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26 U.S.C. § 9006 — Payments to eligible candidates

submitted 55 years ago by Pub. L. 92-178 to r/title-26-INTERNAL-REVENUE-CODE · 402 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section establishes the Presidential Election Campaign Fund and sets rules for putting money into it and paying eligible political-party candidates. It requires payments to be reduced and later distributed proportionally when the Secretary determines that the fund is, or may be, insufficient, and it bars using money from another source for specified payments when the fund is insufficient.

(a) Establishment of campaign fund.— The Treasury of the United States must keep a special fund called the “Presidential Election Campaign Fund” on its books. From time to time, the Secretary of the Treasury must transfer to the fund an amount no greater than the total amounts that individuals designated for the fund under section 6096 after the previous Presidential election. For each fiscal year, money is appropriated to the fund from amounts in the Treasury’s general fund that have not otherwise been appropriated. The appropriated amount must equal the amounts designated during that fiscal year. That money remains available to the fund without a fiscal-year limit. (b) Payments from the fund.— After receiving a certification from the Commission under section 9005 to pay the eligible candidates of a political party, the Secretary of the Treasury must pay those candidates the amount certified by the Commission from the fund. The candidates control amounts paid to them. (c) Insufficient amounts in fund.— If, when the Commission certifies a payment under section 9005, the Secretary determines that the fund’s money is not, or may not be, sufficient to pay the full amounts owed to the eligible candidates of all political parties, the Secretary must withhold from that payment the amount the Secretary decides is needed to make sure the eligible candidates of each political party receive their proportional share of their full amount owed. The withheld amounts must be paid when the Secretary determines that the fund has enough money to pay those amounts, or parts of them, to all eligible candidates from whom money was withheld. But if the fund still does not have enough money to pay the full amounts owed to the eligible candidates of all political parties, the withheld amounts must be paid in a way that gives the eligible candidates of each political party their proportional share of their full amount owed. In any case where the Secretary determines that the fund does not have enough money to make payments under subsection (b), section 9008(i)(2), and section 9037(b), money from any other source may not be made available to make those payments.

the actual law source: uscode.house.gov ↗public domain
(a) Establishment of campaign fund

There is hereby established on the books of the Treasury of the United States a special fund to be known as the “Presidential Election Campaign Fund”. The Secretary of the Treasury shall, from time to time, transfer to the fund an amount not in excess of the sum of the amounts designated (subsequent to the previous Presidential election) to the fund by individuals under section 6096. There is appropriated to the fund for each fiscal year, out of amounts in the general fund of the Treasury not otherwise appropriated, an amount equal to the amounts so designated during each fiscal year, which shall remain available to the fund without fiscal year limitation.

(b) Payments from the fund

Upon receipt of a certification from the Commission under section 9005 for payment to the eligible candidates of a political party, the Secretary of the Treasury shall pay to such candidates out of the fund the amount certified by the Commission. Amounts paid to any such candidates shall be under the control of such candidates.

(c) Insufficient amounts in fund

If at the time of a certification by the Commission under section 9005 for payment to the eligible candidates of a political party, the Secretary determines that the moneys in the fund are not, or may not be, sufficient to satisfy the full entitlements of the eligible candidates of all political parties, he shall withhold from such payment such amount as he determines to be necessary to assure that the eligible candidates of each political party will receive their pro rata share of their full entitlement. Amounts withheld by reason of the preceding sentence shall be paid when the Secretary determines that there are sufficient moneys in the fund to pay such amounts, or portions thereof, to all eligible candidates from whom amounts have been withheld, but, if there are not sufficient moneys in the fund to satisfy the full entitlement of the eligible candidates of all political parties, the amounts so withheld shall be paid in such manner that the eligible candidates of each political party receive their pro rata share of their full entitlement. In any case in which the Secretary determines that there are insufficient moneys in the fund to make payments under subsection (b), section 9008(i)(2), and section 9037(b), moneys shall not be made available from any other source for the purpose of making such payments.

Source credit: (Added Pub. L. 92–178, title VIII, § 801, Dec. 10, 1971, 85 Stat. 567; amended Pub. L. 93–53, § 6(b), July 1, 1973, 87 Stat. 138; Pub. L. 93–443, title IV, §§ 403(a), 404(c)(8), Oct. 15, 1974, 88 Stat. 1291, 1292; Pub. L. 94–283, title III, § 302, May 11, 1976, 90 Stat. 498; Pub. L. 94–455, title XIX, §§ 1906(b)(13)(A), (B), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 110–172, § 11(a)(43), Dec. 29, 2007, 121 Stat. 2488; Pub. L. 113–94, § 2(b)(1), Apr. 3, 2014, 128 Stat. 1085.)

history & why it existsrecord from the source credit
  • 1971Enacted · Pub. L. 92-178 · 85 Stat. 567
  • 1973Amended · Pub. L. 93-53 · 87 Stat. 138
  • 1974Amended · Pub. L. 93-443 · 88 Stat. 1291, 1292
  • 1976Amended · Pub. L. 94-283 · 90 Stat. 498
  • 1976Amended · Pub. L. 94-455 · 90 Stat. 1834
  • 2007Amended · Pub. L. 110-172 · 121 Stat. 2488
  • 2014Amended · Pub. L. 113-94 · 128 Stat. 1085

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-178 on 1971-12-10.

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