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  • FEC Record: Advisory opinions

Advisory Opinion 2007-06: State party status for Libertarian Party of Indiana

June 1, 2007

The Libertarian Party of Indiana (LPIN) satisfies the requirements for state party committee status.

Background

The Federal Election Campaign Act (the Act) defines a state committee as "the organization which, by virtue of the bylaws of a political party, is part of the official party structure and is responsible for the day-to-day operation of such political party at the State level, as determined by the Commission." 2 U.S.C. 431(15).

In order for a committee to achieve state party committee status under FEC regulations, the Commission must first determine whether the party itself qualifies as a "political party" under the Act and Commission regulations. See AO 2007-2. Secondly, the committee must satisfy the remaining requirements of state party committee status: (1) be part of the official party structure and (2) be responsible for the day-to-day operations of the political party at the state level. 2 U.S.C. 431(15) and 11 CFR 100.14. To determine day-to-day responsibility for operations, the Commission considers both (1) whether the committee has successfully placed a federal candidate on the ballot and (2) the bylaws of the committee. See AO 2007-2. Gaining ballot access for a federal candidate is an essential element of qualifying as a political party. See 2 U.S.C. 431(16) and 11 CFR 100.15.

Analysis

The LPIN meets all of the requirements for state political committee status. The Commission previously determined that the Libertarian Party qualifies as a national party committee. See AOs 2002-14 and 1975-129. The LPIN demonstrated that it is part of the official party structure by submitting a letter from the Libertarian National Committee (LNC) confirming the LPIN's status as part of the LNC's official party structure.

Regarding the day-to-day operational responsibilities, the LPIN successfully placed a Presidential candidate on the ballot in 2004 and a House of Representatives candidate on the ballot in 2006. Both candidates raised or spent in excess of $5,000 during their respective campaigns, thus satisfying the Act's definition of "candidate" at 2 U.S.C. 431(2).

AO 2007-06: Date Issued: May 4, 2007; Length: 4 pages

  • Author 
    • Meredith Metzler