What is testing waters

The name of the testing the waters committee and statements made by committee staff must not refer to the individual as a candidate. For instance, a testing the waters committee may be named "Samantha Jones Exploratory Committee," but not "Samantha Jones for Congress. If the committee's activities go beyond testing the waters and an individual becomes a candidate under the Act , the committee must register and begin filing reports. The funds raised during testing the waters will become contributions, and funds spent will become expenditures.

To download registration and reporting forms, please visit Forms for candidates and authorized committees. This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. Your web browser is not supported You're using Internet Explorer, some features might not work. Testing the waters vs. Those activities include: Making or authorize statements that refer to themselves as candidates "Smith in " or "Smith for Senate" ; Using general public political advertising to publicize their intention to campaign; Raising more money than what is reasonably needed to test the waters or funds to be used after candidacy is established; Conducting activities over a protracted period of time or shortly before the election; or Taking action to qualify for the ballot.

Contributions towards testing the waters An individual who tests the waters must keep financial records. The limits apply, for example, to: Gifts of money, goods, and services; Loans except bank loans ; Certain staff advances until repaid; Endorsements and guarantees of bank loans; and Funds given or personally loaned to the individual to pay for his or her living expenses during the testing the waters period.

Specifically, the Act prohibits money from: Labor organizations not including funds from a labor separate segregated fund ; Corporations , including nonprofit corporations although funds from a corporate separate segregated fund are permissible ; Foreign nationals; or Federal government contractors.

Bank accounts Although this is not a requirement, an individual who tests the waters may want to segregate testing the waters funds from personal funds by setting up a separate bank account.

Organizing a testing the waters committee An individual may organize a committee for testing the waters. Resources: Help for candidates and committees E-learning video: Testing the waters. David Garr Communications Specialist. Read next: Preparing for the next election Related: Explore campaign finance data ».

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