26 U.S.C. § 9012 — Criminal penalties
submitted 55 years ago by Pub. L. 92-178 to r/title-26-INTERNAL-REVENUE-CODE · 968 words · no verdicts yet
This law prohibits certain campaign spending, contributions, uses of public payments, false statements, kickbacks, unauthorized expenditures, and unauthorized disclosures connected with presidential elections. It sets fines, prison terms, and an additional payment to the Treasury for people who accept kickbacks or illegal payments.
(a) Excess expenses.
An eligible candidate* of a political party for President and Vice President in a presidential election*, or the candidate’s authorized committee*, cannot knowingly and willfully incur qualified campaign expenses above the total payments to which eligible candidates* of a major party* are entitled under section 9004 for that election. Anyone who does this can be fined up to $5,000, jailed up to one year, or both. If a committee does it, any officer or member who knowingly and willfully went along with it faces the same fine and jail time.
(b) Contributions.
An eligible candidate of a major party in a presidential election, or the candidate’s authorized committee, cannot knowingly and willfully accept a contribution to pay qualified campaign expenses, except as needed to make up a deficiency* in payments from the fund* because of section 9006(c), or to pay expenses that would be qualified campaign expenses but for section 9002(11)(C). An eligible candidate of a political party other than a major party, or the candidate’s authorized committee, cannot knowingly and willfully accept and spend or keep contributions to pay qualified campaign expenses in an amount greater than the qualified campaign expenses incurred for that election by the candidate and the authorized committees. Breaking either rule means a fine up to $5,000, up to one year in jail, or both; the same applies to any committee officer or member who knowingly and willfully allowed the violation.
(c) Misusing payments.
Anyone who receives public campaign money, or any part of it, cannot knowingly and willfully use it for anything except: (A) paying the qualified campaign expenses it was meant for, or (B) repaying loans, or otherwise replacing money, that were used to pay those expenses (this doesn't cover contributions that were properly received and spent). Breaking this rule means a fine up to $10,000, up to five years in jail, or both.
(d) False statements.
It is unlawful to knowingly and willfully: (A) give the Federal Election Commission* false, made-up, or fraudulent evidence, records, or information, misrepresent a material fact in what you give them, or hide or falsify evidence relevant to a certification or audit; or (B) refuse to hand over records the Commission properly asks for. Breaking this rule means a fine up to $10,000, up to five years in jail, or both.
(e) Kickbacks and illegal payments.
It is unlawful to knowingly and willfully give or take a kickback or illegal payment connected to a candidate's qualified campaign expenses. This is punishable by a fine up to $10,000, up to five years in jail, or both. On top of that criminal penalty, anyone who took a kickback or illegal payment must also pay the U.S. Treasury an amount equal to 125% of what they received.
(f) Spending by outside groups.
A political committee* that is not an authorized committee for the eligible candidates of a political party for President and Vice President in a presidential election cannot knowingly and willfully incur expenditures to further those candidates’ election that would be qualified campaign expenses if an authorized committee incurred them, when the total exceeds $1,000. This rule does not apply to: (A) expenditures by a broadcaster regulated by the Federal Communications Commission, or by a periodical publication, for reporting the news or taking editorial positions; or (B) expenditures by an organization described in section 501(c) and exempt from tax under section 501(a) to communicate the organization’s views to its members. A committee that breaks this rule can be fined up to $5,000. Any officer or member who knowingly and willfully went along with it, and any other individual who knowingly and willfully violates it, can be fined up to $5,000, jailed up to one year, or both.
(g) Unauthorized disclosure.
No one may disclose information they got under this public financing law, except where some other law requires it. Breaking this rule means a fine up to $5,000, up to one year in jail, or both.
It shall be unlawful for an eligible candidate* of a political party for President and Vice President in a presidential election* or any of his authorized committees knowingly and willfully to incur qualified campaign expenses in excess of the aggregate payments to which the eligible candidates* of a major party* are entitled under section 9004 with respect to such election.
Any person who violates paragraph (1) shall be fined not more than $5,000, or imprisoned not more than one year or both. In the case of a violation by an authorized committee*, any officer or member of such committee who knowingly and willfully consents to such violation shall be fined not more than $5,000, or imprisoned not more than one year, or both.
It shall be unlawful for an eligible candidate of a major party in a presidential election or any of his authorized committees knowingly and willfully to accept any contribution to defray qualified campaign expenses, 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), or to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(11).
It shall be unlawful for an eligible candidate of a political party (other than a major party) in a presidential election or any of his authorized committees knowingly and willfully to accept and expend or retain contributions to defray qualified campaign expenses in an amount which exceeds the qualified campaign expenses incurred with respect to such election by such eligible candidate and his authorized committees.
Any person who violates paragraph (1) or (2) shall be fined not more than $5,000, or imprisoned not more than one year, or both. In the case of a violation by an authorized committee, any officer or member of such committee who knowingly and willfully consents to such violation shall be fined not more than $5,000, or imprisoned not more than one year, or both.
It shall be unlawful for any person who receives any payment under section 9006, or to whom any portion of any payment received under such section is transferred, knowingly and willfully to use, or authorize the use of, such payment or such portion for any purpose other than—
to defray the qualified campaign expenses with respect to which such payment was made, or
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.
Any person who violates paragraph (1) shall be fined not more than $10,000, or imprisoned not more than five years, or both.
It shall be unlawful for any person knowingly and willfully—
to furnish any false, fictitious, or fraudulent evidence, books, or information to the Commission* under this subtitle, or to include in any evidence, books, or information so furnished any misrepresentation of a material fact, or to falsify or conceal any evidence, books, or information relevant to a certification by the Commission or an examination and audit by the Commission under this chapter; or
to fail to furnish to the Commission any records, books, or information requested by it for purposes of this chapter.
Any person who violates paragraph (1) shall be fined not more than $10,000, or imprisoned not more than five years, or both.
It shall be unlawful for any person knowingly and willfully to give or accept any kickback or any illegal payment in connection with any qualified campaign expense* of eligible candidates or their authorized committees.
Any person who violates paragraph (1) shall be fined not more than $10,000, or imprisoned not more than five years, or both.
In addition to the penalty provided by paragraph (2), any person who accepts any kickback or illegal payment in connection with any qualified campaign expense of eligible candidates or their authorized committees shall pay to the Secretary of the Treasury*, for deposit in the general fund of the Treasury, an amount equal to 125 percent of the kickback or payment received.
Except as provided in paragraph (2), it shall be unlawful for any political committee* which is not an authorized committee with respect to the eligible candidates of a political party for President and Vice President in a presidential election knowingly and willfully to incur expenditures to further the election of such candidates, which would constitute qualified campaign expenses if incurred by an authorized committee of such candidates, in an aggregate amount exceeding $1,000.
This subsection shall not apply to (A) expenditures by a broadcaster regulated by the Federal Communications Commission, or by a periodical publication, in reporting the news or in taking editorial positions, or (B) expenditures by any organization described in section 501(c) which is exempt from tax under section 501(a) in communicating to its members the views of that organization.
Any political committee which violates paragraph (1) shall be fined not more than $5,000, and any officer or member of such committee who knowingly and willfully consents to such violation and any other individual who knowingly and willfully violates paragraph (1) shall be fined not more than $5,000, or imprisoned not more than one year, or both.
It shall be unlawful for any individual to disclose any information obtained under the provisions of this chapter except as may be required by law.
Any person who violates paragraph (1) shall be fined not more than $5,000, or imprisoned not more than one year, or both.
Source credit: (Added Pub. L. 92–178, title VIII, § 801, Dec. 10, 1971, 85 Stat. 570; amended Pub. L. 93–53, § 6(c), July 1, 1973, 87 Stat. 139; Pub. L. 93–443, title IV, §§ 404(c)(22), 406(b)(2)–(6), Oct. 15, 1974, 88 Stat. 1293, 1296; Pub. L. 94–283, title III, § 307(f), May 11, 1976, 90 Stat. 502; Pub. L. 94–455, title XIX, § 1906(b)(13)(C), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 113–94, § 2(c)(2), Apr. 3, 2014, 128 Stat. 1086.)
- 1971Enacted · Pub. L. 92-178 · 85 Stat. 570
- 1973Amended · Pub. L. 93-53 · 87 Stat. 139
- 1974Amended · Pub. L. 93-443 · 88 Stat. 1293, 1296
- 1976Amended · Pub. L. 94-283 · 90 Stat. 502
- 1976Amended · Pub. L. 94-455 · 90 Stat. 1834
- 2014Amended · Pub. L. 113-94 · 128 Stat. 1086
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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