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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1972

   Federal Election Campaign Act of 1971

   Pub. L. 92–225 title III § 312 · 86 Stat. 3

   Enacted · 52 U.S.C. § 30113

   Pub. L. 92–225, title III, § 312, formerly § 309, Feb. 7, 1972, 86 Stat. 18

   Target inherited from the preceding amendment note.

   Source evidence

   Code source credit
   Pub. L. 92–225, title III, § 312, formerly § 309, Feb. 7, 1972, 86 Stat. 18

   Enacted provision · exact public law section
   Sec. 309. statements filed with state officers (a) A copy of each statement required to be filed with a supervisory officer by this title shall be filed with the Secretary of St ate (or, if there is no office of Secretary of State, the equivalent State officer) of the appropriate State. For purposes of this subsection, the “Appropriate State.” term “appropriate State” means— (1) for reports relating to expenditures and contributions in connection with the campaign for nomination for election, or election, of a candidate to the office of President or Vice President of the United States, each State in which an expenditure is made by him or on his; behalf, and (2) for reports relating to expenditures and contributions 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 of the United States, the State in which he seeks election. (b) It shall be the duty of the Secretary of State, or the equivalent State officer, duties. State officer, under subsection (a)— (1) to receive and maintain in an orderly manner all reports and statements required by this title to be filed with him; (2) to preserve such reports and statements for a period of ten years from date of receipt, except that reports and statements relating solely to candidates for the House of Representatives shall be preserved for only five years from the date of receipt; (3) to make the reports and statements filed with him available for public inspection and copying during regular office hours, commencing as soon as practicable but not later than the end of the day during which it was received, and to permit copying of any such report or statement by hand or by duplicating machine, requested by any person, at the expense of such person; and (4) to compile and maintain a current list of all statements or parts of statements pertaining to each candidate.

2. 1974

   Pub. L. 93–443 § 208(c)(11) · 88 Stat. 1263

   Substituted · 52 U.S.C. § 30113(a)

   Pub. L. 93–443, § 208(c)(11), substituted “the Commission” for “a supervisory officer”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–443, § 208(c)(11), substituted “the Commission” for “a supervisory officer”.

   Enacted provision · exact public law section
   (11) by striking out “a supervisory officer” in section 317(a) of such Act (as redesignated by subsection (a) of this Act) and 2 USC 439. inserting in lieu thereof “the Commission”.

3. 1980

   Federal Election Campaign Act Amendments of 1979

   Pub. L. 96–187 § 110 · 93 Stat. 1339

   1. Added · 52 U.S.C. § 30113(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

   2. Inserted · 52 U.S.C. § 30113(a)

      Pub. L. 96–187, § 110, in revising text, inserting reference to statements respecting the campaign

   3. Struck · 52 U.S.C. § 30113(a)

      Pub. L. 96–187, § 110, in revising text, striking out reference to campaign for election and provision for expenditure by the candidate

   4. Redesignated · 52 U.S.C. § 30113(a)

      Pub. L. 96–187, § 110, in revising text, redesignating as cl. (B) prior cl. (2)

   5. Inserted · 52 U.S.C. § 30113(a)

      Pub. L. 96–187, § 110, in revising text, 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 110. statements filed with state officers Section 312 of the Act, as so redesignated in section Ante, p. 1354. 105(a)(4), is amended to read as follows: “Sec. 312. “statements filed with state officers (a) (1) A copy of each report and statement required to be 2 USC 439. 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’ “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 Record retention. 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 Public inspection and copying. 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.”.

   Effective date note
   Amendment 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.

4. 1980

   Federal Election Campaign Act Amendments of 1979

   Pub. L. 96–187 § 110 · 93 Stat. 1339

   Substituted · 52 U.S.C. § 30113(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 110. statements filed with state officers Section 312 of the Act, as so redesignated in section Ante, p. 1354. 105(a)(4), is amended to read as follows: “Sec. 312. “statements filed with state officers (a) (1) A copy of each report and statement required to be 2 USC 439. 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’ “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 Record retention. 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 Public inspection and copying. 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.”.

   Effective date note
   Amendment 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.

5. 1995

   Pub. L. 104–79 § 2 · 109 Stat. 791

   Added · 52 U.S.C. § 30113(c)

   Pub. L. 104–79 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–79 added subsec. (c).

   Enacted provision · exact public law section
   SEC. 2. WAIVER OF DUPLICATE FILING REQUIREMENT FOR STATES WITH ELECTRONIC ACCESS TO FEDERAL ELECTION COMMISSION REPORTS AND STATEMENTS. Section 312 of the Federal Election Campaign Act of 1971 (2 U.S.C. 439) is amended by adding at the end the following new subsection: “(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.”.

9 of 9 references resolved to an enrolled provision