Secretary of State Review of Municipal Campaign Finance Complaints

If a person wants to file a complaint for a campaign finance violation (complaint) and the complaint arises out of a municipal campaign finance matter, current law requires the complaint to be filed with the clerk of the applicable municipality (clerk) rather than with the secretary of state (secretary). The bill allows a clerk to refer a complaint that arises out of a municipal campaign finance matter to the secretary if the municipality in which the complaint was filed has adopted an ordinance that :

• Does not have a campaign finance complaint ordinance and hearing process in place; or
• Does have a campaign finance complaint ordinance and hearing process in place but the clerk determines that the clerk's review of the complaint would create a conflict of interest for the clerk or the clerk's staff.
• Authorizes the municipality to refer a campaign finance complaint to the secretary based on an actual or potential conflict of the clerk or the clerk's staff, as determined in writing by the clerk; or
• Authorizes the municipality to refer a campaign finance complaint to the secretary because the municipality does not have a campaign finance complaint and hearing process.

Before referring a complaint to the secretary, a clerk is required to review the complaint to determine if it was filed in writing, signed by the complainant, and identifies one or more respondents. If the complaint does not satisfy these 3 criteria, the clerk is required to dismiss it, and if it does, the clerk is required to refer it to the secretary. The secretary is required to treat a complaint referred by a clerk in the same manner as any other complaint filed with the secretary. To refer a campaign finance complaint to the secretary a municipality must provide a copy of the ordinance to the secretary within 180 days of the election. The bill specifies certain criteria that a municipal ordinance that authorizes the a municipality to refer a campaign finance complaint to the secretary must satisfy. A clerk is required to provide notice to a person who files a complaint if the clerk dismisses the complaint or refers the complaint to the secretary. A municipality is required to cooperate with the secretary in the review, investigation, and determination of any campaign finance complaint referred to the secretary. If the secretary receives a campaign finance complaint referred by a clerk the secretary is required to deem the complaint filed with the secretary on the date of receipt from the clerk, and the secretary is required to ensure that the complaint is addressed in accordance with the requirements of the bill. In addition, if the complaint is referred by a home rule municipality, the secretary is required to apply the substantive provisions of the home rule municipality's local law in processing, investigating, and resolving the complaint.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)