Why Donald Trump can say he’ll be the 47th president of the United States — without having to declare himself an official candidate

Trump
Former President Donald Trump speaks at a "Save America" rally in Florence, Ariz., on January 15, 2022.AP Photo/Ross D. Franklin
  • Donald Trump declared this week that he will run for president in 2024.

  • It takes more than hints to be required to register with election regulators.

  • Some experts say that Trump gains advantages by not making a formal announcement.

Donald Trump lined up to hit a golf ball while wearing a white polo shirt and red hat.

A man off-camera says that he is the 45th president of the United States.

The 45th and the 47th were added by Trump.

It is the latest in a long list of hints, suggestions, and near-declarations that Trump has offered about whether he will run for president in 2024.

Election experts say that Trump needs to make more than a few remarks for the federal government to require him to register as a presidential candidate and begin adhering to financial disclosure and fundraising limit requirements.

Brad Smith, chairman and founder of the Institute for Free Speech and a former Federal Election Commission chairman, said there was no law against joking, bloviating, speculating, or predicting.

To become an official candidate, Trump needs to put money in his mouth.

He would have to raise or spend more than $5,000 in order to officially register as a presidential candidate according to Federal Election Commission guidelines.

Even though Trump has conducted campaign-style political rallies and raised tens of millions of dollars for his collection of post-presidential political committees, he hasn't explicitly declared that they exist in service to his presidency.

Ken Gross, a former associate general counsel of the FEC, wrote in an email to Insider that if he starts to spend money pursuing a run for office, that could cause candidacy.

While many election experts say the golf course comment is not enough to force Trump to register as an official presidential candidate, some have warned that if he keeps making these comments, his own mouth could force him to register.

If Trump were to make more statements like that, it becomes more likely that he would become a candidate.

The former FEC chairwoman wrote to Insider that Trump is getting close to the blurry line between a candidate and a non-candidate.

He stated that he planned to be the 47th President, but he did not qualify it by saying that he would run. He must register as a candidate if he starts raising money.

Donald Trump is seen in his office in Trump Tower in Manhattan, N.Y., in 2012.Jennifer S. Altman/For The Washington Post via Getty Images

'He will be the nominee'

Matt Mackowiak, a Texas-based Republican strategist, previously told Insider that Trump might be holding off on his announcement to run for office because of pending legal investigations, financial concerns, and health reasons.

Newt Gingrich told Insider that if he is healthy, he will.

Gingrich thinks he will be the nominee if he runs.

Trump is a favorite among potential Republican presidential candidates. According to a Harvard CAPS/Harris poll shared with The Hill, fifty-seven percent of Republican voters supported him to lead the GOP presidential ticket.

At a time when Trump is aggressively raising money for the Republican Party and his own committees, his recent comments hint at another run for office.

Save America had more than $90 million in reserve at the end of June.

The Make America Great Again Action super PAC may raise and spend unlimited sums of money because of Trump. As long as he is not a declared candidate, Trump can personally use it.

The former president is expected to attend the Save America rally in Houston. According to the Houston Chronicle, Texas Republican Gov. Greg Abbott, Lieutenant Gov. Dan Patrick, and Attorney General Ken Paxton are expected to speak at the event.

Insider was told by election experts that there are financial benefits to holding off on running for office.

Before he becomes a candidate, he can be more involved with the operation of the super PAC. Fisher said that once he becomes a candidate, he can only raise and spend money.

Other kinds of political committees are not subject to the same restrictions as presidential campaign committees.

An individual donor can give a maximum of $5,800 to a single presidential campaign, with a maximum of $2,900 going to the primary and $2,900 going to the general election.

The same donor could give more to a political action committee or a party committee if they wanted to.

The reporting was contributed to by Jake Lahut and Eliza Relman.

The original article is on Business Insider.