《OF MICHIGAY》.pdfVIP

STATEOF MICHIGAY T ~ ~ LYNNl i l LAND,S~~llt7..41t~OF SrA TE DEPARTMENT OF STATE LANSIXG April 20,2004 Robert S. LaBrant Michigan Chamber of Commerce 600 South Walnut Street Lansing, Michigan 48933-2200 Dear Mr. LaBrant: T h s is a response to your request for a declaratory ruling under the Michigan Campaign Finance Act (MCFA), 1976P.A. 388, as amended. FACTS The Micbgan Chamber of Commerce (chamber), a non-profit corporation, intends to use its treasury funds to finance issue advocacy advertisements that, for the purposes of this request, you define as ads that discuss issues without expressfy advocating the election or defeat of the candidate who is featured in that issue ad. The chamber intends to hold meetings with the candidates and exercise exclusive direction, control, and decision-malung authority over the content, timing, location, mode, intended audience, volume of distribution, and frequency of placement of the ads. No candidate shall be allowed to organize, supervise, or create, review, accept, or modify any of the ads. The chamber may request photographs or other information from a candidate in order to produce an ad. QUESTIONS PRESENTED In light of the United States Supreme Courts McConnell decision, does the MCFA apply to any of the chambers intended issue advocacy activities? ANSWER No. The MCFA governs contributions and expenditures. Section 4 of the MCFA defines contribution, in relevant part, as [A] payment, gift, subscription, assessment, expenditure, contract, payment for services, dues, advance, forbearance, loan, or donation of money or anythng of ascertainable monetary value, or a transfer of anything of ascertainable m