U.S. Code
»
Title 52
» Subtitle Subtitle III— Federal Campaign Finance › Chapter CHAPTER 301— FEDERAL ELECTION CAMPAIGNS › Subchapter SUBCHAPTER II— GENERAL PROVISIONS
52 U.S.C. § 30143
State laws affected
(a) In generalSubject 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.
(b) State and local committees of political partiesNotwithstanding 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.
(Pub. L. 92–225, title IV, § 403, Feb. 7, 1972, 86 Stat. 20; Pub. L. 93–443, title III, § 301, Oct. 15, 1974, 88 Stat. 1289; Pub. L. 107–155, title I, § 103(b)(2), Mar. 27, 2002, 116 Stat. 87.)Editorial NotesReferences in TextThis Act, referred to in text, means the Federal Election Campaign Act of 1971, as defined by section 30101 of this title.
CodificationSection was formerly classified to section 453 of Title 2, The Congress, prior to editorial reclassification and renumbering as this section.
Amendments2002—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 SubsidiariesEffective Date of 2002 AmendmentAmendment 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.
Effective Date of 1974 AmendmentAmendment by Pub. L. 93–443 effective Oct. 15, 1974, see section 410(b) of Pub. L. 93–443, set out as a note under section 30101 of this title.
Notes of Decisions
Priorities USA v. Dana Nessel, 978 F.3d 976 (6th Cir. 2020).
· cites it 2× “As first enacted in 1972, 52 U.S.C. § 30143 (formerly 2 U.S.C. § 453 ) read: (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…”
New Hampshire Attorney Gen. v. Bass Victory Comm., 166 N.H. 796 (N.H. 2014).
· cites it 2× “*801 52 U.S.C. § 30143 (a). The Committee maintained that legislative history of the FECA demonstrates Congress’s intent that the Act preempt state law with regard to reporting and disclosing political contributions and expenditures by federal candidates and political committees.”
Richmond v. Landrieu, 150 So. 3d 43 (La. Ct. App. 2014).
“52 U.S.C.A. § 30143 (a) states: 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 office.”
WinRed, Inc. v. Ellison (D. Minnesota 2022).
· cites it 4× “” 52 U.S.C. § 30143 (a).8 The committee of the House of Representatives that wrote FECA noted that with the preemption provision “[i]t 7 FECA’s preemption clause was formerly codified at 2 U.”
People of The State of New York v. Trump (S.D.N.Y. 2023).
· cites it 3× “) Furthermore, Trump argues that because the Indictment’s felony charges are predicated on alleged violations of state and federal election laws, they are preempted by the Federal Election Campaign Act (“FECA”), 52 U.S.C. § 30143 (a). (Notice J] 22-24.) Finally, Trump asserts…”
Minnesota Chamber of Com. v. Choi (D. Minnesota 2023).
· cites it 2× “See 52 U.S.C. § 30143 . The FECA states that its provisions and any regulations prescribed under its provisions “supersede and preempt any provision of State law with respect to election to Federal office.”
People of The State of New York v. Trump (S.D.N.Y. 2023).
· cites it 2× “(emphases added) The Notice of Removal filed by Trump’s lawyers raised no other defensive grounds except for just two (2) umbrella defenses, one of federal preemption by (rightfully) arguing that New York Election Law § 17-152, upon which Bragg relies at least in part for…”
Eames v. Schedler, 199 So. 3d 1170 (La. Ct. App. 2016).
“52 U.S.C. § 30143 (a) (“[sjubject 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 office”).”
Cowboys for Trump v. Oliver (10th Cir. 2022).
“Preemption Claim Plaintiffs sought a declaratory judgment that a provision of the Federal Election Campaign Act (FECA), 52 U.S.C. § 30143 (a), 9 preempts an exemption in the registration statute for a political committee if it is “located in another state and .”
Priorities USA v. Nessel (E.D. Mich. 2020).
“” 52 U.S.C. § 30143 . The scope of preemption was further defined by the Federal Elections Commission in 11 C.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.