[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR9033.5]

[Page 256]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 9033--ELIGIBILITY FOR PAYMENTS--Table of Contents
 
Sec. 9033.5  Determination of ineligibility date.

    The candidate's date of ineligibility shall be whichever date by 
operation of 11 CFR 9033.5 (a), (b), or (c) occurs first. After the 
candidate's date of ineligibility, he or she may only receive matching 
payments to the extent that he or she has net outstanding campaign 
obligations as defined in 11 CFR 9034.5.
    (a) Inactive candidate. The ineligibility date shall be the day on 
which an individual ceases to be a candidate because he or she is not 
actively conducting campaigns in more than one State in connection with 
seeking the Presidential nomination. This date shall be the earliest 
of--
    (1) The date the candidate publicly announces that he or she will 
not be actively conducting campaigns in more than one State; or
    (2) The date the candidate notifies the Commission by letter that he 
or she is not actively conducting campaigns in more than one State; or
    (3) The date which the Commission determines under 11 CFR 9033.6 to 
be the date that the candidate is not actively seeking election in more 
than one State.
    (b) Insufficient votes. The ineligibility date shall be the 30th day 
following the date of the second consecutive primary election in which 
such individual receives less than 10 percent of the number of popular 
votes cast for all candidates of the same party for the same office in 
that primary election, if the candidate permitted or authorized his or 
her name to appear on the ballot, unless the candidate certifies to the 
Commission at least 25 business days prior to the primary that he or she 
will not be an active candidate in the primary involved.
    (1) The Commission may refuse to accept the candidate's 
certification if it determines under 11 CFR 9033.7 that the candidate is 
an active candidate in the primary involved.
    (2) For purposes of this paragraph, if the candidate is running in 
two primary elections in different States on the same date, the highest 
percentage of votes the candidate receives in any one State will govern. 
Separate primary elections held in more than one State on the same date 
are not deemed to be consecutive primaries. If two primary elections are 
held on the same date in the same State (e.g., a primary to select 
delegates to a national nominating convention and a primary for the 
expression of preference for the nomination of candidates for election 
to the office of President), the highest percentage of votes a candidate 
receives in either election will govern. If two or more primaries are 
held in the same State on different dates, the earliest primary will 
govern.
    (3) If the candidate certifies that he or she will not be an active 
candidate in a particular primary, and the Commission accepts the 
candidate's certification, the primary involved shall not be counted in 
determining the candidate's date of ineligibility under paragraph (b) of 
this section, regardless of the percentage of popular votes cast for the 
candidate in that primary.
    (c) End of matching payment period. The ineligibility date shall be 
the last day of the matching payment period for the candidate as 
specified in 11 CFR 9032.6.
    (d) Reestablishment of eligibility. If the Commission has determined 
that a candidate is ineligible under 11 CFR 9033.5 (a) or (b), the 
candidate may reestablish eligibility to receive matching funds under 11 
CFR 9033.8.

[[Page 257]]