I know you can talk here and there about how various special interests “own” one or both of the parties. That’s not what I’m talking about. Who actually owns the Democratic and Republican parties in the US, in the sense of legally owning the entity? Are they corporations with shares that loyal party members can be offered? What exactly is the ownership structure?
I imagine they operate as non-profit organizations, so nobody really “owns” them, just like nobody owns, say, The Red Cross. They’re legally incorporated entities run by boards of officials elected from within the organization.
And I’m open to correction, but isn’t there a real slew of parties with these names? There are parties with these names at the state level, in each of the states, affiliated with the national bodies?
Doing some online research, it appears the parties are formed at the state (or territorial) level. The state parties then join together and send delegates to elect a Chairman to the National Committee that controls the party.
…and county levels. While there is some level of cooperation between national, state, and local parties (and ideological similarities) each is concerned with elections at its own level.
I found a good organization chart from the Democratic Party of Georgia. It goes up to the national level and down to the county level. The Republican organization would be essentially identical.
The DNC and RNC are non-profits and so would every smaller committee be. Affiliations would have to be voluntary. Presumably an organization could be sanctioned for not adhering to the rules of bodies up the organizational chart, but they have some independent life. Notice, for example, how several states moved up their primaries even though the RNC didn’t want them to.
The question of ownership of a non-profit gets pretty metaphysical. I’d say it isn’t owned by anyone. The Board of Directors controls it and has responsibilities for the organization.
But who do the Board of Directors answer to?
They answer to the people who elected them, which would be the members of the DNC.
The DNC is composed of
In any nonprofit, the Board of Directors ultimately answer to the bylaws of the organization. These bylaws define what the organization does, how directors are chosen and dismissed, etc. A well-written set of bylaws will allow just about anything to be corrected, often by the general membership of the group.
Of course, if you truly have a rogue director who has totally ignored the bylaws and any attempt to control them, you can always take them to court. The courts can get you some kind of injunction, judgment, etc. to enforce the bylaws.
No, I’d be surprised if the Georgia Republican Party has an official LGBT Caucus, for example. Or possibly an African-American one.
The exact legal structure will depend on the laws of the state where the body is incorporated, but in my experience with non-profits, there aren’t shares, but memberships - a person can join the non-profit and acquire a membership, but only one per person. There may be conditions placed on being able to join the non-profit, depending on the basic by-law, and so on. But thinking of it in terms of ownership doesn’t really work, because ownership is a concept used for business corps, not non-profits. A person can own a business corp by acquiring more shares in it; since there’s normally a limit on one membership interest per person on in non-profits, that’s not possible.
Of course, not meant as legal advice, and the exact principles governing it could vary widely from state-to-state, depending on the state laws.
My theory? these guys - LINK
It’s a fascinating concept though. We talk a lot about the death throes of the Republican party, but say the lights are going to be turned out - what happens to the money and real estate and posters etc.?
Who has the right to the name “Republican.”? Could we just start our own local Republican party and start spouting a lot of crazy stuff to convince youngsters that Republican is not the way to go? Wouldn’t that explain a great deal of the last ten years, actually?!?
I was just elected to the Democratic Party Central Committee in the county in Ohio where I live. (At least I assume I was elected. I haven’t received any official confirmation yet, but I was the only one on the ballot for my ward.) As a member of that Central Committee, I will vote for the officers of the committee. We hold monthly meetings at which any member can offer a motion to endorse or donate to a candidate, as well as other issues. Motions are generally carried on a voice vote. So we’re answerable to the voters in our respective wards and precincts. I should point out that this election was part of yesterday’s primary, so only voters who requested the Democratic ballot would have had the opportunity to vote for me.
There are specific bodies that control or own certain subsets of political activity but as a whole the the major American political parties are so nebulously organized that it can’t really be said that any particular body owns the party or its name.
Smaller parties tend ti be different and more centrally controlled.
Here in Minnesota, we have the Democratic-Farmer-Labor party (the merged Democratic party & the Farmer-Labor party) , and that name is copyrighted by the DFL party. Local units of the party can use it, but if anyone else tried to use it, no doubt they would be sued.
Also the party logo, and even the design & colors of our Sample Ballot are copyrighted or trademarked, and nobody else can use them. These have been upheld by courts several times.
There is also state law (which applies to both us, the Republicans, and other parties) coverings such things as “false claim of endorsement”; it also has been upheld in Court. Violators have been hit with heavy fines, even in one case, ordering a new election to be held.
You mean that they have asserted trademark rights in the term.
Copyright law does not protect single words, personal names, titles, slogans, or short phrases.