U.S. Code » Title 26 » Subtitle Subtitle H— Financing of Presidential Election Campaigns › Chapter CHAPTER 96— PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT

26 U.S.C. § 9033

Eligibility for payments

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(a) ConditionsTo 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 contributionsTo 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 ruleExcept 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, § 408(c), Oct. 15, 1974, 88 Stat. 1299; amended Pub. L. 94–283, title III, §§ 305(c), 306(b)(2), May 11, 1976, 90 Stat. 499, 500.)Editorial NotesAmendments

1976—Subsec. (b)(1). Pub. L. 94–283, § 305(c), substituted “limitations” for “limitation”.

Subsec. (c). Pub. L. 94–283, § 306(b)(2), added subsec. (c).

Statutory Notes and Related SubsidiariesEffective 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.

Effective Date

Section applicable with respect to taxable years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub. L. 93–443, set out as an Effective Date of 1974 Amendment note under section 30101 of Title 52, Voting and Elections.

Notes of Decisions
Cited in 18 cases, 1975–2008 · leading case: Buckley v. Valeo, 519 F.2d 821 (D.C. Cir. 1975).
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Buckley v. Valeo, 519 F.2d 821 (D.C. Cir. 1975). · cites it 2× “26 U.S.C. § 9033 (b)(3). Only the first $250 of the contribution of any individual may be counted toward the $5000 total.”
Lyndon H. Larouche Larouche Democratic Campaign '88 v. Fed. Election Comm'n, 28 F.3d 137 (D.C. Cir. 1994). · cites it 2× “” 26 U.S.C. § 9033 (c)(2) (emphasis added).”
Carter/mondale Presidential Comm., Inc. v. Fed. Election Comm'n, 711 F.2d 279 (D.C. Cir. 1983). “Candidates who meet the eligibility requirements of 26 U.S.C. § 9033 are entitled to matching funds to help pay for “qualified campaign expenses,” see id.”
Fed. Election Comm'n v. Comm. to Elect Lyndon La Rouche, 613 F.2d 849 (D.C. Cir. 1980). “26 U.S.C. § 9033 (b)(3)-(4) (1976). Review of determinations in matching fund cases is centralized by statute in this court.”
Spannaus v. Fed. Election Comm'n, 641 F. Supp. 1520 (S.D.N.Y. 1986). · cites it 2× “26 U.S.C. § 9033 (a)(3). LaRouche submitted such an agreement in connection with his 1984 campaign, but the FEC found it to be inadequate because LaRouche had failed to honor a virtually identical agreement made in connection with his 1980 presidential campaign.”
Fulani v. League of Women Voters Educ. Fund, 684 F. Supp. 1185 (S.D.N.Y. 1988). “On January 28,1988, Fulani was certified by the Federal Election Commission (“FEC”) as eligible for presidential primary matching funds (“primary matching funds”) based on Fulani’s “threshold submission,” filed with the FEC pursuant to the Federal Primary Matching Payment…”
United States v. Hankin, Perch, Perch P. Hankin, 607 F.2d 611 (3rd Cir. 1979). “at 168a, in order to qualify for matching funds under the Presidential Primary Matching Funds Act, 26 U.S.C. § 9033 (1976), presidential candidates are required to raise $5,000 in each of 20 states through individual contributions not exceeding $250.”
Le Roy B. Jones v. Unknown Agents of the Fed. Election Comm'n, 613 F.2d 864 (D.C. Cir. 1979). “26 U.S.C. § 9033 (b)(3)-(4) (1976). For these purposes, the Act defines the term “contribution” as a “gift of money made by a written instrument which identifies the person making the contribution by full name and mailing address.”
Marion G. Robertson & Americans for Robertson, Inc. v. Fed. Election Comm'n, 45 F.3d 486 (D.C. Cir. 1995). “The Commission determined that petitioner's final date of eligibility for receipt of public funds was April 28, 1988, based upon petitioner’s successive poor showings in primary races, see 26 U.S.C. § 9033 (c)(1)(B). 2 . 2 U.S.C. § 441a(b)(l)(A) establishes per state and overall…”
Gelman v. Fed. Election Comm'n, 631 F.2d 939 (D.C. Cir. 1980). · cites it 7× “3 A candidate must also demonstrate that his candidacy enjoys at least a modicum of public support by collecting “matching contributions which in the aggregate, exceed $5,000 in contributions from residents of each of at least 20 States,” 26 U.S.C. § 9033 (b)(3) (1976).…”
Larouche's Comm. for a New Bretton Woods v. Fed. Election Comm'n, 439 F.3d 733 (D.C. Cir. 2006). “Pursuant to the Presidential Primary Matching Payment Account Act (the “Act”), see 26 U.S.C. § 9033 (a)(l)-(3); 11 C.F.R. § 9033.”
LaRouche v. State Bd. of Elections, 758 F.2d 998 (4th Cir. 1985). · cites it 3× “Prior to the state’s 1984 presidential primary election, the FEC received an application from the LaRouche Campaign for matching funds certification.”
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