
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[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.
