[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: 11CFR9033.7]

[Page 341]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 9033_ELIGIBILITY FOR PAYMENTS--Table of Contents
 
Sec.  9033.7  Determination of active candidacy.

    (a) Where a candidate certifies to the Commission under 11 CFR 
9033.5(b) that he or she will not be an active candidate in an upcoming 
primary, the Commission may, nevertheless, on the basis of factors 
listed in 11 CFR 9033.6(b), make an initial determination that the 
candidate is an active candidate in the primary involved.
    (b) The Commission will notify the candidate of its initial 
determination within 10 business days of receiving the candidate's 
certification under 11 CFR 9033.5(b) or, if the timing of the activity 
does not permit notice during the 10 day period, as soon as practicable 
following campaign activity by the candidate in the primary state. The 
Commission's initial determination will be made in accordance with the 
procedures outlined in 11 CFR 9033.10(b). Within 10 business days after 
service of the Commission's notice the candidate may submit, in 
accordance with 11 CFR 9033.10(b), written legal or factual materials to 
demonstrate that he or she is not an active candidate in the primary 
involved.
    (c) A final determination by the Commission that the candidate is 
active will be made in accordance with the procedures outlined in 11 CFR 
9033.10(c).