---
kind: "section"
citation: "26 U.S.C. § 9004"
title: "26"
title_heading: "Internal Revenue Code"
number: "9004"
heading: "Entitlement of eligible candidates to payments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/26/9004"
units:
  - "Subtitle H — Financing of Presidential Election Campaigns"
  - "Chapter 95 — Presidential Election Campaign Fund"
---

# §9004. Entitlement of eligible candidates to payments

- (a) **In general—** Subject to the provisions of this chapter—
  - (1) The [eligible candidates](/usc/26/9002.md?p=4) of each [major party](/usc/26/9002.md?p=6) in a [presidential election](/usc/26/9002.md?p=10) shall be entitled to equal payments under [section 9006](/usc/26/9006.md) in an amount which, in the aggregate, shall not exceed the expenditure limitations applicable to such [candidates](/usc/26/9002.md?p=2) under section 315(b)(1)(B) of the Federal Election Campaign Act of 1971.
  - (2)
    - (A) The [eligible candidates](/usc/26/9002.md?p=4) of a [minor party](/usc/26/9002.md?p=7) in a [presidential election](/usc/26/9002.md?p=10) shall be entitled to payments under [section 9006](/usc/26/9006.md) equal in the aggregate to an amount which bears the same ratio to the amount allowed under [paragraph (1)](#a-1) for a [major party](/usc/26/9002.md?p=6) as the number of popular votes received by the [candidate](/usc/26/9002.md?p=2) for President of the [minor party](/usc/26/9002.md?p=7), as such [candidate](/usc/26/9002.md?p=2), in the preceding [presidential election](/usc/26/9002.md?p=10) bears to the average number of popular votes received by the [candidates](/usc/26/9002.md?p=2) for President of the [major parties](/usc/26/9002.md?p=6) in the preceding [presidential election](/usc/26/9002.md?p=10).
    - (B) If the [candidate](/usc/26/9002.md?p=2) of one or more political parties (not including a [major party](/usc/26/9002.md?p=6)) for the office of President was a [candidate](/usc/26/9002.md?p=2) for such office in the preceding [presidential election](/usc/26/9002.md?p=10) and received 5 percent or more but less than 25 percent of the total number of popular votes received by all [candidates](/usc/26/9002.md?p=2) for such office, such [candidate](/usc/26/9002.md?p=2) and his running mate for the office of Vice President, upon compliance with the provisions of [section 9003(a)](/usc/26/9003.md?p=a) and (c), shall be treated as [eligible candidates](/usc/26/9002.md?p=4) entitled to payments under [section 9006](/usc/26/9006.md) in an amount computed as provided in [subparagraph (A)](#a-2-A) by taking into account all the popular votes received by such [candidate](/usc/26/9002.md?p=2) for the office of President in the preceding [presidential election](/usc/26/9002.md?p=10). If [eligible candidates](/usc/26/9002.md?p=4) of a [minor party](/usc/26/9002.md?p=7) are entitled to payments under this subparagraph, such entitlement shall be reduced by the amount of the entitlement allowed under [subparagraph (A)](#a-2-A).
  - (3) The [eligible candidates](/usc/26/9002.md?p=4) of a [minor party](/usc/26/9002.md?p=7) or a [new party](/usc/26/9002.md?p=8) in a [presidential election](/usc/26/9002.md?p=10) whose [candidate](/usc/26/9002.md?p=2) for President in such election receives, as such [candidate](/usc/26/9002.md?p=2), 5 percent or more of the total number of popular votes cast for the office of President in such election shall be entitled to payments under [section 9006](/usc/26/9006.md) equal in the aggregate to an amount which bears the same ratio to the amount allowed under [paragraph (1)](#a-1) for a [major party](/usc/26/9002.md?p=6) as the number of popular votes received by such [candidate](/usc/26/9002.md?p=2) in such election bears to the average number of popular votes received in such election by the [candidates](/usc/26/9002.md?p=2) for President of the [major parties](/usc/26/9002.md?p=6). In the case of [eligible candidates](/usc/26/9002.md?p=4) entitled to payments under [paragraph (2)](#a-2), the amount allowable under this paragraph shall be limited to the amount, if any, by which the entitlement under the preceding sentence exceeds the amount of the entitlement under [paragraph (2)](#a-2).
- (b) **Limitations—** The aggregate payments to which the [eligible candidates](/usc/26/9002.md?p=4) of a political party shall be entitled under subsections [(a)(2)](#a-2) and (3) with respect to a [presidential election](/usc/26/9002.md?p=10) shall not exceed an amount equal to the lower of—
  - (1) the amount of [qualified campaign expenses](/usc/26/9002.md?p=11) incurred by such [eligible candidates](/usc/26/9002.md?p=4) and their [authorized committees](/usc/26/9002.md?p=1), reduced by the amount of [contributions](/usc/26/9032.md?p=4) to defray [qualified campaign expenses](/usc/26/9002.md?p=11) received and expended or retained by such [eligible candidates](/usc/26/9002.md?p=4) and such committees, or
  - (2) 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 [subsection (a)(1)](#a-1), reduced by the amount of [contributions](/usc/26/9032.md?p=4) described in paragraph (1) of this subsection.
- (c) **Restrictions—** The [eligible candidates](/usc/26/9002.md?p=4) of a political party shall be entitled to payments under [subsection (a)](#a) only—
  - (1) to defray [qualified campaign expenses](/usc/26/9002.md?p=11) incurred by such [eligible candidates](/usc/26/9002.md?p=4) or their [authorized committees](/usc/26/9002.md?p=1), or
  - (2) to repay loans the proceeds of which were used to defray such [qualified campaign expenses](/usc/26/9002.md?p=11), or otherwise to restore [funds](/usc/26/9002.md?p=5) (other than [contributions](/usc/26/9032.md?p=4) to defray [qualified campaign expenses](/usc/26/9002.md?p=11) received and expended by such [candidates](/usc/26/9002.md?p=2) or such committees) used to defray such [qualified campaign expenses](/usc/26/9002.md?p=11).
- (d) **Expenditures from personal funds—** In order to be eligible to receive any payment under [section 9006](/usc/26/9006.md), the [candidate](/usc/26/9002.md?p=2) of a major, minor, or [new party](/usc/26/9002.md?p=8) in an election for the office of President shall certify to the [Commission](/usc/26/9002.md?p=3), under penalty of perjury, that such [candidate](/usc/26/9002.md?p=2) will not knowingly make expenditures from his personal [funds](/usc/26/9002.md?p=5), or the personal [funds](/usc/26/9002.md?p=5) of his immediate family, in connection with his campaign for election to the office of President in excess of, in the aggregate, $50,000. For purposes of this subsection, expenditures from personal [funds](/usc/26/9002.md?p=5) made by a [candidate](/usc/26/9002.md?p=2) of a major, minor, or [new party](/usc/26/9002.md?p=8) for the office of Vice President shall be considered to be expenditures by the [candidate](/usc/26/9002.md?p=2) of such party for the office of President.
- (e) **Definition of immediate family—** For purposes of [subsection (d)](#d), the term “immediate family” means a [candidate](/usc/26/9002.md?p=2)’s spouse, and any child, parent, grandparent, brother, half-brother, sister, or half-sister of the [candidate](/usc/26/9002.md?p=2), and the spouses of such persons.

## Source credit

(Added Pub. L. 92–178, title VIII, § 801, Dec. 10, 1971, 85 Stat. 565; amended Pub. L. 93–443, title IV, § 404(a), (b), Oct. 15, 1974, 88 Stat. 1291; Pub. L. 94–283, title III, §§ 301(a), 307(d), May 11, 1976, 90 Stat. 497, 501; Pub. L. 110–172, § 11(a)(42)(B), Dec. 29, 2007, 121 Stat. 2488.)

## Notes

### Editorial Notes

### References in Text

Section 315(b)(1)(B) of the Federal Election Campaign Act of 1971, referred to in subsec. (a)(1), is classified to section 30116(b)(1)(B) of Title 52, Voting and Elections.

### Amendments

2007—Subsec. (a)(1). Pub. L. 110–172 substituted “section 315(b)(1)(B)” for “section 320(b)(1)(B)”.

1976—Subsec. (a)(1). Pub. L. 94–283, § 307(d), substituted “section 320(b)(1)(B) of the Federal Election Campaign Act of 1971” for “section 608(c)(1)(B) of title 18, United States Code”.

Subsecs. (d), (e). Pub. L. 94–283, § 301(a), added subsecs. (d) and (e).

1974—Subsec. (a)(1). Pub. L. 93–443, § 404(a), substituted provision which limited aggregate amount of payments to eligible candidates to an amount not exceeding the expenditure limitations applicable to such candidates under section 608(c)(1)(B) of title 18 for prior provision which determined the amount by multiplying 15 cents by the total number of residents within the United States who attained the age of 18, determined by the Bureau of the Census, as of the first day of June of the year preceding the year of the presidential election.

Subsec. (a)(2)(A). Pub. L. 93–443, § 404(b)(1), substituted “allowed” for “computed”.

Subsec. (a)(3). Pub. L. 93–443, § 404(b)(2), substituted “allowed” for “computed” in first sentence.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1976 Amendment

Pub. L. 94–283, title III, § 301(b), May 11, 1976, 90 Stat. 498, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “For purposes of applying section 9004(d) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], as added by subsection (a), expenditures 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 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.