PRIA, Government Policy, Made Personal

Summary

To get matching payments, a candidate must sign a written agreement to give the Commission proof of qualified campaign expenses, keep and give any records the Commission asks for, agree to an audit and to pay amounts required by the audit, and certify that they will not exceed the campaign spending limits, are seeking a political party’s nomination for President, have received more than $5,000 in matching contributions from residents of at least 20 States, and that no one person’s certified contributions exceed $250. Payments stop if the person stops being a candidate under the law, or more than 30 days after the second primary in a row where the person gets less than 10% of the party’s vote and still allowed their name on the ballot, unless they tell the Commission they will not be an active candidate in that primary. Payments can still be made to cover qualified expenses incurred before the date they became ineligible. If several State primaries happen the same day, the candidate’s percentage for that date is the highest percentage they got in any one of those primaries. The Commission can later declare someone a candidate again if they are actively seeking election in more than one State without making them redo the original eligibility steps, and a candidate who later gets 20% or more in a subsequent primary may again receive payments, including amounts missed.

Title 26, §9033

Internal Revenue Code, Source: USLM XML via OLRC

(a)Conditions

To be eligible to receive payments under section 9037, a candidate shall, in writing—

(1)agree to obtain and furnish to the Commission any evidence it may request of qualified campaign expenses,

(2)agree to keep and furnish to the Commission any records, books, and other information it may request, and

(3)agree to an audit and examination by the Commission under section 9038 and to pay any amounts required to be paid under such section.

(b)Expense limitation; declaration of intent; minimum contributions

To be eligible to receive payments under section 9037, a candidate shall certify to the Commission that—

(1)the candidate and his authorized committees will not incur qualified campaign expenses in excess of the limitations on such expenses under section 9035,

(2)the candidate is seeking nomination by a political party for election to the office of President of the United States,

(3)the candidate has received matching contributions which in the aggregate, exceed $5,000 in contributions from residents of each of at least 20 States, and

(4)the aggregate of contributions certified with respect to any person under paragraph (3) does not exceed $250.

(c)Termination of payments

(1)General rule

Except as provided by paragraph (2), no payment shall be made to any individual under section 9037—

(A)if such individual ceases to be a candidate as a result of the operation of the last sentence of section 9032(2); or

(B)more than 30 days after the date of the second consecutive primary election in which such individual receives less than 10 percent of the number of votes cast for all candidates of the same party for the same office in such primary election, if such individual permitted or authorized the appearance of his name on the ballot, unless such individual certifies to the Commission that he will not be an active candidate in the primary involved.

(2)Qualified campaign expenses; payments to Secretary

Any candidate who is ineligible under paragraph (1) to receive any payments under section 9037 shall be eligible to continue to receive payments under section 9037 to defray qualified campaign expenses incurred before the date upon which such candidate becomes ineligible under paragraph (1).

(3)Calculation of voting percentage

For purposes of paragraph (1)(B), if the primary elections involved are held in more than one State on the same date, a candidate shall be treated as receiving that percentage of the votes on such date which he received in the primary election conducted on such date in which he received the greatest percentage vote.

(4)Reestablishment of eligibility

(A)In any case in which an individual is ineligible to receive payments under section 9037 as a result of the operation of paragraph (1)(A), the Commission may subsequently determine that such individual is a candidate upon a finding that such individual is actively seeking election to the office of President of the United States in more than one State. The Commission shall make such determination without requiring such individual to reestablish his eligibility to receive payments under subsection (a).

(B)Notwithstanding the provisions of paragraph (1)(B), a candidate whose payments have been terminated under paragraph (1)(B) may again receive payments (including amounts he would have received but for paragraph (1)(B)) if he receives 20 percent or more of the total number of votes cast for candidates of the same party in a primary election held after the date on which the election was held which was the basis for terminating payments to him.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1976—Subsec. (b)(1). Pub. L. 94–283, § 305(c), substituted “limitations” for “limitation”. Subsec. (c). Pub. L. 94–283, § 306(b)(2), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1976 AmendmentAmendment by section 306(b)(2) 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.

§9033 Eligibility for Payments

Summary

Title 26, §9033

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata