2 U.S.C. § 453
Transferred
[transferred]
Notes of Decisions
Cited in 35
cases (1 in the last 5 years), 1978–2022 · leading case: Pollard v. Bd. of Police Commissioners, 665 S.W.2d 333 (Mo. 1984).
Pollard v. Bd. of Police Commissioners, 665 S.W.2d 333 (Mo. 1984). “Preemption The trial court found preemption in the wording of 2 U.S.C. § 453 , reading as follows: 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.”
Jerome Dewald v. Gene Wriggelsworth, 748 F.3d 295 (6th Cir. 2014). “Wriggelsworth Page 18 Had the Michigan Court of Appeals considered the FECA’s preemption clause, or had it consulted the FEC’s implementing regulations, which also preempt state law under the plain language of 2 U.S.C. § 453 (a), the state court would have concluded, as the…”
Teper v. Miller, 82 F.3d 989 (11th Cir. 1996). “" 2 U.S.C. § 453 . On January 2, 1996, Teper filed a motion in district court requesting a preliminary injunction prohibiting Georgia state officials ("the State") from enforcing § 21-5-35 as it applies to candidates for federal office.”
Favel v. Am. Renovation & Constr. Co., 2002 MT 266 (Mont. 2002). “§ 1144 (a) (2001) ("Except as provided in subsection (b) of this section, the provisions of this subchapter and subchapter III of this chapter shall supersede any and all State laws insofar as they may now or hereafter relate to any employee benefit plan described in section…”
Janvey v. Democratic Senatorial Campaign Comm., Inc., 712 F.3d 185 (5th Cir. 2013). “” 2 U.S.C. § 453 . We disagree. TUFTA is a general state law that happens to apply to federal political committees in the instant case.”
James Bunning v. Commonwealth of Kentucky & Kentucky Registry of Election Fin., an Indep. Agency of the Commonwealth of Kentucky, 42 F.3d 1008 (6th Cir. 1994). “” 2 U.S.C. § 453 . Section 453 replaced a prior provision which expressly saved state laws from preemption, except where compliance with state law would result in a violation of the FECA, or would prohibit conduct permitted by the FECA.”
Weber v. Heaney, 793 F. Supp. 1438 (D. Minnesota 1992). “By its terms the statute preempts any provision of state law “with respect to election to federal office.”
Janvey v. Democratic Senatorial Campaign Comm., Inc., 793 F. Supp. 2d 825 (N.D. Tex. 2011). “” 2 U.S.C. § 453 (a). As several courts have noted, section 453’s plain text supports more than one plausible reading.”
Karl Rove & Co. v. Richard Thornburgh, Richard Thornburgh, Cross-Appellee, & Raymond P. Dimuzio, Defendant-Cross-Appellee, 39 F.3d 1273 (5th Cir. 1994). “To bolster his argument that FECA expressly preempts state law, Thornburgh relies on 2 U.S.C. § 453 : “[T]he provisions of this Act, and the rules prescribed under this Act, supersede and preempt any provision of State law with respect to election to federal office.”
City of Cincinnati v. Ohio Council 8, Am. Fed'n of State, Cnty. & Mun. Employees, 576 N.E.2d 745 (Ohio 1991). “The legislative history makes it clear that 2 U.S.C. § 453 was intended only to preempt the limited field of statutes imposing restrictions on candidates for federal office and their campaign committees.”
Holtzman v. Oliensis, 695 N.E.2d 1104 (NY 1998). “Petitioner then commenced the instant CPLR article 78 proceeding, arguing that the Federal Election Campaign Act ( 2 USC § 453 et seq.) preempts application of the City Charter in this proceeding, and that the Board erred, on the law and the facts, in finding a violation of the…”
Williams v. Fahrenholtz, 990 So. 2d 99 (La. Ct. App. 2008). “] [2] 2 U.S.C.A. § 453 (a), of the Federal Election Campaign Act ("FECA") provides: Subject to subsection (b) of this section, 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…”
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