§ 9008. — Payments for presidential nominating conventions.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 26USC9008]
TITLE 26--INTERNAL REVENUE CODE
Subtitle H--Financing of Presidential Election Campaigns
CHAPTER 95--PRESIDENTIAL ELECTION CAMPAIGN FUND
Sec. 9008. Payments for presidential nominating conventions
(a) Establishment of accounts
The Secretary shall maintain in the fund, in addition to any account
which he maintains under section 9006(a), a separate account for the
national committee of each major party and minor party. The Secretary
shall deposit in each such account an amount equal to the amount which
each such committee may receive under subsection (b). Such deposits
shall be drawn from amounts designated by individuals under section 6096
and shall be made before any transfer is made to any account for any
eligible candidate under section 9006(a).
(b) Entitlement to payments from the fund
(1) Major parties
Subject to the provisions of this section, the national
committee of a major party shall be entitled to payments under
paragraph (3), with respect to any presidential nominating
convention, in amounts which, in the aggregate, shall not exceed
$4,000,000.
(2) Minor parties
Subject to the provisions of this section, the national
committee of a minor party shall be entitled to payments under
paragraph (3), with respect to any presidential nominating
convention, in amounts which, in the aggregate, shall not exceed an
amount which bears the same ratio to the amount the national
committee of a major party is entitled to receive under paragraph
(1) as the number of popular votes received by the candidate for
President of the minor party, as such candidate, in the preceding
presidential election bears to the average number of popular votes
received by the candidates for President of the United States of the
major parties in the preceding presidential election.
(3) Payments
Upon receipt of certification from the Commission under
subsection (g), the Secretary shall make payments from the
appropriate account maintained under subsection (a) to the national
committee of a major party or minor party which elects to receive
its entitlement under this subsection. Such payments shall be
available for use by such committee in accordance with the
provisions of subsection (c).
(4) Limitation
Payments to the national committee of a major party or minor
party under this subsection, from the account designated for such
committee shall be limited to the amounts in such account at the
time of payment.
(5) Adjustment of entitlements
The entitlements established by this subsection shall be
adjusted in the same manner as expenditure limitations established
by section 315(b) and section 315(d) of the Federal Election
Campaign Act of 1971 are adjusted pursuant to the provisions of
section 315(c) of such Act.
(c) Use of funds
No part of any payment made under subsection (b) shall be used to
defray the expenses of any candidate or delegate who is participating in
any presidential nominating convention. Such payments shall be used
only--
(1) to defray expenses incurred with respect to a presidential
nominating convention (including the payment of deposits) by or on
behalf of the national committee receiving such payments; or
(2) to repay loans the proceeds of which were used to defray
such expenses, or otherwise to restore funds (other than
contributions to defray such expenses received by such committee)
used to defray such expenses.
(d) Limitation of expenditures
(1) Major parties
Except as provided by paragraph (3), the national committee of a
major party may not make expenditures with respect to a presidential
nominating convention which, in the aggregate, exceed the amount of
payments to which such committee is entitled under subsection
(b)(1).
(2) Minor parties
Except as provided by paragraph (3), the national committee of a
minor party may not make expenditures with respect to a presidential
nominating convention which, in the aggregate, exceed the amount of
the entitlement of the national committee of a major party under
subsection (b)(1).
(3) Exception
The Commission may authorize the national committee of a major
party or minor party to make expenditures which, in the aggregate,
exceed the limitation established by paragraph (1) or paragraph (2)
of this subsection. Such authorization shall be based upon a
determination by the Commission that, due to extraordinary and
unforeseen circumstances, such expenditures are necessary to assure
the effective operation of the presidential nominating convention by
such committee.
(4) Provision of legal or accounting services
For purposes of this section, the payment, by any person other
than the national committee of a political party (unless the person
paying for such services is a person other than the regular employer
of the individual rendering such services) of compensation to any
individual for legal or accounting services rendered to or on behalf
of the national committee of a political party shall not be treated
as an expenditure made by or on behalf of such committee with
respect to its limitations on presidential nominating convention
expenses.
(e) Availability of payments
The national committee of a major party or minor party may receive
payments under subsection (b)(3) beginning on July 1 of the calendar
year immediately preceding the calendar year in which a presidential
nominating convention of the political party involved is held.
(f) Transfer to the fund
If, after the close of a presidential nominating convention and
after the national committee of the political party involved has been
paid the amount which it is entitled to receive under this section,
there are moneys remaining in the account of such national committee,
the Secretary shall transfer the moneys so remaining to the fund.
(g) Certification by Commission
Any major party or minor party may file a statement with the
Commission in such form and manner and at such times as it may require,
designating the national committee of such party. Such statement shall
include the information required by section 303(b) of the Federal
Election Campaign Act of 1971, together with such additional information
as the Commission may require. Upon receipt of a statement filed under
the preceding sentences, the Commission promptly shall verify such
statement according to such procedures and criteria as it may establish
and shall certify to the Secretary for payment in full to any such
committee of amounts to which such committee may be entitled under
subsection (b). Such certifications shall be subject to an examination
and audit which the Commission shall conduct no later than December 31,
of the calendar year in which the presidential nominating convention
involved is held.
(h) Repayments
The Commission shall have the same authority to require repayments
from the national committee of a major party or a minor party as it has
with respect to repayments from any eligible candidate under section
9007(b). The provisions of section 9007(c) and section 9007(d) shall
apply with respect to any repayment required by the Commission under
this subsection.
(Added Pub. L. 92-178, title VIII, Sec. 801, Dec. 10, 1971, 85 Stat.
569; amended Pub. L. 93-443, title IV, Sec. 406(a), Oct. 15, 1974, 88
Stat. 1294; Pub. L. 94-283, title III, Secs. 303, 307(a), May 11, 1976,
90 Stat. 498, 501; Pub. L. 96-187, title II, Sec. 202, Jan. 8, 1980, 93
Stat. 1368; Pub. L. 98-355, Sec. 1(a), (b), July 11, 1984, 98 Stat.
394.)
References in Text
Sections 303 and 315 of the Federal Election Campaign Act of 1971,
referred to in subsecs. (b)(5) and (g), are classified to sections 433
and 441a, respectively, of Title 2, The Congress.
Amendments
1984--Subsec. (b)(1). Pub. L. 98-355, Sec. 1(a), substituted
``$4,000,000'' for ``$3,000,000''.
Subsec. (b)(5). Pub. L. 98-355, Sec. 1(b), substituted ``section
315(b) and section 315(d)'' for ``section 320(b) and section 320(d)''
and ``section 315(c)'' for ``section 320(c)''.
1980--Subsec. (b)(1). Pub. L. 96-187 substituted ``$3,000,000'' for
``$2,000,000''.
1976--Subsec. (b)(5). Pub. L. 94-283, Sec. 307(a), substituted
``section 320(b) and section 320(d) of the Federal Election Campaign Act
of 1971 are adjusted pursuant to the provisions of section 320(c) of
such Act'' for ``section 608(c) and section 608(f) of title 18, United
States Code, are adjusted pursuant to the provisions of section 608(d)
of such title''.
Subsec. (d)(4). Pub. L. 94-283, Sec. 303, added par. (4).
1974--Pub. L. 93-443 substituted provisions respecting payments for
presidential nominating conventions for prior provisions respecting
information on proposed expenses, subsec. (a) relating to reports by
candidates, and subsec. (b) to publication of summaries, see section 434
of Title 2, The Congress.
Effective Date of 1984 Amendment
Section 1(c) of Pub. L. 98-355 provided that: ``The amendments made
by this section [amending this section] shall take effect on January 1,
1984.''
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section
301(a) of Pub. L. 96-187, set out as a note under section 431 of Title
2, The Congress.
Effective Date of 1974 Amendment
Amendment 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 431 of Title 2, The Congress.
Section Referred to in Other Sections
This section is referred to in sections 9009, 9012, 9037 of this
title.
