§9042 — Title 26 Internal Revenue Code | U.S. Code

Summary

Breaking the spending limits for publicly funded presidential primary campaigns is a crime punishable by a fine of up to $25,000, up to 5 years in prison, or both. A political committee officer who knowingly approves such spending faces the same punishment. Knowingly using federal matching-fund payments for anything other than qualified campaign expenses, or repaying loans that covered those expenses, can bring a fine of up to $10,000, up to 5 years in prison, or both. The same penalty applies to knowingly giving the Commission false or fraudulent records, hiding relevant evidence, or refusing to hand over requested records, and to knowingly giving or taking kickbacks or illegal payments tied to campaign expenses. Anyone who accepts a kickback must also pay the government 125 percent of what they received.

Title 26, §9042

Internal Revenue Code — Source: USLM XML via OLRC

(a)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)(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)(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)(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