PRIA, Government Policy, Made Personal

Summary

People who break rules about certain campaign spending can be fined or put in prison. If someone makes or allows spending that goes beyond the limits in section 9035, they can be fined up to $25,000, put in jail for up to 5 years, or both. Anyone who gets payments under section 9037 must only use them to pay qualifying campaign costs or to repay loans or restore funds used for those costs. Using those payments for other things can bring a fine up to $10,000, up to 5 years in jail, or both. It is illegal to lie to the Commission or to refuse to give records it asks for. That also can lead to a fine up to $10,000, up to 5 years in jail, or both. Giving or taking kickbacks linked to qualifying campaign expenses is forbidden. A person who takes such a payment faces the same fine and jail terms and must pay back 125 percent of the amount to the matching payment account.

Title 26, §9042

Internal Revenue Code, Source: USLM XML via OLRC

(a)Excess campaign expenses

Any person who violates the provisions of section 9035 shall be fined not more than $25,000, or imprisoned not more than 5 years, or both. Any officer or member of any political committee who knowingly consents to any expenditure in violation of the provisions of section 9035 shall be fined not more than $25,000, or imprisoned not more than 5 years, or both.

(b)Unlawful use of payments

(1)It is unlawful for any person who receives any payment under section 9037, or to whom any portion of any such payment 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 qualified campaign expenses, 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 qualified campaign expenses.

(2)Any person who violates the provisions of paragraph (1) shall be fined not more than $10,000, or imprisoned not more than 5 years, or both.

(c)False statements, etc.

(1)It is unlawful for any person knowingly and willfully—

(A)to furnish any false, fictitious, or fraudulent evidence, books, or information to the Commission under this chapter, 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 the provisions of paragraph (1) shall be fined not more than $10,000, or imprisoned not more than 5 years, or both.

(d)Kickbacks and illegal payments

(1)It is 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 a candidate, or his authorized committees, who receives payments under section 9037.

(2)Any person who violates the provisions of paragraph (1) shall be fined not more than $10,000, or imprisoned not more than 5 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 a candidate or his authorized committees shall pay to the Secretary for deposit in the matching payment account, an amount equal to 125 percent of the kickback or payment received.

Statutory Notes and Related Subsidiaries

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.

§9042 Criminal Penalties

Summary

Title 26, §9042

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata