52 U.S.C. § 30113 — Statements filed with State officers; “appropriate State” defined; duties of State officers; waiver of duplicate filing requirement for States with electronic access
submitted 54 years ago by Pub. L. 92-225 to r/title-52-VOTING-AND-ELECTIONS · 400 words · no verdicts yet
People filing federal campaign reports must also send a copy to the right state official. Each state's officer must keep these reports and make them public within 48 hours. A state doesn't need this if the Commission finds its own electronic system already gives public access.
(a) Statements filed; "appropriate State" defined
(1) Anyone required to file a report or statement under this Act must also file a copy with the Secretary of State (or equivalent officer) of the "appropriate State" — or, if a different official keeps state election records, with that official instead. Each state's chief executive must name that officer and tell the Commission who it is.
(2) The "appropriate State" means: (A) for reports about a presidential or vice-presidential nomination campaign, every state where money was spent on the candidate's behalf; and (B) for reports about a Senate, House, or Delegate/Resident Commissioner campaign, the state where the candidate is running — except that committees other than the candidate's own authorized committee only have to file, and states only have to keep, the part of the report about candidates running in that state.
(b) Duties of State officers
The state officer must: (1) receive and keep all required reports and statements in an orderly way; (2) keep them (originals or copies) for 2 years after receiving them; (3) make each report available for public inspection and copying within 48 hours, letting anyone copy them by hand or machine at their own expense; and (4) keep an up-to-date list of all reports and statements for each candidate.
(c) Waiver; electronic access
Subsections (a) and (b) don't apply to a state that the Commission determines already has a system letting the public electronically access and copy the same reports and statements filed with the Commission.
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.
For purposes of this subsection, the term “appropriate State” means—
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
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.
The Secretary of State (or equivalent State officer), or the officer designated under subsection (a)(1), shall—
receive and maintain in an orderly manner all reports and statements required by this Act to be filed therewith;
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;
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
compile and maintain a current list of all reports and statements pertaining to each candidate.
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.
Source credit: (Pub. L. 92–225, title III, § 312, formerly § 309, Feb. 7, 1972, 86 Stat. 18; renumbered § 317 and amended Pub. L. 93–443, title II, § 208(a), (c)(11), Oct. 15, 1974, 88 Stat. 1279, 1287; renumbered § 316, Pub. L. 94–283, title I, § 105, May 11, 1976, 90 Stat. 481; renumbered § 312 and amended Pub. L. 96–187, title I, §§ 105(4), 110, Jan. 8, 1980, 93 Stat. 1354, 1364; Pub. L. 104–79, § 2, Dec. 28, 1995, 109 Stat. 791.)
- 1972Enacted · Pub. L. 92-225 · 86 Stat. 18
- 1974Amended · Pub. L. 93-443 · 88 Stat. 1279, 1287
- 1976Amended · Pub. L. 94-283 · 90 Stat. 481
- 1980Amended · Pub. L. 96-187 · 93 Stat. 1354, 1364
- 1995Amended · Pub. L. 104-79 · 109 Stat. 791
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-225 on 1972-02-07.
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