Your web browser is not supported You're using Internet Explorer, some features might not work. Please switch to another browser like Chrome, Firefox, or Edge for a better experience.


An official website of the United States government Here's how you know
 **Official websites use .gov**
            
            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
            
            A **lock** ( A locked padlock ) or **https://** means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.


Federal Election Commission | United States of America Calendar
           Glossary
          Search
              Search


Menu
      Home
      Campaign finance data
        All data
            Raising
            Spending
            Loans and debts
            Filings and reports
            Candidates
            Committees
            Bulk data
            Campaign finance statistics
        Find elections. Search by state or ZIP code
          Look up contributions from specific individuals
      Help for candidates and committees
        All compliance resources
            Guides
            Forms
            Dates and deadlines
            Trainings
        Learn about electronic filing
          Find and contact your committee's analyst
      Legal resources
        All legal resources
            Advisory opinions
            Enforcement
            Statutes
            Legislation
            Regulations
            Court cases
            Policy and other guidance
        Search across all legal resources
          Search guidance documents
      About
        All about the FEC
            News and announcements
            Commission meetings
            Mission and history
            Leadership and structure
            Reports about the FEC
            Careers
            Working with the FEC
            Contact
        Introduction to campaign finance and elections


- Home
- ›
      FEC Record: Advisory opinions
- ›
      AO 2023-07: County party committee not affiliated with state party

FEC Record: Advisory opinionsAO 2023-07: County party committee not affiliated with state partyNovember 20, 2023 The Upshur County Republican Executive Committee (Upshur County) and the West Virginia Republican Party (State Party) are not affiliated for purposes of the Federal Election Campaign Act’s (the Act) contribution limits. Under the Act, political committees are “affiliated” if they are established, financed, maintained or controlled by the same organization, person or group of persons. Affiliated committees share limits on contributions made and received. Local party committees are presumed to be under the direction and control of the state committee—and thus per se affiliated with the state committee—unless they can demonstrate otherwise. In this case, Upshur County was able to demonstrate that: It has not received funds from the State Party or its affiliates; andIt does not make its contributions in cooperation, consultation, or at the request or suggestion of the State Party or its affiliates. As a result, the Commission concluded that Upshur County and the State Party are not per se affiliated. 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 has established, financed, maintained, or controlled the other committee. These factors include: controlling interest; governance; hiring authority; common membership; common officers or employees; former officers or employees; providing the provision of funds or goods; formation; and contribution similarities. The Commission noted that only two of these factors—governance and hiring authority--weighed in favor of affiliation, and in each case other considerations diminished their significance. Additionally, Upshur County has demonstrated its intention to pursue its own objectives even when those objectives do not align with those of the State Party. The Commission concluded that, on balance, the circumstantial factors indicate that Upshur County and the State Party are not affiliated for the purposes of the Act’s contribution limits. Date issued: November 16, 2023; Length: 12 pages Citations 11 C.F.R. § 100.5Political committee 11 C.F.R. § 100.14State Committee, subordinate committee, district, or local committee 11 C.F.R. § 102.17Joint fundraising by committees other than separate segregated funds 11 C.F.R. § 110.3Contribution limitations for affiliated committees and political party committees; transfers Resources AO 2023-07Commission consideration of AO 2023-07
 Author
          David GarrCommunications Specialist


Read next: Commission approves directive governing investigative procedures
 Related: Explore legal resources »


This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


About
          Careers
          Press
          Contact
   Privacy and security policy
          Plain language
          No FEAR Act
          Strategy, budget and performance
 Open government
          Protected Voices
          USA.gov
          Inspector General
          FOIA
 OpenFEC API
          GitHub repository
          Release notes
          FEC.gov status


Federal Election Commission
 The FEC's Twitter page
            The FEC's YouTube page Sign up for FECMail


Hide glossary Glossary Search terms