---
kind: "section"
citation: "26 U.S.C. § 9003"
title: "26"
title_heading: "Internal Revenue Code"
number: "9003"
heading: "Condition for eligibility for payments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/26/9003"
units:
  - "Subtitle H — Financing of Presidential Election Campaigns"
  - "Chapter 95 — Presidential Election Campaign Fund"
---

# §9003. Condition for eligibility for payments

- (a) **In general—** In order to be eligible to receive any payments under [section 9006](/usc/26/9006.md), the [candidates](/usc/26/9002.md?p=2) of a political party in a [presidential election](/usc/26/9002.md?p=10) shall, in writing—
  - (1) agree to obtain and furnish to the [Commission](/usc/26/9002.md?p=3) such evidence as it may request of the [qualified campaign expenses](/usc/26/9002.md?p=11) of such [candidates](/usc/26/9002.md?p=2),
  - (2) agree to keep and furnish to the [Commission](/usc/26/9002.md?p=3) such records, books, and other information as it may request, and
  - (3) agree to an audit and examination by the [Commission](/usc/26/9002.md?p=3) under [section 9007](/usc/26/9007.md) 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](/usc/26/9006.md), the [candidates](/usc/26/9002.md?p=2) of a [major party](/usc/26/9002.md?p=6) in a [presidential election](/usc/26/9002.md?p=10) shall certify to the [Commission](/usc/26/9002.md?p=3), under penalty of perjury, that—
  - (1) such [candidates](/usc/26/9002.md?p=2) and their [authorized committees](/usc/26/9002.md?p=1) will not incur [qualified campaign expenses](/usc/26/9002.md?p=11) in excess of the aggregate payments to which they will be entitled under [section 9004](/usc/26/9004.md), and
  - (2) no [contributions](/usc/26/9032.md?p=4) to defray [qualified campaign expenses](/usc/26/9002.md?p=11) have been or will be accepted by such [candidates](/usc/26/9002.md?p=2) or any of their [authorized committees](/usc/26/9002.md?p=1) except to the extent necessary to make up any deficiency in payments received out of the [fund](/usc/26/9002.md?p=5) on account of the application of [section 9006(c)](/usc/26/9006.md?p=c), and no [contributions](/usc/26/9032.md?p=4) to defray expenses which would be [qualified campaign expenses](/usc/26/9002.md?p=11) but for [subparagraph (C)](/usc/26/9002.md?p=11-C) of section 9002(11) have been or will be accepted by such [candidates](/usc/26/9002.md?p=2) or any of their [authorized committees](/usc/26/9002.md?p=1).

  Such certification shall be made within such time prior to the day of the [presidential election](/usc/26/9002.md?p=10) as the [Commission](/usc/26/9002.md?p=3) shall prescribe by rules or regulations.

- (c) **Minor and new parties—** In order to be eligible to receive any payments under [section 9006](/usc/26/9006.md), the [candidates](/usc/26/9002.md?p=2) of a minor or [new party](/usc/26/9002.md?p=8) in a [presidential election](/usc/26/9002.md?p=10) shall certify to the [Commission](/usc/26/9002.md?p=3), under penalty of perjury, that—
  - (1) such [candidates](/usc/26/9002.md?p=2) and their [authorized committees](/usc/26/9002.md?p=1) will not incur [qualified campaign expenses](/usc/26/9002.md?p=11) in excess of the aggregate payments to which the [eligible candidates](/usc/26/9002.md?p=4) of a [major party](/usc/26/9002.md?p=6) are entitled under [section 9004](/usc/26/9004.md), and
  - (2) such [candidates](/usc/26/9002.md?p=2) and their [authorized committees](/usc/26/9002.md?p=1) will accept and expend or retain [contributions](/usc/26/9032.md?p=4) to defray [qualified campaign expenses](/usc/26/9002.md?p=11) only to the extent that the [qualified campaign expenses](/usc/26/9002.md?p=11) incurred by such [candidates](/usc/26/9002.md?p=2) and their [authorized committees](/usc/26/9002.md?p=1) certified to under [paragraph (1)](#c-1) exceed the aggregate payments received by such [candidates](/usc/26/9002.md?p=2) out of the [fund](/usc/26/9002.md?p=5) pursuant to section 9006.

  Such certification shall be made within such time prior to the day of the [presidential election](/usc/26/9002.md?p=10) as the [Commission](/usc/26/9002.md?p=3) shall prescribe by rules or regulations.

- (d) **Withdrawal by candidate—** In any case in which an individual ceases to be a [candidate](/usc/26/9002.md?p=2) as a result of the operation of the last sentence of [section 9002(2)](/usc/26/9002.md?p=2), such individual—
  - (1) shall no longer be eligible to receive any payments under [section 9006](/usc/26/9006.md), except that such individual shall be eligible to receive payments under such section to defray [qualified campaign expenses](/usc/26/9002.md?p=11) incurred while actively seeking election to the office of President of the United States or to the office of Vice President of the United States in more than one [State](/usc/26/9032.md?p=10); and
  - (2) shall pay to the Secretary, as soon as practicable after the date upon which such individual ceases to be a [candidate](/usc/26/9002.md?p=2), an amount equal to the amount of payments received by such individual under [section 9006](/usc/26/9006.md) which are not used to defray [qualified campaign expenses](/usc/26/9002.md?p=11).
- (e) **Closed captioning requirement—** No [candidate](/usc/26/9002.md?p=2) for the office of President or Vice President may receive amounts from the [Presidential Election](/usc/26/9002.md?p=10) Campaign [Fund](/usc/26/9002.md?p=5) under this chapter or [chapter 96](/usc/26/chstH/ch96.md) unless such [candidate](/usc/26/9002.md?p=2) has certified that any television commercial prepared or distributed by the [candidate](/usc/26/9002.md?p=2) will be prepared in a manner which ensures that the commercial contains or is accompanied by closed captioning of the oral content of the commercial to be broadcast in line 21 of the vertical blanking interval, or is capable of being viewed by deaf and hearing impaired individuals via any comparable successor technology to line 21 of the vertical blanking interval.

## Source credit

(Added Pub. L. 92–178, title VIII, § 801, Dec. 10, 1971, 85 Stat. 564; amended Pub. L. 93–53, § 6(c), July 1, 1973, 87 Stat. 139; Pub. L. 93–443, title IV, §§ 404(c)(4), (5), 405(b), Oct. 15, 1974, 88 Stat. 1292, 1294; Pub. L. 94–283, title III, § 306(a)(2), May 11, 1976, 90 Stat. 500; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 102–393, title V, § 534(a), Oct. 6, 1992, 106 Stat. 1764; Pub. L. 115–141, div. U, title IV, § 401(a)(338), Mar. 23, 2018, 132 Stat. 1200.)

## Notes

### Editorial Notes

### Amendments

2018—Subsec. (b)(2). Pub. L. 115–141 substituted “section 9006(c)” for “section 9006(d)”.

1992—Subsec. (e). Pub. L. 102–393 added subsec. (e).

1976—Subsec. (d). Pub. L. 94–455 struck out “or his delegate” after “Secretary”.

Pub. L. 94–283 added subsec. (d).

1974—Subsec. (a). Pub. L. 93–443, §§ 404(c)(4), 405(b), substituted “Commission” and “it” for “Comptroller General” and “he”, respectively, wherever appearing, struck out in par. (1) “with respect to which payment is sought” after “campaign expenses” and struck out par. (4) requirement for an agreement to furnish statements of qualified campaign expenses and proposed qualified campaign expenses required under section 9008 of this title.

Subsecs. (b), (c). Pub. L. 93–443, § 404(c)(5), substituted “Commission” for “Comptroller General” wherever appearing.

1973—Subsec. (b)(2). Pub. L. 93–53 substituted section “9006(d)” for “9006(c)”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1992 Amendment

Pub. L. 102–393, title V, § 534(b), Oct. 6, 1992, 106 Stat. 1764, provided that: “The amendment made by subsection (a) [amending this section] shall apply to amounts made available under chapter 95 or 96 of the Internal Revenue Code of 1986 more than thirty days after the date of the enactment of this Act [Oct. 6, 1992].”

### Effective Date of 1976 Amendment

Amendment by Pub. L. 94–283 effective 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 of 1974 Amendment

Amendment by Pub. L. 93–443 applicable with respect to taxable years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub. L. 93–443, set out as a note under section 30101 of Title 52, Voting and Elections.

### Effective Date of 1973 Amendment

Amendment by Pub. L. 93–53 applicable with respect to taxable years beginning after Dec. 31, 1972, see section 6(d) of Pub. L. 93–53, set out as a note under section 6096 of this title.
