Laws: Cases and Codes : U.S. Code : Title 2 : Section 439


   
U.S. Code as of: 01/3/05
Section 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.



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