October 25. 1974

The Honorable Mark W. White, Jr. Secretary ofState State Capitol Building Austin, Texas 78711

Dear Secretary White: Opinion No. H- 433 Re: Effect of Federal -Election Campaign Act Amendments of 1974 on state campaign reporting and disclosure requirements-for federal candidates. You have asked our opinion on several questions relating to the recently enacted Federal Election Campaign Act Amendments of 1974. One question is ofparticular urgency and in order togive it immediate attention we are treating it separately. That question asks:

Ifa candidate for federal office is required by Article 14.08(h)(l)(ii), Vernon’s Texas Election Code, to file a sworn statement by October 29, 1974, covering the period from September 27, through October 26, 1974, and if the reporting requirements of Chapter 14, Vernon’s Texas Election Code, are generally superseded or preempted by theAmendments, must a report be filed bythe Federal candidate covering all or any part of such period? The 1974Federal Act was enacted under the Congress’ broad power to regulate themanner of conducting elections for federal officers (II.S. Const,: art. 1, sec. 4) and~extensively amended the Federal Election Campaign Act of 1971(P. L. 92-225). Section 403 ofthe 1971Act (2 U.S. C. sec. 453) provided: (a) Nothing in this Act shall be deemed to

invalidate or make inapplicable anyprovision ofanyState law, except where compliance with such provision of law would result in a violation ofa provision of this Act.

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The Honorable h&arkWhite, page 2 (H-433)

(b) Notwithstanding subsection (a), noprovision of State law shall be construed to prohibit anyperson from taking any action authorized by this Act or.from making any expenditure (as such term is defined in section 301(f) ofthis Act) which he could lawfully make under this Act. InAttorney General Opinion H-259 (1974) we considered the relationship of section 403 tothe Texas requirements for reporting campaign contributions and expenditures. We concluded thatfederal candidates were covered by the Texas Campaign Reporting and Disclosure Act of 1973 (Acts 1973, ch. 423, p. 1101, generally foundin Chapter 14, .Texas Election Code) andwere required to conform tothe requirements ofthe state law as well as tothose of the federal law.The 1974 Federal Act contained two sections concerning preemption of state law. These were the only sections ofthe Act to become effective immediately onthe President% sigb%ngthe Bill onOctober 15, 1974. One of those two provisions, section 301, amended section 403 ofthe 1971Act so that it now reads:

The provisions of this Act, and of rules prescribed under this Act, supersede and preempt anyprovision ofState law with respect to election to Federal office. The purpose ofthis preemption clause is outlined inthe reports documenting theAct’s consideration and passage. The report oftheHouse Committee on Administration [H. R. Rep. No. 93-1239, 93rd Gong., 2dSess, p. 10 (1974)] states: Itis the intent of the Committoe to preempt all

state andlocal laws.

. . . It ie the intent ofthe committee tomake certain thatthe Federal law is construed to occupy the field with respect to elections to Federal office andthat the Federal law will be the sole authority under which such elections will be regulated. Under the 1971’Act, provision was made for filing Federal reports with State officials andthe supervisory officers were rep. 2005-

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The Honorable Mark White, page 3 (H-433)

quired to cooperate with, andto encourage, State officials to accept Federal reports in satisfaction ofState reporting requirements. The provision requiring filing ofFederal reports with State officials is retained, butthe provision relating to encouraging State officials toaccept Federal reports to satisfy State reporting requirements is deleted. Under this legislation, Federal reporting requirements will be the only reporting requirements and copies ofthe Federal reports must be filed with appropriate State officials. The Conference Report [S. Rep. No. 93-1237, 93rd Cong., 2dSess., p. 100-101 (1974)] on the Bill states:

. . . It is clear thatthe Federal law occupies the field with respect to reporting anddisclosure of political contributions to and expenditures by Federal candidates andpolitical committees, but does notaffect State 1aws:as to the manner of qualifying as a candidate, or the dates andplaces of elections. During the House debate onthe Bill, Representative Frenzel, a member ofthe Committee onHouse Administration. said:

When the committee sat downandworked out the preemption ofState law, it was considering the most important single matter thatthe greatest number of Members of Congress broughtto our attention. They said: ‘For heaven’s sake. get us out of this mess of 51 laws. Get us outof all these reports that sometimes conflict with one another. Please preempt State laws. ’ We did that. We responded to the requests of Members of Congress in this respect. 120 tong. Rec. H7896 (daily ed. August 8, 1974).

p. 2006The Honorable Mark White, page 4 (H-433)

Given the explicit language of theAct andthe repeated expressions of congressional intent, we are compelled to conclude thatthe 1974 Federal Act removes the requirement that candidates for federal offices file the October 29, 1974, report provided for under Article 14.08 (h)(l)(ii), Texas Election Code. Of course, federal law requires these candidates to prepare similar reports, copies ofwhich must be filed withthe Secretary of State of Texas. 2U.S.C. sets. 434. 439. SUMMARY The Federal Election Campaign Act Amendments of 1974 specifically preempt and supersede state campaign contribution and expenditure reporting laws insofar as they relate to candidates for federal offices. Federal candidates are not required to file reports dueby state law after October 15, 1974, although they still must file federally required reports withthe Texas Secretary of State as well as with the appropriate federal officials.

/IJgE&

. Attorney General of Texas



# r---y ~&d DAVID M. KENDALL, Chairman Opinion Committee

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