In a decision based on neither theory advanced in the debate here several months ago, Judge Sessions has ruled that Pollina is entitled to receive contributions up to $2,000.
I haven’t seen the decision yet, but the Free Press reports that the court ruled that announcing and raising funds as a Progressive qualified him to accept contributions for both the primary and general election ($1,000 each) despite not actually filing for the Progressive primary. I’ll be interested to see the details of decision. If the logic is taken at face value, a candidate wouldn’t even have to ever file at all to qualify for the $2,000 contribution limit.
The ruling also appears to open the door for a major party candidate to continue to accept contributions for the “primary” long after the actual primary. Federal rules aren’t watertight by any means, but you do have to identify enough expenses that, at least in theory, were for the primary in order to use that portion of your total limit. You also have to return general election contributions if you don’t make it past the primary. Note in particular the first sentence of this excerpt from the FEC candidate guide:
A candidate is entitled to an election limit only if he or she seeks office in that election. Thus, a candidate who loses the primary (or otherwise does not participate in the general election) does not have a separate limit for the general. If a candidate accepts contributions for the general election before the primary is held and loses the primary (or does not otherwise participate in the general election), the candidate’s principal campaign committee must return the general election contributions
within 60 days of the primary.