U.S. Code
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Title 26
» Subtitle Subtitle H— Financing of Presidential Election Campaigns › Chapter CHAPTER 95— PRESIDENTIAL ELECTION CAMPAIGN FUND
26 U.S.C. § 9003
Condition for eligibility for payments
(a) In generalIn 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 partiesIn 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(c), 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.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 partiesIn 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 candidateIn 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 requirementNo 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, § 801, Dec. 10, 1971, 85 Stat. 564; amended Pub. L. 93–53, § 6(c), July 1, 1973, 87 Stat. 139; Pub. L. 93–443, title IV, §§ 404(c)(4), (5), 405(b), Oct. 15, 1974, 88 Stat. 1292, 1294; Pub. L. 94–283, title III, § 306(a)(2), May 11, 1976, 90 Stat. 500; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 102–393, title V, § 534(a), Oct. 6, 1992, 106 Stat. 1764; Pub. L. 115–141, div. U, title IV, § 401(a)(338), Mar. 23, 2018, 132 Stat. 1200.)Editorial NotesAmendments2018—Subsec. (b)(2). Pub. L. 115–141 substituted “section 9006(c)” for “section 9006(d)”.
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, §§ 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, § 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)”.
Statutory Notes and Related SubsidiariesEffective Date of 1992 AmendmentPub. L. 102–393, title V, § 534(b), Oct. 6, 1992, 106 Stat. 1764, 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 AmendmentAmendment 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 AmendmentAmendment 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 30101 of Title 52, Voting and Elections.
Effective Date of 1973 AmendmentAmendment 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.
Notes of Decisions
Fed. Election Comm'n v. Nat'l Conservative Political Action Comm., 470 U.S. 480 (1985).
· cites it 2× “26 U. S. C. §§ 9003 (b)(2), 9012(b). Where there are no contributions being made directly to the candidate or his committee, and no expenditures of private funds subject to his direct control, "independent" expenditures are thrown into much starker relief.”
Buckley v. Valeo, 424 U.S. 1 (1976).
“, 26 U. S. C. §§ 9003 , 9007, 9033, 9038 (1970 ed.”
Repub. Nat'l Comm. v. Fed. Election Comm'n, 487 F. Supp. 280 (S.D.N.Y. 1980).
· cites it 4× “that the principal provisions of the Fund Act under attack as unconstitutional are those in 26 U.S.C. § 9003 (b), 1 which specifies that a presidential candidate, in order to be eligible for payments out of the “Presidential Election Campaign Fund,” 26 U.”
Buckley v. Valeo, 519 F.2d 821 (D.C. Cir. 1975).
· cites it 2× “See 26 U.S.C. §§ 9003 (b)(1), 9004(a)(1). Viewed in this context we are not prepared to say that the provisions for general election funding invidiously discriminate against third parties and independents.”
Green Party of CT v. Garfield, 537 F. Supp. 2d 359 (D. Conn. 2008).
· cites it 3× “” 26 U.S.C. § 9003 (b). Minor party candidates are entitled to receive a fraction of the 20 million dollars equal to the ratio of “the number of popular votes received by the candidate for President of the minor party .”
Reagan Bush Comm. v. Fed. Election Comm'n, 525 F. Supp. 1330 (D.D.C. 1981).
· cites it 2× “26 U.S.C. § 9003 (a). 1 The FEC is the agency responsible for administering the provisions of the two *1334 acts.”
Repub. Nat'l Comm. v. Fed. Election Comm'n, 461 F. Supp. 570 (S.D.N.Y. 1978).
“26 U.S.C. § 9003 (b). The amount to which each major party candidate is entitled under § 9004 cannot exceed the campaign expenditure 4 limitations set forth in the Federal Election Campaign Act, i.”
Hassan v. Fed. Election Comm'n, 893 F. Supp. 2d 248 (D.D.C. 2012).
“Only “candidates” of a political party are eligible for payments, pursuant to 26 U.S.C. § 9003 (a). 2 The Fund Act provides for actions to construe it to be heard by a three-judge panel, in accordance with the provisions of 28 U.”
Carter-Mondale Reelection Comm., Inc. v. Fed. Election Comm'n, 642 F.2d 538 (D.C. Cir. 1980).
· cites it 5× “26 U.S.C. § 9003 . It is apparent that an application of the largely future-looking eligibility criteria of the Presidential Election Campaign Fund Act will depend on investigations conducted after certification, whereas compliance with the historical, *140 objective criteria of…”
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