Federal Election Commission Main Page
November 8, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ADVISORY OPINION 2001-13
Thomas Alan Linzey, Special Counsel
Green Party of the United States
2859 Scotland Road
Chambersburg, Pennsylvania
David Cobb, Senior Counsel
Green Party of the United States
818 West 31st Street
Houston, Texas 77018
Dear Mr. Linzey and Mr. Cobb:
This refers to your letter dated August 9, 2001, and
later supplements, requesting an advisory opinion regarding
whether the coordinating committee of the Green Party of the
United States (the "National Green Party" or "Party") is a
"national committee" of a political party for purposes of
the Federal Election Campaign Act of 1971, as amended ("the
Act"), and Commission regulations.1
FACTUAL BACKGROUND
You state that the Green Party of the United States is
the natural outgrowth of the Association of State Green
parties (the "ASGP"). You explain that the ASGP, formed
shortly after the 1996 Presidential campaign, was intended
to be the vehicle through which State Green parties in the
United States would form a national Green Party. At the end
of July 2001, the ASGP voted to formally become the Green
Party of the United States and to seek recognition of the
Party's Coordinating Committee as its National Committee.2
In 2000, the ASGP mounted a Presidential campaign in the
United States with Ralph Nader as its Presidential candidate
and Winona LaDuke as the ASGP's candidate for Vice-
President.3 You state that these candidates appeared on the
ballots of 46 States and garnered close to 3% of the overall
national vote. During 2000, various State Green parties
affiliated with the ASGP also obtained ballot access for
candidates for other Federal, State and local offices.
Following the ASGP's 2000 Presidential nominating convention
and the 2000 general election, the ASGP established
temporary offices in Washington, D.C. and Boulder, Colorado.
Besides the involvement of the National Green Party in
electoral contests, you cite various other elements of party
building activity to support a claim to national committee
status. Among these elements are: significant voter
registration and get-out-the-vote activities,4 the
dissemination of Party information through print
publications and electronic resources.5
The term "national committee" is defined by the Act 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 national level, as determined by the
Commission." 2 U.S.C. 431(14). See also 11 CFR 100.13.
The term "political party" is defined by the Act "as 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).
Therefore, to determine whether the Green Party of the
United States is eligible for national committee status, the
Commission must first determine whether the Party qualifies
as a "political party" under the Act. As indicated above,
to qualify as a political party, the party organization must
obtain ballot access for its Federal candidates, as defined
in the Act. The Commission notes that in the 2000
elections, Mr. Nader and
Ms. LaDuke achieved ballot access and qualified as
candidates under the Act. See Advisory Opinions 2001-6 and
2000-18. In addition, from 1998 to 2001, 16 other Party
candidates for Federal office also achieved ballot access
and filed reports indicating that each of their campaigns
received or expended in excess of $5,000. Accordingly, each
of them qualified as a candidate under 2 U.S.C. 431(2). On
this basis, the Commission concludes that the Green Party of
the United States would be a political party for purposes of
the Act. See Advisory Opinions 1998-2, 1996-35, 1995-16,
1992-44 and 1992-30.
The Commission has applied a number of criteria to
determine whether a political party or its committees have
demonstrated sufficient activity on a national level to
attain national committee status. A party committee
demonstrates that it operates at the national level by the
nomination of candidates for various Federal offices in
numerous States; by engaging in certain activities on an
ongoing basis (rather than with respect to a particular
election) such as supporting voter registration and get-out-
the-vote drives; and by publicizing issues of importance to
the party and its adherents throughout the nation. Other
indicia include the holding of a national convention, the
establishment of a national office and the establishment of
State affiliates. See Advisory Opinions 1998-2, 1996-35,
1995-16, 1992-44, and 1992-30.6
An examination of the submitted documents and
information indicates that while some of the Party's
projects are still in the planning stage or, although
planned, have yet to occur, the Party has already undertaken
significant party building activity of a national scope.
The various party registration and get-out-the vote-
activities, the holding of a national convention in 2000, as
well as efforts to publicize the Party's positions, indicate
that the Green Party of the United States is engaging in
activity comparable to other national party committees. See
Advisory Opinions 1998-2, 1995-16 and 1992-30.
However, the most important element in determining
whether a party committee operates at the national level is
the degree to which its successful ballot access efforts
extend beyond the Presidential and Vice-Presidential level
to other Federal races as well. See Advisory Opinions 1998-
2, 1996-35, 1995-16, 1992-44 and 1992-30. Commission
records and other information from public sources, indicate
that from 1998 to 2001, 16 individuals in 8 States, in
several different sections of the nation, qualified as
candidates under the Act and achieved ballot access, as
Green Party Congressional candidates.7 These results
compare favorably with other recent national committee
situations.8 Considering these factors together, the
Commission concludes that through the functions of its
coordinating committee, the Green Party of the United States
has manifested sufficient activity to qualify as the
national committee of a political party for purposes of the
Act and Commission regulations.
This determination of national committee status is
applicable with
regard to the contribution limitations of 2 U.S.C. 441a and
the national party expenditures of 2 U.S.C. 441a(d). Since
no specific transaction or activity relating to Chapters 95
or 96 of the Internal Revenue Code of 1954 is presented,
this opinion does not reach any issues as to the future
eligibility of the Presidential candidates of the Green
Party to receive Federal matching funds under 26 U.S.C.
9031-9042 for use in the primary elections, or as to any
future entitlement to general election funding under
26 U.S.C. 9001-9012. Similarly, this opinion does not
reach the issue of any future entitlement of the Green Party
of the United States to receive convention financing under
26 U.S.C. 9008.9 Those issues would be addressed in the
event that the national committee and its Presidential
candidates apply for Federal funding pursuant to the
procedures in the Commission regulations. 11 CFR Parts
9003, 9008 and 9033.
This response constitutes an advisory opinion
concerning the application of the Act, or regulations
prescribed by the Commission, to the specific transaction or
activity set forth in your request. See 2 U.S.C. 437f.
Sincerely,
(signed)
Danny L. McDonald
Chairman
Enclosures (AOs 2001-6, 2000-18, 1999-26, 1998-27, 1998-23,
1998-2, 1997-29,
1996- 35, 1995-16, 1992-44, 1992-30, 1988-45, 1980-
131, 1978-58,
and 1976-95)
_______________________________
1 According to the Party Bylaws, included with your request,
the coordinating committee of the National Green Party is
"the final decision making body of the Green Party." Party
Bylaws, Article II, section 2. It is composed of
representatives from the State parties and caucuses of under-
represented groups. Id.
2 There are two national organizations within the Green
political movement, the Association of State Green Parties
(now known as the Green Party of the United States) and the
Greens/Green Party USA. In Advisory Opinion 1996-35, the
Commission determined that Greens/Green Party USA did not
qualify as the national committee of a political party, in
part, because Mr. Nader, its 1996 Presidential candidate,
did not qualify as a candidate under the Act and Commission
regulations. Following the 1996 election and the failure of
Greens/Green Party USA to qualify as a national committee of
a political party, eleven State party organizations met at
Middleburg, Virginia to create the Association of State
Green Parties. The ASGP eventually grew to have 33 State
party affiliate members before the filing of this request.
3 On June 24 and 25, 2000, the ASGP hosted a national
nominating convention at Denver, Colorado, to nominate the
Party's Presidential and Vice-Presidential candidates. See
Advisory Opinion 2000-18.
4 As an example, you cite the efforts in Colorado,
California, Nevada, and New Mexico where, from 1996 to 2000,
the party's voter registration greatly increased party
membership in these States from the 1996 membership numbers.
The increase in membership numbers was, for example, 45% in
California and 15,577% in Nevada.
5 You state that the Party manages an Internet website
(www.greenpartyus.org) that contains, among other
information, news releases and an online version of Green
Pages (the official publication of the Green Party of the
United States). In a phone conversation with Commission
staff, Mr. Linzey, co-counsel for the requester, explained
that while the National Green Party plans to establish a
Federal committee, it will wait until the Commission acts on
the current advisory opinion request before doing so.
Several affiliated State parties maintain political
committees that have registered and reported with the
Commission.
6 In previous advisory opinions, the Commission concluded
that a committee or political party did not qualify for
national committee status if its activity was focused solely
on the Presidential and Vice-Presidential election (Advisory
Opinions 1980-131 and 1978-58), or if it was limited to one
State (Advisory Opinion 1976-95), or if it had only very few
Federal candidates on State ballots (Advisory Opinions 1992-
44 and 1988-45), or if its Presidential candidate or other
candidates did not qualify as candidates as defined in the
Act and Commission regulations (Advisory Opinions 1997-29
and 1996-35).
7 The eight States are Colorado, California, Pennsylvania,
Michigan, New Jersey, Nevada, New Mexico, and New York.
Affidavits of support have been provided by all these
candidates as well as copies of affiliation agreements with
the local State parties and the ASGP. Your request
indicates that an additional two candidates, in two
additional States, achieved ballot access. However, while
these did qualify as candidates under 2 U.S.C. 431(2), they
did so under State parties that were not formally affiliated
with the Association of State Green Parties at they time
they were candidates (or thereafter). Your request also
includes affidavits of support from 13 other Federal
candidates, but these individuals did not qualify as
candidates under 2 U.S.C. 431(2).
The Commission notes that while most of the candidates
(12 of the 16) and the representative States (6 of the 8)
are from 2000, the Green Party has included candidates from
1998 and 2001. In several past advisory opinions concerning
recognition of State committee status, the Commission has
permitted a political party to use candidates from recent
past election years to qualify for that status. See
Advisory Opinions 1999-26, 1998-27 and 1998-23. The
Commission finds it is likewise appropriate to do so for
political party parties seeking national committee status,
especially where, as is the situation of the Green Party of
the United States, there is an active organization whose
history spans several different election cycles.
8 For example, the Commission granted national committee
status to the Reform Party in Advisory Opinion 1998-2, where
the Party had also achieved ballot access for 16
Congressional candidates in 8 States.
In Advisory Opinion 1995-16, the Commission granted national
committee status to the United States Taxpayers Party, which
had achieved ballot status for 14 candidates in 6 States.
The 1995 opinion was prior to Advisory Opinion 1996-35,
which added the additional requirement that such candidates
must also qualify as candidates under the Act.
9 For example, while under 26 U.S.C. 9008(b) the existence
of a national committee of a political party is one
requirement in eligibility for convention funding, there are
other requirements as well. See 26 U.S.C. 9008(b)(2) and
9002(7).