Please note: The Republican Party of the State of Florida has enacted similar provisions to those proposed by the PDBOR subcommittee. Please visit our Florida Page for details.
Executive Summary (preliminary)
To trigger an FEC requirement to aggregate reporting, a 2-prong test is used.
Prong 1: 11 CFR 110.3(b)(3)
Prong 1 states that aggregate reporting is required between state and local parties unless both (1) and (2) are true.
(1) The political committee of the party unit in question has not received funds from any other political committee established, financed, maintained, or controlled by any party unit;
Therefore (1) is further broken into:
(A) the political party in question has not received funds from any other political committee
(B) and the other political committee may not have been established, financed, maintained or controlled by a common party unit.
(2) The political committee of the party unit in question does not make its contributions in cooperation, consultation or concert with, or at the request or suggestion of any other party unit or political committee established, financed, maintained, or controlled by another party unit.
Prong 2
Prong 2 is the Political Party test. The FEC definition of a Political Party is not the same as the MCFA definition.
Prong 2 states that aggregate reporting is only required when both organizations meet the definition of 'Political Party' using the FEC definition.
Analysis
2-prong Test Analysis to determine contribution aggregation requirements between state and local party committees. *AI Assisted
Quick Reference Guide to legal sources used in the 3-prong Test Analysis. *AI Assisted
Detail
The applicable FEC regulation appears to be 11 CFR 110.3(b)(3)
More particularly, it appears that as long as (1) no funds are exchanged see 11 CFR 110.3(b)(3)(i) and (2) there is no coordination in political contributions decisions see 11 CFR 110.3(b)(3)(ii), the organizations are considered to be separate from an FEC perspective.
AO 2023-07 considers the independence of Upshur County, WV Republican Party from the State Republican Party of WV. The FEC found that the County was independent of the State.
AO 1999-04 used the the Political Committee test in addition to the two pronged test of 11 CFR 110.3(b)(3) for determining if aggregation is necessary.
AO 1978-09 established the the Political Committee test.
Draft Request for an FEC AO to clear this amendment package.