The Department of State issued a declaratory ruling clarifying an exception to the lobbying gift ban regarding expenses for officials attending conferences. In the Detroit Regional Chamber Declaratory Ruling issued March 31, the department concluded a lobbyist or lobbyist agent may provide complimentary admission to public officials attending the Mackinac Policy Conference where the officials are providing a service with a value equal to or greater than the price of admission. The burden of demonstrating a public official is providing a service is on the lobbyist or lobbyist agent. An earlier ruling issued on March 10 concluded complimentary admission was an impermissible gift, but additional evidence submitted during the public comment period demonstrated public officials attending the Mackinac Policy Conference provide a service in exchange for complimentary admission. Lawmakers are currently considering Senate Bill 101, which would codify an exception to the gift ban for admission to a conference or educational event with subject matter directly related to the duties of the public official.

Q. I’ve received emails about Michigan transitioning to a new lobbyist system. What do I need to do to be able to file reports?

A. Michigan has completely overhauled their lobbyist reporting system, integrating lobbying reporting into their MiTN (Michigan Transparency Network) and MiLogin services. The old system has been sunsetted and placed in “read only mode.” Due to the old system shutting down, every lobbyist and lobbyist agent must create a new account to file reports electronically. Registrations and reports may still be completed via paper, signed, scanned, and emailed to the Secertary of State. But much like their old lobbyist system, they have disabled their old email. Now all correspondence must be sent to “MDOS-FinancialDisclosure@michigan.gov.”

The first hurdle with the new system is figuring out what portal to use to create their MiLogin profile. Individual lobbyists should use “milogin.michigan.gov.” This is a “personal” login and one that should already be used by lobbyists who are Michigan residents. This ensures an individual does not have multiple accounts. Businesses, lobbying firms, and organizations should use “milogintp.michigan.gov.”
An individual can use the MiLogin for businesses if they wish to file for multiple clients.

Once a profile is created, you must “add” the MiTN link to your MiLogin home page and create a two-factor authorization method. The next step is to link your old Michigan lobbyist information to your MiTN account. Importantly, only people who are listed on a registration, such as an employee or signatory, may file reports. The system will ask what your MiTN user role is. You may select either “Lobby Registrant” or “Lobby Data Entry.” Anyone can be labeled as “Lobby Data Entry” but, only people who are listed on a registration can be labeled as “Lobby Registrant.” Only people labeled as “Lobby Registrant” may file reports. Your account will be reviewed, and once approved, you will be able to file registrations and reports through the portal.

[For more information about the nuances of the changed system, please check out the “Registration” and “Reporting” sections of the Michigan Lobbying Compliance Laws online publication.]

The Department of State will hold a public hearing on March 18 to receive public comments on proposed changes to the Gifts Under the Lobby Act rules. The proposed changes are intended to codify two interpretive statements issued in 2024 addressing a gift loophole allowing officials to offer reimbursement for the difference between the actual gift value and the current limit. The changes are also aimed at providing additional general explanation about the regulation of gifts from lobbyists and their agents to public officials. Comments on the proposed rules may be made at the hearing, by mail, or by email at Elections-PublicComment@michigan.gov.

The Bureau of Elections posted the Lobby Registration Act 2025 Reporting Thresholds, which change every year in January to reflect the change in the consumer price index for Detroit.

The registration thresholds for individual lobbyist compensation and for employer expenditures on a single official increased from $775 to $800.

Exempt expenditures remain unchanged for 2025 at $16.

The registration threshold for an employer making lobbying expenditures increased from $3,075 to $3175 for any 12-month period.

The financial transaction threshold between a registered employer or lobbyist and a public official increased from $1,550 to $1,600.

The reporting threshold for travel and lodging reimbursements increased from $1,000 to $1,025. The monthly food and beverage expenditures allowance for a public official increased from $76 to $79, and the threshold for food and beverages purchased between January 1 and the end the reporting period remains unchanged for 2025 at $475.

Employee reimbursements increased from $31 to $32, and the general gift threshold also increased from $76 to $79.

Late filing fees increased from $31 a day up to a maximum of $930, to $32 a day up to a maximum of $960.

The Office of Secretary of State issued two interpretive statements clarifying the state’s lobbyist gift ban.

The LaBrant Interpretive Statement prohibits a lobbyist or lobbyist agent from providing a public official any gift, including tickets, if the value of the ticket is over the gift limit of $76, even if the public official reimburses the lobbyist or lobbyist agent for the value of the gift over the limit.

The Michigan Association of Health Plans Interpretive Statement indicates complimentary admission to an educational conference paid by a lobbyist or lobbyist agent for a lawmaker’s attendance is only permissible if the value of the conference admission is equal to or less than the value of the services provided by the attending public official.

Gov. Gretchen Whitmer signed House Bill 4234, permitting corporations to make administrative expenditures to non-connected separate segregated funds (SSFs).

The bill changes the definitions of contribution and expenditure to permit expenditures made by a corporation to provide for the collection and transfer of contributions to an SSF for which it is not a connected organization.

Previously these were prohibited in-kind contributions.

Contributions or expenditures made to facilitate contributions to an SSF through a payroll deduction plan also do not qualify as contributions or expenditures.

Any costs of establishing or administering a payroll deduction plan for contributions to an SSF are not considered expenditures.

The bill also removes a restriction on public bodies using public funds to set up a payroll deduction plan for political contributions from consenting employees.

Public employees may participate in payroll deductions for their labor union’s PAC and the public body is permitted to use public funds to administer the process.

The new law will be effective February 13, 2024.

Gov. Gretchen Whitmer signed three campaign finance bills effective February 13, 2024.

House Bill 5141, House Bill 5143, and House Bill 5144, prohibit distributing materially deceptive media and amend the disclaimer requirements for political ads and add definitions to the Campaign Finance Act to facilitate the implementation of the new laws.

House Bill 5144 prohibits a person from distributing materially deceptive media if all of the following apply:

• The person knows the media falsely represents a depicted individual;
• The distribution occurs within 90 days before an election;
• The person intends the distribution to harm the reputation or electoral prospects of a candidate in an election and likely to cause that result; and
• The person intends the distribution to change the voting behavior of electors in an election by deceiving the electors.

House Bill 5141 amends the disclaimer requirements for political ads, including special requirements for ads generated by artificial intelligence.

House Bill 5143 adds the definitions to the Michigan Campaign Finance Act including artificial intelligence, ballot question committee, bundling committee, and business.

The Bureau of Elections posted the Lobby Registration Act 2024 Reporting Thresholds, which change every year in January to reflect the change in the consumer price index for Detroit.

The registration thresholds for individual lobbyist compensation and for employer expenditures on a single official increased from $725 to $775.

Exempt expenditures increased from $15 to $16.

The registration threshold for an employer making lobbying expenditures increased from $2,900 to $3,075 for any 12-month period.

The financial transaction threshold between a registered employer or lobbyist and a public official increased from $1,450 to $1,550.

The reporting threshold for travel and lodging reimbursements increased from $950 to $1,000.

Monthly food and beverage expenditures allowance for a public official increased from $72 to $76, and the threshold for food and beverages purchased between January 1 and end the reporting period increased from $450 to $475.

Employee reimbursements increased from $29 to $31, and the general gift threshold also increased from $72 to $76.

Late filing fees increased from $29 a day up to a maximum of $870, to $31 a day up to a maximum of $930.

The 102nd Legislature adjourned sine die on November 14 after the House and Senate adopted House Concurrent Resolution 10 to adjourn sine die early to start the 90-day clock for the effective date of bills not receiving enough Republican support to take effect immediately.

This includes legislation changing the date for Michigan’s 2024 presidential primary election to February 27, 2024.

Lawmakers passed bills to require elected state officers and candidates to annually file a financial disclosure report by April 15 of each year.

Just before the adjournment, House Democrats temporarily lost their narrow two-seat majority when two lawmakers won mayoral elections, creating a 54-54 tie.

However, Democratic House Speaker Joe Tate noted House Rules adopted in January only require a leadership change if there is a 55-55 tie and Democrats are unlikely to lose either of their two vacant seats in special elections likely to occur next spring.

The 101st Michigan Legislature adjourned sine die on December 28, 2022, after 88 legislative days in session.

During the session, lawmakers voted to pass House Joint Resolution R to amend section 10 of article IV of the Michigan Constitution to require certain disclosures and to modify limitations on terms of office of state legislators.

The resolution requires each member of the legislature, the governor, the lieutenant governor, the secretary of state, and the attorney general to electronically file an annual financial disclosure report by April 15, 2024, and annually thereafter, including gifts, travel payments and reimbursements, and payments to a charity in lieu of honoraria made by lobbyist or lobbyist agent.

The resolution also modifies term limits in section 54 of article IV of the Michigan Constitution to prohibit anyone from being elected as a state representative or senator for terms or partial terms that combined total more than 12 years. The resolution is to be submitted to voters at the next general election and will be effective upon voter approval.

The Michigan Bureau of Elections posted the Lobby Registration Act 2023 Reporting Thresholds, which change every year in January to reflect the change in the consumer price index for Detroit.

The registration thresholds for individual lobbyist compensation and for employer expenditures on a single official increased from $675 to $725.

Exempt expenditures increased from $14 to $15. The registration threshold for an employer making lobbying expenditures increased from $2,675 to $2,900 for any 12-month period.

The financial transaction threshold between a registered employer or lobbyist and a public official increased from $1,350 to $1,450.

The reporting threshold for travel and lodging reimbursements increased from $875 to $950.

Monthly food and beverage expenditures allowance for a public official increased from $66 to $72, and the threshold for food and beverages purchased between January 1 and end the reporting period increased from $400 to $450.

Employee reimbursements increased from $27 to $29, and the general gift threshold also increased from $66 to $72.

Late filing fees increased from $27 a day up to a maximum of $810, to $29 a day up to $870 maximum.

Michigan voters overwhelmingly passed Proposal 1, a constitutional amendment requiring disclosures and modifying term limits with 66% voting yes and 34% voting no with 87% of the votes counted.

The proposal amends section 10 of article IV of the Michigan Constitution to require each member of the legislature, the governor, the lieutenant governor, the secretary of state, and the attorney general to electronically file an annual financial disclosure report by April 15, 2024, and annually thereafter, including gifts, travel payments and reimbursements, and payments to a charity in lieu of honoraria made by lobbyist or lobbyist agent.

The amendment also modifies term limits in section 54 of article IV of the Michigan Constitution to prohibit anyone from being elected as a state representative or senator for terms or partial terms that combined total more than 12 years.

This limitation does not prohibit a person elected to the office of state senator in 2022 from being elected to that office for the three times permitted at the time the person became a candidate for that office.

Incumbent Democratic Gov. Gretchen Whitmer won reelection over Republican challenger, Tudor Dixon.

As of Wednesday morning, with 87% of votes counted, Whitmer won by 9%.

Third-party candidates, including Libertarian Party candidate Mary Buzuma, Green Party candidate Kevin Hogan, Taxpayer Party candidate Donna Brandenburg and Natural Law candidate Daryl Simpson pulled in just 1.6% of the vote combined.

Michigan lawmakers introduced several new bills proposing fundamental changes for lobbying disclosure and gift laws.

Senate Bill 963 requires lobbyists to file monthly reports instead of the current schedule of twice a year. The bill also includes a two-year revolving door ban for members of the Legislature.

House Bill 5926 amends the definition of lobbying to include partisan legislative employees in the list of covered officials.

House Bill 5927 implements a gift ban, prohibiting a public official or his or her immediate family member from directly or indirectly soliciting, agreeing to accept, or accepting anything of value from a lobbyist or lobbyist agent.