Federal Election Commission Main Page
FEDERAL ELECTION COMMISSION
Washington, DC 20463
March 9, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ADVISORY OPINION 2007-02
Joe Cobb
Treasurer
Arizona Libertarian Party, Inc.
15031 S. 21st Place
Phoenix, AZ 85048
Dear Mr. Cobb:
We are responding to the inquiry regarding the status
of the Arizona Libertarian Party, Inc. (the "State Party"),
as a State party committee of a political party under the
Federal Election Campaign Act of 1971, as amended (the
"Act"), and Commission regulations. The Commission
concludes that the State Party qualifies as a State party
committee because: (1) the Libertarian Party qualifies as a
political party; (2) the State Party is part of the official
Libertarian Party structure; and (3) the State Party is
responsible for the day-to-day operation of the Libertarian
Party at the State level.
Background
The facts presented in this advisory opinion are based
on the letter received on January 9, 2007.
The State Party's articles of incorporation and
constitution ("State Party Constitution") and the State
Party's bylaws (the "State Party Bylaws") detail various
aspects of the organization of the State Party. They
illustrate how the State Party engages in various activities
in Arizona, including: ensuring the State Party has
continuing countywide and statewide ballot status,
recruiting Libertarians wishing to seek elective office,
registering voters as members of the State Party, and
educating the electorate on the virtues of Libertarian
principles.
The State Party placed two candidates for the House of
Representatives on the 2006 Arizona general election ballot.
These candidates were David Schlosser (1st District) and
David Nolan (8th District). These candidates were listed on
the ballots as candidates of the Libertarian Party.1
Since 1975, the Commission has recognized the
Libertarian National Committee as the national committee of
a political party.2 See Advisory Opinions 2002-14
(Libertarian National Committee); 1978-58 (Pyramid Freedom
Party); and 1975-129 (Libertarian National Committee). A
letter from Mr. Robert S. Kraus, Director of Operations of
the Libertarian National Committee, confirms the status of
the State Party as the Libertarian National Committee's
"sole affiliate" for the State of Arizona.
Question Presented
Does the State Party qualify as a State party committee
within the meaning of the Act and Commission regulations?
Legal Analysis and Conclusions
Yes, the State Party qualifies as a State committee of
a political party within the meaning of the Act and
Commission regulations.
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. A "State
committee" is 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 operation of
such political party at the State level, as determined by
the Commission. 2 U.S.C. 431(15); 11 CFR 100.14(a).
The first question in determining whether a political
committee is a State 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 2004-40 (Libertarian Party of Maryland)
and 2004-34 (Libertarian Party of Virginia). As noted
above, the Commission has previously determined that the
Libertarian Party qualifies as a political party and that
the Libertarian National Committee qualifies as the national
committee of the Libertarian Party. See Advisory Opinions
2002-14 (Libertarian National Committee); 1978-58 (Pyramid
Freedom Party); and 1975-129 (Libertarian National
Committee). The Commission is aware of no factual changes
that would alter those conclusions.
The second question in determining whether a political
committee is a State committee of a political party is
whether the requesting committee satisfies the remaining
elements of the definition of a "State committee" of a
political party. See Advisory Opinions 2004-40 (Libertarian
Party of Maryland) and 2004-34 (Libertarian Party of
Virginia). This determination consists of two inquiries:
(1) whether the organization is part of the official party
structure; and (2) whether the organization is responsible
for the day-to-day operations of the political party at the
State level, as determined by the Commission. See
2 U.S.C. 431(15) and 11 CFR 100.14.
In previous advisory opinions, the Commission has
addressed the first inquiry by requiring supporting
documentation from the national party indicating that the
State party is part of the official party structure. See,
e.g., Advisory Opinions 2004-40 (Libertarian Party of
Maryland) and 2004-34 (Libertarian Party of Virginia).
Here, a letter from Mr. Robert S. Kraus, Director of
Operations of the Libertarian National Committee, confirms
the status of the State Party as the Libertarian National
Committee's "sole affiliate" for the State of Arizona.3
With respect to the second inquiry, the Commission
determines whether an organization is responsible for the
day-to-day functions and operations of a political party at
the State level by considering: (1) whether the organization
has placed a Federal candidate on the ballot (thereby
qualifying as a "political party"); and (2) the bylaws or
other governing documents of the State party organization.4
See Advisory Opinions 2004-40 (Libertarian Party of
Maryland) and 2004-34 (Libertarian Party of Virginia).
A successful ballot access effort on behalf of a
Federal candidate is required because the requesting
organization's existence as a "political party" is necessary
for State committee status. A State party organization must
actually obtain ballot access for one or more Federal
candidates, as defined in the Act. See 2 USC 431(2) and
431(16), Advisory Opinions 2004-40 (Libertarian Party of
Maryland), 2004-34 (Libertarian Party of Virginia) and 2003-
27 (Missouri Green Party).
Two individuals identified in the request, Mr. David
Schlosser and Mr. David Nolan, received or expended funds in
excess of $5,000 in their 2006 campaigns, according to
disclosure reports filed with the Commission, and therefore,
both satisfy the Act's definition of a Federal "candidate."5
See 2 U.S.C. 431(2) and 11 CFR 100.3. The names of
Mr. Schlosser and Mr. Nolan appeared on 2006 ballots in
Arizona as House candidates of the State Party.
Accordingly, the State Party qualifies as a "political
party" under the Act.
As noted above, the State Party Constitution and State
Party Bylaws detail the organizational structure for the
State Party and establish specific responsibilities for
State Party officials. See State Party Constitution,
articles III, VI and IX; State Party Bylaws, paragraphs 1
through 6.6 The Party Constitution and Party Bylaws
delineate activity commensurate with the day-to-day
functions and operations of a political party on a State
level, are consistent with the State party rules reviewed in
previous situations where the Commission has recognized the
State committee status of a political organization, and
therefore satisfy the requirements of 2 U.S.C. 431(15) and
11 CFR 100.14. See Advisory Opinions 2004-40 (Libertarian
Party of Maryland) and 2004-34 (Libertarian Party of
Virginia).
Because all elements of the definition of "State
committee" have been satisfied, the Commission determines
that the Arizona Libertarian Party qualifies as a State
committee of a political party under the Act and Commission
regulations.
This response constitutes an advisory opinion
concerning the application of the Act and Commission
regulations to the specific transaction or activity set
forth in the 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 requester may not rely on that conclusion as
support for its proposed activity. Most of the cited
advisory opinions are available on the Commission's website
at www.fec.gov.
Sincerely,
(signed)
Robert D. Lenhard
Chairman
_______________________________
1 The listings for David Schlosser and David Nolan appear on
the Arizona Secretary of State's website at:
http://www.azsos.gov/election/2006/general/fulllisting.htm
(last visited Feb. 26, 2007).
2 The Libertarian National Committee is the governing body
of the Libertarian Party at the national level when the
national convention is not in session. See
http://www.lp.org/organization/bylaws.shtml (last visited
Feb. 26, 2007).
3 This document is included in the Advisory Opinion Request,
which is available at http://saos.nictusa.com/saos/searchao
(last visited Mar. 9, 2007).
4 Where appropriate, the Commission may also consider the
operation of State law in making these determinations. See
11 CFR 100.14(a).
5 Disclosure reports for Mr. Schlosser and Mr. Nolan appear
on the Commission's website at http://images.nictusa.com/cgi-
bin/fecimg/?C00424911 and http://images.nictusa.com/cgi-
bin/fecimg/?C00426734 (last visited Feb. 26, 2007),
respectively.
6 These documents are included in the Advisory Opinion
Request, which is available at
http://saos.nictusa.com/saos/searchao (last visited Mar. 9,
2007).