ADVISORY OPINIONJ REQUEST (AOR) SEEKING RECOGNITION OF THE COORDINATING COMMITTEE OF THE GREEN PARTY OF THE UNITED STATES As THE NATIONAL COMMITTEE OF THE GREEN PARTY SUBMITTED AUGUST 9,2001 BY THE COORDINATING COMMITTEE AND STEERING COMMITTEE OF THE GREEN PARTY OF THE UNJTED STATES Prepared By: Thomas Alan Linxcy, Esq. Special ('oun.se! to the d/vi'/i Parly of the United .S' David Cobb, Esq. Legal Advi.wr to the Green Party of the United States THOMAS ALAN LINZEY, ESQ. Special Counsel to the Green Party of the United States DAVID COBB, ESQ. LEGAL ADVISOR TO THE GREEN PARTY OF THE UNITED STATES August 9,2001 Mr. Danny L. McDonald, Chairman Ms. Lois Lerner, Acting General Counsel Federal Election Commission 999 E Street, NW Washington, D.C. 20463 Dear Chairman McDonald and Acting General Counsel Lerner, The Green Party of the United States, through this submission, formally requests an Advisory Opinion from the Federal Election Commission (FEC) concerning recognition of the Coordinating Committee" of the Green Party of the United States as the National Committee of the Green Party. • The Green Parry of the United States is the natural outgrowth of the Association of State Green Parties (ASGP). The Association, 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 of this year, the Association voted to formally become the Green Party of the United States and to seek recogni- tion of the Party's Coordinating Committee as its National Committee. In 2000, the Association mounted a national presidential campaign with Ralph Nader as our candidate for president and Winona LaDuke as our candidate for Vice-President. Our candidates appeared on the ballots of forty-six (46) States and garnered close to 3% of the overall national vote. • • Federal law defines a National Committee as an organization which, by virtue of the bylaws of a polit- ical party, is responsible for the day-to-day operation of the party at the national level, as determined by the Commission. See 11 CFR 100.13. Several criteria have been applied by the Commission to determine whether the Committee has demonstrated sufficient national-level activity to qualify as a National Committee. Those criteria require that (1) the Party must have a sufficient number of party-designated federal can- didates on the ballot in a sufficient number of states and that the party's ballot access efforts extend beyond the Presidential race to races for the U.S. Congress. See Advisory Opinion 1988-45 and Advisory Opinion 1980- 131; (2) the Committee must conduct activities, such as voter registration drives, on an ongoing basis - rather than with respect to a particular election. See Advisor)' Opinion 1992-30; (3) the Committee must publicize, on a national basis, issues of importance to the party and its adherents. See, e.g., Advisory Opinion 1992-44; and (4) the Party must satisfy other criteria, which may include the holding of a national convention, the establish- ment of national headquarters, and the establishment of state party committees. See, e.g.. Advisory Opinion 1992-30. Since its formation in November of 1996, the Association of State Green Parties" Coordinating Com- mittee - and its member Slate 1'arties - have met or exceeded each of these requirements for National Commit- tee recognition. In July, the Association's State Party members unanimously resolved to evolve into the Green Party of the United Slates and file this Advisory Opinion Request (AOR). The supplements and attachments to this filing are intended as evidence that each of the criteria necessary for Committee recognition have been sat- isfied. It should also be noted that an organization named "The Greens/Green Party USA" previously filed for National Committee status on August 2,1996. See AOR 1996-35. That filing resulted in a determination by the Commission that "The Greens/Green Party USA" did not satisfy the criteria for National Committee status. We thank you for your prompt review of the materials provided in support of this request for an Advisory Opinion concerning the status of the Coordinating Committee of the Green Party of the United States as a National Committee. Any questions concerning this submission should be directed to the attorneys listed below. Thomas Alan Linzey, Esq. Special Counsel, Green Party of the United States 28S9 Scotland Road Chambersburg, Pennsylvania 17201 (717)709-0457 tJavid Cobb, EsqT Senior Legal Advisor, Green Party of the United States 8 18 West 3 1st Street Houston, Texas 77018 (713)880-3219 Green Party of the United States Advisory Opinion Request (AOR) Submitted August 9,2001 Executive Summary To attain recognition as a National Committee of a political party, the Federal Election Commission has' established the following qualifications: (1) The Party must have a sufficient number of party-designated federal candidates on the ballot in a sufficient number of states and the party's ballot access efforts must extend beyond the Presidential race to races for the U.S. Congress. See Advisory Opinion 1988-45 and Advisory Opinion 1980-131; (2) The Committee must conduct activities, such as voter registration drives, on an ongoing basis - rather than with respect to a particular election. See Advisory Opinion 1992-30; (3) The Committee must publicize, on a national basis, issues of importance to the party and its adherents. See, e.g., Advisory Opinion 1992-44; and ...... (4) The Party must satisfy other criteria, which may include the holding of a national convention, the establishment of national headquarters, and the establishment of state party committees. See, e.g., Advisory Opinion 1992-30. The sections that follow will address each of these criteria. Each section refers to accompanying, supporting attachments which have been appended to this Advisory Opinion Request and are identified as Exhibits. I. The History of the Association of State Green Parties (ASGP) and the Evolution of the Green Party of the United States The Association of State Green Parties (ASGP) was created in November of 1996 at a gathering held at Glcn- Ora Farm in Middleburg, Virginia. The meeting, hosted by the Green Party of Connecticut and the Green Party of Maine, was held to form an Association which would evolve into the national Green Party in the United States. The foundation for the formation of the Association was the State Green Panics which had actively participated in the Ralph Nader/Winona LaDuke 1996 presidential campaign effort. Participants at the Middleburg meeting included individuals from thirty states which had been active in that effort. At the conclusion of that gathering, a formal decision by the participants was made to form the "Association of State Green Parties" and nine State Party representatives (which had been granted the authority to do so by their State Party) formally joined the Association on behalf of their respective states at the conclusion of the gathering. The mission of the Association, as determined by its members, was (1) to assist in the development of State Green Parties and (2) to create a legally structured national Green Party. At the original meeting, a provisional set of Bylaws to govern the internal operation of the organization were drafted and adopted by the attendees. Under those Bylaws, the Association's voting membership consisted of two elected representatives to the Association from each member Slate. That body, the "Coordinating Committee" was empowered with the main decisionmnking authority for the Association. The Coordinating Committee, in turn, authorized the annual election of a five member Steering Committee, which consisted of a Treasurer, Secretary, and three Co-Chairpersons. A set of the current Bylaws are attached to this Advisory Opinion Request [Sec Kxhibit One]. • Later, standing committees were also formed to address ongoing and important issues. Those standing committees, with their convenors, arc: 1. The Transition Committee (Rick Lass, Green Party of New Mexico); 2. The Media Committee (Nancy Allen, Maine Green Independent Party and Scott McClarty, D.C. Statehood Green Party); 3. The Bylaws Committee (Tom Sevigny, Green Party of Connecticut); 4. The Diversity Committee (Amy Mondloch, Green Party of Wisconsin); 5. The Finance/Fundraising Committee (Robbie Franklin, Green Party of Texas); 6. The International Committee (Anne Goeke, Pennsylvania Green Party and John Rensenbrink; Maine Green Independent Party); 7. The Platform Committee (Steven Schmidt, Green Party of Florida); 8. The Accreditation Committee (Tony Affigne, Green Party of Rhode Island); 9. The Communications Committee (Karin Norton, Green Party of Connecticut and Nathalie Paravicini, Green Party ofTexas). Membership on each Committee is open to Green Party members in all states. State Party membership in the Association of State Green Parties has risen from the original membership of nine State Parties to a membership of thirty-three State Parties. Each member State Party originally affiliated itself with the Association. Upon the evolution of the Association into the Green Party of the United States, those State Parties filed new affiliation agreements with the Party. Those Affiliation Agreements are appended to this Advisory Opinion Request [See Exhibit Two]. Due to the necessity of adopting new affiliation agreements via regular meetings of the .. State Green Party governing councils, and the recent evolution of the