§30113 — Title 52 Voting and Elections | U.S. Code

Summary

People who must file campaign reports under federal law must also give a copy to the State’s Secretary of State or another State officer who keeps election reports. The State’s top executive must pick that officer and tell the Commission. For President or Vice President campaigns, a copy goes to every State where money is spent for the candidate. For Senate or House (including Delegates or Resident Commissioners), a copy goes to the State where the candidate is running. Political committees that are not the candidate’s authorized committee only have to file—and the State only has to keep—the parts of the report that relate to candidates running in that State. The State officer must take in and keep the reports in order. They must keep them for 2 years. They must let the public see and copy any report within 48 hours during business hours, and the person copying pays the cost. The officer must also keep an up-to-date list of reports for each candidate. If the Commission finds a State already gives electronic access to the Commission’s reports, these State filing and keeping rules do not apply to that State.

Title 52, §30113

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(a)(1)A copy of each report and statement required to be filed by any person under this Act shall be filed by such person with the Secretary of State (or equivalent State officer) of the appropriate State, or, if different, the officer of such State who is charged by State law with maintaining State election campaign reports. The chief executive officer of such State shall designate any such officer and notify the Commission of any such designation.

(2)For purposes of this subsection, the term “appropriate State” means—

(A)for statements and reports in connection with the campaign for nomination for election of a candidate to the office of President or Vice President, each State in which an expenditure is made on behalf of the candidate; and

(B)for statements and reports in connection with the campaign for nomination for election, or election, of a candidate to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, the State in which the candidate seeks election; except that political committees other than authorized committees are only required to file, and Secretaries of State required to keep, that portion of the report applicable to candidates seeking election in that State.

(b)The Secretary of State (or equivalent State officer), or the officer designated under subsection (a)(1), shall—

(1)receive and maintain in an orderly manner all reports and statements required by this Act to be filed therewith;

(2)keep such reports and statements (either in original filed form or in facsimile copy by microfilm or otherwise) for 2 years after their date of receipt;

(3)make each report and statement filed therewith available as soon as practicable (but within 48 hours of receipt) for public inspection and copying during regular business hours, and permit copying of any such report or statement by hand or by duplicating machine at the request of any person, except that such copying shall be at the expense of the person making the request; and

(4)compile and maintain a current list of all reports and statements pertaining to each candidate.

(c)Subsections (a) and (b) shall not apply with respect to any State that, as determined by the Commission, has a system that permits electronic access to, and duplication of, reports and statements that are filed with the Commission.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsecs. (a)(1) and (b)(1), means the Federal Election Campaign Act of 1971, as defined by section 30101 of this title. Codification Section was formerly classified to section 439 of Title 2, The Congress, prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 312 of Pub. L. 92–225 was renumbered section 308, and is classified to section 30108 of this title. Another prior section 312 of Pub. L. 92–225 was renumbered section 311, and was classified to section 437e of Title 2, The Congress, prior to repeal by Pub. L. 96–187.

Amendments

1995—Subsec. (c). Pub. L. 104–79 added subsec. (c). 1980—Subsec. (a). Pub. L. 96–187, § 110, in revising text, added par. (1), incorporating part of first sentence reading “A copy of each statement required to be filed with the Commissioner by this subchapter shall be filed with the Secretary of State (or, if there is no office of Secretary of State, the equivalent State officer) of the appropriate State.”; and reenacted as par. (2) definition provision of second sentence, redesignating as cl. (A) prior cl. (1) provisions, inserting reference to statements respecting the campaign, striking out reference to campaign for election and provision for expenditure by the candidate, and redesignating as cl. (B) prior cl. (2), inserting reference to statements respecting the campaign and requirement only for political committees other than authorized committees to file and Secretaries of State to keep that portion of report applicable to candidates seeking election in that State. Subsec. (b). Pub. L. 96–187, § 110, in revising text, provided for performance of the prescribed duties by the officer designated under subsec. (a)(1); substituted in cl. (1) “reports and statements required by this Act to be filed therewith” for “reports and statements required by this subchapter to be filed with him”; substituted in cl. (2) requirement of a 2 year retention period for reports and statements after receipt in original form or in facsimile copy by microfilm for ten year retention period after such receipt and five year period when relating to House of Representatives candidates; required in cl. (3) that filed reports and statements be available within 48 hours of receipt rather than no later than end of day of receipt; and provided in cl. (4) for inclusion of reports in current list and exclusion of parts of statements. 1974—Subsec. (a). Pub. L. 93–443, § 208(c)(11), substituted “the Commission” for “a supervisory officer”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1980 AmendmentAmendment by Pub. L. 96–187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96–187, set out as a note under section 30101 of this title.

Effective Date

of 1974 AmendmentAmendment by Pub. L. 93–443 effective Jan. 1, 1975, see section 410(a) of Pub. L. 93–443, set out as a note under section 30101 of this title.

§30113 Statements filed with State officers; “appropriate State” defined; duties of State officers; waiver of duplicate filing requirement for States with electronic access

Summary

Title 52, §30113

Notes & Related Subsidiaries

Editorial Notes

References in Text

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata