§ 73.1940   Legally qualified candidates for public office.

   (a) A legally qualified candidate for public office is any person who:

   (1) Has publicly announced his or her intention to run for nomination
   or office;

   (2) Is qualified under the applicable local, State or Federal law to
   hold the office for which he or she is a candidate; and

   (3) Has met the qualifications set forth in either paragraph (b), (c),
   (d), or (e) of this section.

   (b) A person seeking election to any public office including that of
   President or Vice President of the United States, or nomination for any
   public office except that of President or Vice President, by means of a
   primary, general or special election, shall be considered a legally
   qualified candidate if, in addition to meeting the criteria set forth
   in paragraph (a) of this section, that person:

   (1) Has qualified for a place on the ballot; or

   (2) Has publicly committed himself or herself to seeking election by
   the write-in method and is eligible under applicable law to be voted
   for by sticker, by writing in his or her name on the ballot or by other
   method, and makes a substantial showing that he or she is a bona fide
   candidate for nomination or office.

   (c) A person seeking election to the office of President or Vice
   President of the United States shall, for the purposes of the
   Communications Act and the rules in 47 CFR chapter I, be considered
   legally qualified candidates only in those States or territories (or
   the District of Columbia) in which they have met the requirements set
   forth in paragraphs (a) and (b) of this section: Except, that any such
   person who has met the requirements set forth in paragraphs (a) and (b)
   of this section in at least 10 States (or 9 and the District of
   Columbia) shall be considered a legally qualified candidate for
   election in all States, territories, and the District of Columbia for
   the purposes of this Act.

   (d) A person seeking nomination to any public office, except that of
   President or Vice President of the United States, by means of a
   convention, caucus or similar procedure, shall be considered a legally
   qualified candidate if, in addition to meeting the requirements set
   forth in paragraph (a) of this section, that person makes a substantial
   showing that he or she is a bona fide candidate for such nomination:
   Except, that no person shall be considered a legally qualified
   candidate for nomination by the means set forth in this paragraph prior
   to 90 days before the beginning of the convention, caucus or similar
   procedure in which he or she seeks nomination.

   (e) A person seeking nomination for the office of President or Vice
   President of the United States shall, for the purposes of the
   Communications Act and the rules thereunder, be considered a legally
   qualified candidate only in those States or territories (or the
   District of Columbia) in which, in addition to meeting the requirements
   set forth in paragraph (a) of this section:

   (1) He or she, or proposed delegates on his or her behalf, have
   qualified for the primary or Presidential preference ballot in that
   State, territory or the District of Columbia; or

   (2) He or she has made a substantial showing of a bona fide candidacy
   for such nomination in that State, territory or the District of
   Columbia; except, that any such person meeting the requirements set
   forth in paragraphs (a)(1) and (2) of this section in at least 10
   States (or 9 and the District of Columbia) shall be considered a
   legally qualified candidate for nomination in all States, territories
   and the District of Columbia for purposes of this Act.

   (f) The term "substantial showing" of a bona fide candidacy as used in
   paragraphs (b), (d) and (e) of this section means evidence that the
   person claiming to be a candidate has engaged to a substantial degree
   in activities commonly associated with political campaigning. Such
   activities normally would include making campaign speeches,
   distributing campaign literature, issuing press releases, maintaining a
   campaign committee, and establishing campaign headquarters (even though
   the headquarters in some instances might be the residence of the
   candidate or his or her campaign manager). Not all of the listed
   activities are necessarily required in each case to demonstrate a
   substantial showing, and there may be activities not listed herein
   which would contribute to such a showing.

   [ 57 FR 27708 , June 22, 1992]

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