October 25. 1974 

The Honorable Mark W. White, Jr. 

Secretary of State 

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 of particular urgency and in order to give it immediate attention we are 

treating it separately. That question asks: 

If a 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generally superseded or preempted by the Amendments, must a report be filed by the Federal candidate covering all or any part of such period? 

The 1974Federal Act was enacted under the Congress’ broad power to 

regulate the manner 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 of the 1971 Act (2 U.S. C. sec. 453) provided: 

(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 of this Act. 

p. 2004 
..- - 

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

(b) Notwithstanding subsection (a), no provision 

of State law shall be construed to prohibit any person 

from taking any action authorized by this Act or .from 

making any expenditure (as such term is defined in 

section 301(f) of this Act) which he could lawfully make 

under this Act. 

In Attorney General Opinion H-259 (1974) we considered the relationship 

of section 403 to the Texas requirements for reporting campaign contributions 

and expenditures. We concluded that federal candidates were covered by the 

Texas Campaign Reporting and Disclosure Act of 1973 (Acts 1973, ch. 423, 

p. 1101, generally found in Chapter 14, .Texas Election Code) and were required 

to conform to the requirements of the state law as well as to those of the federal 

law. 

The 1974 Federal Act contained two sections concerning preemption of state 

law. These were the only sections of the Act to become effective immediately 

on the President% sigb%ng the Bill on October 15, 1974. One of those two 

provisions, section 301, amended section 403 of the 1971 Act so that it now reads: 

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. 

The purpose of this preemption clause is outlined in the reports documenting 

the Act’s consideration and passage. The report of the House Committee on 

Administration [H. R. Rep. No. 93-1239, 93rd Gong., 2d Sess, p. 10 (1974)] 

states: 

It is the intent of the Committoe to preempt all 

state and local laws. 

. . . It ie the intent of the committee to make certain 

that the Federal law is construed to occupy the field 

with respect to elections to Federal office and that 

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 and the supervisory officers were rep. 2005 
- 

. 

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

quired to cooperate with, and to encourage, State 

officials to accept Federal reports in satisfaction 

of State reporting requirements. The provision 

requiring filing of Federal reports with State 

officials is retained, but the provision relating 

to encouraging State officials to accept Federal 

reports to satisfy State reporting requirements 

is deleted. Under this legislation, Federal reporting requirements will be the only reporting 

requirements and copies of the Federal reports 

must be filed with appropriate State officials. 

The Conference Report [S. Rep. No. 93-1237, 93rd Cong., 2d Sess., 

p. 100-101 (1974)] on the Bill states: 

. . . It is clear that the Federal law occupies the 

field with respect to reporting and disclosure of 

political contributions to and expenditures by 

Federal candidates and political committees, but 

does not affect State 1aws:as to the manner of 

qualifying as a candidate, or the dates and places 

of elections. 

During the House debate on the Bill, Representative Frenzel, a member 

of the Committee on House Administration. said: 

When the committee sat down and worked out 

the preemption of State law, it was considering 

the most important single matter that the 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 out of 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. 2006 
The Honorable Mark White, page 4 (H-433) 

Given the explicit language of the Act and the repeated expressions of 

congressional intent, we are compelled to conclude that the 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 of which must be filed with the Secretary of 

State of Texas. 2 U.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 due by state 

law after October 15, 1974, although they still must file 

federally required reports with the 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 

p. 2007