ArchPundit

Team America again screws up the facts with his breathless attack on Michael Bond for not forming a campaign committee within 15 days of announcing and links to two different links that are accurate, but not complete.

The full context must be understood in with 100.72 (a)

(a) General exemption. Funds received solely for the purpose of determining whether an individual should become a candidate are not contributions. Examples of activities permissible under this exemption if they are conducted to determine whether an individual should become a candidate include, but are not limited to, conducting a poll, telephone calls, and travel. Only funds permissible under the Act may be used for such activities. The individual shall keep records of all such funds received. See 11 CFR 101.3. If the individual subsequently becomes a candidate, the funds received are contributions subject to the reporting requirements of the Act. Such contributions must be reported with the first report filed by the principal campaign committee of the candidate, regardless of the date the funds were received.

And 100.131

(a) Definition. Candidate means an individual who seeks nomination for election, or election, to federal office. An individual becomes a candidate for Federal office whenever any of the following events occur:
(1) The individual has received contributions aggregating in excess of $5,000 or made expenditures aggregating in excess of $5,000.
(2) The individual has given his or her consent to another person to receive contributions or make expenditures on behalf of that individual and such person has received contributions aggregating in excess of $5,000 or made expenditures aggregating in excess of $5,000.
(3) After written notification by the Commission that any other person has received contributions aggregating in excess of $5,000 or made expenditures aggregating in excess of $5,000 on the individual’s behalf, the individual fails to disavow such activity by letter to the Commission within 30 days of receipt of the notification.
(4) The aggregate of contributions received under 11 CFR 100.3(a) (1), (2), and (3), in any combination thereof, exceeds $5,000, or the aggregate of expenditures made under 11 CFR 100.3(a) (1), (2), and (3), in any combination thereof, exceeds $5,000.

In fact, if you don’t spend $5,000 and run you don’t have to file at all.  Obviously you aren’t going to win, but there are minor candidates who often don’t file for this very reason.

If you haven’t raised $5,000 yet, you don’t have to file. When you reach that threshold you have 15 days to file from that date.  There is nothing in the complaint that alleges Bond raised more than $5,000 before May 16, 2009 so the Lake County Republican Chairman Dan Venturi is wasting FEC time and money with nothing other than a harassment technique while the FEC can barely keep up with legit complaints.

Read the regulations before you file a complaint. Or even the handy candidate guide the FEC provides that tells you the same information.

Small Update:  Actually the Statement of Organization was postmarked May 26, 2009, meaning that Bond could have reached the $5,000 threshold as early as May 11, 2009 and be in full compliance.