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      Audits and repayment

Audits and repayment The FEC audits all public funding recipients to ensure that the funds were spent in compliance with the law and that the candidate did not receive matching funds in excess of the candidate’s entitlement. Under certain circumstances, the FEC may require the repayment of public funds.
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      Using presidential primary matching funds and paying for qualified campaign expenses
            
             Using the general election grant and paying for qualified campaign expenses
 Conducting the audit
          
            Audit findings and recommendations
          
            Repayments of public funds
          
          
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 Conducting the audit

  
  
    The audit examines the committee’s receipts and disbursements to be sure that the committee has used the federal matching funds or public grant in accordance with the law and to determine whether the committee has otherwise complied with the limitations, prohibitions, and disclosure requirements of the Federal Election Campaign Act, as amended. The Commission will give the candidate's authorized committee at least two weeks' notice of the Commission's intention to commence fieldwork on the audit and examination.
 Audit findings and recommendations

  
  
    If the Audit staff finds that the committee has not complied with the election law, it reports its findings to the committee in an exit conference and, again, in a Preliminary Audit Report. The committee may respond by providing additional documentation to demonstrate that, in fact, it had complied with the law or by correcting the errors and amending its FEC reports, accordingly. The final report includes the Commission’s findings and the committee’s response to those findings.
      
      Browse audit reports for publicly financed committees
      
      The Audit staff makes two types of findings:Those that pertain to Title 26 of the U.S. Code (26 U.S.C), which cover the public funding provisions of the law.Those that pertain to Title 52 of the U.S. Code (52 U.S.C.), which cover the law’s contribution limits and prohibitions and its disclosure requirements.If the Audit staff finds that the committee has not fully complied with the requirements for committees receiving primary election matching funds or a general election public grant, it may recommend, in an audit finding, that the Commission require the committee to make a repayment of matching funds to the U.S. Treasury.
 Repayments of public funds

  
  
    The Commission requires candidates to repay public funds to the U.S. Treasury when the FEC audit determines that:The amount of public funds received exceeds the amount to which the candidate is entitled;Public funds are used for purposes other than qualified campaign expenses (for example, used for expenditures in violation of federal or state law);Spending limits are exceeded (applies to primary election matching funds only);Surplus funds remain after debts and obligations have been paid;Interest is earned on invested public funds; orThe spending of public funds is not sufficiently documented.Presidential candidates may challenge any FEC repayment determination by following the procedures spelled out in FEC regulations. Otherwise, within 90 calendar days of service of the notice of the Commission's repayment determination(s), the candidate shall repay to the United States Treasury the amounts which the Commission has determined to be repayable. Upon application by the candidate, the Commission may grant an extension of up to 90 calendar days in which to make repayment.
 Legal citations Regulations Primary election candidates 11 CFR 9038.1Audits 11 CFR 9038.2Repayments 11 CFR 9038.3Liquidation of obligations; repayment 11 CFR 9038.4Extensions of time 11 CFR 9038.5Petitions for rehearing; stays of repayment determinations 11 CFR 9038.6Stale-dated committee checks 11 CFR 9038.7Administrative record General election candidates 11 CFR 9007.1Audits 11 CFR 9007.2Repayments 11 CFR 9007.3Extensions of time 11 CFR 9007.4Additional audits 11 CFR 9007.5Petitions for rehearing; stays of repayment determinations 11 CFR 9007.6Stale-dated committee checks 11 CFR 9007.7Administrative record
 Statutes Primary election candidates 26 U.S.C. § 9038Examinations and audits; repayments General election candidates 26 U.S.C. § 9007Examinations and audits; repayments


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 Understanding public funding of presidential elections


This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


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