AO 2008-13: Pacific Green Party of Oregon qualifies as state party committee

The Pacific Green Party of Oregon (the PGPO) qualifies as a state party committee of the Green Party of the United States.

Background

The PGPO first applied for and received recognition as a state party affiliate of the Association of State Green Parties, the predecessor of the current Green Party of the United States (GPUS),(1) in November 2000. AO 2000-39. In September 2003 the PGPO filed a termination report, and in October the Commission informed the PGPO it had accepted the report as valid termination of registration and advised the committee that if it again became active in federal elections, it would have to re-register as a new committee. The PGPO did re-register by filing a new Statement of Organization on FEC Form 1 in July 2008.

Analysis

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). A "political party" is an "association, committee, or organization that 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.

Thus, in order to achieve status as a state committee of a national party under Commission regulations, an organization must meet three requirements. First, the national party with which the state party organization is associated must itself be a "political party." Second, the state party organization must be part of the official structure of the national party. Third, the state party organization must be responsible for the day-to-day operation of the national party at the state level.

PGPO meets the first requirement because the Commission recognized the national party status of the GPUS in 2001. PGPO meets the second requirement because it is the GPUS's sole recognized affiliate in the state of Oregon, thus showing the PGPO's role in the national party’s official structure. In order to meet the third requirement, a state party organization must have:

• Bylaws or a similar document that "delineates activities commensurate with the day-to-day operation" of a party at a state level; and
• Ballot access for at least one federal candidate who has qualified as a candidate under Commission regulations.

The PGPO's satisfies this requirement as well. Its bylaws set out a comprehensive organizational structure for the party from the statewide level down through local levels, and the bylaws clearly identify the role of the PGPO. Further, the PGPO has placed former Representative Cynthia McKinney on Oregon's 2008 general election ballot as the party’s Presidential candidate. Thus, the PGPO satisfies all three requirements and qualifies as a state committee of a political party.

AO 2008-13: Date Issued: October 8, 2008; length: 5 pages.

(1)The Commission has recognized the GPUS as a national committee of a political party since 2001. AO 2001-13.