§9032 — Title 26 Internal Revenue Code | U.S. Code

Summary

Defines important words used in this chapter about presidential primary funding. Authorized committee: a political committee that the presidential and vice-presidential candidates sign a written order to let it spend money for their campaigns; the order is sent to the committee chair and a copy is filed with the Federal Election Commission, and any withdrawal must also be written and filed the same way. Candidate: a person who seeks the party nomination for President by taking steps under state law to qualify, getting contributions or campaign spending, or letting others raise or spend money for them, and who is actively campaigning in more than one State. Commission: the Federal Election Commission created by section 306(a)(1) of the Federal Election Campaign Act of 1971. Contribution: money or anything of value given, promised, or transferred to influence a primary, starting on or after the start of the calendar year immediately before the presidential election year; it also covers transfers between committees and some payments for others’ services, but excludes unpaid volunteer services (with one limited exception) and payments under section 9037 (see 9034(a) for limits). Matching payment account: the Presidential Primary Matching Payment Account under section 9037(a). Matching payment period: from the start of the presidential election year until a party’s national convention names its nominee, or if no convention is used, until the party names a nominee or the last day of the last major party convention that year. Primary election: any election, runoff, convention, or caucus that picks delegates or shows preference for presidential nominees. Political committee: any person or group that accepts contributions or spends qualified campaign money to try to influence a presidential nomination. Qualified campaign expense: money spent by a candidate or their authorized committee for the nomination that does not break federal or state law. State: each State and the District of Columbia.

Title 26, §9032

Internal Revenue Code — Source: USLM XML via OLRC

For purposes of this chapter—

(1)The term “authorized committee” means, with respect to the candidates of a political party for President and Vice President of the United States, any political committee which is authorized in writing by such candidates to incur expenses to further the election of such candidates. Such authorization shall be addressed to the chairman of such political committee, and a copy of such authorization shall be filed by such candidates with the Commission. Any withdrawal of any authorization shall also be in writing and shall be addressed and filed in the same manner as the authorization.

(2)The term “candidate” means an individual who seeks nomination for election to be President of the United States. For purposes of this paragraph, an individual shall be considered to seek nomination for election if he (A) takes the action necessary under the law of a State to qualify himself for nomination for election, (B) receives contributions or incurs qualified campaign expenses, or (C) gives his consent for any other person to receive contributions or to incur qualified campaign expenses on his behalf. The term “candidate” shall not include any individual who is not actively conducting campaigns in more than one State in connection with seeking nomination for election to be President of the United States.

(3)The term “Commission” means the Federal Election Commission established by section 306(a)(1) of the Federal Election Campaign Act of 1971.

(4)Except as provided by section 9034(a), the term “contribution”—

(A)means a gift, subscription, loan, advance, or deposit of money, or anything of value, the payment of which was made on or after the beginning of the calendar year immediately preceding the calendar year of the presidential election with respect to which such gift, subscription, loan, advance, or deposit of money, or anything of value, is made, for the purpose of influencing the result of a primary election,

(B)means a contract, promise, or agreement, whether or not legally enforceable, to make a contribution for any such purpose,

(C)means funds received by a political committee which are transferred to that committee from another committee, and

(D)means the payment by any person other than a candidate, or his authorized committee, of compensation for the personal services of another person which are rendered to the candidate or committee without charge, but

(E)does not include—

(i)except as provided in subparagraph (D), the value of personal services rendered to or for the benefit of a candidate by an individual who receives no compensation for rendering such service to or for the benefit of the candidate, or

(ii)payments under section 9037.

(5)The term “matching payment account” means the Presidential Primary Matching Payment Account established under section 9037(a).

(6)The term “matching payment period” means the period beginning with the beginning of the calendar year in which a general election for the office of President of the United States will be held and ending on the date on which the national convention of the party whose nomination a candidate seeks nominates its candidate for the office of President of the United States, or, in the case of a party which does not make such nomination by national convention, ending on the earlier of (A) the date such party nominates its candidate for the office of President of the United States, or (B) the last day of the last national convention held by a major party during such calendar year.

(7)The term “primary election” means an election, including a runoff election or a nominating convention or caucus held by a political party, for the selection of delegates to a national nominating convention of a political party, or for the expression of a preference for the nomination of persons for election to the office of President of the United States.

(8)The term “political committee” means any individual, committee, association, or organization (whether or not incorporated) which accepts contributions or incurs qualified campaign expenses for the purpose of influencing, or attempting to influence, the nomination of any person for election to the office of President of the United States.

(9)The term “qualified campaign expense” means a purchase, payment, distribution, loan, advance, deposit, or gift of money or of anything of value—

(A)incurred by a candidate, or by his authorized committee, in connection with his campaign for nomination for election, and

(B)neither the incurring nor payment of which constitutes a violation of any law of the United States or of the State in which the expense is incurred or paid.

(10)The term “State” means each State of the United States and the District of Columbia.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 306(a)(1) of the Federal Election Campaign Act of 1971, referred to in par. (3), is classified to section 30106(a)(1) of Title 52, Voting and Elections.

Amendments

2007—Par. (3). Pub. L. 110–172 substituted “section 306(a)(1)” for “section 309(a)(1)”. 1976—Par. (2). Pub. L. 94–283, § 306(b)(1), inserted provision that “candidate” shall not include any individual who is not actively conducting campaigns in more than one State in connection with seeking nomination for election to be President of the United States. Par. (3). Pub. L. 94–283, § 115(c)(2), substituted “309(a)(1)” for “310(a)(1)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1976 AmendmentAmendment by section 306(b)(1) of Pub. L. 94–283 effective May 11, 1976, see section 306(c) of Pub. L. 94–283, set out as a note under section 9002 of this title.

Effective Date

Section applicable with respect to taxable years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub. L. 93–443, set out as an

Effective Date

of 1974 Amendment note under section 30101 of Title 52, Voting and Elections.

§9032 Definitions

Summary

Title 26, §9032

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata