Primary Sponsors



Menu

Make a New Account

Username:

Password:



Forget your username or password?


Zarko Research / Chetly Zarko Ad

Statewide Resources
Blogs
- OutsideLansing.com
- RightMichigan.com
- That's Saul, Folks
- Republican Michigander
- Jack Hoogendyk's Core Principles
- Akindele Unleashed
-
Michigan Republican National Hispanic Assembly Blog
-
John Patrick Yob
- Justin Zatkoff
- Equality Talk & Equality Wiki
- Lunchbucket Conservative - Brian Koss
- Michigan Taxes Too Much
The "Open" Left
- Arblogger
- Christine Barry
News
- Gongwer (subsc.)
- Lansing State Journal
- MIRS News (subsc.)
- Edwards Notebook (Detroit Radio Talk)
Other
- Mackinac Center
- Acton Institute
- Education Action Group
- Tax Referendum & Choice petition
- Part Time Legislature petition

Independent Blogs - Blog Catalog Blog Directory

Event Calendar
September 2010
(view month)
S M T W R F S
* * * 01 02 03 04
05 06 07 08 09 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 * *
<< (add event) >>

Search




Advanced Search





You Tube Page & Hits

CMU Dean Hits Student Camera!


Mich Dem. Chair Swats at Zarko Camera!


Google Video Pages

Duncan Hunter Speaks!


Leon Drolet Speaks about Recalls.

Highlights and Ads

Participate! Make a New Account
Username: Password:
Forget your username or password?

Does Democrat Meisner's Giant Billboard Violate Campaign Finance Rules and a Proposal

by: chetly

Wed Jul 02, 2008 at 22:15:11 PM EDT


Meisner BillboardPictured is Democrat candidate (for Oakland County Treasurer, running against incumbent  Patrick M. Dohany, who has helped maintain Oakland County's rare Triple A bond rating) Andy Meisner's giant mobile billboard, which has no campaign finance disclosure "Paid for" with address printed on it.  While I believe it was an oversight, Meisner should correct the situation by printing some kind of adhesive addendum.  The pictures demonstrate how much space is available, and we are not aware of any Secretary of State rules exception (there are exceptions for buttons, pens, and other items that don't have the physical space to permit a disclosure line).  Meisner is a term-limited state representative, so he should be aware of the regulations, which apply to county wide candidates as well.

I would note that Meisner was quite polite when I approached him about another issue - the Democrats "sitting on legislation."  While I didn't raise the billboard disclosure issue, I asked Meisner to help move a bi-partisan "no-brainer" proposed by Republican Marty Knollenberg, ironically on a campaign finance issue.  The "no-brainer" is something I noticed personally last year when studying the issue of proposed Constitutional Convention, which is a question that might come up in 2011 if the people of Michigan vote yes to have a convention when the question appears on the November 2010 ballot (by law, every 16 years, the question of whether to hold the convention appears on the ballot).  After I noticed it, I told my friend and my representative (and client, as a matter of full disclosure about my bias, but this issue speaks for itself on the merits) Marty Knollenberg, who agreed with me it was a clear oversight and loophole, and proposed legislation to resolve it.

While I oppose a Con-Con, if it occurs, there is currently no provision in Michigan's Campaign Finance Act to require Con-Con delegate candidates to report anything -- that is, it is a loophole.  Since Con-Con delegates represent districts of the same size as state representatives (and state senators in a unicameral combination of the two), and the Constitution is arguably of paramount importance, if campaign finance law should apply to state representatives it should apply to convention delegates equally.  

Meisner with BillboardImagine Jon Stryker and Ward Connerly and others from anywhere pumping non-transparent dollars into  148 Convention Delegate races?  This is a bi-partisan issue - the oversight occurred because the MCFA was passed in the late seventies after the 1963 Constitution was adopted, and convention delegates are such rare races that I suspect no one even thought about it.  The only reason that I can see Marty Knollenberg's proposal to add Con-Con delegate to the defintion of reporting offices is not being taken up is that the Democrats don't want to give a Republican any credit.  According to MichiganVotes.com, Marty's bill, the bill has languished with no activity since October 24, 2007, despite it even be co-sponsored in a bi-partisan way by Democrat Fred Miller.

I told Meisner the whole "sitting on bills" issue also suggests a second reform (oddly, "Reform Michigan Now" didn't address this in its 38 Con-Con-like changes) -- require that every bill that's proposed be voted upon within a certain time frame, regardless of sponsor, and prohibit stalling of bills or the Speaker from reassigning sponsorship of bills.  This too would cut both ways - Democrats often express frustration at the Senate Republican leadership's use of this tactic, but if Democrats use it on the House side it would be foolish for the Republicans to unilaterally disarm on the Senate side.  Change the rules in both.  Let's get our legislators on the record on issues and ideas - we don't pay them to sit on ideas, intentionally sweep them under the rug, abstain, or use tricks of parliamentary procedure to avoid them.

Those are simple reforms.  They may seem individually small or trivial.  But good reform is built incrementally (not radically or in "log-rolled" packages of 38 changes), and it is built by bi-partisan forces taking action.

So, Andy Meisner, and Andy Dillon, you can start by applying the same rules to Constitutional Convention delegates as to representatives.  I can't imagine the argument why not (Meisner suggested that the next Con-Con might be years away, but it also might only be in 2 years -- either way, the time to act is in advance, not at the last minute).  Then, if you're really horny for "change," let's change the rules of procedure to prevent parliamentary tricks on both sides.

chetly :: Does Democrat Meisner's Giant Billboard Violate Campaign Finance Rules and a Proposal
Tags: , , , , (All Tags)
Print Friendly View Send As Email
It doesn't look legal to me. (0.00 / 0)
For is considered one of the old time "magic words." Any reasonable person would says that this ad is supporting Andy Meisner for Treasurer.

I wouldn't toss someone in jail over this, but it does certainly have me question the individuals judgment.

http://www.legislature.mi.gov/...

169.247 Printed matter or radio or television paid advertisement having reference to election, candidate, or ballot question; names and addresses; rules; exemptions; statement that payment made "with regulated funds"; violation as misdemeanor; penalty.
Sec. 47.

(1) Except as otherwise provided in this subsection and subject to subsections (3) and (4), a billboard, placard, poster, pamphlet, or other printed matter having reference to an election, a candidate, or a ballot question, shall bear upon it the name and address of the person paying for the matter. Except as otherwise provided in this subsection and subject to subsections (3) and (4), if the printed matter relating to a candidate is an independent expenditure that is not authorized in writing by the candidate committee of that candidate, the printed matter shall contain the following disclaimer: "Not authorized by any candidate committee". An individual other than a candidate is not subject to this subsection if the individual is acting independently and not acting as an agent for a candidate or any committee.

(2) A radio or television paid advertisement having reference to an election, a candidate, or a ballot question shall identify the sponsoring person as required by the federal communications commission, shall bear the name of the person paying for the advertisement, and shall be in compliance with subsection (3) and with the following:

(a) If the radio or television paid advertisement relates to a candidate and is an independent expenditure, the advertisement shall contain the following disclaimer: "Not authorized by any candidate".

(b) If the radio or television paid advertisement relates to a candidate and is not an independent expenditure but is paid for by a person other than the candidate to which it is related, the advertisement shall contain the following disclaimer:

"Authorized by ............................................".
(name of candidate or name of candidate committee)

(3) The size and placement of an identification or disclaimer required by this section shall be determined by rules promulgated by the secretary of state. The rules may exempt printed matter and certain other items such as campaign buttons or balloons, the size of which makes it unreasonable to add an identification or disclaimer, from the identification or disclaimer required by this section.

(4) Except for a candidate committee's printed matter or radio or television paid advertisements, each identification or disclaimer required by this section shall also indicate that the printed matter or radio or television paid advertisement is paid for "with regulated funds". Printed matter or a radio or television paid advertisement that is not subject to this act shall not bear the statement required by this subsection.

(5) A person who knowingly violates this section is guilty of a misdemeanor punishable by a fine of not more than $1,000.00, or imprisonment for not more than 93 days, or both


Speaking of (0.00 / 0)
I agree that one shouldn't make a huge deal out of it, and I asked both David Woodward and the campaign to simply correct it by adding an adhesive to the banner.  If they do that within a reasonable time, I won't bother raising the issue to the Sec. of State.

[ Parent ]
Sloppiness v deceitfulness (0.00 / 0)
I turned the MEA in to the Sec of State for their lack of disclaimer on a mailing, but that was intentional deceit since they wanted to hide their East Lansing address in a local school board race. Both the disclaimer and return address was missing. One I'd overlook. Two I don't.

I made one mistake once in an org I was once treasurer. It got past the chair and it was questionable whether it needed it or not. Nobody turned us in for it, but we always crossed our t's and dotted our i's. Any communication from that organization has it on there, even the press release when the cost was $0. Better safe than sorry is our motto.  


[ Parent ]
Thanks (0.00 / 0)
RM, thanks.  Good to have the black and white letter of the law there for readers too, which also suggests the reason for rule.  The reason is that it allows voters to ascertain the source of the communication -- whether independent or the candidate.  Having seen several unethical campaigns that "spoof" messages to make it look like the source is something it is not, I support that level of transparency in communication.

I'm not as convinced about campaign finance laws in terms of limits (despite allegedly helping the "little guy" by "limiting the bigger guys," the limits work in some ways to actually benefit special interests since the rules are arcane and PACs get preferential treatment and higher limits -- I'd favor raising the limits for individuals and not PACs, or otherwise equalizing that ratio -- the big guys, like Stryker, or worse, Fieger, will find their ways around it, and the medium sized folks that might want to support a friend for a medium amount can't have more impact than $500, which has been deflated by inflation for 30 years), but if you're going to have them they should be on all offices, and I'm in favor of full transparency in reporting (that is reporting what you get is more important than limiting it).


I don't like the limits (0.00 / 0)
While the limits are great for guys like me who specialize in treasury work, it's bad overall. I support timely full  disclosure (possible in the internet age and MERTS) and no limits. Where the money comes is more important than how much money is spent.

Right now, I don't see anything outside of the treasurer's name until late July. After that, I don't see anything for the general at all until October. That's really too late to raise as an issue.  


[ Parent ]
Primary Sponsors
Shifman Carlson Law Firm

0 user(s) logged on.

About Oakland Politics
- Purpose
- Rules of Civil Conduct
- Editorial Policy
- Copyright and Terms

Business Services
- Advertising
- Rate Card
- Membership

- Sister Sites, Web-design, & Political Services

Other
- Facebook Group
- E-mail us -

Feeds & Subscriptions

- Powered by FeedBurner
-  Front Page RSS Feed
- New Diary RSS Feed
- E-mail Me the Feed

Enter your email address:

Delivered by FeedBurner


Oakland County Resources


News
- The Oakland Press
- The Detroit News
- The Detroit Free Press
- Hometown Life - Observer & Eccentric Papers
- The Spinal Column
- The Metro Times
- Hour Detroit Magazine
- Local Radio & TV List
- Write a Letter to Your Editor

-Organizations
- Oakland County Republican Party (OCRP)
- Oakland County Young Republicans (OCYR)
- North Oakland Republican Club (NORC)

Blogs

- Royal Oak Soundoff
- Birmingham Buzz
- Thomas Gagne
- Dave Lambert
- Mike Reno *
- Steve Sutton
- Chetly Zarko
- Wolverine Republicans
* = elected official

Cities & Localities

- Addison Township
- City of Auburn Hills
- City of Berkley
- City of Birmingham
- City of Bloomfield Hills
- Bloomfield Township Public Library
- Bloomfield Township
- Brandon Township Library
- Brandon Township
- City of the Village of Clarkston
- City of Clawson
- Commerce Township
- City of Farmington
- City of Farmington Hills
- City of Ferndale
- Village of Franklin
- Groveland and Brandon Townships
- Groveland Township
- City of Hazel Park
- Highland Township
- Holly Township
- City of Huntington Woods
- Independence Township
- City of Keego Harbor
- Lake Angelus
- Village of Lake Orion
- Lathrup Village
- Village of Leonard
- Lyon Township
- City of Madison Heights
- Milford Township
- City of Novi
- Novi Township
-
Oakland Township
- City of Oak Park
- City of Orchard Lake
- Orion Township
- Oxford Township
- City of Pleasant Ridge
- Official City of Pontiac
- City of Rochester
- City of Rochester Hills
- Rose Township
- City of Royal Oak
- Royal Oak Township
- City of Southfield
- Southfield Township
- City of South Lyon
- Springfield Township
- Springfield Township Library
- City of Sylvan Lake
- City of Troy
- "Talk of Troy"
- City of Walled Lake
- Waterford Township
- West Bloomfield Township
- White Lake Township
- City of Wixom


County Government
County Executive
L. Brooks Patterson
County Clerk
Ruth Johnson
County Sheriff
Michael Bouchard
County Prosectuor

County Treasurer

County Drain Comm.
John McCulloch

25 County Commissioners

Advertise Here
Email us to Advertise Here.


Copyright © 2007, 2008, 2009, Chetly Zarko, All Rights Reserved. A production of Zarko Research & Consulting.

Thank You!
Powered by: SoapBlox