Internal Revenue Code:Sec. 9008. Payments for presidential nominating conventions

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Location in Internal Revenue Code

     TITLE 26 - INTERNAL REVENUE CODE
      Subtitle H - Financing of Presidential Election Campaigns
       CHAPTER 95 - PRESIDENTIAL ELECTION CAMPAIGN FUND
     

Statute

    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.
 

Sources

    (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, Sec. 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

                             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.
 

Miscellaneous

                                 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.
 

References

                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 9009, 9012, 9037 of this
    title.