manual for more information.

BALLOT QUESTION COMMITTEES A Ballot Question Committee is a committee that is formed to receive contributions and make expenditures in support of, or in opposition to, the qualification, passage or defeat of a ballot question. Ballot Question Committees file at either the local or state level. A Ballot Question Committee’s registration timeline starts when the committee exceeds the $500.00 registration threshold of the MCFA. A Ballot Question Committee may accept contributions from the treasury funds of a corporation, labor organization, DDS/Indian tribe; a person holding an interest in one of the three casinos located in Detroit; a IEC/Super PAC or from another Ballot Question Committee. However, a Ballot Question Committee cannot accept contributions from foreign nationals. A Ballot Question Committee is prohibited from making contributions or expenditures to influence the nomination or election of a candidate or by contributing to other committee types that support candidates directly such as an independent committee, political committee house or senate political party caucus committee.

Please see the Ballot Question Manual for more information.

POLITICAL PARTY COMMITTEES A Political Party Committee is a committee formed by a state central, congressional district, or county committee of a political party and are only registered at the state level with the Bureau of Elections. A Political Party Committee’s registration timeline starts when the committee exceeds the $500.00 registration threshold of the MCFA. Each state central committee designates one official county political party committee in each county, and one official congressional district political party committee in each congressional district. An organization that is not the official state level organization designated congressional district organization or county level organization of a political party is not permitted to register as a Political Party Committee under the MCFA. However they may register as an Independent or Political Committee (PAC).

Please see the Political Party Manual for more information.

FAQS

  1. I want to form a committee, but I don’t know committee type I should register as?

This depends on who you would like to collect contributions from and how you would like to participate in Michigan elections. If you are a candidate, you must form a Candidate Committee for each office sought. For other committee types, please review the information above. Questions can be directed to disclosure@michigan.gov.

  1. What is the difference between a Political Committee, Independent Committee, and an Independent Expenditure Committee/Super PAC?

All three committee types can raise unlimited amounts of contributions. Political and Independent Committees can give directly to Candidate Committees within each of their respective contribution limit, while Independent Expenditure Committee/Super PAC can only make unlimited independent expenditures to support or oppose candidates. An Independent Expenditure Committee/Super PAC may accept contributions from the treasury funds of a corporation, labor organization, DDS/Indian tribe; an IEC/Super PAC; or a Ballot Question Committee; while a Political Committee or Independent Committee cannot.

  1. I already have an existing committee; can I change my committee type?

The only committee type that can request to change is a Political Committee. A Political Committee may request to become an Independent Committee if they later decide that they want to contribute at the higher limits. Once this is requested, the committee cannot contribute at the higher limits until it meets Independent Status.

State level committees must send correspondence to disclosure@michigan.gov to request this change. Local level committees can file an Amended Statement of Organization to request this change with their filing official.

  1. How do I meet Independent Status?

A PAC must register as an Independent Committee at least six months before the election for which it expects to make expenditures at the higher limits. In addition, the committee must receive contributions from at least 25 unique persons, and in the same year as the 25 contributions, the committee must make at least three expenditures to support or oppose three candidates in Michigan at the lower contribution limit applicable to a Political Committee.

  1. How can I tell if I have met Independent Status and can therefore give at the higher contribution limit?

To confirm Independent Status, contact the filing official. For committees registered at the state level, you can use the Committee Search tool to determine Independent Status. In the search, select Political Action (PAC) as the committee type and enter the ID number or Committee Name that you are looking for.

  1. Which committee types register with the Bureau of Elections and which register with the local County Clerk’s office?

Candidate Committees file at either the local or state level; please see the Candidate Committee Manual - Where To File for specific information.

Political, Independent, and Independent Expenditure Committee/Super PACS file at either the local or state level; please see the PAC Manual - Where To File for specific information.

Ballot Question Committees file at either the local or state level; please see the Ballot Question Committee Manual - Where To File for specific information.

All Political Party Committees file at the state level with the Bureau of Elections; please see the Political Party Committee Manual - Where To File for specific information.

  1. When are committees required to register and are there any exemptions?

A Candidate Committee’s registration timeline starts when the candidate meets the definition of a “candidate” under the MCFA; please see Candidate Committee Manual - The Statement Of Organization Forming And Registering A Candidate Committee for specific information.

A Political Committee, Independent Committee, or Independent Expenditure Committee/Super PAC’s registration timeline starts when the $500.00 threshold is exceeded; please see PAC Manual - The Statement Of Organization Forming And Registering A PAC for specific information. Some exceptions may apply; please see Appendix K1 for more information.

A Ballot Question Committee’s registration timeline starts when the $500.00 threshold is exceeded; please see the Ballot Question Manual - The Statement Of Organization Forming And Registering A Ballot Question Committee for specific information.

A Political Party Committee’s registration timeline starts when the $500.00 threshold is exceeded; please see the Political Party Manual - The Statement Of Organization Forming And Registering A Political Party Committee for specific information.

  1. How many Candidate Committees can a candidate have active at the same time?

A candidate may only have one Candidate Committee for each office sought that is active at the same time.

  1. Which committees have contribution limits?

Candidate Committees and Caucus Committees have limits on the amount of contributions they can receive from a contributor. Please see the Contribution Limits Page for detailed information.

ADDITIONAL RESOURCES

RULINGS AND INTERPRETIVE STATEMENTS

09/28/2017LaBrantIS15(1),15(2),51,54(4),63An entity that makes a contribution to an IEC is not subject to the Act’s registration requirements, so long as it does not solicit or receive contributions for the purpose of making that contribution. An entity which directly makes an independent expenditure using its own general treasury funds may owe an independent expenditure report depending on the value of the independent expenditure. MCL 169.251 as amended by 2017 PA 119. Entities that made contributions to IECs using their own general treasury funds prior to the enactment of 2017 PA 119, as authorized by Michigan Chamber and the Department’s 2010 guidance, will not be required to satisfy the registration and reporting requirements of the MCFA, absent evidence that the entity solicited contributions for the purpose of making the expenditure….. Complete text 09/28/2017
07/10/2013BerkeIS9, 26, 44, 54, 55The Michigan Legislature has not enacted amendments to the MCFA to establish independent expenditure political committees (Super PACs) or expand the definition of “independent expenditure” to include coordinated activity, under Citizens United and Michigan Chamber of Commerce, the Department must refer to federal law when considering the extent to which the MCFA governs the activities of independent expenditure political committees. Given the absence of any legal authority in Michigan that restricts a candidate’s or officeholder’s ability to solicit contributions to an independent expenditure political committee (Super PACs), the Department concludes that state and local candidates and officeholders in Michigan may solicit contributions to independent expenditure political committees (Super PACs)…. Complete text of 07/10/2013
05/21/2010LaBrantDR55, 3, 24, 8, 54, 9,3 3, 42The political committee is the only mechanism available for reporting the corporation’s independent expenditures for the political speech permitted under Citizens United. The limited impact of Citizens United under the MCFA is that it allows a corporation to make and report independent expenditures by engaging in political speech and be funded exclusively by that corporation. A filer will comply with the Act’s reporting requirements by filing a campaign statement consisting of a cover page, a summary page, Schedule 2B-1 (Itemized Independent Expenditures) and Schedule 2A-1 (Itemized Other Receipts). The latter schedule would report expenditures made during that reporting period. Section 42(2) prohibits acceptance of certain contributions unless accompanied by a certified statement which, among other things, states that the contribution from the out-of-state contributor “was not made from an account containing funds prohibited by section 54.” If the potential contributor is a corporation, labor organization, or domestic dependent sovereign, there are no circumstances in which the accompanying certified statement is required. The MCFA does not permit contributions from those entities. [RESCINDED: MI Chamber of Commerce, et al v Land, 2010 US Dist LEXIS 75186 (WD MI, 2010). The general treasury funds of a corporation, labor union, or domestic dependent sovereign may be used to make contributions to a political committee which is organized exclusively for the purpose of making independent expenditures that are not in any way directly or indirectly “coordinated” with a candidate, candidate committee, political party, or political party committee.]…. Complete text of 05/21/2012
5/30/2003DosterIS2(1), 6The Act does not govern the activities of persons, including political parties, whose activities cannot be defined as contributions or expenditures. The Act does not apply to MRSC’s odd-year state conventions, presidential-year spring conventions, meetings, or conferences. (See also IS 8/21/79 McLellan)…. Complete text of 05/30/2003
11/4/1997Pirich/KnowltonIS55(1)A corporation does not violate section 55(1) of the MCFA by establishing one separate segregated fund to participate in MCFA-governed elections and one or more separate segregated funds to participate in elections governed by the laws of other jurisdictions. A corporation may solicit its Michigan employees for contributions to both separate segregated funds, provided the contributions solicited and accepted by the MCFA-governed fund conform with the requirements of section 55(6). A corporation that has received affirmative consent from contributors may continue to receive contributions to a multi-jurisdiction separate segregated fund during the remainder of 1997 while soliciting eligible employees to give affirmative consent to make contributions beginning January 1, 1998 to a Michigan only separate segregated fund. [Withdrawn: A separate segregated fund may not make expenditures in MCFA-governed elections after contributions obtained with affirmative consent are commingled with automatic contributions obtained without affirmative consent.]…. Complete text of 11/04/1997
11/2/1993SponslerDR3(4), 4(1), 6(1), 7(4), 11(1), 21(10), 31, 42(1), 44(1), 44(3), 52, 69An organization does not become a committee by merely collecting and delivering contributions its members choose to make to candidates endorsed by the organization. However, the costs incurred to manage such an operation are in-kind contributions and must be considered when determining the organization’s registration threshold and contribution limits to individual candidate committees…. Complete text of 11/2/1993
9/24/1992GromekIS3(4), 11(1), 21The process proposed to be implemented by the Judges of the Michigan Court of Appeals may trigger registration and reporting provisions of the Act…. Complete text of 09/24/1992
6/14/1990GromekIS3(4), 44If a group of individuals contribute to a joint account for the purpose of making expenditures or purchasing fund raiser tickets to support or oppose candidates, the group must file a Statement of Organization within 10 days after receiving or spending $500.00 in a calendar year. This requirement cannot be avoided by establishing an account in the name of the person responsible for administering the account or by attributing subsequent expenditures from the account to one of the original contributors. If an individual contributes to the joint account with the agreement or arrangement that the contribution will be transferred to a particular candidate committee, a violation of section 44(1) may occur…. Complete text of 06/14/1990
1/24/1984ClarksonDR3(1), 6(1), 47(1)A person who makes expenditures in order to determine whether or not to seek office is nonetheless a “candidate”. Literature, which is distributed to determine whether or not a person should seek office, is subject to the identification requirements. (Testing the Waters)…. Complete text of 01/24/1984
10/26/1983DuffDR3(4), 55A joint Michigan/Federal political action committee may operate under the Act. The committee must have a single Michigan depository and a treasurer who is a qualified Michigan elector. [Michigan treasurer and Michigan bank account are no longer required if the committee does not conduct business from an office or facility located in Michigan. Must file stipulation. Section 44(4) P.A. 95 effective June 21, 1989.]…. Complete text of 10/26/1983 - Duff
3/31/1982WelbornIS3(1), 3(4), 45(1)A person may be a “candidate” for one seat while still an incumbent, and therefore, also a “candidate” for another seat. The Candidate Committee for the office for which the person is an incumbent must be maintained until the deadline for filing for reelection to the incumbent seat has passed. An officeholder may not dissolve his or her Candidate Committee for that office until becoming “constitutionally or legally barred from seeking reelection or fails to file for reelection to that office by the applicable filing deadline”, even though the officeholder has announced his or her candidacy for another office. If a candidate simultaneously holds two Candidate Committees, and if one of the committees has a higher contribution limit than the other, and if funds are transferred from the committee having the lower limits to the committee having the higher limits, then the funds so transferred may not be transferred back…. Complete text of 03/31/1982
12/1/1981VanHeestIS3(4)The Candidate Committee of a candidate for federal office is not automatically required to comply with the registration and filing requirement of the Michigan Campaign Finance Act. Compliance may be required, however, if the federal candidate is also a candidate for state or local office or if the committee engages in finance activity within the purview of the Act. A contribution from a federal committee to a Political Party Committee that is clearly designated as being for other than campaign purposes does not constitute an “expenditure” and would not subject the federal committee to the reporting requirements of the Act…. Complete text of 12/01/1981
10/23/1981JenkinsIS3(1), 3(4), 8(2), 11(2), 45(2)A person becomes a “candidate” for purposes of the Act by raising money, even though the individual has not announced as a candidate, filed for office, campaigned, or otherwise become a candidate in the ordinary sense of the word. A committee that is not required to organize and file under the Act (i.e., does not spend or receive $200.00 or more in a calendar year) is not prohibited from receiving funds. If a group of persons raises money to support the potential candidacy of a particular individual, and if the money is raised without that individual’s consent, and if the money so raised is $200.00 or more, then the group must register as a Political Committee. Committees other than Candidate Committees are not subject to Section 45(2), and may dispose of unexpended funds in any lawful manner. [Amount changed to $500.00, P.A. 95, effective June 21, 1989.]…. Complete text of 10/23/1981 Jenkins
10/12/1981TitusIS3(1)An appointed officeholder becomes a “candidate” when the appointment is accepted. The appointment is “accepted” when the officeholder is sworn into office. [An individual shall not be considered a candidate if the individual has been appointed to fill a vacancy in an elective office if the individual has not received a contribution or made an expenditure, Public Act 167, effective May 31, 1982.]…. Complete text of 10/12/1981 - Titus
9/24/1981PetersonIS3(1)An individual does not become a candidate for purposes of the Act by merely circulating petitions…. Complete text of 09/24/1981 - Peterson
9/15/1980HancockIS3(1)An individual does not become a “candidate” for purposes of the Act by being appointed by a village council to run for village office, pursuant to the village charter…. Complete text of 09/15/1980
8/6/1980DeeringIS3(2), 5(2), 6(1), 44(2), 45(1)A “candidate committee” does not include a Federal Candidate Committee. A disbursement from a state Candidate Committee to a Federal Candidate Committee is not an “expenditure” and, therefore, may not be made by the State Candidate Committee. Joint fund raiser rules apply. However, the Federal Candidate Committee may contribute to the State Candidate Committee and may, therefore, pay more than its fair share of the joint expenses, or receive less than its fair share of the joint benefits, subject to the provisions of federal law. A Federal Candidate Committee that contributes to a State Candidate Committee is a “person” which is subject to contribution limitations…. Complete text of 08/06/1980 - Deering
2/6/1980ButlerIS3(4)A “separate segregated fund” (SSF) is a committee….. Complete text of 02/06/1980 Butler
1/29/1980OverbeckDR3(4)An out-of-state political action committee supporting candidates in Michigan is required to file a Statement of Organization and comply with the filing requirements of the Act once expenditures to support candidates in Michigan total $200.00 or more in a calendar year. [Amount changed to $500.00, P.A. 95, effective June 21, 1989.]…. Complete text of 01/29/1980
12/14/1979HazekampIS3(1)An individual becomes a candidate on the date he or she orders campaign materials…. Complete text of 12/14/1979 - Hazekamp
12/14/1979HancockDR3(1), 5(2)A person who is appointed to an elective office always becomes a candidate for that office for purposes of the Act. [An individual shall not be considered a candidate if the individual has been appointed to fill a vacancy in an elective office if the individual has not received a contribution or made an expenditure, Public Act 167, effective May 31, 1982.]…. Complete text of 12/14/1979 - Hancock
11/2/1978RileyIS3(1)A minor party candidate who has not received contributions or made expenditures is not a candidate for reporting purposes if his or her party does not qualify for the ballot…. Complete text of 11/02/1978 - Riley
11/2/1978JustianIS3(4), 47(1), 51, 52An individual, other than a candidate, can never be a committee. Nominating and ballot question petitions must have the full identification. Advertisements sold for the back of petitions must have identification. However, failure to have the identification does not invalidate the petitions. Independent expenditures by committees need only be reported on Campaign Statements. [Reporting requirements changed for independent expenditures made within 45 days before Special Election. These independent expenditures by Political and Independent Committees filed with the Secretary of State must be reported on a Special Election Independent Expenditure Report within 48 hours after they are made. P.A. 95, effective June 21, 1989.]…. Complete text of 11/02/1978 - Justian
11/2/1978HawkinsIS3(2), 21A candidate is required to form a committee regardless of how much money he or she spends or receives…. Complete text of 11/02/1978 - Hawkins
10/10/1978CollinsDR3(1)A withdrawn candidate is still a candidate for the purposes of the Act [If a withdrawn candidate does not spend or receive any money he/she is not considered a candidate for purposes of the Act. Public Act 167, effective May 31, 1982.]…. Complete text of 10/10/1978 - Collins
8/14/1978GeraldsIS3(4)A legal defense fund is not a committee unless its funds are used to influence an election…. Complete text of 08/14/1978
7/20/1970N/AAG 534455A “separate segregated fund” (SSF) established by a corporation pursuant to Section 55 of the Campaign Finance Act is a committee that is required to comply with the registration and reporting requirements of the Act. A SSF established by one corporation may not contribute to a SSF established by another corporation. A corporation may only establish one SFF…. Complete text of 07/20/1978
3/29/1978DefebaughIS8(2)To function as an Independent Committee a group must meet all 3 requirements of Section 8 of the Act. Until the 3 requirements are met, the group would function as a Political Committee with respect to contribution limits…. Complete text of 03/29/1978 - Defebaugh
3/29/1978SageIS3(4)Any Republican Women’s Federation of Michigan organization that receives “contributions” or makes “expenditures” in the amount of $200.00 or more in a calendar year to influence Michigan elections is subject to the provisions of the Act. Amount changed to $500.00, P.A. 95, effective June 21, 1989…. Complete text of 03/29/1978 - Sage
3/22/1978N/AAG #527955A corporation is prohibited from establishing a political committee for the support of state candidates but may make expenditures for the establishment, administration and solicitation of contributions for a separate segregated fund (SSF). Contributions to a SSF may be in the form of a voluntary payroll deduction plan. Contributions may only be made by persons identified in section 55 of the Campaign Finance Act. Michigan law does not specifically prohibit a corporation from establishing a political committee to support federal candidates; a prohibition does exist by virtue of federal law…. Complete text of 03/22/1978
8/9/1977WalshIS3(1),3(4)City charter commission members are candidates, even though the office is temporary…. Complete text of 08/09/1977

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