AO 2008-12: Independent Party of Oregon qualifies as state party committee

The Independent Party of Oregon (the IPO) qualifies as a state party committee under the Federal Election Campaign Act (the Act). The IPO is not affiliated with a national political party, but such an affiliation is not needed to qualify as a state party committee under the Act and Commission regulations.

Background

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).

The IPO is not affiliated with a national party, but qualifies under Oregon law as a "minor political party." In order for a state party organization that is not affiliated with a national party to achieve state committee status under Commission regulations, the organization must meet three requirements.

First, the organization must qualify as a "political party" under the Act and Commission regulations. See AO 2007-23. The Act and 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." 2 U.S.C. §431(16); 11 CFR 100.15.

Second, the organization must itself possess an official party structure. 2 U.S.C. §431(15); 11 CFR 100.14(a).

Third, the organization must be responsible for the day-to-day operation of a political party at the state level. See AOs 2000-21 and 2000-14.

Analysis

The IPO meets all three requirements and thus qualifies as a political party under the Act and Commission regulations. It satisfies the first requirement because Mr. Joel Haugen will appear on Oregon's 2008 general election ballot as the party's candidate for the U.S. House of Representatives.

The IPO satisfies the second requirement because its constitution and bylaws establish an official party structure.

The IPO satisfies the third requirement because it is responsible for the day-to-day operation of a political party at the state level. The IPO's constitution and bylaws set out a comprehensive organizational structure for the party from the statewide level down through various local levels, and clearly identify the role of the IPO and its responsibilities for the day-to-day functions and operations of the political party at the state level. The IPO's responsibility for the operations of the political party at the state level is commensurate with the responsibility of other state party committees that the Commission has previously recognized.

AO 2008-12: Date Issued: October 8, 2008; length: 4 pages.