AO 2010-13: Libertarian Party of Florida qualifies as state party committee

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

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 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.

The determination of a state party organization’s status as the state committee of a political party depends on three elements. First, the national party of which the state party organization is a part 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 AOs 2009-16, 2008-16 and 2007-06.

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 advisory opinions from 1975 forward, the Commission has recognized the Libertarian Party as a political party and the Libertarian National Committee as the national committee of the Libertarian Party. See AO 1975-129; see also AOs 2009-16 and 2008-16. The Commission is aware of no changes that would alter that conclusion.

Second, the LPF must qualify as part of the official structure of the national party. 2 U.S.C. § 431(15); 11 CFR 100.14(a). In past advisory opinions, the Commission has considered supporting documentation indicating that the state party is part of the official party structure. In this case, the memorandum from Robert S. Kraus, Director of Operations of the Libertarian National Committee, provides sufficient documentation to establish the LPF as part of the Libertarian Party’s official party structure.

Third, the LPF must maintain responsibility for the day-to-day operations of the national party at the state level. 2 U.S.C. § 431(15); 11 CFR 100.14(a). In previous advisory opinions, the Commission has evaluated this 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.

Placing a “candidate” on the ballot is required because the requesting organization’s existence as a political party is prerequisite for state committee status. A state party organization must actually obtain ballot access for one or more “candidates,” as defined in the Act. See 2 U.S.C. § 431(2), § 431(15) and § 431(16); 11 CFR 100.3(a), 100.14(a) and 100.15. The LPF has satisfied this criterion by placing Alex Snitker on the 2010 Florida general election ballot as the Libertarian Party’s candidate for U.S. Senate. Reports filed with the Commission confirm that Mr. Snitker’s principal campaign committee received contributions or made expenditures in excess of $5,000, thus satisfying the Act’s definition of a “candidate.” See 2 U.S.C. § 431(2); 11 CFR 100.3(a). Accordingly, the LPF qualifies as a “political party” under the Act.

The Commission also determined that the LPF Constitution, Bylaws and Standing Rules establish specific responsibilities for the LPF’s officers and committees and, taken together, delineate activity commensurate with the day-to-day functions and operations of a political party on the state level, thus satisfying the second criterion. Because all three elements of the definition of “state committee” are satisfied, the Commission determined that the LPF qualifies as a state committee of a political party under the Act and Commission regulations.

AO 2010-13: Date issued: August 2, 2010; Length: 5 pages