Internal Revenue Code:Sec. 9033. Eligibility for payments

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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. 9033. Eligibility for payments
 
    (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.
 

Sources

    (Added Pub. L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88
    Stat. 1299; amended Pub. L. 94-283, title III, Sec. 305(c),
    306(b)(2), May 11, 1976, 90 Stat. 499, 500.)
 

Miscellaneous

                                 AMENDMENTS
      1976 - Subsec. (b)(1). Pub. L. 94-283, Sec. 305(c), substituted
    ''limitations'' for ''limitation''.
      Subsec. (c). Pub. L. 94-283, Sec. 306(b)(2), added subsec. (c).
                      EFFECTIVE DATE OF 1976 AMENDMENT
      Amendment 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.
 

References

                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 9034, 9036, 9037 of this
    title; title 2 section 441a.