§ 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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