The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL


Opinion No. 5200

May 24, 1977

ELECTIONS:

Date of receipt of qualifying contributions.

STATE CAMPAIGN FUNDS:

Date of receipt of qualifying contributions.

Contributions made to a candidate's committee in accordance with 1976 PA 388 after April 1, 1977 and prior to June 1, 1977 are eligible for state matching funds if the candidate's committee files its statement of organization up to and including July 1, 1977.

Mr. Richard H. Austin

Secretary of State

Michigan Department of State

Treasury Building

Lansing, Michigan

You have requested my opinion on the following questions:

'1. Should the Secretary of State consider contributions made after April 1, 1977, and prior to the filing of a statement of organization, as 'qualifying contributions' even though a statement of organization cannot be filed until June 1, 1977?

'2. May the apparently inconsistent provisions of the act be clarified by promulgating administrative rules allowing such contributions to be considered 'qualifying contributions' if the candidate has submitted (as opposed to filed) a statement of organization to the proper filing officer? This would presuppose the administrative rules could be promulgated by April 1, 1977.

'3. What should be the position of the Secretary of State if administrative rules are promulgated at a date subsequent to April 1, 1977, but prior to June 1, 1977?'

1976 PA 388; MCLA 169.201 et seq; MSA 4.1703(1) et seq, was enacted by the legislature to regulate the financing and reporting of political campaign receipts and expenditures, to provide for the use of public funds for political purposes, and to otherwise regulate political activity. Although the legislature gave immediate effect to 1976 PA 388, supra, it expressly provided that Sections 21 to 34, Sections 36 to 55, and Section 81 were not to be effective until June 1, 1977 and Section 35 was not given effect until June 30, 1978. Further, the penalty provisions of 1976 PA 388, supra, were delayed so as not to apply to any act or omission occuring before December 1, 1977. 1976 PA 388, supra, Sec. 82.

For purposes of the Act, the legislature has defined the term 'qualifying contributions' in 1976 PA 388, supra, Sec. 12(1) to mean a contribution of money of not more than $100 made by a written instrument by a person other than the candidate or the candidate's immediate family if it is made to the candidate committee of a candidate for the office of governor after April of the year preceding a year in which a governor is to be elected. 1976 PA 388, supra, Sec. 3(2) defines the term 'candidate committee' to mean the committee designated in a candidate's filed statement of organization as that individual's candidate committee. These two statutory provisions, while definitional in nature, were immediately effective on December 30, 1976.

In 1976 PA 388, supra, Sec. 21(1), not effective until June 1, 1977, the legislature has imposed a duty upon a candidate to form a candidate committee. The campaign committee so formed must comply with 1976 PA 388, supra, Sec. 24(1), which in pertinent part provides:

'A committee shall file a statement of organization with the filing officials designated in section 36(1) to receive the committee's campaign statements. A statement of organization shall be filed within 10 days after a committee is formed. A committee in existence at the effective date of this section shall file a statement with the appropriate filing officials within 30 days after the effective date of this section.' [Emphasis supplied.]

These provisions are likewise not effective until June 1, 1977.

The copy of the campaign statement of the candidate committee for a candidate for the office of governor shall be filed with the Secretary of State and with the clerk of the county of residence of the candidate as required by 1976 PA 388, supra, Sec. 36(1). This provision is also effective June 1, 1977.

The legislature has also made provision for the public financing of the campaigns for certain public offices in 1976 PA 388, supra, Secs. 61 through 71. Basically, these provisions create a state campaign fund to be comprised of sums credited against individual income tax liability by designation of the taxpayer for the fund. Candidates for the office of governor raising not less than 5 percent of the designated spending limit of $1,000,000 for the office of governor for the primary election, may receive from the state campaign fund an amount equal to $2 for each $1 of such qualifying contributions subject to certain conditions. In the general election the candidate may receive $1 for each $1 of qualifying contributions. One of these conditions is found in 1976 PA 388, supra, Sec. 62(1), which provides, in pertinent part, as follows:

'Only a candidate who established a single candidate committee which submitted a statement of organization according to procedures established by law may receive moneys under this act. . . .'

It must be observed that 1976 PA 388, Secs. 61 through 71, supra, are not effective until June 1, 1977.

The legislature has also delayed the effectiveness of 1976 PA 388, supra, Sec. 81(1) specifically repealing, inter alia, 1954 PA 116, Sec. 905; MCLA 168.905; MSA 6.1905, providing that no person who was not a candidate or the treasurer of the political committee shall pay, give, or lend or agree to do so, contribute any money for any election expenses except to a candidate or political committee. The repeal is effective June 1, 1977. Thus, the present law allows a candidate for governor to form a political committee to receive political contributions after April 1, 1977.

The fact that the legislature gave immediate effect to some but not all of these provisions lends the statute an ambiguous character more apparent than real. The primary rule of statutory interpretation is to ascertain and give effect to the intention of the legislature. Dussia v Monroe County Employees Retirement System, 386 Mich 244; 191 NW2d 307, aff'g 27 Mich App 398; 183 NW2d 583 (1971). Legislative intent is to be ascertained not from a particular expression or provision, but from a reading of the whole statute in light of the general purpose sought to be accomplished. Thus, it is necessary to give effect to every word, sentence and section with a view of wherever possible producing a harmonious and consistent whole enacted statute. City of Grand Rapids v Crocker, 219 Mich 178; 189 NW 221 (1922), Mason County Civil Research Council v Mason County, 343 Mich 313; 72 NW2d 292 (1955), Roberts Tobacco Co v Department of Revenue, 322 Mich 519; 34 NW2d 54 (1948).

Applying these principles, it is necessary to read 1976 PA 388, Sec. 3(2), 12(1), 21(1), 24(1), 36(1) and 62(1), supra, together in light of the purposes of the Act. In doing so, the legislative intent becomes manifest. In order for contributions to be considered 'qualifying contributions' they must be made after April 1 of the year preceding a year in which a governor is to be elected. The contributions must be by a written instrument by a person other than the candidate or the candidate's immediate family made to the candidate committee of a candidate for the office of governor in an amount which is $100 or less. The candidate committee is required to file a statement of organization within 10 days after a committee is formed, except that 'a committee in existence' on June 1 of 1977, the effective date of 1976 PA 388, Sec. 24(1), supra, shall file a statement with the Secretary of State and the county clerk of the county of residence of the candidate within 30 days after June 1, 1977. By incorporating this precise statutory language into 1976 PA 388, Sec. 24(1), supra, the legislature has evidenced its clear intent that a candidate committee can be formed prior to June 1, 1977 to receive qualifying contributions after April 1, 1977, the year preceding the year 1978 when the governor is to be elected. 1976 PA 388, Sec. 12(1), supra. While such a candidate committee is not mandated by the legislature through express provision of 1976 PA 388, supra, prior to June 1, 1977, when Section 24(1), supra, thereof becomes effective, such committees are presently authorized by 1954 PA 116, Sec. 905, supra. This provision is presently operative and will not be repealed until June 1, 1977. 1976 PA 388, Sec. 81(1), supra.

Such a reading of 1976 PA 388, supra, is consonant with the statutory provision that only a candidate who established a single candidate committee which submitted a statement of organization according to procedures established by law may receive monies under this Act. 1976 PA 388, Sec. 62(1), supra. The only monies that may be received under this Act are those provided for in 1976 PA 388, Secs. 61 through 71, supra, from the state campaign fund. A candidate for the office of governor who announces his candidacy and forms a candidate's committee after April 1, 1977 and prior to June 1, 1977 will be eligible to receive monies from the state campaign fund if his candidate committee files a statement of organization within 30 days after June 1, 1977, the effective date of 1976 PA 388, Sec. 24(1), supra, provided that the candidate's committee receives a sufficient amount of 'qualifying contributions' after April 1, 1977 and otherwise complies with the Act.

It is, therefore, my opinion that the Secretary of State shall consider contributions made after April 1, 1977 as 'qualifying contributions' in accordance with 1976 PA 388, Sec. 12(1), supra, even though the candidate's committee does not file its statement of organization up to and including July 1, 1977. The answer to your first question is in the affirmative.

The answer to your first question makes it unnecessary for me to consider your remaining questions.

Frank J. Kelley

Attorney General