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52 U.S.C. § 30108 — Advisory opinions

Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 30108 — Advisory opinions

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Stable record: federal_law:legal_authorities:record_usc_9c51dadf962700d5d5fc334e
Source file: Laws/federal/codes/united-states-code/title-52/section-30108-advisory-opinions--bab6cc28cd.md
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Source location: Title 52, Chapter 301, § 30108; chapter-301-federal-election-campaigns.md

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**(a) Requests by persons, candidates, or authorized committees; subject matter; time for response** (1) Not later than 60 days after the Commission receives from a person a complete written request concerning the application of this Act, chapter 95 or chapter 96 of title 26, or a rule or regulation prescribed by the Commission, with respect to a specific transaction or activity by the person, the Commission shall render a written advisory opinion relating to such transaction or activity to the person. (2) If an advisory opinion is requested by a candidate, or any authorized committee of such candidate, during the 60-day period before any election for Federal office involving the requesting party, the Commission shall render a written advisory opinion relating to such request no later than 20 days after the Commission receives a complete written request. **(b) Procedures applicable to initial proposal of rules or regulations, and advisory opinions** Any rule of law which is not stated in this Act or in chapter 95 or chapter 96 of title 26 may be initially proposed by the Commission only as a rule or regulation pursuant to procedures established in [section 30111(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section30111/d&num=0&edition=prelim). No opinion of an advisory nature may be issued by the Commission or any of its employees except in accordance with the provisions of this section. **(c) Persons entitled to rely upon opinions; scope of protection for good faith reliance** (1) Any advisory opinion rendered by the Commission under subsection (a) may be relied upon by— (A) any person involved in the specific transaction or activity with respect to which such advisory opinion is rendered; and (B) any person involved in any specific transaction or activity which is indistinguishable in all its material aspects from the transaction or activity with respect to which such advisory opinion is rendered. (2) Notwithstanding any other provisions of law, any person who relies upon any provision or finding of an advisory opinion in accordance with the provisions of paragraph (1) and who acts in good faith in accordance with the provisions and findings of such advisory opinion shall not, as a result of any such act, be subject to any sanction provided by this Act or by chapter 95 or chapter 96 of title 26. **(d) Requests made public; submission of written comments by interested public** The Commission shall make public any request made under subsection (a) for an advisory opinion. Before rendering an advisory opinion, the Commission shall accept written comments submitted by any interested party within the 10-day period following the date the request is made public.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 437a — Repealed. Pub. L. 94–283, title I, § 105, May 11, 1976, 90 Stat. 481

### Statutory Notes Section, Pub. L. 92–225, title III, § 308, as added Pub. L. 93–443, title II, § 208(a), Oct. 15, 1974, 88 Stat. 1279, required the filing of reports with the Commission by certain named persons other than individuals who act to influence others to vote for or against political candidates. See section 30120 et seq. of Title 52, Voting and Elections. #### Savings Provision Repeal by Pub. L. 94–283 not to release or extinguish any penalty, forfeiture, or liability incurred under this section, with this section or penalty to be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of any penalty, forfeiture, or liability, see section 114 of Pub. L. 94–283, set out as a note under [section 441 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section441&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 437a

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 30111 — Administrative provisions

**(a) Duties of Commission** The Commission shall— (1) prescribe forms necessary to implement this Act; (2) prepare, publish, and furnish to all persons required to file reports and statements under this Act a manual recommending uniform methods of bookkeeping and reporting; (3) develop a filing, coding, and cross-indexing system consistent with the purposes of this Act; (4) within 48 hours after the time of the receipt by the Commission of reports and statements filed with it, make them available for public inspection, and copying, at the expense of the person requesting such copying, except that any information copied from such reports or statements may not be sold or used by any person for the purpose of soliciting contributions or for commercial purposes, other than using the name and address of any political committee to solicit contributions from such committee. A political committee may submit 10 pseudonyms on each report filed in order to protect against the illegal use of names and addresses of contributors, provided such committee attaches a list of such pseudonyms to the appropriate report. The Secretary or the Commission shall exclude these lists from the public record; (5) keep such designations, reports, and statements for a period of 10 years from the date of receipt, except that designations, reports, and statements that relate solely to candidates for the House of Representatives shall be kept for 5 years from the date of their receipt; (6) (A) compile and maintain a cumulative index of designations, reports, and statements filed under this Act, which index shall be published at regular intervals and made available for purchase directly or by mail; (B) compile, maintain, and revise a separate cumulative index of reports and statements filed

Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 30111

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 30101 — Definitions

When used in this Act: (1) The term “election” means— (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party which has authority to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; and (D) a primary election held for the expression of a preference for the nomination of individuals for election to the office of President. (2) The term “candidate” means an individual who seeks nomination for election, or election, to Federal office, and for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election— (A) if such individual has received contributions aggregating in excess of $5,000 or has made expenditures aggregating in excess of $5,000; or (B) if such individual has given his or her consent to another person to receive contributions or make expenditures on behalf of such individual and if such person has received such contributions aggregating in excess of $5,000 or has made such expenditures aggregating in excess of $5,000. (3) The term “Federal office” means the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. (4) The term “political committee” means— (A) any committee, club, association, or other group of persons which receives contributions aggregating in excess of $1,000 during a calendar year or which makes expenditures aggregating in excess of $1,000 during a calendar year; or (B) any separate segregated fund established under the provisions of [section 30118(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section30118/b&num=0&edition=prelim);

Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 30101

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 437b — Repealed. Pub. L. 96–187, title I, § 105(1), Jan. 8, 1980, 93 Stat. 1354

### Statutory Notes Section, Pub. L. 92–225, title III, § 308, formerly § 309, as added Pub. L. 93–443, title II, § 208(a), Oct. 15, 1974, 88 Stat. 1280; renumbered § 308 and amended Pub. L. 94–283, title I, §§ 105, 106, 115(i), May 11, 1976, 90 Stat. 481, 496, set forth provisions respecting designation, etc., of campaign depositories. #### Effective Date of Repeal Repeal effective Jan. 8, 1980, see section 301(a) of Pub. L. 96–187, set out as an Effective Date of 1980 Amendment note under [section 30101 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section30101&num=0&edition=prelim), Voting and Elections.

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 437b

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 437f — Transferred

### Statutory Notes #### Codification Section 437f was editorially reclassified as [section 30108 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section30108&num=0&edition=prelim), Voting and Elections.

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 437f

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 30107 — Powers of Commission

**(a) Specific authorities** The Commission has the power— (1) to require by special or general orders, any person to submit, under oath, such written reports and answers to questions as the Commission may prescribe; (2) to administer oaths or affirmations; (3) to require by subpena, signed by the chairman or the vice chairman, the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties; (4) in any proceeding or investigation, to order testimony to be taken by deposition before any person who is designated by the Commission and has the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under paragraph (3); (5) to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States; (6) to initiate (through civil actions for injunctive, declaratory, or other appropriate relief), defend (in the case of any civil action brought under [section 30109(a)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section30109/a/8&num=0&edition=prelim)) or appeal any civil action in the name of the Commission to enforce the provisions of this Act and chapter 95 and chapter 96 of title 26, through its general counsel; (7) to render advisory opinions under [section 30108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section30108&num=0&edition=prelim); (8) to develop such prescribed forms and to make, amend, and repeal such rules, pursuant to the provisions of chapter 5 of title 5, as are necessary to carry out the provisions of this Act and chapter 95 and chapter 96 of title 26; and (9) to conduct investigations and h

Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 30107

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 30113 — 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), 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 30113

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 30114 — Use of contributed amounts for certain purposes

**(a) Permitted uses** A contribution accepted by a candidate, and any other donation received by an individual as support for activities of the individual as a holder of Federal office, may be used by the candidate or individual— (1) for otherwise authorized expenditures in connection with the campaign for Federal office of the candidate or individual; (2) for ordinary and necessary expenses incurred in connection with duties of the individual as a holder of Federal office; (3) for contributions to an organization described in [section 170(c) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section170/c&num=0&edition=prelim); (4) for transfers, without limitation, to a national, State, or local committee of a political party; (5) for donations to State and local candidates subject to the provisions of State law; or (6) for any other lawful purpose unless prohibited by subsection (b) of this section. **(b) Prohibited use** (1) **In general** — A contribution or donation described in subsection (a) shall not be converted by any person to personal use. (2) **Conversion** — For the purposes of paragraph (1), a contribution or donation shall be considered to be converted to personal use if the contribution or amount is used to fulfill any commitment, obligation, or expense of a person that would exist irrespective of the candidate’s election campaign or individual’s duties as a holder of Federal office, including— (A) a home mortgage, rent, or utility payment; (B) a clothing purchase; (C) a noncampaign-related automobile expense; (D) a country club membership; (E) a vacation or other noncampaign-related trip; (F) a household food item; (G) a tuition payment; (H) admission to a sporting event, concert, theater

Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 30114

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 30108 — Advisory opinions

Page 114 TITLE 52—VOTING AND ELECTIONS § 30108 § 30108. Advisory opinions (a) Requests by persons, candidates, or author- ized committees; subject matter; time for re- sponse (1) Not later than 60 days after the Commis- sion receives from a person a complete written request concerning the application of this Act, chapter 95 or chapter 96 of title 26, or a rule or regulation prescribed by the Commission, with respect to a specific transaction or activity by the person, the Commission shall render a writ- ten advisory opinion relating to such trans- action or activity to the person. (2) If an advisory opinion is requested by a candidate, or any authorized committee of such candidate, during the 60-day period before any election for Federal office involving the request- ing party, the Commission shall render a writ- ten advisory opinion relating to such request no later than 20 days after the Commission receives a complete written request. (b) Procedures applicable to initial proposal of rules or regulations, and advisory opinions Any rule of law which is not stated in this Act or in chapter 95 or chapter 96 of title 26 may be initially proposed by the Commission only as a rule or regulation pursuant to procedures estab- lished in section 30111(d) of this title. No opinion of an advisory nature may be issued by the Com- mission or any of its employees except in ac- cordance with the provisions of this section. (c) Persons entitled to rely upon opinions; scope of protection for good faith reliance (1) Any advisory opinion rendered by the Com- mission under subsection (a) may be relied upon by— (A) any person involved in the specific trans- action or activity with respect to which such advisory opinion is rendered; and (B) any person involved in any

Source: Supplied 2024 U.S. Code historical extraction · 52 U.S.C. § 30108

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