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

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

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Source file: Laws/federal/codes/united-states-code/title-26/section-9007-examinations-and-audits-repayments--69401e3a4e.md
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Source location: Title 26, Chapter 95, § 9007; chapter-095-presidential-election-campaign-fund.md

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**(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 any purpose other than— (A) to defray the qualified campaign expenses with respect to which such payment was made, or (B) to repay loans the proceeds of which were used, or otherwise to restore funds (other than contributions to defray qualified campaign expenses which were received and expended) which were used to defray such qualified campaign expenses, it shall notify such candidates of the amount so used, and such candidates shall pay to the Secretary of the Treasury an amount equal to such amount. (5) No payment shall be required from the eligible candidates of a political party under this subsection to the extent that such payment, when added to other payments required from such candidates under this subsection, exceeds the amount of payments received by such candidates under section 9006. **(c) Notification** No notification shall be made by the Commission under subsection (b) with respect to a presidential election more than 3 years after the day of such election. **(d) Deposit of repayments** All payments received by the Secretary of the Treasury under subsection (b) shall be deposited by him in the general fund of the Treasury.

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

26 U.S.C. § 6096 — Designation by individuals

**(a) In general** Every individual (other than a nonresident alien) whose income tax liability for the taxable year is $3 or more may designate that $3 shall be paid over to the Presidential Election Campaign Fund in accordance with the provisions of section 9006(a). In the case of a joint return of husband and wife having an income tax liability of $6 or more, each spouse may designate that $3 shall be paid to the fund. **(b) Income tax liability** For purposes of subsection (a), the income tax liability of an individual for any taxable year is the amount of the tax imposed by chapter 1 on such individual for such taxable year (as shown on his return), reduced by the sum of the credits (as shown in his return) allowable under part IV of subchapter A of chapter 1 (other than subpart C thereof). **(c) Manner and time of designation** A designation under subsection (a) may be made with respect to any taxable year— (1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or (2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer’s signature.

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

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

Page 4098 TITLE 26—INTERNAL REVENUE CODE § 9007 a specific designation is made under section 6096 for payment into an account in the fund and (2) a general account for which no specific designation is made, and in the last sentences, substituted ‘‘transfer to the fund’’, ‘‘Presidential’’, and ‘‘to the fund by individuals under section 6096’’, for ‘‘transfer to each account in the fund’’, ‘‘presidential’’, and ‘‘to such account by in- dividuals under section 6096 for payment into such ac- count of the fund’’, respectively. Subsec. (b). Pub. L. 93–53 substituted ‘‘Presidential’’ for ‘‘presidential’’. Subsec. (c). Pub. L. 93–53 substituted provisions for payment ‘‘out of the fund’’, for such payment ‘‘out of the specific account in the fund’’ and struck out penul- timate sentence limiting payments to eligible can- didates from the account designated for them to the amounts in such account at the time of payment. Subsec. (d). Pub. L. 93–53 substituted provisions for payments to eligible candidates when there are insuffi- cient amounts in the fund, for former provisions re- specting transfers from general account to separate ac- counts to remedy insufficient moneys to satisfy any unpaid entitlement of the eligible candidates. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–443 applicable with respect to taxable years beginning after Dec. 31, 1974, see sec- tion 410(c)(1) of Pub. L. 93–443, set out as a note under section 30101 of Title 52, Voting and Elections. ADDITIONAL APPROPRIATIONS TO CAMPAIGN FUND Pub. L. 93–443, title IV, § 403(b), Oct. 15, 1974, 88 Stat. 1291, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ‘‘In addition to the amounts appropriated to the Presid

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