Internal Revenue Code:Sec. 9032. Definitions

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Contents


Location in Internal Revenue Code


     TITLE 26 - INTERNAL REVENUE CODE
      Subtitle H - Financing of Presidential Election Campaigns
       CHAPTER 96 - PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT
     

Statute

    Sec. 9032. Definitions
 
      For the 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 309(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 or 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.
      For purposes of this paragraph, an expense is incurred by a
      candidate or by an authorized committee if it is incurred by a
      person specifically authorized in writing by the candidate or
      committee, as the case may be, to incur such expense on behalf of
      the candidate or the committee.
        (10) The term ''State'' means each State of the United States
      and the District of Columbia.
 

Sources

    (Added Pub. L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88
    Stat. 1297; amended Pub. L. 94-283, title I, Sec. 115(c)(2), title
    III, Sec. 306(b)(1), May 11, 1976, 90 Stat. 495, 500.)
 

References in Text

                             REFERENCES IN TEXT
      Section 309 of the Federal Election Campaign Act of 1971,
    referred to in par. (3), was renumbered section 306 of that Act by
    Pub. L. 96-187, title I, Sec. 105(3), Jan. 8, 1980, 93 Stat. 1354,
    and is classified to section 437c of Title 2, The Congress.
 

Miscellaneous

                                 AMENDMENTS
      1976 - Par. (2). Pub. L. 94-283, Sec. 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, Sec. 115(c)(2), substituted
    ''309(a)(1)'' for ''310(a)(1)''.
                      EFFECTIVE DATE OF 1976 AMENDMENT
      Amendment 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.
 

References

                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 9033, 9034 of this title.