FEDERAL ELECTION COMMISSION WASHINGTON,D.C.

 

November 16, 2023 

ADVISORY OPINION 2023-07 

Charles Spies, Esq. 

Benjamin I. Mehr, Esq. 

Dickinson Wright PLLC 

International Square 

1825 Eye Street, NW 

Suite 900 

Washington, DC 20006 

Dear Messrs. Spies and Mehr: 

 We are responding to your advisory opinion request on behalf of the Upshur 

County Republican Executive Committee (“Upshur County”) regarding the application of 

the Federal Election Campaign Act, 52 U.S.C. §§ 30101-45 (the “Act”), and Commission 

regulations to the affiliation status of Upshur County with the West Virginia Republican 

Party (“State Party”). The Commission concludes that, under the facts presented here, 

Upshur County and the State Party are not affiliated for the purposes of the Act’s 

contribution limits. 

Background 

The facts presented in this advisory opinion are based on your letter received on 

September 28, 2023, and publicly available information, including disclosure reports 

filed with the Commission. 

Upshur County is the Republican Party executive committee for Upshur County, 

West Virginia.1

 In West Virginia, county executive committees like Upshur County are 

created and organized by state statute.2 State law provides that voters elect members of 

county executive committees to four-year terms in primary elections, and county 

1

 Advisory Opinion Request (“AOR”) at AOR003. 

2

 W. Va. Code § 3-1-9 (c)-(h). 
AO 2023-07 (Upshur County Repub. Exec. Comm.) 

Page 2

executive committees fill any vacancies for the remainder of an unexpired term.3

 State 

law further provides that county executive committees will select their own officers.4

 

Three members of Upshur County are also members of the State Party’s 

Executive Committee, which has a total membership exceeding one hundred members.5

 

Upshur County and the State Party share no overlapping officers or employees, and 

neither committee has members, officers, or employees who were previously members, 

officers, or employees of the other committee.6 No organization owns a controlling 

interest in Upshur County.7 

Upshur County maintains a federal account registered with the Commission.8 The 

State Party and its agents had no role in establishing Upshur County’s federal account.9

 

Upshur County has exclusive control over the use of its funds, and “contributions from 

Upshur County are not made in cooperation, consultation with, or at the request of the 

State Party.”10 Rather, financial decisions are “determined by a majority vote of the 

[Upshur County] members at a formal meeting.”11 

 Upshur County states that it does not engage in joint fundraising with the State 

Party and “does not have a similar pattern of contributions or contributors that indicate a 

formal or ongoing relationship with the State Party.”12 Upshur County has filed one 

federal disclosure report, which does not list any contributions.13 Upshur County and the 

State Party both received transfers from the joint fundraising committee “Team 

3

 Id. § 3-1-9 (c), (f). Upshur County’s bylaws provide its Chair fills member vacancies. AOR008. 

4

 W. Va. Code § 3-1-9 (c), (f). See also AOR006. Upshur County officers are elected by a vote of 

its members. Id. In the event of a vacancy, officers are appointed by the chair until the next scheduled 

meeting, at which time the vacancy is filled by a majority vote of members. Id. at 8. 

5

 AOR005-6. 

6

 AOR005. 

7

 AOR004. 

8

 AOR003; Upshur County Republican Executive Committee, Statement of Organization, FEC 

Form 1, (Apr. 23, 2023), 

https://docquery.fec.gov/pdf/461/202304219581254461/202304219581254461.pdf. 

9

 AOR005. Likewise, Upshur County and its agents had no role in forming the State Party. Id. 

10 AOR004. 

11 AOR003. 

12 AOR005. 

13 Upshur County Republican Executive Committee, 2023 Mid-Year Report, FEC Form 3X (July 31, 

2023). 
AO 2023-07 (Upshur County Repub. Exec. Comm.) 

Page 3

Morrisey.”14 This committee appears to have discontinued its joint fundraising 

relationship with the State Party before entering into a joint fundraising relationship with 

Upshur County.15 

Upshur County states that it has not received funds from the State Party or any 

committee established, financed, maintained, or controlled by the State Party.16 The State 

Party does not cause or arrange for funds to be provided to Upshur County on an ongoing 

basis.17 Similarly, Upshur County has not provided or arranged for funds to be provided 

to the State Party or any committee established, financed, maintained, or controlled by 

the State Party.18 

The State Party bylaws contain a provision recognizing county executive 

committees have exclusive authority to collect and disburse party funds in their 

respective counties.19 However, Upshur County acknowledges that the State Party 

bylaws also provide that, under certain circumstances, the State Party may participate in 

the governance of county executive committees.20 Upshur County characterizes the 

relevant bylaw provisions as “technical provisions and hypothetical scenarios.”21 

Specifically, the State Party may exert control over “any other matter of the 

business of any [county executive committee] which in the opinion of the State Executive 

Committee of the State Chairman shall be of sufficient importance to the Republican 

Party to require removal from local consideration and action by the State Executive 

14 See id; West Virginia Republican Party, Inc., 2023 May Monthly Report, FEC Form 3X (May 19, 

2023); West Virginia Republican Party, Inc. 2023 February Monthly Report, FEC Form 3X (Feb. 17, 

2023). 

15 Compare Team Morrisey, Amended Statement of Organization, FEC Form 1, (Mar. 9, 2023) with

Team Morrisey, Amended Statement of Organization, FEC Form 1 (Apr. 28, 2023); see also Upshur 

County Republican Executive Committee, 2023 Mid-Year Report, FEC Form 3X (July 31, 2023). 

16 AOR005. 

17 Id.

18 Id.

19 Bylaws of Republican State Executive Committee of West Virginia (“State Party Bylaws”), 

Article XV, https://wvgop.org/wp-content/uploads/2022/05/WVGOP-Bylaws-Final-March-26-2022.pdf

(last visited Oct. 13, 2023) (“The County Executive Committee’s authority is exclusive and shall include 

the managing and directing of Party affairs in their respective county including the collection and 

disbursement of Party funds. . .”). State law provides that “The state executive committee of each party 

may make such rules for the government of such party, not inconsistent with law, as may be deemed 

expedient; and it may also revoke, alter, or amend, in any manner not inconsistent with law, any present or 

future rules of such party.” W. Va. Code § 3-1-11. 

20 AOR005. 

21 Id. 
AO 2023-07 (Upshur County Repub. Exec. Comm.) 

Page 4

Committee.”22 Upshur County characterizes this process as rare and not reflective of 

how Upshur County makes decisions about finances or policies.23 Upshur County 

reiterates that, in practice, it has full control of all decisions related to its finances and 

states that the “provision should be viewed in the [overall] context of the state and county 

parties’ grassroots function.”24

 The State Party bylaws also enable the State Party to remove a member by 

majority vote in the event of misfeasance, malfeasance, or nonfeasance in office,25 fill 

vacancies when the county executive committee is unable to do so,26 and elect officers in 

the event of a tie vote.27 Additionally, the State Party bylaws provide that the State Party 

may exercise “temporary exigent jurisdiction” over a county executive committee when 

“time is of the essence” to fill a vacancy or name an officer temporarily.28 However, 

Upshur County states that the use of these provisions is “extraordinary and rare,” and 

maintains that “the primary mechanism” through which Upshur County’s members are 

elected is through a Republican primary election as provided by state law.29 Likewise, 

the primary mechanism through which officers are appointed is by a vote of Upshur 

County’s membership.30

Upshur County notes in its request that “the current State Party leadership does 

not support Upshur County’s independence.”31

Question Presented 

(1) Is Upshur County independent from the State Party for purposes of the Act’s 

contribution limits? 

Legal Analysis 

Yes, Upshur County is independent from the State Party for the purposes of the 

Act’s contribution limits. 

22 AOR006-7; State Party Bylaws, Article XIII. 

23 AOR007. 

24 Id.

25 State Party Bylaws, Article XI (b). 

26 Id. at Article XIII § 1. 

27 Id. 

28 Id. at Article XIII § 2. 

29 AOR006. 

30 Id.

31 AOR007. 
AO 2023-07 (Upshur County Repub. Exec. Comm.) 

Page 5

Political committees, including state and local party committees, are “affiliated” if 

they are established, financed, maintained, or controlled by the same corporation, labor 

organization, person, or group of persons, including any parent, subsidiary, branch, 

division, department, or local unit thereof.32 For purposes of the Act’s contribution 

limits, contributions made to or by affiliated political committees are considered to have 

been made to or by a single political committee.33 

Commission regulations establish a rebuttable presumption that a state party 

committee and local party committees in the same state are per se affiliated.34 This 

presumption is rebutted if: 

(i)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; and 

(ii) 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.35

Upshur County states that it has not received funds from the State Party or any 

political committee established, financed, maintained, or controlled by the State Party and 

that the State Party has similarly not received any funds from Upshur County or from any 

political committee established, financed, maintained, or controlled by Upshur County.36 

Upshur County further asserts that it does not make its contributions in cooperation, 

consultation, or concert with, or at the request or suggestion of the State Party or any 

committee established, financed, maintained, or controlled by the State Party.37 Rather, 

decisions about Upshur County’s contributions are made by a majority vote of its 

members at a formal meeting.38 Accordingly, the Commission concludes that Upshur 

County and the state committee are not per se affiliated under 11 C.F.R. § 110.3(b)(3). 

In the absence of per se affiliation, the Commission examines ten circumstantial 

factors within the context of the overall relationship to determine whether one committee 

32 52 U.S.C. § 30116(a)(5); 11 C.F.R. §§ 100.5(g)(2), 110.3(a)(1)(ii). 

33 52 U.S.C. § 30116(a)(5); 11 C.F.R. §§ 100.5(g)(2), 110.3(a)(1). 

34 See 11 C.F.R. § 110.3(b)(3) (“All contributions made by the political committees established, 

financed, maintained, or controlled by a State party committee and by subordinate State party committees 

shall be presumed to be made by one political committee.”). 

35 11 C.F.R. § 110.3(b)(3)(i)-(ii). 

36 AOR005. 

37 AOR003-4. 

38 AOR003, 5. 
AO 2023-07 (Upshur County Repub. Exec. Comm.) 

Page 6

has established, financed, maintained, or controlled the other committee.39 These ten 

circumstantial factors, each of which is discussed below in turn, do not constitute an 

exhaustive list, and other factors may be considered.40

A. Controlling Interest 

This factor considers whether a sponsoring organization owns a controlling 

interest in the voting stock or securities of the other sponsoring organization.41 Upshur 

County states that no organization owns an interest in its voting stock or securities.42 The 

absence of such ownership weighs against affiliation. 

B. Governance 

 This factor considers whether a sponsoring committee has the authority or ability 

to direct or participate in the governance of another committee through provisions of 

constitutions, bylaws, contracts, or other rules, or through formal or informal practices or 

procedures.43 

The State Party bylaws outline two methods through which the State Party may 

participate in the governance of Upshur County. The first method involves appointing 

decision-makers in specific situations, as detailed in the analysis of factor (C) below. The 

second method is a multi-step process that permits the State Party to exert control over 

“any other matter of the business of any [county executive committee] which in the 

opinion of the State Executive Committee of the State Chairman shall be of sufficient 

importance to the Republican party to require removal from local consideration and 

action by the State Executive Committee.”44 

Upshur County asserts that these provisions are “hypothetical” and urges the 

Commission to view them within the context of the parties’ grassroots functions.45 

Upshur County states that, in practice, it alone makes decisions about its finances, 

39 11 C.F.R. § 100.5(g)(4)(i), (ii)(A)-(J); 11 C.F.R. § 110.3(a)(3)(i), (ii)(A)-(J). See also Advisory 

Opinion 2005-02 (Corzine II) at n.8 (“Even if the presumption is rebutted, [state and local party] 

committees may be affiliated under the affiliation factors set out in 11 CFR 110.3(a).”); Advisory Opinion 

1997-18 (CRPCC) at n.2 (“Even if the presumption [at 11 C.F.R. § 110.3(b)(3)] is rebutted, a finding of 

affiliation, regardless of the intent of the organizations concerned, may be made should other factors of 

affiliation exist as set out in 11 CFR 110.3(a).”). 

40 See Advisory Opinion 2004-41 (CUNA Mutual) at 3. 

41 11 C.F.R. §§ 100.5(g)(4)(ii)(A), 110.3(a)(3)(ii)(A). 

42 AOR004. 

43 11 C.F.R §§ 100.5(g)(4)(ii)(B), 110.3(a)(3)(ii)(B). 

44 AOR006-7; State Party Bylaws, Article XIII. 

45 AOR006. 
AO 2023-07 (Upshur County Repub. Exec. Comm.) 

Page 7

policies, and day-to-day governance.46 Indeed, the State Party bylaws also recognize that 

county executive committees have exclusive control over their funds. 47 

The State Party’s bylaws allow them to participate in Upshur County’s “matters 

of business” in certain limited circumstances. Consequently, this factor weighs in favor 

of affiliation. However, the weight of this factor is reduced by the fact that the day-today governance and control of funds remain solely under Upshur County’s jurisdiction. 

C. Hiring Authority 

This factor considers whether a committee has the authority or ability to hire, 

appoint, demote, or otherwise control the officers or other decision-making employees or 

members of another committee.48 

The State Party bylaws provide that, under certain limited circumstances, the 

State Party can appoint or remove Upshur County’s decision-makers. The bylaws state 

that the State Party can remove a member by majority vote in the event of misfeasance, 

malfeasance, or nonfeasance in office,49 fill vacancies when the county executive 

committee is unable to do so,50 and elect officers in the event of a tie vote.51 The bylaws 

also give the State Party the ability to temporarily fill a member vacancy or name an 

officer when “time is of the essence.”52

However, as provided by state law, Republican voters retain the primary authority 

to elect Upshur County’s members.53 Additionally, although the State Party bylaws 

allow for discrete instances where, under specific circumstances, the State Party may 

remove or appoint a single Upshur County member, the bylaws do not provide a 

mechanism for the State Party to remove or appoint the majority of members at any given 

time. Members make Upshur County’s decisions about finances and contributions by 

46 AOR005. 

47 State Party Bylaws, Article VX (“The County Executive Committee’s authority is exclusive and 

shall include the managing and directing of Party affairs in their respective county including the collection 

and disbursement of Party funds; the promotion of campaigns of Republican candidates who represent their 

county at the national, state and local levels and the recruitment of poll workers that will represent the 

Republican Party on Election Day and ensure the integrity of elections.”). 

48 11 C.F.R §§ 100.5(g)(4)(ii)(C), 110.3(a)(3)(ii)(C). 

49 State Party Bylaws, Article XI (b). 

50 Id. at Article XIII § 1. 

51 Id. 

52 Id. at Article XIII § 2. 

53 See W. Va. Code § 3-1-9 (c). 
AO 2023-07 (Upshur County Repub. Exec. Comm.) 

Page 8

majority vote. Accordingly, the removal or appointment of a single member would not 

give the State Party the authority to direct such decisions.54

 Likewise, Upshur County retains the primary authority to select its officers and 

fill any vacancies.55 The State Party’s authority to elect officers may be invoked only 

when Upshur County cannot fulfill these responsibilities. 

The Commission has previously concluded that a state party’s limited role in 

removing a county party’s decision-makers was not dispositive to the affiliation analysis. 

In Advisory Opinion 1978-09 (Republican State Central Committee of Iowa), the 

Commission concluded that county party committees were not affiliated with the state 

party committee even though the state party could remove certain county officers if they 

failed to fulfill their duties. The Commission noted that the “primary mechanism for 

removal of county officers is through action of the county committee itself.”56

The State Party’s bylaws allow it to appoint or remove individual Upshur County 

decision-makers in certain limited circumstances. Accordingly, this factor weighs in 

favor of affiliation. However, the weight of this factor is diminished by the fact that the 

primary authority to select and remove Upshur County’s decision-makers remains with 

the voters and Upshur County itself. 

D. Common Membership 

This factor considers whether the committees have a common or overlapping 

membership that indicates a formal or ongoing relationship between the committees.57 

The Commission has explained that common membership may constitute evidence of a 

“formal or ongoing relationship” where two entities are made up of “largely the same 

people in a manner suggesting an organized control over both groups.”58 

54 In the corporate context, the Commission has determined that the authority to appoint a minority 

of the members of a governing board of directors does not weigh heavily in favor of finding affiliation 

between two entities. See Advisory Opinion 2016-02 (Enable Midstream Services) at 7. 

55 W. Va. Code § 3-1-9 (c), (f). AOR006, 8. 

56 Advisory Opinion 1978-09 (Republican State Central Committee of Iowa), at 3-4 n.3. Since the 

issuance of Advisory Opinion 1978-09, the regulations have been revised to include additional 

circumstantial factors. Compare 11 C.F.R. § 100.5(g)(4)(ii)(A)-(J) (2019) with 11 C.F.R. § 100.14(c)(2)(ii) 

(1976). However, the circumstantial factors in force at the time of the 1978 opinion included “[p]rovisions 

of bylaws, constitutions, or other documents by which one entity has the authority, power, or ability to 

direct another entity,” and “[t]he authority, power, or ability to hire, appoint, discipline, discharge, demote, 

or remove or otherwise influence the decision of the officers or members of an entity.” 11 C.F.R. § 100.14 

(C)(2)(ii)(B)-(C)(1976). Thus, the Commission’s analysis in Advisory Opinion 1978-09 (Republican State 

Central Committee of Iowa) remains relevant to the analysis of factors (B) and (C) in this matter. 57 11 C.F.R §§ 100.5(g)(4)(ii)(D), 110.3(a)(3)(ii)(D). 

58 Advisory Opinion 2004-41 (CUNA Mutual) at 5; Advisory Opinion 2007-13 (American Nurses) 

at 9; Advisory Opinion 2017-01 (American Urological Association) at 8; Advisory Opinion 2017-03 

(UROPAC) at 7-8. 
AO 2023-07 (Upshur County Repub. Exec. Comm.) 

Page 9

Here, three members of Upshur County are also members of the State Party’s 

Executive Committee, which has a total membership exceeding one hundred members.59 

Upshur County states that there is no other overlap between the membership of Upshur 

County and the State Party.60 Thus, the limited overlapping membership between the 

parties does not suggest organized control over both groups. Accordingly, this factor 

weighs against affiliation. 

E. Common Officers or Employees 

This factor concerns whether the committees have common or overlapping 

officers or employees, indicating a formal or ongoing relationship between the 

committees.61 Upshur County states that it has no overlapping officers or employees with 

the State Party.62 Accordingly, this factor weighs against affiliation. 

F. Former Officers or Employees 

This factor examines whether either committee has any members, officers, or 

employees who previously were members, officers, or employees of the other committee, 

indicating a formal or ongoing relationship or the creation of a successor entity.63 

Upshur County states that neither committee has members, officers, or employees who 

were previously members, officers, or employees of the other committee.64 Accordingly, 

this factor weighs against affiliation. 

G. Providing the Provision of Funds or Goods 

This factor considers whether one committee provides funds or goods in a 

significant amount or on an ongoing basis to the other committee but not including the 

transfer to a committee of its allocated share of proceeds jointly raised pursuant to 11 

C.F.R. § 102.17.65 Upshur County asserts that neither committee has provided funds or 

goods to the other committee.66 Accordingly, this factor weighs against affiliation. 

59 AOR006. 

60 AOR005. 

61 11 C.F.R §§ 100.5(g)(4)(ii)(E), 110.3(a)(3)(ii)(E). 

62 ARO005. 

63 11 C.F.R §§ 100.5(g)(4)(ii)(F), 110.3(a)(3)(ii)(F). 

64 AOR005. 

65 11 C.F.R §§ 100.5(g)(4)(ii)(G), 110.3(a)(3)(ii)(G). 

66 AOR005. 
AO 2023-07 (Upshur County Repub. Exec. Comm.) 

Page 10

H. Arranging the Provision of Funds or Goods 

This factor considers whether a committee causes or arranges for funds in a 

significant amount or on an ongoing basis to be provided to another committee, but not 

including the transfer to a committee of its allocated share of proceeds jointly raised 

pursuant to 11 C.F.R. § 102.17.67 Upshur County states that neither committee has 

arranged for funds or goods to be provided to the other committee.68 Accordingly, this 

factor weighs against affiliation. 

I. Formation 

This factor considers whether a committee or its agent had an active or significant 

role in the formation of the other committee.69 Upshur County is a county executive 

committee that was created and organized by state statute.70 Upshur County asserts that 

the State Party had no role in its creation and played no role in the establishment of its 

federal account.71 Likewise, Upshur County had no role in the formation of the State 

Party.72 Accordingly, this factor weighs against affiliation. 

J. Contribution Similarities 

This factor concerns whether the committees have similar patterns of 

contributions or contributors that indicate a formal or ongoing relationship between the 

committees.73 

Upshur County’s federal account has filed one disclosure report, which does not 

identify any contributions.74 Upshur County asserts that it does not have a similar pattern 

of contributions with the State Party and that decisions regarding federal contributions are 

“decided by a vote of the members of Upshur County at a formal meeting without 

cooperation, consultation, suggestion, or direction from the state party.”75 Accordingly, 

67 11 C.F.R §§ 100.5(g)(4)(ii)(H), 110.3(a)(3)(ii)(H). 

68 AOR005. 

69 11 C.F.R. §§ 100.5(g)(4)(ii)(I), 110.3(a)(3)(ii)(I). 

70 AOR003; W. Va. Code § 3-1-9 (c)-(h). 

71 AOR005. 

72 Id. 

73 11 C.F.R. §§ 100.5(g)(4)(ii)(J), 110.3(a)(3)(ii)(J). 

74 Upshur County Republican Executive Committee, 2023 Mid-Year Report, FEC Form 3X (July 31, 

2023). 

75 AOR005. 
AO 2023-07 (Upshur County Repub. Exec. Comm.) 

Page 11

the available facts indicate that the committees do not have a similar pattern of 

contributions. 

Upshur County and the State Party have both received transfers from the joint 

fundraising committee “Team Morrisey.”76 “Team Morrisey” was previously a joint 

fundraising representative of the State Party.77 However, it appears to have discontinued 

its joint fundraising relationship with the State Party before entering into a joint 

fundraising relationship with Upshur County.78 Thus, although the committees share a 

common contributor, the circumstances do not suggest a formal or ongoing relationship 

between the committees. Accordingly, this factor weighs against affiliation. 

Context of the Overall Relationship Between the Entities 

 In considering the foregoing circumstantial factors, the Commission examines 

the “context of the overall relationship” between the entities to determine whether they 

are properly considered affiliated.79

Here, only two factors weigh in favor of affiliation. First, the State Party’s 

bylaws allow it to participate in the governance of Upshur County under certain limited 

circumstances. However, the bylaws also recognize that county executive committees 

have control over their own funds.80 And Upshur County’s day-to-day governance and 

control of funds remain within its own purview. 

Second, the State Party bylaws provide that, under certain limited circumstances, 

the State Party can appoint or remove individual Upshur County decision-makers. 

However, the primary authority to select and remove Upshur County’s decision-makers 

remains with the voters and Upshur County itself. 

Importantly, Upshur County characterizes the above-referenced bylaw provisions 

as “hypothetical,” and asserts that the State Party is not in fact exercising control over its 

76 Upshur County Republican Executive Committee, 2023 Mid-Year Report, FEC Form 3X (July 31, 

2023); West Virginia Republican Party, Inc., 2023 May Monthly Report, FEC Form 3X (May 19, 2023); 

West Virginia Republican Party, Inc., 2023 February Monthly Report, FEC Form 3X (Feb. 17, 2023). 

77 Team Morrisey, Amended Statement of Organization, FEC Form 1, (Mar. 9, 2023). 

78 Compare Team Morrisey, Amended Statement of Organization, FEC Form 1, (Mar. 9, 2023) with

Team Morrisey, Amended Statement of Organization, FEC Form 1 (Apr. 28, 2023); see also Upshur 

County Republican Executive Committee, 2023 Mid-Year Report, FEC Form 3X (July 31, 2023).

79 See 11 C.F.R. §§ 100.5(g)(4)(i)-(ii), 110.3(a)(3)(i)-(ii). 

80 State Bylaws, Article VX. 
AO 2023-07 (Upshur County Repub. Exec. Comm.)

Page 12

affairs.81 Upshur County’s request seeks to establish that it is independent of the State 

Party, even though Upshur County understands that the State Party opposes its 

“independence.”82 Thus, Upshur County has demonstrated an intention to pursue its own 

objectives even when they do not align with the objectives of the State Party.83

Accordingly, on balance, after considering the circumstantial factors in the 

context of the overall relationship between the entities involved, the Commission 

concludes that Upshur County and the State Party are not affiliated for the purposes of 

the Act’s contribution limits. 

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.84 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, the requestor may not rely on that conclusion as 

support for its proposed activity. Any person involved in any specific transaction or 

activity that is indistinguishable in all its material aspects from the transaction or activity 

with respect to which this advisory opinion is rendered may rely on this advisory 

opinion.85 Please note that the analysis or conclusions in this advisory opinion may be 

affected by subsequent developments in the law including, but not limited to, statutes, 

regulations, advisory opinions, and case law. Any advisory opinions cited herein are 

available on the Commission’s website.

On behalf of the Commission, 

Dara Lindenbaum, 

Chair 

81 AOR004-6. The Commission notes that if the facts as presented in the advisory opinion request 

change, and the State Party in fact exerts control over Upshur County’s affairs, the conclusion reached in 

this Opinion would no longer apply.

82 AOR007. 

83 See Advisory Opinion 2017-03 (UROPAC) at 14 (noting that one entity’s request for disaffiliation 

despite opposition from the other entity demonstrated an intention to pursue its own policy objectives, 

which was relevant to the evaluation of the overall relationship between entities). 

84 See 52 U.S.C. § 30108. 

85 See id. § 30108(c)(1)(B).