§9007 — Title 26 Internal Revenue Code | U.S. Code

Summary

After every presidential election, the Federal Election Commission must audit the campaign spending of each party's candidates for President and Vice President who took public funds. If the audit finds the candidates were paid more than they were entitled to, spent more than the allowed amount, accepted contributions they should not have, or used the money for anything other than qualified campaign expenses, they must pay the excess back to the Treasury. Total repayments cannot exceed what the candidates received in public funds. The Commission must notify candidates of any repayment within 3 years after the election, and all repaid money goes into the general fund of the Treasury.

Title 26, §9007

Internal Revenue Code — Source: USLM XML via OLRC

(a)After each presidential election, the Commission shall conduct a thorough examination and audit of the qualified campaign expenses of the candidates of each political party for President and Vice President.

(b)(1)If the Commission determines that any portion of the payments made to the eligible candidates of a political party under section 9006 was in excess of the aggregate payments to which candidates were entitled under section 9004, it shall so notify such candidates, and such candidates shall pay to the Secretary of the Treasury an amount equal to such portion.

(2)If the Commission determines that the eligible candidates of a political party and their authorized committees incurred qualified campaign expenses in excess of the aggregate payments to which the eligible candidates of a major party were entitled under section 9004, it shall notify such candidates of the amount of such excess and such candidates shall pay to the Secretary of the Treasury an amount equal to such amount.

(3)If the Commission determines that the eligible candidates of a major party or any authorized committee of such candidates accepted contributions (other than contributions to make up deficiencies in payments out of the fund on account of the application of section 9006(c)) to defray qualified campaign expenses (other than qualified campaign expenses with respect to which payment is required under paragraph (2)), it shall notify such candidates of the amount of the contributions so accepted, and such candidates shall pay to the Secretary of the Treasury an amount equal to such amount.

(4)If the Commission determines that any amount of any payment made to the eligible candidates of a political party under section 9006 was used 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,

(5)No payment shall be required from the eligible candidates of a political party under this subsection to the extent that such payment, when added to other payments required from such candidates under this subsection, exceeds the amount of payments received by such candidates under section 9006.

(c)No notification shall be made by the Commission under subsection (b) with respect to a presidential election more than 3 years after the day of such election.

(d)All payments received by the Secretary of the Treasury under subsection (b) shall be deposited by him in the general fund of the Treasury.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1976—Subsec. (b). Pub. L. 94–455 substituted “Secretary of the Treasury” for “Secretary”. Subsec. (b)(3). Pub. L. 94–283 substituted “9006(c)” for “9006(d)”. Subsec. (d). Pub. L. 94–455 substituted “Secretary of the Treasury” for “Secretary”. 1974—Subsec. (a). Pub. L. 93–443, § 404(c)(9), substituted “Commission” for “Comptroller General”. Subsec. (b). Pub. L. 93–443, § 404(c)(10), substituted “Commission” and “it” for “Comptroller General” and “he”, respectively, wherever appearing. Subsec. (c). Pub. L. 93–443, § 404(c)(11), substituted “Commission” for “Comptroller General”. 1973—Subsec. (b)(3). 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.

§9007 Examinations and Audits; Repayments

Summary

Title 26, §9007

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata