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26 U.S.C. § 9005 — Certification by Commission

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 9005 — Certification by Commission

**(a) Initial certifications** Not later than 10 days after the candidates of a political party for President and Vice President of the United States have met all applicable conditions for eligibility to receive payments under this chapter set forth in section 9003, the Commission shall certify to the Secretary of the Treasury for payment to such eligible candidates under section 9006 payment in full of amounts to which such candidates are entitled under section 9004. **(b) Finality of certifications and determinations** Initial certifications by the Commission under subsection (a), and all determinations made by it under this chapter, shall be final and conclusive, except to the extent that they are subject to examination and audit by the Commission under section 9007 and judicial review under section 9011.

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Stable record: federal_law:legal_authorities:record_usc_7215f29080aa045ce7be8c54
Source file: Laws/federal/codes/united-states-code/title-26/section-9005-certification-by-commission--10e9eb862b.md
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Source location: Title 26, Chapter 95, § 9005; chapter-095-presidential-election-campaign-fund.md

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**(a) Initial certifications** Not later than 10 days after the candidates of a political party for President and Vice President of the United States have met all applicable conditions for eligibility to receive payments under this chapter set forth in section 9003, the Commission shall certify to the Secretary of the Treasury for payment to such eligible candidates under section 9006 payment in full of amounts to which such candidates are entitled under section 9004. **(b) Finality of certifications and determinations** Initial certifications by the Commission under subsection (a), and all determinations made by it under this chapter, shall be final and conclusive, except to the extent that they are subject to examination and audit by the Commission under section 9007 and judicial review under section 9011.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 9003 — Condition for eligibility for payments

**(a) In general** In order to be eligible to receive any payments under section 9006, the candidates of a political party in a presidential election shall, in writing— (1) agree to obtain and furnish to the Commission such evidence as it may request of the qualified campaign expenses of such candidates, (2) agree to keep and furnish to the Commission such records, books, and other information as it may request, and (3) agree to an audit and examination by the Commission under section 9007 and to pay any amounts required to be paid under such section. **(b) Major parties** In order to be eligible to receive any payments under section 9006, the candidates of a major party in a presidential election shall certify to the Commission, under penalty of perjury, that— (1) such candidates and their authorized committees will not incur qualified campaign expenses in excess of the aggregate payments to which they will be entitled under section 9004, and (2) no contributions to defray qualified campaign expenses have been or will be accepted by such candidates or any of their authorized committees except to the extent necessary to make up any deficiency in payments received out of the fund on account of the application of section 9006(c), and no contributions to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(11) have been or will be accepted by such candidates or any of their authorized committees. **(c) Minor and new parties** In order to be eligible to receive any payments under section 9006, the candidates of a minor or new party in a presidential election shall certify to the Commission, under penalty of perjury, that— (1) such candidates and their authorized committees will not incur qualified campaign expenses in e

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 9003

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 30101 — Definitions

When used in this Act: (1) The term “election” means— (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party which has authority to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; and (D) a primary election held for the expression of a preference for the nomination of individuals for election to the office of President. (2) The term “candidate” means an individual who seeks nomination for election, or election, to Federal office, and for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election— (A) if such individual has received contributions aggregating in excess of $5,000 or has made expenditures aggregating in excess of $5,000; or (B) if such individual has given his or her consent to another person to receive contributions or make expenditures on behalf of such individual and if such person has received such contributions aggregating in excess of $5,000 or has made such expenditures aggregating in excess of $5,000. (3) The term “Federal office” means the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. (4) The term “political committee” means— (A) any committee, club, association, or other group of persons which receives contributions aggregating in excess of $1,000 during a calendar year or which makes expenditures aggregating in excess of $1,000 during a calendar year; or (B) any separate segregated fund established under the provisions of [section 30118(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section30118/b&num=0&edition=prelim);

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 9007 — Examinations and audits; repayments

**(a) Examinations and audits** After each presidential election, the Commission shall conduct a thorough examination and audit of the qualified campaign expenses of the candidates of each political party for President and Vice President. **(b) Repayments** (1) If the Commission determines that any portion of the payments made to the eligible candidates of a political party under section 9006 was in excess of the aggregate payments to which candidates were entitled under section 9004, it shall so notify such candidates, and such candidates shall pay to the Secretary of the Treasury an amount equal to such portion. (2) If the Commission determines that the eligible candidates of a political party and their authorized committees incurred qualified campaign expenses in excess of the aggregate payments to which the eligible candidates of a major party were entitled under section 9004, it shall notify such candidates of the amount of such excess and such candidates shall pay to the Secretary of the Treasury an amount equal to such amount. (3) If the Commission determines that the eligible candidates of a major party or any authorized committee of such candidates accepted contributions (other than contributions to make up deficiencies in payments out of the fund on account of the application of section 9006(c)) to defray qualified campaign expenses (other than qualified campaign expenses with respect to which payment is required under paragraph (2)), it shall notify such candidates of the amount of the contributions so accepted, and such candidates shall pay to the Secretary of the Treasury an amount equal to such amount. (4) If the Commission determines that any amount of any payment made to the eligible candidates of a political party under section 9006 was used for an

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 9007

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 9005 — Certification by Commission

Page 4096 TITLE 26—INTERNAL REVENUE CODE § 9005 titled to payments under section 9006 equal in the aggregate to an amount which bears the same ratio to the amount allowed under para- graph (1) for a major party as the number of popular votes received by such candidate in such election bears to the average number of popular votes received in such election by the candidates for President of the major parties. In the case of eligible candidates entitled to payments under paragraph (2), the amount al- lowable under this paragraph shall be limited to the amount, if any, by which the entitle- ment under the preceding sentence exceeds the amount of the entitlement under paragraph (2). (b) Limitations The aggregate payments to which the eligible candidates of a political party shall be entitled under subsections (a)(2) and (3) with respect to a presidential election shall not exceed an amount equal to the lower of— (1) the amount of qualified campaign ex- penses incurred by such eligible candidates and their authorized committees, reduced by the amount of contributions to defray quali- fied campaign expenses received and expended or retained by such eligible candidates and such committees, or (2) the aggregate payments to which the eli- gible candidates of a major party are entitled under subsection (a)(1), reduced by the amount of contributions described in paragraph (1) of this subsection. (c) Restrictions The eligible candidates of a political party shall be entitled to payments under subsection (a) only— (1) to defray qualified campaign expenses in- curred by such eligible candidates or their au- thorized committees, or (2) to repay loans the proceeds of which were used to defray such qualified campaign ex- penses, or otherwise to restore fund

Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 9005

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