[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR9033.6]

[Page 341]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 9033_ELIGIBILITY FOR PAYMENTS--Table of Contents
 
Sec.  9033.6  Determination of inactive candidacy.

    (a) General. The Commission may, on the basis of the factors listed 
in 11 CFR 9033.6(b) below, make a determination that a candidate is no 
longer actively seeking nomination for election in more than one State. 
Upon a final determination by the Commission that a candidate is 
inactive, that candidate will become ineligible as provided in 11 CFR 
9033.5.
    (b) Factors considered. In making its determination of inactive 
candidacy, the Commission may consider, but is not limited to 
considering, the following factors:
    (1) The frequency and type of public appearances, speeches, and 
advertisements;
    (2) Campaign activity with respect to soliciting contributions or 
making expenditures for campaign purposes;
    (3) Continued employment of campaign personnel or the use of 
volunteers;
    (4) The release of committed delegates;
    (5) The candidate urges his or her delegates to support another 
candidate while not actually releasing committed delegates;
    (6) The candidate urges supporters to support another candidate.
    (c) Initial determination. The Commission will notify the candidate 
of its initial determination in accordance with the procedures outlined 
in 11 CFR 9033.10(b) and will advise the candidate of the date on which 
active campaigning in more than one State ceased. The candidate may, 
within 15 business days after service of the Commission's notice, submit 
in accordance with 11 CFR 9033.10(b) written legal or factual materials 
to demonstrate that he or she is actively campaigning in more than one 
State.
    (d) Final determination. A final determination of inactive candidacy 
will be made by the Commission in accordance with the procedures 
outlined in 11 CFR 9033.10(c).