Hooser Walking Fine Line Toward Congress
WASHINGTON — Potential 2nd Congressional District candidate Gary Hooser is walking a fine line when it comes to federal election law.
People considering a run for national office are permitted to “test the waters” by raising money to use on expenses like polls, travel and telephone calls to determine whether their candidacy is feasible. But there is a point at which a maybe-candidate must officially register by filing paperwork with the FEC.
While the 57-year-old former state senator said he’s still exploring the possibility of running for Congress, he could meet the Federal Election Commission’s standard for when somebody who’s “testing the waters” crosses the line into candidacy.
A spokeswoman for the FEC told Civil Beat that she could not determine whether or not Hooser had violated federal regulations, but pointed out .
The FEC stipulates that certain activities “indicate that the individual has decided to become a candidate and is no longer testing the waters.” Once that happens, “he or she must register as a candidate.”
Topping the FEC’s list of ways a person who’s thinking about running becomes a candidate: “The individual makes or authorizes written or oral statements that refer to him or her as a candidate for a particular office.”
On Oct. 14, Hooser posted a lengthy message to his . Here’s an excerpt:
“I am compelled to move toward entering the campaign for the U.S. House of Representatives in the 2nd Congressional District. The path is long and the hill is steep, but not taking up the challenge is akin to surrender before the first step is taken. We can and we must, prove the cynics wrong. I am willing to take on the challenge if you will join me.”
In a phone interview with Civil Beat on Thursday, Hooser sounded as though he had his mind made up — but was careful to walk back his decisiveness:
“Frankly, I fully expect to be a candidate,” he said. “But we won’t be able to make a final decision or announcement for another 30 days.”
Hooser has taken one of the first official steps toward candidacy. Hooser’s campaign committee, Hooser for Hawaii, formally filed a with the Federal Election Committee on Oct. 12. That filing is one of the two required pieces of paperwork that any candidate for a national office — House, Senate or the presidency — must file in order to run. The other critical piece of paperwork is a statement of candidacy, which Hooser has not filed.
Hooser characterizes his campaign committee as “exploratory,” or designed to help him decide whether to enter the congressional race. But the FEC mandates that exploratory committees “must not refer to the individual as a candidate.”
“For example, an exploratory committee could not be called ‘Sam Jones for Congress,’ which would indicate that Jones had already decided to run for federal office,” the FEC writes in its August 2011 Campaign Guide. “Instead, the committee could be called ‘Sam Jones Congressional Exploratory Committee.'”
It’s not clear whether “Hooser for Hawaii,” would be considered an indication that he has already decided to run. He does use the email address electgaryhooser@gmail.com.
Because he has not yet filed as a candidate, Hooser does not have to disclose how much money he has raised. In August, he emailed supporters to request donations to help him decide whether he should run. At that time he wrote that his campaign needed $12,500 to pay off existing debts from his 2010 run for lieutenant governor, and an additional $25,000 to “maintain an ongoing strong and credible campaign presence.”
The reference to a “campaign presence” suggests that Hooser had already made up his mind to run when he sent that Aug. 15 email. It also suggests that Hooser sought to raise money for “campaign activity.” The FEC mandates that someone “testing the waters” is not permitted to raise or spend more than $5,000 on campaign activity.
However, potential candidates are permitted to exceed that amount if the money is solely used on activities — polling, calling potential supporters — related to making up one’s mind about running. Hooser confirmed he has raised more than $5,000 over the past 60 days.
Asked about whether the use of his money met that $5,000 FEC requirement, Hooser told Civil Beat that he raised $8,000 before establishing the Hooser for Hawaii committee and $4,500 since then.
