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TESTING THE WATERS VS. CAMPAIGNING FOR OFFICE

Testing the Waters

An individual may conduct a variety of activities to test the waters. Examples of permissible testing-the-waters activities include polling, travel and telephone calls undertaken to determine whether the individual should become a candidate.

Campaigning

Certain activities, however, indicate that the individual has decided to become a candidate and is no longer testing the waters. In that case, once the individual has raised or spent more than $5,000, he or she must register as a candidate. Note that, when an individual decides to run for office, funds that were raised and spent to test the waters apply to the $5,000 threshold.

Campaigning (as opposed to testing the waters) is apparent, for example, when individuals:

Make or authorize statements that refer to themselves as candidates (“Smith in 2006” or “Smith for Senate”);

Use general public political advertising to publicize their intention to campaign;

Raise more money than what is reasonably needed to test the waters or amass funds (seed money) to be used after candidacy is established;

Conduct activities over a protracted period of time or shortly before the election; or

Take action to qualify for the ballot.