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Title 26 — Internal Revenue CodeRelease 119-73

§9012 Criminal penalties

Title 26 › Subtitle Subtitle H— - Financing of Presidential Election Campaigns › Chapter CHAPTER 95— - PRESIDENTIAL ELECTION CAMPAIGN FUND › § 9012

Last updated Apr 6, 2026|Official source

Summary

It is illegal for presidential candidates and their campaign committees to break the rules about qualified campaign expenses and public payments. An eligible candidate or an authorized committee must not intentionally spend more than the total public payments allowed for major-party candidates under section 9004. If they do, the penalty is a fine up to $5,000, up to one year in jail, or both; committee officers who agree to the violation face the same penalty. Major-party candidates and their committees may not intentionally accept contributions to pay qualified campaign expenses except to cover specific shortfalls under section 9006(c) or certain expenses excluded by section 9002(11)(C). Candidates from other parties and their committees may not accept or keep contributions to cover qualified campaign expenses in an amount greater than the actual qualified expenses they incurred. Violations carry the same $5,000 and one-year penalties. Money paid under section 9006 can only be used to pay the qualified campaign expenses it was meant for or to repay loans or restore other non-contribution funds used for those expenses. Using those payments for other purposes on purpose can lead to a fine up to $10,000, up to five years in jail, or both. Giving false information to the Commission, hiding or refusing to give requested records, or failing to provide required information is also punishable by up to $10,000 and five years in prison. It is illegal to give or accept any kickback or illegal payment tied to qualified campaign expenses; that carries up to $10,000 and five years in jail, and anyone who accepts such a payment must also pay 125 percent of it to the Treasury. Political committees that are not the candidates’ authorized committees may not intentionally spend more than $1,000 on expenses that would be qualified campaign expenses for the candidates, with narrow exceptions for news broadcasters and certain tax-exempt organizations; those committees and responsible individuals face fines up to $5,000 and responsible persons may face up to one year in jail. Finally, individuals may not disclose information obtained under this chapter except when the law requires it; that violation can bring a fine up to $5,000 and up to one year in jail.

Full Legal Text

Title 26, §9012

Internal Revenue Code — Source: USLM XML via OLRC

(a)(1)It shall be unlawful for an eligible candidate of a political party for President and Vice President in a presidential election or any of his authorized committees knowingly and willfully to incur qualified campaign expenses in excess of the aggregate payments to which the eligible candidates of a major party are entitled under section 9004 with respect to such election.
(2)Any person who violates paragraph (1) shall be fined not more than $5,000, or imprisoned not more than one year or both. In the case of a violation by an authorized committee, any officer or member of such committee who knowingly and willfully consents to such violation shall be fined not more than $5,000, or imprisoned not more than one year, or both.
(b)(1)It shall be unlawful for an eligible candidate of a major party in a presidential election or any of his authorized committees knowingly and willfully to accept any contribution to defray qualified campaign expenses, except to the extent necessary to make up any deficiency in payments received out of the fund on account of the application of section 9006(c), or to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(11).
(2)It shall be unlawful for an eligible candidate of a political party (other than a major party) in a presidential election or any of his authorized committees knowingly and willfully to accept and expend or retain contributions to defray qualified campaign expenses in an amount which exceeds the qualified campaign expenses incurred with respect to such election by such eligible candidate and his authorized committees.
(3)Any person who violates paragraph (1) or (2) shall be fined not more than $5,000, or imprisoned not more than one year, or both. In the case of a violation by an authorized committee, any officer or member of such committee who knowingly and willfully consents to such violation shall be fined not more than $5,000, or imprisoned not more than one year, or both.
(c)(1)It shall be unlawful for any person who receives any payment under section 9006, or to whom any portion of any payment received under such section is transferred, knowingly and willfully to use, or authorize the use of, such payment or such portion for any purpose other than—
(A)to defray the qualified campaign expenses with respect to which such payment was made, or
(B)to repay loans the proceeds of which were used, or otherwise to restore funds (other than contributions to defray qualified campaign expenses which were received and expended) which were used, to defray such qualified campaign expenses.
(2)Any person who violates paragraph (1) shall be fined not more than $10,000, or imprisoned not more than five years, or both.
(d)(1)It shall be unlawful for any person knowingly and willfully—
(A)to furnish any false, fictitious, or fraudulent evidence, books, or information to the Commission under this subtitle, or to include in any evidence, books, or information so furnished any misrepresentation of a material fact, or to falsify or conceal any evidence, books, or information relevant to a certification by the Commission or an examination and audit by the Commission under this chapter; or
(B)to fail to furnish to the Commission any records, books, or information requested by it for purposes of this chapter.
(2)Any person who violates paragraph (1) shall be fined not more than $10,000, or imprisoned not more than five years, or both.
(e)(1)It shall be unlawful for any person knowingly and willfully to give or accept any kickback or any illegal payment in connection with any qualified campaign expense of eligible candidates or their authorized committees.
(2)Any person who violates paragraph (1) shall be fined not more than $10,000, or imprisoned not more than five years, or both.
(3)In addition to the penalty provided by paragraph (2), any person who accepts any kickback or illegal payment in connection with any qualified campaign expense of eligible candidates or their authorized committees shall pay to the Secretary of the Treasury, for deposit in the general fund of the Treasury, an amount equal to 125 percent of the kickback or payment received.
(f)(1)Except as provided in paragraph (2), it shall be unlawful for any political committee which is not an authorized committee with respect to the eligible candidates of a political party for President and Vice President in a presidential election knowingly and willfully to incur expenditures to further the election of such candidates, which would constitute qualified campaign expenses if incurred by an authorized committee of such candidates, in an aggregate amount exceeding $1,000.
(2)This subsection shall not apply to (A) expenditures by a broadcaster regulated by the Federal Communications Commission, or by a periodical publication, in reporting the news or in taking editorial positions, or (B) expenditures by any organization described in section 501(c) which is exempt from tax under section 501(a) in communicating to its members the views of that organization.
(3)Any political committee which violates paragraph (1) shall be fined not more than $5,000, and any officer or member of such committee who knowingly and willfully consents to such violation and any other individual who knowingly and willfully violates paragraph (1) shall be fined not more than $5,000, or imprisoned not more than one year, or both.
(g)(1)It shall be unlawful for any individual to disclose any information obtained under the provisions of this chapter except as may be required by law.
(2)Any person who violates paragraph (1) shall be fined not more than $5,000, or imprisoned not more than one year, or both.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

ConstitutionalityFor information regarding the constitutionality of certain provisions of this section, as added by section 801 of Pub. L. 92–178, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.

Amendments

2014—Subsec. (a)(1). Pub. L. 113–94, § 2(c)(2)(A), struck out at end “It shall be unlawful for the national committee of a major party or minor party knowingly and willfully to incur expenses with respect to a presidential nominating convention in excess of the expenditure limitation applicable with respect to such committee under section 9008(d), unless the incurring of such expenses is authorized by the Commission under section 9008(d)(3).” Subsec. (c)(2), (3). Pub. L. 113–94, § 2(c)(2)(B), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “It shall be unlawful for the national committee of a major party or minor party which receives any payment under section 9008(b)(3) to use, or authorize the use of, such payment for any purpose other than a purpose authorized by section 9008(c).” Subsec. (e)(1). Pub. L. 113–94, § 2(c)(2)(C), struck out at end “It shall be unlawful for the national committee of a major party or minor party knowingly and willfully to give or accept any kickback or any illegal payment in connection with any expense incurred by such committee with respect to a presidential nominating convention.” Subsec. (e)(3). Pub. L. 113–94, § 2(c)(2)(D), struck out “, or in connection with any expense incurred by the national committee of a major party or minor party with respect to a presidential nominating convention” after “authorized committees”. 1976—Subsec. (b)(1). Pub. L. 94–283 substituted “9006(c)” for “9006(d)”. Subsec. (e)(3). Pub. L. 94–455 substituted “Secretary of the Treasury” for “Secretary”. 1974—Subsec. (a). Pub. L. 93–443, § 406(b)(2), (3), struck out “campaign” before “expenses” in heading and inserted in par. (1) provision making it unlawful for a national committee of a major or minor party knowingly and willfully to incur expenses with respect to a presidential nominating convention in excess of applicable expenditure limitation unless authorized by the Commission. Subsec. (c)(2), (3). Pub. L. 93–443, § 406(b)(4), added par. (2) and redesignated former par. (2) as (3). Subsec. (d)(1). Pub. L. 93–443, § 404(c)(22), substituted “Commission” for “Comptroller General” wherever appearing and “it” for “him”. Subsec. (e)(1). Pub. L. 93–443, § 406(b)(6), inserted provision making it unlawful for a national committee of a major or minor party knowingly and willfully to give or accept any kickback or any illegal payment in connection with any expense of such committee with respect to a presidential nominating convention. Subsec. (e)(3). Pub. L. 93–443, § 406(b)(6), inserted requirement of payment, by any person accepting any kickback or illegal payment in connection with any expense incurred by the national committee of a major or minor party with respect to a presidential nominating convention, to the Secretary for deposit in the general fund of the Treasury. 1973—Subsec. (b)(1). Pub. L. 93–53 substituted section “9006(d)” for “9006(c)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1974 AmendmentAmendment by Pub. L. 93–443 applicable with respect to taxable years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub. L. 93–443, set out as a note under section 30101 of Title 52, Voting and Elections.

Effective Date

of 1973 AmendmentAmendment by Pub. L. 93–53 applicable with respect to taxable years beginning after Dec. 31, 1972, see section 6(d) of Pub. L. 93–53, set out as a note under section 6096 of this title.

Reference

Citations & Metadata

Citation

26 U.S.C. § 9012

Title 26 — Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73