§ 9032. — Definitions.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 26USC9032]
TITLE 26--INTERNAL REVENUE CODE
Subtitle H--Financing of Presidential Election Campaigns
CHAPTER 96--PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT
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.
(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
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.
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.
Section Referred to in Other Sections
This section is referred to in sections 9033, 9034 of this title.
