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S Snare oF MicinGAN JOCELYN BENSON, SECRETARY OF STATE DEPARTMENT OF STATE LANSING ig Gretchen Whitmer for Governor CONCILIATION AGREEMENT Pursuant to MCL §169.215(10) ofthe Michigan Campaign Finance Act (the Act), MCL. §169.201 er seq. the Secretary of State and Build « Better Michigan, «domestic nonprofit compotion, Gretchen Whitmer, and Gretchen Whitmer for Govemor, the eandidatecommitee forthe Democratic Party nominee for Governor atthe November 6, 2018 general lection (collectively, Respondent), hereby enter into conciliation agreement With respect to certain ats, omissions, methods, or practices prohibited by the Act ‘The Secretary of State allges that Respondents cooperated, consulted or ated in concert With one anther inthe creation and dissemination of two television ads containing words of express advocacy “Gretchen Whitmer | Candidate for Governor.” ‘Based onthe conclusion thatthe advertisements contained express advocacy the Secretary of Sate further alleges that there may be reason to belive that Respondents violsed the Act by fling to ally comply with the registration and disclosure requirements ofthe At. ‘While Respondents disagree with the Secretary of State's allegations and legal conclusions, and without admiting any issue of law or fact, Respondents hereby voluntarily rw ehigangoinen = (57) 399 ull Reter Michigan, e al Conciliation Agreement Page? enter into this conciliation agreement and assure the Secretary of State thi they will comply with the Act andthe Rules promulgated to imaplement the Act By executing this conciliation agreement, Respondents certify tha Build a Better “Michigan will pay a civil fine inthe amount of $37,500.00 to the State of Michigan within 60 days of excction ofthis conciliation agreement ‘The Secretary of State and Respondents agree that the failure to emit payment in accordance with the terms ofthis agreement shall constitute violation ofthis agreement While the contbutions and disbursements a sue were already inthe public record and available trough Build a Beter Michigan's lings wth the Intenal Revene Service, Build a Bette Michigan is including its reports showing the transactions at issue as Exhibit A. Respondent Build a Beter Michigan further cries that it wl not produce or disseminate ads containing words of express advocacy inthe future inclaing any future ads that include the phrase, [Name], candidate for [Offic},” and will dissolve itself within 60 days of «execution ofthis conciliation agreement. “The Secretary of State and Respondents agree that this agrsmentis in effect and «enforceable for four yeas from the date itis signed by the Seeretary of Ste or her duly authorized representative ‘The Seertary of State and Respondent further agree that tis agreement, unless violated, shall constiue a complete bar to any further ation by the Seoretary of Site with respect othe underlying cts and alleged violations that resulted in the execution of ths agreement, ineluding any action egunst any individual or entity, based on the allegation that Build a Beter Michigan's “communications contained express advocacy, and as stated in the complaints and investigation ‘that resulted inthis agreement Buill a Better Michigan, e tion Agreement ‘The Secretary of State and Respondents further agree thatthe complaints and investigation that resulted inthis agreement are disposed of and wil not be the bass for further proceedings, excep pursuant otis agrecment ‘The Secretary of State and Respondents Further agre tha ths agreement will not prevent the Secretary of State fom taking action fr violations ofthis agreement ‘The Secretary of Sate and Respondents farther agree that their performance under this agreement shall be given due consideration in any subsequent proceedings. ‘The Secretary of State and Respondent further agree that this agreement, when signed, shall become « par of the permanent public records of the Department of Stat. ‘The Seoretary of State and Respondents agree thatthe signatories below are authorized to enter into and bind the partes to this agreement, and have done so by signing this agreement on the date below. JOCELYN BENSON SECRETARY OF STATE RESPONDENTS Sally Wiliams, Director of Elections Graham M. Wilson, Counsel Joseph T. Popek, Counsel pate Go 1, 2014 Date: February 72019