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State of Michigan
BUREAU OF ELECTIONS
Lansing
LEGAL DEFENSE FUND ACT
The Legal Defense Fund Act (LDFA) was passed in 2008 to regulate and require reports for contributions and expenditures made to assist elected officials in defending themselves against a criminal, civil or administrative action arising directly out of the conduct of the elected official's governmental duties.
A Legal Defense Fund (LDF) is defined as all contributions received, held, or expended for the legal defense of an elected official. An exception exists for certain 501(c) (4) organizations.
The LDFA covers public officials who are elected or appointed to state and local level elected offices. Public officials covered under the LDFA are referred to as "Elected Officials." The LDFA does not regulate precinct delegates, certain school board members and those elected or appointed to federal offices.
The elected official may designate a treasurer for the LDF. In the absence of a designated treasurer, the elected official is the treasurer of the LDF. Treasurers are legally responsible for the LDF activities and filing responsibilities along with the elected official.
Yes, a LDF must be filed even if the elected official uses only his or her own money. The elected official's own money or property is considered a contribution and is, therefore, covered under the LDFA. Use of the official's homestead is not considered a contribution.
No. Section 21a of the Michigan Campaign Finance Act limits the use of those funds which does not include funding a Legal Defense Fund.
The elected official must file a Statement of Organization with the Michigan Department of State for the Legal Defense Fund (LDF) within 10 calendar days after receiving the first contribution or making the first expenditure. The LDF shall only make legal expenditures in defending the elected official against a criminal, civil or administrative action arising directly out of the conduct of the elected official's governmental duties. The Secretary of State is the only filing official for Legal Defense Funds. The requirement to file is triggered immediately after any contribution is received or expenditure is made regardless of amount. There is no fee for registering the LDF itself; however there are late filing fees if the Statement of Organization is filed late.
The Statement of Organization can be found at the Department of State's website at www.michigan.gov/elections.
The information on the Statement of Organization must be kept up to date. If information changes or needs to be corrected, an amendment to the Statement of Organization must be filed when the next transaction report is required to be filed.
The LDF must file Quarterly Transaction Reports that are due regardless of the level of activity of the LDF during the reporting period. This means that a report is owed even if the LDF does not raise or spend any funds during a reporting period. Reports that are not filed on time will result in late filing fees. There is no provision in the LDFA for a waiver of the reports.
The Quarterly Transaction Reports show the contributions received and the expenditures made during the coverage period of the report. This is done by filing report schedules to disclose the activity.
As long as the Legal Defense Fund is registered, reports must be filed according to the following schedule:
| REPORT DUE | REPORT CLOSE |
|---|---|
| January 25 | December 31 |
| April 25 | March 31 |
| July 25 | June 30 |
| October 25 | September 30 |
An LDF that no longer receives contributions or makes expenditures must file a final dissolution report showing how any leftover funds of the LDF were expended. Review: When can the Legal Defense Fund be dissolved?
Yes. An elected official who fails to file a Statement of Organization will be assessed a late filing fee of $10.00 for each business day the statement remains un-filed to a maximum of $300.00.
An elected official who fails to file a Quarterly Transaction Report will be assessed a late filing fee. If the legal defense fund has received contributions totaling $10,000.00 or less during the previous 2 years, the late filing fee is $25.00 for each business day up to $500.00. If the legal defense fund has received contributions totaling more than $10,000.00 during the previous 2 years, the late filing fee cannot exceed $1,000.00.
Filings for the LDF are made with the Michigan Department of State's Bureau of Elections.
The following address should be used to reach us by first class mail, registered mail or certified mail.
Michigan Department of State
Bureau of Elections
Post Office Box 20126
Lansing, Michigan 48901-0726
Email: MDOS-FinancialDisclosure@Michigan.gov
To visit our office or use an overnight delivery service, the following address is provided.
Michigan Department of State
Bureau of Elections
Richard H. Austin Building, 1st Floor
430 West Allegan Street
Lansing, Michigan 48918-1700
A LDF can accept contributions of money and goods/services from a business, individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, labor organization, company, corporation, association, committee, or any other organization or group of persons acting jointly. A contribution includes the official's own money or property with the exception of his/her homestead. A discount given that is not offered to the general public is considered a contribution.
Yes, there are a number of prohibited contributions:
Yes, a contribution that is expressly and unconditionally rejected returned or refunded within 30 business days after receipt is no longer considered a contribution.
All expenditures out of the fund must be used for the administration of the fund, attorney fees or related legal costs associated with the legal defense of the elected official for whom the fund was established. The funds cannot be used for media purposes, media consulting or mass mailings.
A LDF can be dissolved when it will no longer receive contributions or make expenditures. The LDF is dissolved by requesting dissolution on the final Quarterly Transaction Report filed by the LDF. The Report must show how the funds in the LDF were fully expended. Leftover funds can be returned to contributors of the fund, forwarded to the state treasurer for deposit into the general fund of the state or forwarded to the State Bar of Michigan for deposit into the state bar client protection fund.
A LDF that is not dissolved must continue to file Quarterly Transaction Reports until it has met all of the requirements of the LDFA and is granted dissolution by Department of State.
A treasurer is responsible for keeping the LDF records for 5 years and must make them available to the Secretary of State if requested.
The Department of State will provide a web site with information and copies of the documents that are filed by the LDF and letters and notices issued by the Department to the LDF. Filings receive from the LDF will be available on the web site within 3 business days.
If you have further questions concerning the Legal Defense Fund Act, please feel free to contact the Michigan Department of State.
Michigan Department of State
Bureau of Elections
Post Office Box 20126
Lansing, Michigan 48901-0726
Email: MDOS-FinancialDisclosure@Michigan.gov
To visit our office or use an overnight delivery service, the following address is provided.
Michigan Department of State
Bureau of Elections
Richard H. Austin Building, 1st Floor
430 West Allegan Street
Lansing, Michigan 48918-1700
