'snip'
The rule is pretty simple. If you spend more than $5,000 on campaign activities, you're a candidate, whether or not you've officially declared. The question is what constitutes "testing the waters" activity, and what constitutes "candidate" activity.
In 2004 the conservative National and Legal Policy Center filed a complaint with the FEC (LINK HERE) alleging Sharpton was using the "testing the waters" committee to run an "off-the-books campaign," not declaring his candidacy officially while clearly a candidate, thus avoiding disclosure rules. The FEC investigated the matter, and arrived at a settlement with Sharpton.
The FEC ruled that Robertson had violated the "testing the waters" rules in 1988, fining him $25,000.
http://blogs.abcnews.com/politicalpunch/2007/08/is-fred-thompso.htmlhttp://www.crooksandliars.com/2007/08/17/fred-thompsonhe-looks-terribleoh-and-he-may-get-in-when-he-gets-in/