AO 2007-23: State party committee status for Independence Party New York

The Independence Party of New York (IPNY) 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 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). See also 11 CFR 100.14(a).

In order for an organization to achieve state party committee status under FEC regulations, the Commission must first determine whether the organization qualifies as a "political party" under the Act and Commission regulations. See AO 2007-6. Commission regulations define a "political party" as an “association, committee, or organization which nominates a candidate for election to any Federal office whose name appears on the election ballot as the candidate of such association, committee, or organization.” 11 CFR 100.15; 2 U.S.C. §431(16).

Secondly, the organization must, by virtue of its bylaws, be responsible for the day-to-day operations of the political party at the state level. See 2 U.S.C. §431(15). A state party organization need not be affiliated with a national political party to obtain state party committee status; in such cases, the Commission considers whether the party’s rules “set out a comprehensive organizational structure for the party” and “clearly identify the role of the party” in administering the operations of the party at a state level. See AO 2000-21 and 2000-14.

Analysis

IPNY meets all of the requirements for state party committee status. IPNY has successfully placed candidates for federal office on the ballot in New York. Thus, IPNY satisfies the definition of “political party.” Additionally, IPNY’s bylaws (called “Rules” by IPNY) establish a comprehensive organizational structure for the party from the state level down to the local level and clearly identify the role of the party organization. The Rules address the day-to-day operations of a political party on the state level and are similar to the bylaws examined in past advisory opinions in which the Commission has recognized state party committee status. Also, under New York Election Law, IPNY has achieved ballot access status in New York as the official “Independence Party of the State of New York.”

AO 2007-23: Date Issued: December 10, 2007; length: 4 pages