R 168.368
R 168.368 Transfer of funds; federal candidate committee to state or local candidate committee of the same candidate.
Cite as Mich. Admin. Code R 168.368
Rule 18. (1) Transfers from a federal candidate committee to a state or local candidate
committee of the same candidate are contributions, and unexpended funds may be
transferred if all of the following apply:
(a) Federal law and rules allow for the transfer.
(b) The contribution limits for the state or local candidate committee receiving the funds
are equal to or greater than the contribution limits for the federal candidate committee
transferring the funds.
(c) The funds coming from the federal candidate committee have been raised in
compliance with the act. This means that if the federal committee has received prohibited
funds, such as non-affirmative consent funds or corporate funds, those contributions must
be segregated by a reasonable accounting method and are not eligible to be transferred to
the state or local candidate committee.
(2) The transferring federal candidate committee shall report the transfer of funds as
required by federal law. The recipient state or local candidate committee shall report the
transferred funds as follows:
(a) If the funds were raised by the federal candidate committee after the candidate formed
or was required to have formed a new candidate committee to run for state or local office
and therefore required to be itemized, the committee shall report receipt of the transferred
funds by attributing each of the original contributors, the amount from each person, and
the date of the transfer as the date of the contribution on the designated schedule. A letter
must be submitted with the campaign statement detailing which contributions have been
transferred and showing the original contribution dates reported in the transferring
committee’s campaign statements. An attached document or file, such as an Excel
spreadsheet, can be used to provide this information.
(b) If the funds are not required to be itemized and attributed to a specific contributor,
the state or local candidate committee reports receipt of the transferred amount as a lump
sum on the designated schedule. The source of the other receipt must be reported as the
transferring committee and the type of receipt must be indicated as “Other: transfer of
unexpended funds” with the date and amount of the transfer.