AO 2010-29: Working Families Party of Oregon qualifies as state party committee

The Working Families Party of Oregon (WFP OR) qualifies as a state committee of a political party under the Federal Election Campaign Act (the Act), even though it is not affiliated with a national political party. 

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).

When an organization is not affiliated  with a national political party, it must meet three requirements to achieve state party committee status under Commission regulations.

• First, the organization must itself qualify as a “political party.” Under the Act and Commission regulations a “political party” must nominate at least one candidate for federal office whose name appears on the ballot as the candidate of the association, committee, or organization. 2 U.S.C. § 431(16); 11 CFR 100.15.
• Second, the organization must possess an official party structure.
  
• Third, the organization must be  responsible for the day-to-day operations of a party at the state level. See 2 U.S.C. § 431(15); 11 CFR 100.14(a). See also AOs 2008-12 and 2007-23.

Analysis

WFP OR meets all three requirements,  and therefore qualifies as a state committee of a political party under the Act and Commission regulations.

First, the WFP OR qualifies as  a “political party” because it has nominated two federal candidates who appeared on the 2010 general election ballot in Oregon.

Second, the WFP OR bylaws  establish an official party structure, and the Oregon Secretary of State has determined that WFP OR qualifies for status as a minor political party under Oregon law.

Third, the WFP OR’s bylaws  clearly identify the role and responsibilities of the WFP OR, through its state committee, for the day-to-day functions and operations of the party at the state level. The WFP OR’s responsibility for the operations of the party at the state level is commensurate with the responsibility of other state party committees that the Commission has previously recognized. See, e.g., AOs 2010-22 (Working Families Party of Connecticut) and 2008-12 (Independent Party of Oregon).

AO 2010-29: Date issued: December 16, 2010;  Length: 5 pages.