One Court of Justice

The Michigan Court of Appeals reversed the trial court’s dismissal for lack of subject-matter jurisdiction a case involving a county prosecutor’s investigation of possible violations of the Michigan Campaign Finance Act (MCFA).  In Grand Traverse County Prosecutor v. Meijer, Inc. (In re Investigative Subpoenas), No. 284993, the Court of Appeals rejected the defendants’ argument that the MCFA grants exclusive jurisdiction to the secretary of state to investigate and enforce campaign finance laws.  The defendants argued that because the MCFA grants the secretary of state certain powers to investigate, enforce, and attempt to prevent campaign finance improprieties and assess civil fines, and states that the secretary may refer the enforcement of a criminal penalty to the attorney general, such grant of authority divests local prosecutors of the power to prosecute local campaign finance law crimes.  The Court determined that the statute only granted authority to the secretary of state to investigate and correct civil infractions, but not to prosecute criminal violations of the act.  The Court of Appeals concluded that the statute created two distinct methods of enforcing the MCFA: civil actions pursued by the secretary of state and criminal prosecutions initiated by county prosecutors or the attorney general.  Neither enforcement mechanism is exclusive.