AO 2008-16: Libertarian Party of Colorado qualifies as state party committee

The Libertarian Party of Colorado (LPCO) qualifies as a state party committee under the Federal Election Campaign Act (the Act) and Commission regulations.

Background

The LPCO's Constitution provides that the purposes of the LPCO include, among other things, "communicating the message and positions of the party" and "attracting, nominating, and promoting…Libertarian candidates for political office." The LPCO placed a candidate for President of the United States on the 2008 and 2004 Colorado general election ballots, and also placed a candidate for U.S. House of Representatives on the Colorado ballot in 2004. Since 1975, the Commission has recognized the Libertarian National Committee as the national committee of a political party.

Analysis

The LPCO qualifies as a state committee of a political party within the meaning of the Act and Commission regulations. A state committee is an organization that, 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 the political party at the state level, as determined by the Commission. 11 CFR 100.14(a). 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." 11 CFR 100.15.

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.

The LPCO meets the first qualification because the Commission has determined that the Libertarian Party is a political party and recognizes the status of the Libertarian National Committee as the national committee of the Libertarian Party. AOs 2007-06, 2007-02, and 1975-129. The LPCO meets the second qualification because the LPCO is part of the official party structure of the Libertarian Party, as confirmed by the Acting Executive Director of the Libertarian Party.

The LPCO also meets the third qualification because it is responsible for the day-to-day operation of the Libertarian Party at the state level. In previous advisory opinions, the Commission has evaluated this element by considering:

• Whether the organization has placed a candidate on the ballot; and
• Whether the bylaws of the state party organization indicate activity commensurate with the day-to-day functions and operations of a political party at the state level.

Since LPCO has placed several candidates on the ballot in Colorado and the LPCO’s bylaws indicate that it is responsible for the day-to-day activities of the Libertarian Party in Colorado, the third qualification is met.

Thus, the LPCO satisfies all three requirements and qualifies as a state committee of a political party.

AO 2008-16: Date Issued: November 20, 2008; length: 5 pages.