2 U.S.C. § 453
Section 453 · State laws affected
This is § 403 of the Federal Election Campaign Act of 1971
Amended 3 times on record
Applied in 32 court decisions — leading case City of Cincinnati v. Ohio Council 8, American Federation of State, County & Municipal Employees (1991)
Most recently applied in Priorities USA v. Dana Nessel (October 2020)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Subject to subsection (b) of this section, 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.
Notwithstanding any other provision of this Act, a State or local committee of a political party may, subject to State law, use exclusively funds that are not subject to the prohibitions, limitations, and reporting requirements of the Act for the purchase or construction of an office building for such State or local committee.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
This Act, referred to in text, means the Federal Election Campaign Act of 1971, as amended, as defined by section 431 of this title.
Amendments
2002—Pub. L. 107–155 designated existing provisions as subsec. (a), inserted heading, substituted “Subject to subsection (b) of this section, the provisions of this Act” for “The provisions of this Act”, and added subsec. (b).
1974—Pub. L. 93–443 substituted provision for Pub. L. 92–225 and rules thereunder to supersede and preempt any provision of State law with respect to election to Federal office for prior provisions which in former subsec. (a) stated that nothing in Pub. L. 92–225 shall be deemed to invalidate or make inapplicable any provision of State law, except where compliance with such provision would result in a violation of Pub. L. 92–225 and in former subsec. (b) stated that no provision of State law shall be construed to prohibit any person from taking any action authorized by Pub. L. 92–225 or from making any expenditure which he could lawfully make under Pub. L. 92–225.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–155 effective Nov. 6, 2002, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section 431 of this title.
Effective Date of 1974 Amendment
Amendment by Pub. L. 93–443 effective Oct. 15, 1974, see section 410(b) of Pub. L. 93–443, set out as a note under section 431 of this title.