26 U.S.C. § 9034

Entitlement of eligible candidates to payments

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(a) In general

Every candidate who is eligible to receive payments under section 9033 is entitled to payments under section 9037 in an amount equal to the amount of each contribution received by such candidate on or after the beginning of the calendar year immediately preceding the calendar year of the presidential election with respect to which such candidate is seeking nomination, or by his authorized committees, disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person on or after the beginning of such preceding calendar year exceeds $250. For purposes of this subsection and section 9033(b), the term “contribution” means a gift of money made by a written instrument which identifies the person making the contribution by full name and mailing address, but does not include a subscription, loan, advance, or deposit of money, or anything of value or anything described in subparagraph (B), (C), or (D) of section 9032(4).

(b) Limitations

The total amount of payments to which a candidate is entitled under subsection (a) shall not exceed 50 percent of the expenditure limitation applicable under section 315(b)(1)(A) of the Federal Election Campaign Act of 1971.

(Added Pub. L. 93–443, title IV, § 408(c), Oct. 15, 1974, 88 Stat. 1299; amended Pub. L. 94–283, title III, § 307(b), May 11, 1976, 90 Stat. 501; Pub. L. 110–172, § 11(a)(42)(D), Dec. 29, 2007, 121 Stat. 2488.)Editorial NotesReferences in Text

Section 315(b)(1)(A) of the Federal Election Campaign Act of 1971, referred to in subsec. (b), is classified to section 30116(b)(1)(A) of Title 52, Voting and Elections.

Amendments

2007—Subsec. (b). Pub. L. 110–172 substituted “section 315(b)(1)(A)” for “section 320(b)(1)(A)”.

1976—Subsec. (b). Pub. L. 94–283 substituted “section 320(b)(1)(A) of the Federal Election Campaign Act of 1971” for “section 608(c)(1)(A) of title 18, United States Code”.

Statutory Notes and Related SubsidiariesEffective 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 9 cases, 1975–2008 · leading case: Comm. to Elect Lyndon La Rouche, Lyndon La Rouche & Leroy B. Jones v. Fed. Election Comm'n, 613 F.2d 834 (D.C. Cir. 1980).

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Comm. to Elect Lyndon La Rouche, Lyndon La Rouche & Leroy B. Jones v. Fed. Election Comm'n, 613 F.2d 834 (D.C. Cir. 1980). · cites it 4× “That determination, with a narrow exception discussed below, is limited to deciding, on the face of the candidate’s submission, (1) whether the reported contributions are in fact “contributions” within the meaning of the Act, 26 U.S.C. § 9034 (a) (1976), and (2) whether the…”

Bush-Quayle '92 Primary Comm., Inc. v. Fed. Election Comm'n, 104 F.3d 448 (D.C. Cir. 1997). “26 U.S.C. § 9034 (a), (b). As a condition to receiving the funds, the candidate must agree *450 to limit expenditures to “qualified campaign expenses,” defined as expenses incurred by the candidate “in connection with his campaign for nomination” that do’ not violate state or…”

Buckley v. Valeo, 519 F.2d 821 (D.C. Cir. 1975). “26 U.S.C. § 9034 (a). The threshold formula is also somewhat complex.”

Vote Choice, Inc. v. Di Stefano, 814 F. Supp. 195 (D.R.I. 1993). “26 U.S.C. § 9034 . 15 . In this regard, Leonard notes that the presidential public funding scheme approved in Buckley authorizes only distributions of federal tax dollars in the form of matching funds and outright grants.”

Green Party of CT v. Garfield, 537 F. Supp. 2d 359 (D. Conn. 2008). “To be eligible for primary funds, a participating candidate must raise at least 5,000 dollars in each of 20 states in increments of 250 dollars or less per person, and must agree to abide by expenditure limitations.”

Kennedy for President Comm. & Edward M. Kennedy v. Fed. Election Comm'n, 734 F.2d 1558 (D.C. Cir. 1984). “26 U.S.C. § 9034 (a); see 11 C.F.R. § 9034.”

Paul Simon v. Fed. Election Comm'n, 53 F.3d 356 (D.C. Cir. 1995). “26 U.S.C. §§ 9034 (a) & 9037. Candidates may only use these funds to defray “qualified campaign expenses,” defined as expenses incurred in connection with the campaign for the presidential nomination that do not violate federal or state law.”

John Glenn Presidential Comm., Inc. v. Fed. Election Comm'n, 822 F.2d 1097 (D.C. Cir. 1987). “Under the Matching Payment Act prescription, 26 U.S.C. § 9034 , a candidate whose eligibility is established is entitled to receive federal *1099 funds to match individual contributions up to $250, subject to an overall ceiling of 50% of the expenditure limits stated in 2 U.”

Gelman v. Fed. Election Comm'n, 631 F.2d 939 (D.C. Cir. 1980). “26 U.S.C. § 9034 (a) (1976). The federal payment will match gifts received by the campaign “on or after the beginning of the calendar year immediately preceding the calendar year of the presidential election with respect to which such candidate is seeking nomination.”

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