[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR100.72]

[Page 62]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 100--SCOPE AND DEFINITIONS (2 U.S.C. 431)--Table of Contents
 
                 Subpart C--Exceptions to Contributions
 
Sec. 100.72  Testing the waters.

    (a) General exemption. Funds received solely for the purpose of 
determining whether an individual should become a candidate are not 
contributions. 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 funds 
received. See 11 CFR 101.3. If the individual subsequently becomes a 
candidate, the funds received are contributions subject to the reporting 
requirements of the Act. Such contributions must be reported with the 
first report filed by the principal campaign committee of the candidate, 
regardless of the date the funds were received.
    (b) Exemption not applicable to individuals who have decided to 
become candidates. This exemption does not apply to funds received 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.
    (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.