§ 439. — Statements filed with State officers; "appropriate State" defined; duties of State officers; waiver of duplicate filing requirement for States with electronic access.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC439]
TITLE 2--THE CONGRESS
CHAPTER 14--FEDERAL ELECTION CAMPAIGNS
SUBCHAPTER I--DISCLOSURE OF FEDERAL CAMPAIGN FUNDS
Sec. 439. Statements filed with State officers; ``appropriate
State'' defined; duties of State officers; waiver of duplicate
filing requirement for States with electronic access
(a) Statements filed; ``appropriate State'' defined
(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) Duties of State officers
The Secretary of State (or equivalent State officer), or the officer
designated under subsection (a)(1) of this section, 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) Waiver; electronic access
Subsections (a) and (b) of this section 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.
(Pub. L. 92-225, title III, Sec. 312, formerly Sec. 309, Feb. 7, 1972,
86 Stat. 18; renumbered Sec. 317 and amended Pub. L. 93-443, title II,
Sec. 208(a), (c)(11), Oct. 15, 1974, 88 Stat. 1279, 1287; renumbered
Sec. 316, Pub. L. 94-283, title I, Sec. 105, May 11, 1976, 90 Stat. 481;
renumbered Sec. 312 and amended Pub. L. 96-187, title I, Secs. 105(4),
110, Jan. 8, 1980, 93 Stat. 1354, 1364; Pub. L. 104-79, Sec. 2, Dec. 28,
1995, 109 Stat. 791.)
References in Text
This Act, referred to in subsecs. (a)(1) and (b)(1), means the
Federal Election Campaign Act of 1971, as amended, as defined by section
431 of this title.
Prior Provisions
A prior section 312 of Pub. L. 92-225 was renumbered section 308,
and is classified to section 437f of this title.
Another prior section 312 of Pub. L. 92-225 was renumbered section
311, and was classified to section 437e of this title, 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, Sec. 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, Sec. 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, Sec. 208(c)(11), substituted
``the Commission'' for ``a supervisory officer''.
Effective Date of 1980 Amendment
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 431 of this
title.
Effective Date of 1974 Amendment
Amendment 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 431 of this
title.
