[Code of Federal Regulations]

[Title 11, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 11CFR100.131]



[Page 73-74]

 

                       TITLE 11--FEDERAL ELECTIONS

 

                 CHAPTER I--FEDERAL ELECTION COMMISSION

 

PART 100_SCOPE AND DEFINITIONS (2 U.S.C. 431)--Table of Contents

 

                  Subpart E_Exceptions to Expenditures

 

Sec. 100.131  Testing the waters.



    (a) General exemption. Payments made solely for the purpose of 

determining whether an individual should become a candidate are not 

expenditures. Examples of activities permissible under this exemption if 

they are conducted to determine whether an individual should become a 

candidate include, but are not limited to, conducting a poll, telephone 

calls, and travel. Only funds permissible under the Act may be used for 

such activities. The individual shall keep records of all such payments. 

See 11 CFR 101.3. If the individual subsequently becomes a candidate, 

the payments made are subject to the reporting requirements of the Act. 

Such expenditures must be reported with the first report filed by the 

principal campaign committee of the candidate, regardless of the date 

the payments were made.

    (b) Exemption not applicable to individuals who have decided to 

become candidates. This exemption does not apply to payments made for 

activities indicating that an individual has decided to become a 

candidate for a particular office or for activities relevant to 

conducting a campaign. Examples of activities that indicate that an 

individual has decided to become a candidate include, but are not 

limited to:

    (1) The individual uses general public political advertising to 

publicize his or her intention to campaign for Federal office.

    (2) The individual raises funds in excess of what could reasonably 

be expected to be used for exploratory activities or undertakes 

activities designed to amass campaign funds that would be spent after he 

or she becomes a candidate.



[[Page 74]]



    (3) The individual makes or authorizes written or oral statements 

that refer to him or her as a candidate for a particular office.

    (4) The individual conducts activities in close proximity to the 

election or over a protracted period of time.

    (5) The individual has taken action to qualify for the ballot under 

State law.