Your web browser is not supported You're using Internet Explorer, some features might not work. Please switch to another browser like Chrome, Firefox, or Edge for a better experience.


An official website of the United States government Here's how you know
 **Official websites use .gov**
            
            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
            
            A **lock** ( A locked padlock ) or **https://** means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.


Federal Election Commission | United States of America Calendar
           Glossary
          Search
              Search


Menu
      Home
      Campaign finance data
        All data
            Raising
            Spending
            Loans and debts
            Filings and reports
            Candidates
            Committees
            Bulk data
            Campaign finance statistics
        Find elections. Search by state or ZIP code
          Look up contributions from specific individuals
      Help for candidates and committees
        All compliance resources
            Guides
            Forms
            Dates and deadlines
            Trainings
        Learn about electronic filing
          Find and contact your committee's analyst
      Legal resources
        All legal resources
            Advisory opinions
            Enforcement
            Statutes
            Legislation
            Regulations
            Court cases
            Policy and other guidance
        Search across all legal resources
          Search guidance documents
      About
        All about the FEC
            News and announcements
            Commission meetings
            Mission and history
            Leadership and structure
            Reports about the FEC
            Careers
            Working with the FEC
            Contact
        Introduction to campaign finance and elections


- Home
- ›
      FEC Record: Outreach
- ›
      Testing the waters for possible candidacy (2017)

FEC Record: OutreachTesting the waters for possible candidacy (2017)April 14, 2017 Before deciding to campaign for federal office, an individual may want to "test the waters"—in other words, explore the feasibility of becoming a candidate. An individual who spends money merely to test the waters (but not to campaign for office) does
    not have to register as a candidate. Nevertheless, funds raised to test the waters are subject to the Federal Election Campaign Act’s (the Act) limits and prohibitions. Once an individual begins to campaign or decides to become a candidate, funds that were raised or spent to test the waters apply to the $5,000 threshold for qualifying as a candidate. Once that threshold is exceeded, the individual must register and begin
    filing reports. Testing the waters vs. campaigning While testing the waters, an individual may carry out a variety of activities, such as conducting polling, traveling around a district or state, and placing telephone calls to see if there is sufficient support
    for a candidacy. Certain activities, however, indicate that the individual is no longer testing the waters. Those activities include:  Making or authorize statements that refer to themselves as candidates ("Smith in 2018" 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.  Individuals who engage in these activities may no longer qualify for the testing the waters exemption, and if that is the case, would need to register as a candidate if they have raised or spent more than $5,000. If an individual decides not to run for federal office, there is no obligation to report testing the water activity, and the donations made to a testing the waters committee will not count as contributions. Contributions towards testing the waters An individual who tests the waters must keep financial records. If the individual becomes a candidate, the money raised and spent
    to test the waters counts toward the $5,000 registration threshold and must be reported by the campaign. Contribution limits apply to all the support given to an individual who is testing the waters.
    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.  Additionally, an individual who is testing the waters must comply with the Act’s prohibitions.
    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.  For additional information on contributions, including current contribution limits, please review the FEC’s Contributions brochure. 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. If the individual later becomes a candidate, a campaign account must be established
    to keep campaign funds separate from their personal funds. For additional information on bank accounts, please see Getting a tax ID and bank account. Organizing a testing the waters committee An individual may organize a committee for testing the waters. An exploratory committee or a testing the waters committee is not considered a political committee under the Act and is not required
    to register with the FEC or to file reports. 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. These contributions and expenditures count toward the $5,000 threshold that initiates candidate status. To download registration and reporting forms, please visit Forms for candidates and authorized committees. Additional information Further information on organizing a campaign committee can be found in the Campaign Guide for Congressional Candidates and Committees [PDF]. Resources:  Help for candidates and committeesE-learning video: Testing the waters
 Author
          David GarrCommunications Specialist


Read next: Preparing for the next election (2018)
 Related: Explore campaign finance data »


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. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


About
          Careers
          Press
          Contact
   Privacy and security policy
          Plain language
          No FEAR Act
          Strategy, budget and performance
 Open government
          Protected Voices
          USA.gov
          Inspector General
          FOIA
 OpenFEC API
          GitHub repository
          Release notes
          FEC.gov status


Federal Election Commission
 The FEC's Twitter page
            The FEC's YouTube page Sign up for FECMail


Hide glossary Glossary Search terms