§ 9003. — Condition for eligibility for payments.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 26USC9003]
TITLE 26--INTERNAL REVENUE CODE
Subtitle H--Financing of Presidential Election Campaigns
CHAPTER 95--PRESIDENTIAL ELECTION CAMPAIGN FUND
Sec. 9003. Condition for eligibility for payments
(a) In general
In order to be eligible to receive any payments under section 9006,
the candidates of a political party in a presidential election shall, in
writing--
(1) agree to obtain and furnish to the Commission such evidence
as it may request of the qualified campaign expenses of such
candidates,
(2) agree to keep and furnish to the Commission such records,
books, and other information as it may request, and
(3) agree to an audit and examination by the Commission under
section 9007 and to pay any amounts required to be paid under such
section.
(b) Major parties
In order to be eligible to receive any payments under section 9006,
the candidates of a major party in a presidential election shall certify
to the Commission, under penalty of perjury, that--
(1) such candidates and their authorized committees will not
incur qualified campaign expenses in excess of the aggregate
payments to which they will be entitled under section 9004, and
(2) no contributions to defray qualified campaign expenses have
been or will be accepted by such candidates or any of their
authorized committees except to the extent necessary to make up any
deficiency in payments received out of the fund on account of the
application of section 9006(d),\1\ and no contributions to defray
expenses which would be qualified campaign expenses but for
subparagraph (C) of section 9002(11) have been or will be accepted
by such candidates or any of their authorized committees.
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\1\ So in original. Section 9006(d) redesignated 9006(c) by Pub. L.
94-283.
Such certification shall be made within such time prior to the day of
the presidential election as the Commission shall prescribe by rules or
regulations.
(c) Minor and new parties
In order to be eligible to receive any payments under section 9006,
the candidates of a minor or new party in a presidential election shall
certify to the Commission under penalty of perjury, that--
(1) such candidates and their authorized committees will not
incur qualified campaign expenses in excess of the aggregate
payments to which the eligible candidates of a major party are
entitled under section 9004, and
(2) such candidates and their authorized committees will accept
and expend or retain contributions to defray qualified campaign
expenses only to the extent that the qualified campaign expenses
incurred by such candidates and their authorized committees
certified to under paragraph (1) exceed the aggregate payments
received by such candidates out of the fund pursuant to section
9006.
Such certification shall be made within such time prior to the day of
the presidential election as the Commission shall prescribe by rules or
regulations.
(d) Withdrawal by candidate
In any case in which an individual ceases to be a candidate as a
result of the operation of the last sentence of section 9002(2), such
individual--
(1) shall no longer be eligible to receive any payments under
section 9006, except that such individual shall be eligible to
receive payments under such section to defray qualified campaign
expenses incurred while actively seeking election to the office of
President of the United States or to the office of Vice President of
the United States in more than one State; and
(2) shall pay to the Secretary, as soon as practicable after the
date upon which such individual ceases to be a candidate, an amount
equal to the amount of payments received by such individual under
section 9006 which are not used to defray qualified campaign
expenses.
(e) Closed captioning requirement
No candidate for the office of President or Vice President may
receive amounts from the Presidential Election Campaign Fund under this
chapter or chapter 96 unless such candidate has certified that any
television commercial prepared or distributed by the candidate will be
prepared in a manner which ensures that the commercial contains or is
accompanied by closed captioning of the oral content of the commercial
to be broadcast in line 21 of the vertical blanking interval, or is
capable of being viewed by deaf and hearing impaired individuals via any
comparable successor technology to line 21 of the vertical blanking
interval.
(Added Pub. L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85 Stat.
564; amended Pub. L. 93-53, Sec. 6(c), July 1, 1973, 87 Stat. 139; Pub.
L. 93-443, title IV, Secs. 404(c)(4), (5), 405(b), Oct. 15, 1974, 88
Stat. 1292, 1294; Pub. L. 94-283, title III, Sec. 306(a)(2), May 11,
1976, 90 Stat. 500; Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct.
4, 1976, 90 Stat. 1834; Pub. L. 102-393, title V, Sec. 534(a), Oct. 6,
1992, 106 Stat. 1764.)
Amendments
1992--Subsec. (e). Pub. L. 102-393 added subsec. (e).
1976--Subsec. (d). Pub. L. 94-455 struck out ``or his delegate''
after ``Secretary''.
Pub. L. 94-283 added subsec. (d).
1974--Subsec. (a). Pub. L. 93-443, Secs. 404(c)(4), 405(b),
substituted ``Commission'' and ``it'' for ``Comptroller General'' and
``he'', respectively, wherever appearing, struck out in par. (1) ``with
respect to which payment is sought'' after ``campaign expenses'' and
struck out par. (4) requirement for an agreement to furnish statements
of qualified campaign expenses and proposed qualified campaign expenses
required under section 9008 of this title.
Subsecs. (b), (c). Pub. L. 93-443, Sec. 404(c)(5), substituted
``Commission'' for ``Comptroller General'' wherever appearing.
1973--Subsec. (b)(2). Pub. L. 93-53 substituted section ``9006(d)''
for ``9006(c)''.
Effective Date of 1992 Amendment
Section 534(b) of Pub. L. 102-393 provided that: ``The amendment
made by subsection (a) [amending this section] shall apply to amounts
made available under chapter 95 or 96 of the Internal Revenue Code of
1986 more than thirty days after the date of the enactment of this Act
[Oct. 6, 1992].''
Effective Date of 1976 Amendment
Amendment by 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 of 1974 Amendment
Amendment by Pub. L. 93-443 applicable with respect to taxable years
beginning after Dec. 31, 1974, see section 410(c)(1) of Pub. L. 93-443,
set out as a note under section 431 of Title 2, The Congress.
Effective Date of 1973 Amendment
Amendment by Pub. L. 93-53 applicable with respect to taxable years
beginning after Dec. 31, 1972, see section 6(d) of Pub. L. 93-53, set
out as a note under section 6096 of this title.
Section Referred to in Other Sections
This section is referred to in sections 9002, 9004, 9005 of this
title; title 2 section 441a.
