A democratic group is demanding the FEC treat Trump like a presidential candidate, as Trump is already running an obvious presidential campaign
disqualify him from the FEC’s “testing the waters”
exemptions for potential candidates. The FEC allows for potential candidates to engage in activities aimed at exploring the feasibility of an election bid. These activities include things like “conducting polling, traveling around a district or state, and placing telephone calls to see if there is sufficient support for a candidacy.” The FEC clarifies that potential candidates are still subject to financial obligations: “An individual who tests the waters must keep financial records.
There are also limitations placed by the commission on what sorts of activities individuals “testing the waters” can engage in. Disqualifying activities include “raising more money than what is reasonably needed to test the waters or funds to be used after candidacy is established,” “using general public political advertising to publicize their intention to campaign,” and “conducting activities over a protracted period of time or shortly before the election.
The complaint alleges that Trump and his organizations have repeatedly violated these limitations and are not acting as an undecided candidate guaging the viability of a campaign. They argue that Trumps refusal to declare his candidacy while acting and spending like a candidate allows him to remain unburdened by transparency laws and is detrimental to the public at large.
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