Advisory Opinion Request to the Federal Election Commission

Green Senatorial Campaign Committee
PO Box 8845, Minneapolis, MN  55408
612.720.8827
www.GreenSCC.org

November 17, 2006

Federal Election Commission
Office of General Counsel
999 E Street NW
Washington, DC  20463

Re:  Advisory Opinion Request
        For C00428664
        Green Senatorial Campaign Committee

Dear General Counsel and Members of the Federal Election Commission,

On June 18, 2006, the Green National Committee – the national committee of the Green Party of the United States (“GPUS”), as recognized under FEC Advisory Opinion 2001-13 – voted to establish a National Green Party Senatorial Campaign Committee.[1]  On July 23, 2006, the Green National Committee elected seven people to comprise this committee.[2]  On July 31, 2006, the committee met by teleconference, and began conducting business both on-line and via teleconference.  The committee chose “Green Senatorial Campaign Committee” (“GSCC”) as its working name.

On September 8, 2006, Committee Treasurer Dean Myerson filed the GSCC’s Statement of Organization with the Secretary of the Senate.

On October 27, 2006, Assistant Treasurer Eric Oines opened a checking account for the GSCC at State Farm Bank and deposited $1,452 in contributions, qualifying the GSCC as a “political committee” under the definition of 2 U.S.C. SS 431(4).

On September 20, 2006, the GSCC voted unanimously to seek recognition from the FEC as the national senate campaign committee of the Green Party.  This letter constitutes an Advisory Opinion Request seeking such recognition.

Included with this Advisory Opinion Request is an affidavit from Holly Hart, Secretary of the Green Party of the United States, on behalf of GPUS, supporting this AOR.

The Green Senatorial Campaign Committee requests that the Federal Election Commission find that the GSCC is indeed the national senate campaign committee of the Green Party, for purposes of 2 U.S.C. SS 434(e)(1) and SS 441a, and 11 C.F.R. SS 110.1(c), SS 110.2(c)(2)(iii), and SS 110.3(b), and that this committee is therefore eligible for the increased contribution limits to this committee under 11 C.F.R. SS 110.1(c) and 11 C.F.R. SS 110.2(c), the increased contribution limits by this committee to senate candidates under 11 C.F.R. SS 110.3(b)(2)(ii) and 11 C.F.R. SS 110.2(e), and the ability to engage in coordinated expenditures to benefit federal candidates under 2 U.S.C. SS 441a and 11 C.F.R. SS 109.32(b) and SS 109.33 under the coordinated expenditure limits allowed to GPUS and all state Green parties.

We contend that GPUS’ status as the national committee of the Green Party entitles it to form a House and Senate campaign committee, and that its recognition of a qualified federal committee as its House or Senate campaign committee should be sufficient to qualify that committee for House or Senate campaign committee status, and request the FEC’s Opinion regarding this contention.
 

Additionally, the GSCC has engaged in activity intended to meet the types of thresholds that have traditionally qualified committees for national committee status.

The committee proceeded to raise additional funds and send contributions to several of the senatorial candidates listed in this Advisory Opinion Request, including each of the candidates who has qualified as a “federal candidate” under the definition of 2 U.S.C. SS 431(2).[3]

The following eleven candidates were on the November 7, 2006 ballot as the U.S. Senate nominee of a state party affiliated with the Green Party of the United States, and each has submitted an affidavit in support of this Advisory Opinion Request:

Todd Chretien, Green Party of California
Ralph Ferrucci, Green Party of Connecticut
Kevin Zeese, Green Party of Maryland
David Sole, Green Party of Michigan
Michael Cavlan, Green Party of Minnesota
Lydia Lewis, Progressive Party of Missouri
Howie Hawkins, Green Party of New York State
Julian Hatch, Desert Green Party of Utah
Craig Hill, Green Party of Vermont
Aaron Dixon, Green Party of Washington State
Rae Vogeler, Green Party of Wisconsin

This list contains all 2006 U.S. Senate nominees who were on the ballot of a state party affiliated with GPUS.

Additionally, the following two U.S. Senate candidates have received the sole endorsement of the GPUS-affiliated party in their state, are on the ballot as Independents (with no statewide Green ballot line), and have submitted affidavits supporting this Advisory Opinion Request: 

Brian Moore, endorsee of the Green Party of Florida
Chris Lugo, endorsee of the Green Party of Tennessee

At least nine of these candidates have raised in excess of $5000, thus qualifying as federal candidates under the definition of 2 U.S.C. SS 431(2).

The contributions the GSCC made to these candidates were intended, in part, to support ballot access efforts, voter registration, voter identification, and getting out the vote, as detailed later in this letter, and in the various affidavits.

Additionally, seven past U.S. Senate nominees of state parties affiliated with GPUS, or its predecessor, the Association of State Green Parties, who have qualified as federal candidates and been on the ballot, have submitted affidavits supporting this AOR.[4]  They are:

            Jim Sykes, Green Party of Alaska (2004)
            David McReynolds, Green Party of New York State (2004)
            Teresa Keane, Pacific Green Party of Oregon (2004)
            Ted Glick, Green Party of New Jersey (2002)
            Medea Benjamin, Green Party of California (2000)
            Mark Dunau, Green Party of New York State (2000)
            Joel Kovel, Green Party of New York State (1998)

In AO 2001-13, the Commission considered 16 federal candidates in 8 states (in addition to the presidential and vice presidential candidates) over two federal election cycles, to be a sufficient number of candidates for GPUS to merit national committee status.  The number of current “federal candidate” affidavits included with this Advisory Opinion Request exceeds the number of states that were considered as sufficient federal campaign activity in AO 2001-13, and compares even more favorably to AO 2001-13 in percentage of states where there are applicable races, since only 33 states had senate races in 2006.  Furthermore, with 9 senate candidates in 33 races, the number of 2006 “federal candidate” affidavits included with this AOR compares very favorably to the percentage of applicable federal races the Commission considered to be sufficient federal campaign activity in any previous advisory opinion.

Additionally, the Chretien, Ferrucci, Zeese, and Hawkins campaigns have each conducted voter registration drives in their respective states, to register new voters and register them as “Green”.

All the candidates have engaged in voter identification and get-out-the-vote activity.

GSCC members Dave Jette and Brent White each volunteered many hours to help the Aaron Dixon campaign with ballot access petitioning, voter registration, voter identification, and getting out the vote.  GSCC member Eric Oines volunteered many hours to help the Michael Cavlan campaign with voter registration, voter identification, and getting out the vote.  GSCC member Roger Snyder volunteered many hours to help the Howie Hawkins campaign with ballot access petitioning, voter registration, voter identification, and getting out the vote. Committee members Dave Jette and Anita Wessling created our website at www.GreenSCC.org to support our Senate candidates.

Rae Vogeler’s 2% of the vote in Wisconsin qualified the Green Party of Wisconsin for ongoing ballot access.[5]

Also, note that AO 1980-131 mentions that newer parties may have national congressional campaign committees.

The Green Senatorial Campaign Committee has complied with the contribution and expenditure limits that apply to standard political committees, and limited its contributions solely to senatorial candidates. It will not attempt to use higher income or disbursement limits associated with a national party campaign committee until and unless it receives a positive response in an Advisory Opinion.

We request that if the Commission finds the activities of the GSCC to be insufficient for attaining the status of national Senate campaign committee, that the Commission lay out clear activity thresholds that would entitle a political committee such as ours to be granted such status.

We thank you for your consideration in this matter and look forward to providing any additional information you may need.

Sincerely,

Dean Myerson,
Treasurer, Green Senatorial Campaign Committee

Attachments:

affidavit from Holly Hart, Secretary, Green Party of the United States
affidavits from thirteen 2006 US Senate nominees and endorsees listed in this AOR
affidavits from seven previous US Senate nominees from GPUS/ASGP affiliates
GSCC Bylaws
Minutes of meeting where GSCC officers were elected
Minutes of meeting where the GSCC voted to submit the AOR

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