Federal Election Commission Main Page
cc: Work Product Folder
April 28, 1980
CERTIFIED MAIL
RETURN RECEIPTED REQUESTED
ADVISORY OPINION 1980-36
Edgar H. Boles
Calfee, Halter & Griswold
1800 Central National Bank Building
Cleveland, Ohio 44114
Dear Mr. Boles:
This responds to your letter of April 4, 1980, requesting
an advisory opinion on behalf of the Ruth Miller for Congress
Committee ("the Committee") concerning preemption by the
Federal Election Campaign Act of 1971, as amended ("the
Act"), of a provision of an Ohio statute relating to
political communications.
Your letter refers to SS 3599.09 of the Ohio Revised Code
which provides, in part, that a political communication in
any form of publication which is designed to promote the
nomination or election or defeat of a candidate must contain
the name and residence address of the chairman or secretary
of the organization issuing the communication, or the person
who issues, makes, or is responsible for the communication.
You ask if the Committee's campaign communications publications,
that is, those paid for or authorized by the candidate or
paid for by the Committee, need include the information
required by the Ohio Statute or whether the appropriate
provisions of the Act and Commission regulations preempt
the aforementioned Ohio requirement. If preempted, you suggest
that the statement "Paid for by Ruth Miller for Congress
Committee" would satisfy all disclosure requirements.
2 U.S.C. SS 441d and Commission regulations at 11 CFR 110.11
set forth the information required to be placed on political
advertising and communications which pertain to any Federal
election. In the instance of a campaign communication
which is paid for and authorized by the candidate or paid
for by the candidate's authorized committee(s), 2 U.S.C.
SS 441d(1) requires that a statement be included that the
communication has been paid for by such authorized political
committee. Neither the Act nor Commission regulations, require
the addition of the name and residence address of the chairman
or secretary of the committee.
In Advisory Opinion 1978-24, copy enclosed, the Commission
addressed the relationship of 2 U.S.C. SS 441d to a
state statute requiring party designation on all campaign
advertising. The Commission considered 2 U.S.C. SS 453 which
provides that the Act and regulations prescribed thereunder
"supersede and preempt any provision of state law with respect
to election for Federal office" and applicable legislative
history to conclude that relevant provisions of the Act,
specifically 2 U.S.C. SS 441d and applicable regulations supersede
and preempt the state statute requirement. In view of this
prior decision that the Act preempts State law as to required
disclosure in conducting political campaigns for Federal
office, the Commission concludes that 2 U.S.C. SS 441d and 11
CFR 110.11 supersede and preempt the cited Ohio statute
requiring the name and residence of organization chairman
or secretary. Moreover, the Commission agrees that the
statement "Paid for by Ruth Miller for Congress Committee"
would satisfy all disclosure requirements under 2 U.S.C.
SS 441d(1).
This response constitutes an advisory opinion concerning
application of the Act, or regulations prescribed by the
Commission, to the specific transaction or activity set forth
in your request. See 2 U.S.C. SS 437f.