Title 52 — Voting and Elections
Chapter 301 — Federal Election Campaigns
§ 30143. State laws affected
Statutory text
In general
Subject to subsection (b), the provisions of this Act, and of rules prescribed under this Act, supersede and preempt any provision of State law with respect to election to Federal office.
State and local committees of political parties
Notwithstanding any other provision of this Act, a State or local committee of a political party may, subject to State law, use exclusively funds that are not subject to the prohibitions, limitations, and reporting requirements of the Act for the purchase or construction of an office building for such State or local committee.
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.
Federal Election Campaign Act of 1971
Pub. L. 92–225 title IV § 403 · 86 Stat. 3
Enacted · 52 U.S.C. § 30143
Pub. L. 92–225, title IV, § 403, Feb. 7, 1972, 86 Stat. 20
Source evidence
Code source credit
Pub. L. 92–225, title IV, § 403, Feb. 7, 1972, 86 Stat. 20Enacted provision · exact public law section
Sec. 403. effect on state law (a) Nothing in this Act shall be deemed to invalidate or make inapplicable any provision of any State law, except where compliance with such provision of law would result in a violation of a provision of this Act. (b) Notwithstanding subsection (a), no provision of State law shall be construed to prohibit any person from taking any action authorized by this Act or from making any expenditure (as such term is defined in section 301(f) of this Act) which he could lawfully make under this Act.Pub. L. 93–443 title III § 301 · 88 Stat. 1263
Substituted · 52 U.S.C. § 30143
Pub. L. 93–443 substituted provision for Pub. L. 92–225 and rules thereunder to supersede and preempt any provision of State law with respect to election to Federal office for prior provisions which in former subsec. (a) stated that nothing in Pub. L. 92–225 shall be deemed to invalidate or make inapplicable any provision of State law, except where compliance with such provision would result in a violation of Pub. L. 92–225 and in former subsec. (b) stated that no provision of State law shall be construed to prohibit any person from taking any action authorized by Pub. L. 92–225 or from making any expenditure which he could lawfully make under Pub. L. 92–225
Source evidence
Code amendment note
Pub. L. 93–443 substituted provision for Pub. L. 92–225 and rules thereunder to supersede and preempt any provision of State law with respect to election to Federal office for prior provisions which in former subsec. (a) stated that nothing in Pub. L. 92–225 shall be deemed to invalidate or make inapplicable any provision of State law, except where compliance with such provision would result in a violation of Pub. L. 92–225 and in former subsec. (b) stated that no provision of State law shall be construed to prohibit any person from taking any action authorized by Pub. L. 92–225 or from making any expenditure which he could lawfully make under Pub. L. 92–225.Enacted provision · exact public law section
Sec. 301. Section 403 of the Federal Election Campaign Act of 1971, relating to effect on State law, is amended to read as follows: 2 USC 453. “effect on state law “Sec. 403. The provisions of this Act, and of rules prescribed under this Act, supersede and preempt any provision of State law with respect to election to Federal office.”.Pub. L. 107–155 title I § 103(b)(2) · 116 Stat. 81
Amended · 52 U.S.C. § 30143
Pub. L. 107–155 designated existing provisions as subsec. (a)
Inserted · 52 U.S.C. § 30143
Pub. L. 107–155 inserted heading
Substituted · 52 U.S.C. § 30143
Pub. L. 107–155 substituted “Subject to subsection (b), the provisions of this Act” for “The provisions of this Act”
Added · 52 U.S.C. § 30143
Pub. L. 107–155 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 107–155 designated existing provisions as subsec. (a), inserted heading, substituted “Subject to subsection (b), the provisions of this Act” for “The provisions of this Act”, and added subsec. (b).Enacted provision · exact public law section
(2) Nonpreemption of state law.— Section 403 of such Act (2 U.S.C. 453) is amended— (A) by striking “The provisions of this Act” and inserting “(a) In General.—Subject to subsection (b), the provisions of this Act”; and (B) by adding at the end the following: “(b) State and Local Committees of Political Parties.— Notwithstanding any other provision of this Act, a State or local committee of a political party may, subject to State law, use exclusively funds that are not subject to the prohibitions, limitations, and reporting requirements of the Act for the purchase or construction of an office building for such State or local committee.”.Effective date note
Amendment by Pub. L. 107–155 effective Nov. 6, 2002, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section 30101 of this title.
6 of 6 references resolved to an enrolled provision
Editorial Notes
References in Text
This Act, referred to in text, means the Federal Election Campaign Act of 1971, as defined by section 30101 of this title.
Codification
Section was formerly classified to section 453 of Title 2, The Congress, prior to editorial reclassification and renumbering as this section.
Amendments1974–2002 · 2 rounds
2002
Pub. L. 107–155 designated existing provisions as subsec. (a), inserted heading, substituted “Subject to subsection (b), the provisions of this Act” for “The provisions of this Act”, and added subsec. (b).
1974
Pub. L. 93–443 substituted provision for Pub. L. 92–225 and rules thereunder to supersede and preempt any provision of State law with respect to election to Federal office for prior provisions which in former subsec. (a) stated that nothing in Pub. L. 92–225 shall be deemed to invalidate or make inapplicable any provision of State law, except where compliance with such provision would result in a violation of Pub. L. 92–225 and in former subsec. (b) stated that no provision of State law shall be construed to prohibit any person from taking any action authorized by Pub. L. 92–225 or from making any expenditure which he could lawfully make under Pub. L. 92–225.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–155 effective , see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section 30101 of this title.
Effective Date of 1974 Amendment
Amendment by Pub. L. 93–443 effective , see section 410(b) of Pub. L. 93–443, set out as a note under section 30101 of this title.
Credits
1972–2002 · 3 acts
- 1972Pub. L. 92–225, title IV, § 403, , 86 Stat. 20
- 1974Pub. L. 93–443, title III, § 301, , 88 Stat. 1289
- 2002Pub. L. 107–155, title I, § 103(b)(2), , 116 Stat. 87.
Show as published
(Pub. L. 92–225, title IV, § 403, , 86 Stat. 20; Pub. L. 93–443, title III, § 301, , 88 Stat. 1289; Pub. L. 107–155, title I, § 103(b)(2), , 116 Stat. 87.)