AO 2009-16: Libertarian Party of Ohio qualifies as state party committee

The Libertarian Party of Ohio (the LPO) qualifies as a state party committee under the Federal Election Campaign Act (the Act) because the LPO: (1) qualifies as a political party; (2) is part of the official Libertarian Party structure; and (3) is responsible for the day-to-day operations of the Libertarian Party at the state level.

Background

The Act defines a “state committee” as 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 operations of the political party at the state level, as determined by the Commission. 2 U.S.C. §431(15); 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.” 2 U.S.C. §431(16); 11 CFR 100.15.

The determination as to whether a state party organization qualifies as a state committee of a national political party hinges on three elements. First, the national party that the state party organization is part of 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 operations of the national party at the state level. See, e.g., AOs 2008-16, 2008-13, 2007- 06 and 2007-02.

Analysis

The Commission must first assess whether the national party qualifies as a “political party” under the Act and Commission regulations. 2 U.S.C. §§431(15) and (16); 11 CFR 100.14 and 100.15. In previous advisory opinions the Commission has determined that the Libertarian Party qualifies as a political party, and the Commission has recognized the Libertarian National Committee (the LNC) as a national committee of a political party since 1975. The Commission is not aware of any factual changes that would alter that conclusion.

The LPO must also qualify as part of the official party structure of the national party, pursuant to 11 CFR 100.14. In previous advisory opinions, the Commission has looked to supporting documentation indicating that the state party is part of the official party structure. The Acting Executive Director and Director of Operations for the LNC provided documentation that suffices to establish the LPO is part of the Libertarian Party’s official party structure. Third, the LPO must maintain responsibility for the day-to-day operations of the Libertarian Party at the state level. 2 U.S.C. §431(15); 11 CFR 100.14. In previous advisory opinions, the Commission has evaluated this third element by considering two criteria:

• Whether the organization has placed a candidate on the ballot (thereby qualifying as a “political party”); and
• Whether the bylaws or other governing documents of the state party organization indicate activity commensurate with the day-to-day functions and operations of a political party at the state level.

Ballot placement on behalf of a “candidate” is required because the requesting organization’s existence as a “political party” is necessary for state committee status. A state party organization must actually obtain ballot access for one or more “candidates,” as defined by the Act. See 2 U.S.C. §§431(2), (15), and (16); 11 CFR 100.3(a); 100.14(a); 100.15. Former Representative Bob Barr qualified as a “candidate” under the Act, and Barr’s name was listed on the 2008 Ohio ballot as the LPO’s candidate for President, satisfying the first criterion.

The Commission also determined that the state party’s constitution and bylaws delineate activity commensurate with the day-to-day functions and operations of a political party on the state level, thereby satisfying the second criterion.

Because all three elements of the definition of “state committee” are satisfied, the Commission determined that the LPO qualifies as a state committee of a political party under the Act and Commission regulations.

AO 2009-16: Date issued: July 29, 2009; Length: 5 pages.