AO 2016-24: Independence Party of Minnesota qualifies as state party committee

The Independence Party of Minnesota (IPM) qualifies as a state committee of a political party under the Federal Election Campaign Act (the Act).

Background

Under the Act and Commission regulations, a state committee of a political party is an organization that is part of the official party structure and is responsible for the day-to-day operation of the political party at the state level. 52 U.S.C. § 30101(15); 11 CFR 100.14(a). To qualify as a political party, an organization must nominate at least one federal candidate whose name appears on the ballot. 52 U.S.C. § 30101(16); 11 CFR 100.15.

The Commission determined IPM qualifies as a state committee. IPM has placed a number of individuals seeking federal office on the Minnesota general election ballots, including at least one in 2016 who was a “candidate” under the Act. The IPM’s Constitution establishes an official party structure and empowers its officials to govern the day-to-day affairs of the party at the state level.

Analysis

To qualify as a state committee of a political party, an organization not affiliated with a national political party must (1) itself qualify as a “political party;” (2) possess an official structure; and (3) be responsible for the day-to-day operation of a party at the state level. See Advisory Opinions (AOs) 2012-04 (Justice Party of Mississippi); 2008-12 (Independent Party of Oregon); and 2007-23 (Independence Party of New York).

Date Issued: 12/08/2016; 4 pages

Resources

• AO 2016-24 [PDF]
• Commission consideration of AO 2016-24 [mp3]