[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2009]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR100.131]

[Page 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.
    (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.

[[Page 75]]