§ 9033. — 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: 26USC9033]
TITLE 26--INTERNAL REVENUE CODE
Subtitle H--Financing of Presidential Election Campaigns
CHAPTER 96--PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT
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.
(Added Pub. L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat.
1299; amended Pub. L. 94-283, title III, Secs. 305(c), 306(b)(2), May
11, 1976, 90 Stat. 499, 500.)
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.
Section Referred to in Other Sections
This section is referred to in sections 9034, 9036, 9037 of this
title; title 2 section 441a.
