Federal Election Commission Main Page
FEDERAL ELECTION COMMISSION
Washington, DC 20463
February 9, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ADVISORY OPINION 2006-36
Dean Myerson, Treasurer
Green Senatorial Campaign Committee
P.O. Box 8845
Minneapolis, MN 55408
Dear Mr. Myerson:
We are responding to your advisory opinion request on
behalf of the Green Senatorial Campaign Committee (the
"GSCC"), concerning the application of the Federal Election
Campaign Act of 1971, as amended (the "Act"), and Commission
regulations to the GSCC's potential status as the national
senatorial campaign committee of the Green Party of the
United States (the "Green Party").
The Commission concludes that the GSCC qualifies as the
national senatorial campaign committee of the Green Party.
As such, the GSCC may make contributions to senatorial
candidates in conjunction with the National Committee of the
Green Party ("GNC"); may make contributions to other
candidates and political committees; may make coordinated
party expenditures if the GNC or a State committee of the
Green Party assigns to the GSCC its rights to do so; and is
required to file reports with the Commission on a monthly
basis.
Background
The facts presented in this advisory opinion are based
on your letter received on November 20, 2006, as supplemented
by your November 30, 2006, submission.
The GSCC is a political committee that was established
by the GNC by resolution dated June 18, 2006, as the
senatorial campaign committee of the Green Party, to promote
and support ballot access drives and the campaigns of Green
Party candidates for the U.S.
Senate, as well as to support other party building
activities. In July 2006, the GNC named seven individuals to
comprise the GSCC. The GSCC met by teleconference and began
conducting business soon thereafter. Under the GSCC bylaws,
an individual elected to the U.S. Senate on the Green Party
ticket will automatically become a member of the GSCC.1
The GSCC filed its Statement of Organization with the
Commission on
September 8, 2006, and opened a bank account, into which it
deposited over $1,000 in contributions, in October 2006. The
GSCC maintains offices in Minneapolis, Minnesota.
In the 2006 elections, the Green Party's State
affiliates placed eleven individuals on the ballot for the
U.S. Senate in eleven States,2 at least seven of whom
qualified as "candidates" under 2 U.S.C. 431(2) and 11 CFR
100.3(a). Two additional individuals running for the U.S.
Senate received the sole endorsement of State parties
affiliated with the Green Party in their States, but appeared
on the ballot only as Independents, not as Green Party
candidates. All of these individuals submitted affidavits
supporting the GSCC's advisory opinion request.
The GSCC raised funds and made contributions to the 2006
Green Party candidates for Senate, in part, to support ballot
access, voter registration, voter identification, and get-out-
the-vote activities for the purpose of party building.
Members of the GSCC also participated in party building
activities in three States where Green Party candidates were
running for the Senate. Further, four of the Green Party
candidates conducted voter registration drives in their
respective States to "register [new voters] as `Green,'" and
all eleven Green Party candidates engaged in voter
identification and get-out-the-vote activities. GSCC
maintains a website to support its candidates and to
publicize the GSCC's policy priorities, at www.GreenSCC.org.
Additionally, the Green Party placed seven candidates
for the U.S. Senate on the ballot between 1998 and 2004 in
five different States.3 Each of these candidates also
submitted an affidavit supporting the GSCC's advisory opinion
request.
Questions Presented
1. Is the GSCC the national senatorial campaign committee
of the Green Party?
If the answer to Question 1 is "yes":
2. What are the amount limits for contributions made and
received by the GSCC?
3. May the GSCC make coordinated party expenditures?
4. What reporting requirements apply to the GSCC?
Legal Analysis and Conclusions
1. Is the GSCC the national senatorial campaign committee
of the Green Party?
Yes, the Commission recognizes the GSCC as the national
senatorial campaign committee of the Green Party.
A "party committee" is a political committee that
represents a political party and is part of the official
party structure at the national, State, or local level. 2
U.S.C. 431(4);
11 CFR 100.5(e)(4). A "national committee" is "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); 11 CFR 100.13. A senatorial
campaign committee is one type of national party committee.
Your request that the Commission recognize the national
senatorial campaign committee of a political party is one of
first impression for the Commission. As noted, "national
committee" status is to be "determined by the Commission." 2
U.S.C. 431(14). The Democratic and Republican parties are
the only political parties that currently have senatorial
campaign committees. Both the Democratic Senatorial Campaign
Committee and the National Republican Senatorial Committee
predate the Act and the Commission, and are specifically
referenced in the Act. See 2 U.S.C. 441a(h). The Commission
understands this reference - which dates to 1976 - to simply
reflect the political state of affairs at the time the Act
was written, and discerns no congressional intent to prohibit
other bona fide national parties from establishing and
maintaining senatorial campaign committees.
The Commission has previously made determinations as to
whether a political committee of a political party qualified
as the national committee of the political party.4
Accordingly, the Commission employs the analysis that it used
previously in making those determinations, with a slight
modification to take into account the GSCC's sole focus on
electing U.S. Senate candidates.
The first question in determining whether a political
committee is a national committee of a political party is
whether the party itself qualifies as a "political party"
under the Act and Commission regulations. See, e.g.,
Advisory Opinions 2001-13 (Green Party) and 1998-2 (Reform
Party of the United States of America). The Commission has
previously determined that the Green Party qualifies as a
political party and that the GNC qualifies as the national
committee of the Green Party. See Advisory Opinion 2001-13.
The Commission is aware of no factual changes that would
alter that conclusion.
The second question is whether the committee in question
has demonstrated sufficient activity on a national level to
attain national committee status. See, e.g., Advisory
Opinions 2001-13 and 1998-2. "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." Advisory Opinion 2001-13.
The GSCC has participated in and supported party
building activities, such as voter identification and
registration, and get-out-the-vote activities, in a number of
States. It established a national office in Minnesota, held
meetings, opened a bank account, and maintains a website to
publicize issues of importance to the Green Party and to
support its candidates.
"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." Id. The Commission
has recognized the national party committee status of only
those committees whose activities were broadly focused - such
as on multiple races or offices in more than one State or
geographical area. See Advisory Opinions 2001-13
(recognizing national committee status of Green Party in part
because "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"); 1998-2 (recognizing
national committee status of Reform Party in part because "16
individuals in 8 States, in several different sections of the
nation, qualified as candidates under the Act and achieved
ballot access in 1996 as Reform Party Congressional
candidates"); 1995-16 (recognizing national committee status
of U.S. Taxpayer's Party in part because "[i]n the 1994
election cycle, the Party achieved ballot access for fourteen
candidates in six states, which are located in several
different sections of the nation"); 1992-30 (recognizing
national committee status of Natural Law Party in part
because party documentation stated that "31
Party candidates to the U.S. Congress are on the ballot in 14
states").5 Further, individuals running for Federal office
on the party's ticket must qualify as candidates under the
Act and Commission regulations. See, e.g., Advisory Opinion
1996-35 (Greens/Green Party USA). See also 2 U.S.C. 431(2);
11 CFR 100.3(a).
In this instance, because the GSCC's purpose is to
promote and support the ballot access drives of its
candidates, and to elect those candidates to the U.S. Senate,
we examine the scope of those efforts. Eleven individuals
ran on the Green Party's ticket6 (at least seven of whom
qualified as candidates under the Act and Commission
regulations) on ballots in the 2006 U.S. Senate races in
eleven States across the nation. See supra fn 2. Bearing in
mind that the GSCC's mission involved a maximum of only 33
U.S. Senate races in 2006, these figures compare very
favorably to those considered in Advisory Opinions 2001-13
and 1998-2, both of which considered a national party's
success in placing candidates on ballots for all Federal
races (President and Vice President, 33 Senate races, and 435
House of Representative races). Thus, the GSCC has
demonstrated the requisite ability to gain ballot access in a
number of States in different geographic areas.
Considering all of the factors together, the Commission
concludes that the GSCC has undertaken sufficient activity to
qualify as a national committee of a political party, and
specifically, as the national senatorial campaign committee
of the Green Party.
2. What are the amount limits for contributions made and
received by the GSCC?
A. Contributions Made by the GSCC
The Act permits the "Republican or Democratic Senatorial
Campaign Committee, or the national committee of a political
party, or any combination of such committees," to make
contributions not exceeding $39,900 for the 2007-2008
election cycle to candidates for the U.S. Senate during a six-
year election cycle. 2 U.S.C. 441a(h); see also 11 CFR
110.2(e)(1).
To read this provision to provide the national committee
of any political party other than the Republican party or the
Democratic party with the entire limit for contributions to
that party's senatorial candidates, regardless of whether
that political party also had a senatorial campaign
committee, would be inconsistent with the Commission's
understanding of congressional intent. Instead, because we
find no congressional intent to prohibit the formation and
recognition of other party's senatorial campaign committees,
and because the GSCC is engaging in activity materially
indistinguishable from that of the established senatorial
campaign committees (the National Republican Senatorial
Committee and the Democratic Senatorial Campaign Committee),
we interpret 2 U.S.C. 441a(h) to permit the GSCC and the GNC
to share the contribution limit to Senate candidates.
Once the GSCC has qualified and registered with the
Commission as a multicandidate political committee under 2
U.S.C. 441a(a)(4) and 11 CFR 100.5(e)(3) and 102.2(a)(3), the
GSCC may contribute up to $5,000 per election to Federal
candidates other than Senate candidates, and up to $5,000 per
calendar year to any other political committee.7 See 2
U.S.C. 441a(a)(2)(A) and (C); 11 CFR 110.2(b)(1) and
110.2(d).
B. Contributions Received by the GSCC
As a national committee of a political party, the GSCC
may receive up to $28,500 per calendar year during 2007 and
2008 from individuals and persons other than multicandidate
political committees, and up to $15,000 per calendar year
from multicandidate political committees. See 2 U.S.C.
441a(a)(1)(B) and 441a(a)(2)(B);
11 CFR 110.1(c)(1) and 110.2(c)(1). These limits are
separate and distinct from the limits that apply to
contributions to the GNC. See 11 CFR 110.3(b)(2)(ii).
3. May the GSCC make coordinated party expenditures?
Yes, the GSCC may make coordinated party expenditures,
but only if the GNC or a State committee of the Green Party
assigns to the GSCC the authority to do so. See
11 CFR 109.33.
National and State committees of political parties may
make coordinated party expenditures in connection with the
general election campaigns of Federal candidates. See 2
U.S.C. 441a(d); 11 CFR 109.30.8 Coordinated party
expenditures are in addition to contributions that national
and State party committees may give to their candidates.
The national committee of a political party and any State
committee of a political party may assign their coordinated
party expenditure authority to another political party
committee.9 See 11 CFR 109.33. Accordingly, the GSCC may
make coordinated party expenditures only if the GNC, as the
national committee of the Green Party, or a State committee
of the Green Party, assigns to the GSCC its authority to do
so. Any such assignment must be in writing, stating the
dollar amount of the authority assigned. See
11 CFR 109.33(a). The GSCC must receive the written
assignment before it makes any coordinated party
expenditures. Id.
4. What reporting requirements apply to the GSCC?
As a national party committee, the GSCC is required to
report its receipts and disbursements on a monthly basis.
See 2 U.S.C 434(e)(1); 11 CFR 104.5(c)(4) and 105.2. The
Commission notes that as of its report covering October 2006,
the GSCC is already filing monthly. Further, as a political
committee, the GSCC is subject to the other reporting and
filing requirements of 2 U.S.C. 434 and 11 CFR Part 104, as
applicable.
This response constitutes an advisory opinion concerning
the application of the Act and Commission regulations to the
specific transaction or activity set forth in your request.
See 2 U.S.C. 437f. The Commission emphasizes that, if there
is a change in any of the facts or assumptions presented, and
such facts or assumptions are material to a conclusion
presented in this advisory opinion, then the requestor may
not rely on that conclusion as support for its proposed
activity.
All cited advisory opinions are available on the
Commission's website at www.fec.gov.
Sincerely,
(signed)
Robert D. Lenhard
Chairman
_______________________________
1 This is consistent with the operation of the National
Republican Senatorial Committee and the Democratic
Senatorial Campaign Committee.
2 Those States are California, Connecticut, Maryland,
Michigan, Minnesota, Missouri, New York, Utah, Vermont,
Washington, and Wisconsin.
3 Those states are Alaska, California, New York (candidates
in 1998, 2000, and 2004), New Jersey, and Oregon.
4 See, e.g., Advisory Opinions 2001-13 (Green Party) and
1996-35 (Greens/Green Party USA), 1998-2 (Reform Party of
the United States of America), 1995-16 and 1992-44 (U.S.
Taxpayers Party), 1992-30 (Natural Law Party of the United
States of America), and 1988-45 (Populist Party of America).
5 "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) . . . ." Advisory Opinion 2001-13 fn 6.
See Advisory Opinions 1996-35 (denying national committee
status to Green Party in part because "in the 1996 general
election, the Party had achieved ballot access in only five
states for only eight of its candidates seeking election to
the U.S. House or Senate"); 1992-44 (denying national
committee status to U.S. Taxpayer Party in part because "in
the 1992 general election, the U.S. Taxpayer Party had
achieved ballot access in only three states for candidates
seeking election to the U.S. Congress or Senate"); 1988-45
(denying national committee status to Populist Party of
America in part because "[o]utside of the appearance of the
Populist Party presidential and vice presidential candidates
on twelve state ballots, there were no Populist Party
candidates for Federal office on the ballot in any state but
Pennsylvania where there was one Senate candidate and a
House candidate in four of the state's twenty-three
Congressional Districts"); 1980-131 (National Unity Campaign
for John Anderson) (denying national committee status to
National Unity Campaign for John Anderson in part because it
"only supported John Anderson's campaign for President and
that of his vice presidential running mate, Patrick Lucey");
and 1978-58 (Pyramid Freedom Party) (denying national
committee status to Pyramid Freedom Party in part because it
was "a one candidate party which intends to make
expenditures on behalf of . . . a candidate for President").
6 The two Senate candidates mentioned in your request who
were endorsed by the Green Party but who were designated on
the ballot only as "Independent," with no mention of the
Green Party, did not qualify as Green Party candidates for
purposes of this analysis. Compare this situation with that
presented in Advisory Opinion 1998-2, in which the
Commission determined that candidates "identified on the
ballot with a designation of the national party or its
affiliate that is requesting national committee status" and
as "Independent" would be considered candidates of the
party requesting national committee status, for ballot
access purposes.
7 Prior to qualifying and registering as a multicandidate
committee, the GSCC's contribution limits to non-senatorial
candidates would be $2,300 per election in the 2007-2008
election cycle and $5,000 per calendar year to other
political committees. See 2 U.S.C. 441a(a)(1)(A) and 11 CFR
110.1(b).
8 Coordinated party expenditure limits in connection with
the general election campaigns of House and Senate
candidates vary by State. See 2 U.S.C. 441a(d)(3); 11 CFR
109.32(b)(2). The limits for calendar year 2007, indexed
for inflation, are available on the Commission's website,
www.fec.gov.
9 See FEC v. DSCC, 454 U.S. 27 (1981) (senatorial campaign
committees do not have the authority to make coordinated
party expenditures under 2 U.S.C. 441a(d) unless they act as
agents for the national or a State party committee).