This appendix has been written for groups that have formed a minor political party or that want to start one. Federal law confers benefits on party committees at the local, state and national levels, but only groups meeting specific criteria may take advantage of those benefits.

Party committees are entitled to spend more money in coordinated support of their candidates for federal office than other political groups.

• In addition to making contributions, local party committees may spend unlimited amounts for certain candidate-support activities called exempt party activities (see here).

• State party committees may also pay for unlimited exempt party activities. Additionally, state party committees may spend limited—but substantial—amounts on coordinated party expenditures to support their U.S. House and Senate candidates in the general election (see here). Coordinated party expenditures do not count against the contribution limits.

• While national committees are not entitled to the exempt party activities benefit, they have other advantages. They can make coordinated party expenditures on behalf of House, Senate and Presidential nominees. Moreover, they enjoy higher limits on the contributions they raise than other committees.[1]

Any organization that wants to become a political party should keep in mind unique regulations. First, national party committees may not accept or direct any funds outside the limits and prohibitions of federal law. See here. Second, certain activity by state, district and local committees, termed federal election activity, is uniquely regulated. See here and here. Third, party committees are restricted in how they may support certain tax exempt organizations. See here.

The benefits of political party status apply only to organizations that qualify as political parties.

Federal Law

The federal campaign finance law defines “political party” as a committee or organization whose nominated or selected candidates for federal office appear on the ballot as the party’s candidates. 100.15. However, ballot access is governed by state law.

State Law

The laws in each state determine when a political organization qualifies as a “political party” entitled to have its candidates’ names appear as party-designated candidates on the general election ballot. While the laws differ from state to state, they generally all require a nonmajor party to demonstrate sufficient voter support—such as by filing a petition for party recognition signed by a representative number of voters—in order to qualify for ballot access in the general election. Moreover, the party must receive a sufficient number of votes in the election in order to sustain its qualified status.

In nearly all states, a party can achieve limited recognition as a political party for a specific general election by being named as the organization represented by the candidate in his or her nominating petition.

Contact the Secretary of State’s office (or equivalent office) in each state for specific information on achieving political party status under state law.

Federal law defines a national committee as an organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of the party at the national level, as determined by the Commission. 100.13.

A committee should seek an FEC advisory opinion to verify that it has attained national committee status before taking advantage of the expanded contribution and expenditure limits that apply to a qualified national committee. The Commission will decide whether the committee or the party has demonstrated sufficient national-level activity to qualify, based on the criteria listed below. See AOs 2001-13, 1998-2, and 1995-16.

Nominating Candidates for Federal Office
in Numerous States

The party must have a sufficient number of party-designated federal candidates on the ballot in a sufficient number of states to meet this requirement. Moreover, the party’s ballot access efforts must extend beyond the Presidential races to races for the U.S. Congress. See AOs 1988-45 and 1980-131 and those cited below.

For example, in the 1992 elections, a party’s Presidential and Vice Presidential candidates achieved ballot access in several states, but the party’s ballot access activity with respect to candidates for U.S. Congress—9 candidates in 3 states—was considered too limited to meet this criterion. AO 1992-44. The same party, in the 1994 election cycle, expanded its efforts, achieving ballot access for 14 Congressional candidates in 6 states located in different sections of the country. This was considered sufficient activity to meet the ballot access requirement. AO 1995-16. See also AO 1992-30.

Conducting Activities on Ongoing Basis

The committee must engage in activities such as voter registration drives on an ongoing basis (rather than with respect to a particular election). See, for example, AO 1992-30.

Publicizing Issues Nationwide

A national committee must publicize, on a national basis, issues of importance to the party and its adherents. This activity might involve publishing the party’s philosophy and positions, issuing press releases and distributing a national newsletter. See, for example, AO 1992-44.

Other Criteria

Other factors which indicate that a party committee has attained national status include: holding a national convention; setting up national headquarters; and establishing state party committees. See, for example, AO 1992-30.

A state party committee is the organization that by virtue of the bylaws of a political party or by the operation of state law is part of the official party structure and is responsible for the day-to-day operation of a political party at the state level by virtue of the party’s bylaws, including any entity established, maintained, financed or controlled by the organization. 100.14(a).

Whether an organization qualifies as a state party committee is determined by the Commission. Committees desiring such a determination should submit an advisory opinion request to the Commission.

In AOs 2002-10, 1996-27, 1995-49 and 1992-30, the Commission said that two requirements must be met in order for a committee to qualify as a state party committee.

• First, the relationship between the political party and the committee must be based on an agreement that requires the committee to perform activities commensurate with the day-to-day operation of the party on a state level (such as raising contributions; assisting candidates’ fundraising efforts; conducting voter registration drives; holding state conventions; and nominating candidates for state and federal office).

• Second, the committee must achieve ballot access for the party’s Presidential candidate and other federal candidates running in the state.

A district or local party committee is the organization that by virtue of the bylaws of a political party or by the operation of state law is part of the official party structure. It is responsible for the day-to-day operation of a political party at the level of city, county, neighborhood, ward, district, precinct or any other subdivision of a state. 100.14(b).

A subordinate committee is a committee that operates in any subdivision of a state or is an organization under the control or direction of a state committee and is directly or indirectly established, financed, directed or controlled by a state, district or local committee. 100.14(c).