OCR Text |
Show DK&t3 THI DAILY TUESDAY, MARCH 28, RECORD Office of the Attorney General OPINION NO. Homer Holmgren, Frank V. Nelson 1 QUESTIONS t What is the 7 effect of the recently enacted 92nd Congress S. itation (Public Law 7 1972) (United States senator, 382,'Feb United States representative or governor), on the Utah Limitations of Campaign Spending. Act chapter 3 Laws of Utah 1971 First Special Session. 92-2- 25 authority or discretion does the State Auditor have to hire special auditors to assist him in enforcing the Utah Limitations of Campaign Spending Act (United states senator United States representative or governor) provided in Chapter 3, Laws of Utah 1971, First Special Session. The recent Legislature appropriated $10,000 to cover costs. What See opinion. CONCLUSIONS! of Congrcnu 92nd Congress Public Laws S. 382, February 1972, limits candidates for senator or the House to 10 cents for each voting age citizen, 38 years or older, as determined by the Census Bureau in advance of the election, or $50,000 whichever is greater. These expenditures, what is termed "Cojnmunication Media", arc limited to television, radio, newspapers, magazines, billboards and trlrwhones. The 10 cents may be spent on primary, campaigns, runoff elections and general elections making a possible 30 cents a in an a election year, or possible $150,000. Not covered by this limit are a multitude of things such as direct mail advorti sing, operation of. car.nainn headquarters, pay of staff assistants and aides, travel and i.rnnr.nortntion costs, hotels, meals, fees for consultants, comautors. pollsters, film makers, researchers, speech writers, expenditures for bumper stickers, campaign buttons and other paraphernalia. The Act Assistant Attorney General Assistant Attorney General federal legislation on campaign expense lim- 2. as inconsistent with ah act of EXPENDITURES Vernon B. Romney, Attorney General BY i PREPARED J. Preece, State Auditor Sherman BY REQUESTED co oe regarded Congress passed under the Constitution unless the repugnance or conflict is so direct and that the two acts cannot be reconciled orpositive stand 1972 Match 22 State of Utah is noc 72-0- 14 1972 92-2- 25 hc-a- Section Sec. 13 of Chapter 3, 1971 Session 20-14-- 18, that no personal campaign committee for- any candidate for U. S. senator or U. S. representative shall expend during the campaign period an amount in excess of 25fi per vote for each vote cast for that office in the noxt preceding election in which a person was elected to that office: not more than 70 may be made after tho date of the primary election. The Utah statute limits all expenditures to the 25 per vote. (It is to be noted that this section likewise applies to tho office of governor but its effect on that office has not been stated since that office is not covered by the federal expressly law as noted at the outset of this opinion.) Laws, provides - i the federal legislation would have no effect upon the campaign expenses relative to the office of governor as covered by the state legislation, chapter 3 1971 Special Session LRws expressly excludes from its provisions candidates for president and vice president of the United States. So we are concerned, only with candidates for United States senator and representatives to the House of Representatives. As to the campaign expenses covoring United States senators and United States representatives the federal legislation would be supreme and any conflict between that legislation and the Utah legislation would be resolved by the federal legislation. In 16 Am. Air.' 2d Conflict of Laws, p. 18, Sec. 8 is the following: "the authority of the United States Government is supreme in its cognizance Sf all subjects which the constitution has committed to it. Consequently there can be no conflict of authority in the sense herd given to the term, between a state and the Unitod States in respect to such a matter, the former being always subordinated and the latter paramount. A slate law which contravenes a valid law of the . United States is void... A state may legislate upon matters which are local in character although embraced within the federal authority until such t.imc as the federal authority may be exorcised by act of congress. The states however cannot invade a field which bolongs exclusively to Congress. Likewise where Congress has legislated upon a subject which is within its constitutional control and over which' it has the right to assume exclusive jurisdiction and has manifested its intention to deal therewith in full the authority of the states is necessarily. excluded and any state legislation on the subject is void. Moreover, the states have no right to interfero or, by way of complement to the legislation of Congress, to prescribe additional regulations and what they deem auxiliary provisions for the same purpose." In 16 Am is this statement Jur. on 2d p. Sec. 226 the subjects 55 Constitutional Law - to the first question is whether Congress Co. v. Winfield. 244 U.S. 147, 61 L.Ed. 145 the court held that in enacting the Federal Employers .Liability Act Congress intended to cover the entire field governing the liability of railroads engaged in. interstate commerce toward their employees negligence, being the basis of such liability and hence an employee nqt injured by the railroad's York C. R negligence could not be granted Workmen's Compensation under New York State law justice Brsndeis dissented as he felt the two laws Were not in conflict and Congress had not the entire field Ho quotes from Missouri K. T. r. Co. v. nabor 169 U. S. 613, 42 L.Ed 878. 18 Sup. Ct. Rep. 488 as follows! pre-empt- act. Sec. 20-14- -9, receipts. The statements of the personal campaign commibe filed with the filing officer of the shall ttee respective candidates and with the state auditor. However, the state auditor may "cooperate with the election officials of the federal government to develop procedures which will eliminate the necessity of multiple filings by permitting filings of federal reto ports legislate in full KeW The reports for a senator's expenditures must be filed with the Secretary of the Senate and those for a with the Clerk of tho House. These two officers, representative termed "supervisory officers", are required to issue specific rules and regulations for carrying out the law within 60 days of its enactment, or by April 7th. These two officers are charged with supervising and enforcing the act. and upon the entire subject of limitation of campaign expenditures and contributions and if not whether there is any conflict between the federal statute and the Utah statute In be reported. The act fixes the times when these reports arc duo. There is no limit an individual may contribute that the candidate and his family may not contribute more except than $35,000 for the Senate and $25,000 for tho House. ments. Persons receiving disbursements from the personal camcommittee of candidates paign for senator and shall file for each such committee a statement representative at stat.ed times during a campaign period reflecting such person's disbursements are always subordinate and federal laws enacted pursuant to the constitution are always para mount! hence a state law is void if contrary to a valid act of Congress." Tho answer $10 requires the secretary of the persona campaign committee of every candidate for senator or representative to file financial reports at stated times during the campaign period reflecting all receipts and disburse laws intended to federal act requires that contributions over The must be reported. Contributions or expenditures in an aggregate amount of more than $100, with full identification of the donor and recipient, including sale of tickets to fund events, raising collections at rallies, sal of campaign paraphernalia, and any loans, debts or other obligations on a cumulative basis must Tho Utah "Since laws enacted in pursuance of the federal constitution are given supreme status by khe constitution itself, it follows that such federal laws control the constitutions and laws of the states and cannot be controlled by them, state 1 REPORTS ed "The question must, of course, be determined with roferonce to the settlod rule that a statute enacted in execution of a r.osorved power of the state all sums satisfy state requirements." of money and all property Each statement must show and every other thing of personal campaign committee value received by the candidate's or party committee, every disbursement, every contract to make any disbursement and supporting documentation by photostatic copies and affidavits. (Same coiiiment as to office of governor applies to this section as noted regarding Sec. U.c A 1953, in parenthesis above.) 20-14-- Are the act invalid? two 18, acts conflicting so as to render the state It will be noted that the federal act covers only certain kinds of expenditures, lumped under the title of "communications media" expenditures, which term is defined in the act as broadcasting stations, newspapers, magazines, outdoor advertising facilities and telephones, whereas the state act covers all expenditures. The federal act fixes the maximum amounts which can be contributed by the candidate and his family and the total amount of expenditures that can be expended for the purposes stated in the act, 10rf for each voting age citizen for each primary campaign, runoff election and the general or $50,000 for each election. As to these matters theelection, federal act is supreme and may not be altered by anything contained in the state act. While a state could limit campa expenses with respect to such expenses as are not encompassedignwithin the scope of "communication media" expenses as defined by the federal law Utah's law is not so limited but embraces all expenses, hence it necessarily restricts "communication media" expenses as well as all others. Thus the Utah law with to such limitarespect tions cannot be oiven effect as a result of the congressional SwSrtWh ( 7. ; - , - 1 RDD4IS - i 1 m - |