26 U.S.C. § 9035 — Qualified campaign expense limitations

Page 4107 TITLE 26—INTERNAL REVENUE CODE § 9036 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by section 306(b)(2) of Pub. L. 94–283 ef- fective May 11, 1976, see section 306(c) of Pub. L. 94–283, set out as a note under section 9002 of this title. EFFECTIVE DATE Section applicable with respect to taxable years be- ginning after Dec. 31, 1974, see section 410(c)(1) of Pub. L. 93–443, set out as an Effective Date of 1974 Amend- ment note under section 30101 of Title 52, Voting and Elections. § 9034. Entitlement of eligible candidates to pay- ments (a) In general Every candidate who is eligible to receive pay- ments under section 9033 is entitled to payments under section 9037 in an amount equal to the amount of each contribution received by such candidate on or after the beginning of the cal- endar year immediately preceding the calendar year of the presidential election with respect to which such candidate is seeking nomination, or by his authorized committees, disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person on or after the beginning of such preceding calendar year exceeds $250. For pur- poses of this subsection and section 9033(b), the term ‘‘contribution’’ means a gift of money made by a written instrument which identifies the person making the contribution by full name and mailing address, but does not include a subscription, loan, advance, or deposit of money, or anything of value or anything de- scribed in subparagraph (B), (C), or (D) of sec- tion 9032(4). (b) Limitations The total amount of payments to which a can- didate is entitled under subsection (a) shall not exceed 50 percent of the expenditure limitation applicable under section 315(b)(1)(A) of the Fed- eral Election Campaign Act of 1971. (Added Pub. L. 93–443, title IV, § 408(c), Oct. 15, 1974, 88 Stat. 1299; amended Pub. L. 94–283, title III, § 307(b), May 11, 1976, 90 Stat. 501; Pub. L. 110–172, § 11(a)(42)(D), Dec. 29, 2007, 121 Stat. 2488.) Editorial Notes REFERENCES IN TEXT Section 315(b)(1)(A) of the Federal Election Campaign Act of 1971, referred to in subsec. (b), is classified to section 30116(b)(1)(A) of Title 52, Voting and Elections. AMENDMENTS 2007—Subsec. (b). Pub. L. 110–172 substituted ‘‘section 315(b)(1)(A)’’ for ‘‘section 320(b)(1)(A)’’. 1976—Subsec. (b). Pub. L. 94–283 substituted ‘‘section 320(b)(1)(A) of the Federal Election Campaign Act of 1971’’ for ‘‘section 608(c)(1)(A) of title 18, United States Code’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to taxable years be- ginning after Dec. 31, 1974, see section 410(c)(1) of Pub. L. 93–443, set out as an Effective Date of 1974 Amend- ment note under section 30101 of Title 52, Voting and Elections. § 9035. Qualified campaign expense limitations (a) Expenditure limitations No candidate shall knowingly incur qualified campaign expenses in excess of the expenditure limitation applicable under section 315(b)(1)(A) of the Federal Election Campaign Act of 1971, and no candidate shall knowingly make expendi- tures from his personal funds, or the personal funds of his immediate family, in connection with his campaign for nomination for election to the office of President in excess of, in the ag- gregate, $50,000. (b) Definition of immediate family For purposes of this section, the term ‘‘imme- diate family’’ means a candidate’s spouse, and any child, parent, grandparent, brother, half- brother, sister, or half-sister of the candidate, and the spouses of such persons. (Added Pub. L. 93–443, title IV, § 408(c), Oct. 15, 1974, 88 Stat. 1300; amended Pub. L. 94–283, title III, §§ 305(a), 307(c), May 11, 1976, 90 Stat. 499, 501; Pub. L. 113–295, div. A, title II, § 220(z), Dec. 19, 2014, 128 Stat. 4037.) Editorial Notes REFERENCES IN TEXT Section 315 of The Federal Election Campaign Act of 1971, referred to in subsec. (a), is classified to section 30116 of Title 52, Voting and Elections. AMENDMENTS 2014—Subsec. (a). Pub. L. 113–295 substituted ‘‘section 315(b)(1)(A)’’ for ‘‘section 320(b)(1)(A)’’. 1976—Pub. L. 94–283 substituted ‘‘limitations’’ for ‘‘limitation’’ in section catchline, designated existing provisions as subsec. (a), inserted ‘‘Expenditure limita- tions’’ as heading of subsec. (a) as so redesignated and substituted ‘‘section 320(b)(1)(A) of the Federal Election Campaign Act of 1971, and no candidate shall know- ingly make expenditures from his personal funds, or the personal funds of his immediate family, in connec- tion with his campaign for nomination for election to the office of President in excess of, in the aggregate, $50,000’’ for ‘‘section 608(c)(1)(A) of title 18, United States Code’’, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–283, title III, § 305(d), May 11, 1976, 90 Stat. 499, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ‘‘For purposes of applying sec- tion 9035(a) of the Internal Revenue Code of 1986 [for- merly I.R.C. 1954], as amended by subsection (a), ex- penditures made by an individual after January 29, 1976, and before the date of the enactment of this Act [May 11, 1976] shall not be taken into account.’’ EFFECTIVE DATE Section applicable with respect to taxable years be- ginning after Dec. 31, 1974, see section 410(c)(1) of Pub. L. 93–443, set out as an Effective Date of 1974 Amend- ment note under section 30101 of Title 52, Voting and Elections. § 9036. Certification by Commission (a) Initial certifications Not later than 10 days after a candidate estab- lishes his eligibility under section 9033 to re- ceive payments under section 9037, the Commis- sion shall certify to the Secretary for payment