Executive Directive 2019 - 04

Section 57 of the Michigan Campaign Finance Act, 1976 PA 388, as amended, MCL 169.257, prohibits an individual acting for a state agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of state government from using funds, personnel, office space, computer hardware or software, property, stationery, postage, vehicles, equipment, supplies, or other public resources to make a contribution or expenditure or provide volunteer personal services that are excluded from the definition of contribution by the Act.

Sections 1-12 of the rules of the Michigan Civil Service Commission prohibit state classified employees from engaging in unauthorized political activities while on duty and prohibits the levying, solicitation, collection, or payment of any type of political assessment, or the authorizing or ordering of any such activity in the state classified service.

It is in the public interest to protect state government and state employees from any appearance of improper political influence connected with the solicitation or receipt of political contributions in state government facilities.

Acting pursuant to Article 5, §§ 1 and 8 of the Michigan Constitution of 1963, I therefore direct the following:

1. Department directors and autonomous agency heads shall prohibit the solicitation and receipt of political contributions in all state government facilities under their control, including buildings and grounds.
2. Department directors and agency heads shall revise existing departmental or agency policies and procedures as necessary to conform with this directive, the Michigan Campaign Finance Act, and related civil service rules.  Department directors and agency heads also may issue reasonable written work rules to implement this directive, the Michigan Campaign Finance Act, and related rules of the Michigan Civil Service Commission.
3. This directive applies to all departments and autonomous agencies within the executive branch of state government.
4. Department directors, agency heads, and supervisors are responsible for familiarizing employees with this directive and with departmental or agency policies, procedures, issuances, and work rules implementing this directive and for enforcing compliance within the scope of their authority.
5. Nothing in this directive should be construed to limit the continuing obligation of all persons within the executive branch of Michigan state government to comply with applicable provisions of state and federal law regulating political contributions and other political activities.
6. This directive is not intended to amend or modify the Michigan Campaign Finance Act or rules of the Michigan Civil Service Commission relating to political activity.
7. As used in this directive:
   
   a. “Political contribution” means a contribution as defined in § 4 of the Michigan Campaign Finance Act, 1976 PA 388, as amended, MCL 169.204, and also includes a contribution as defined in section 431(8) of the Federal Election Campaign Act of 1971, 2 USC 431(8); and
   
   b. “State government facility” means any public building or real property owned by the State of Michigan, either directly or by or through any executive branch department or agencies and includes that part of any publicly-owned or privately-owned building or real property leased or operated by the State of Michigan, either directly or by or through any of its executive branch departments or agencies.  State government facility does not include any public building or real property owned by a state university or any part of any privately-owned building or real property leased or operated by a state university.

Your cooperation in complying with this directive is appreciated.

Click to view the full PDF of the executive order.