[Lnc-business] [Lnc-discuss] Email Ballot 2014-08: Oregon Resolution

Fri Jul 18 17:23:49 EDT 2014

With all due respect, I do not see how one can say, "Who the Chair of the
Libertarian Party of Oregon is has been adjudicated by the Oregon courts."

I have attached the judge's ruling to this message.  Can the LNC Chair
please point me to what phrase in this ruling tells us who the judge said
is the Chair of the LP of Oregon?

What I read is that the judge dismissed the case specifically because he
REFUSED to adjudicate the matter.  Note passages such as:

"As to itself, the LPO has established a Judicial Committee to address the
exact kind of questions Plaintiffs would have this court decide.  The
Constitution of the LPO dictates that the decisions of the Judicial
Committee, not the decisions of a court, will be final, subject only to
appropriate action of the full membership of the party."

...and...

"This matter is either nonjusticiable, or if the court has the power to
address the dispute, it also has discretion to stay its hand in light of
the existence of other remedies that may lead to resolution of these
sensitive matters without the need for the court to intrude upon the inner
workings of a political party."

The judge did not say the SOS could decide, as the Judicial Committee
prescribed.  The judge refused to decide it himself.  The judge said the
party should decide it internally.

-Alicia

On Fri, Jul 18, 2014 at 2:19 PM, Nicholas Sarwark <chair at lp.org> wrote:

> Our affiliate is the Libertarian Party of Oregon.  Who the Chair of
> the Libertarian Party of Oregon is has been adjudicated by the Oregon
> courts.  As a party, we do not affiliate with individuals, we
> affiliate with other organizations.
>
> -Nick
>
> On Fri, Jul 18, 2014 at 12:56 AM, Alicia Mattson <agmattson at gmail.com>
> wrote:
> > The LNC can only disaffiliate a group that is an affiliate.  To say we
> are
> > allowed to disaffiliate the Wagner group is like saying a guy has to
> divorce
> > a woman he never married in the first place just because she claims to be
> > his wife.
> >
> > -Alicia
> >
> >
> >
> >
> > On Tue, Jul 15, 2014 at 9:07 AM, Nicholas Sarwark <chair at lp.org> wrote:
> >>
> >> A couple of points of information:
> >>
> >> Decisions of the convention delegates can not be appealed to our
> >> Judicial Committee.  Nobody has the authority to act contrary to the
> >> convention, nor is a resolution an act.
> >>
> >> The situation on the ground in Oregon is actually rather
> >> uncomplicated.  Wagner is the Chair of the Libertarian Party of
> >> Oregon.  As an Oregon political party, it is regulated by Oregon state
> >> law.  Reeves brought an unsuccessful lawsuit to ask the Oregon courts
> >> to rule that he is the Chair.  Reeves is appealing that loss.  In the
> >> interim, the Libertarian Party of Oregon has ballot access and will
> >> nominate +/- 50 candidates this election cycle.
> >>
> >> Lastly, there's nothing in the bylaws that allows the LNC to resolve a
> >> dispute about who is Chair in Oregon or what the proper bylaws are.
> >> The bylaws are explicit about the LNC not being allowed to abridge the
> >> autonomy of a state affiliate.  The LNC is allowed to disaffiliate
> >> from a state affiliate for cause.  That is the only action available
> >> to the LNC.
> >>
> >> -Nick
> >>
> >> On Tue, Jul 15, 2014 at 3:25 AM, Ron Windeler <rowindeler at aol.com>
> wrote:
> >> >                 Some, perhaps a majority of the LNC do not feel that
> an
> >> > apology, or even an expression of regret is appropriate in regards to
> >> > either
> >> > group claiming to be the LPO.  Those that do are free to apologize,
> >> > express
> >> > their regrets, or get down on their knees and beg forgiveness if they
> >> > want
> >> > to.
> >> >                 Many of us believe that the members of the convention
> >> > are
> >> > the most important arbitrators of our bylaws and the LNC should take
> no
> >> > action that conflicts with their decisions.  If someone thinks that
> the
> >> > convention acted improperly, their appropriate remedy would be an
> appeal
> >> > or
> >> > other complaint to our JC.  The LNC doesn’t have the authority to act
> >> > contrary to the convention.
> >> >                 Passing either of the Oregon motions will not resolve
> >> > the
> >> > situation, only complicate it.  There are at least two paths forward
> to
> >> > a
> >> > unified LPO.  One is my proposal that the competing chairmen both
> resign
> >> > voluntarily and the remaining officers of both groups hold a special
> >> > convention to elect a new, undisputed LPO group of officers. The other
> >> > would
> >> > be for the LNC to accept the decision of the Oregon JC that the Reeves
> >> > group
> >> > is the legitimate LPO.  I favor the second solution, as it gives the
> >> > most
> >> > respect to the state party.
> >> >
> >> > Ron Windeler
> >> > rowindeler at aol.com
> >> >
> >> >
> >> > -----Original Message-----
> >> > From: Norm Olsen <region1rep at doneDad.com>
> >> > To: lnc-business <lnc-business at hq.lp.org>
> >> > Sent: Sun, Jul 13, 2014 9:18 pm
> >> > Subject: Re: [Lnc-business] Email Ballot 2014-08: Oregon Resolution
> >> >
> >> > Aye!
> >> >
> >> > Norm
> >> > --
> >> > Norman T Olsen
> >> > Regional Representative, Region I
> >> > Libertarian National Committee
> >> > 7931 S Broadway, PMB 102
> >> > Littleton, Colorado  80122-2710
> >> > 303-263-4995
> >> > Norman.Olsen at lp.org
> >> >
> >> > "First they ignore you, then they ridicule you, then they fight you,
> >> > then
> >> > you win." -- Gandhi
> >> >
> >> > From: Lnc-business [mailto:lnc-business-bounces at hq.lp.org] On Behalf
> Of
> >> > Alicia Mattson
> >> > Sent: Wednesday, July 09, 2014 2:01 AM
> >> > To: lnc-business at lp.org
> >> > Subject: [Lnc-business] Email Ballot 2014-08: Oregon Resolution
> >> >
> >> > We have an electronic mail ballot.
> >> >
> >> > Votes are due to the LNC-Business list by July 19, 2014 at 11:59:59pm
> >> > Pacific time.
> >> >
> >> > Sponsor:  Chair Nick Sarwark
> >> >
> >> > Motion:
> >> > Whereas, the Bylaws of the Libertarian Party state that “delegates to
> a
> >> > Regular Convention shall be selected by a method adopted by each
> >> > affiliate
> >> > party” (Article 11, 3 (b)), and
> >> >
> >> > Whereas, the Bylaws of the Libertarian Party state that “each
> >> > state-level
> >> > affiliate party shall, in accordance with its own Bylaws and these
> >> > Bylaws,
> >> > determine who shall be its delegates to all Regular Conventions.”
> >> > (Article
> >> > 6, 3), and
> >> >
> >> > Whereas, the Bylaws of the Libertarian Party state that “the autonomy
> of
> >> > the
> >> > affiliate and sub-affiliate parties shall not be abridged by the
> >> > National
> >> > Committee or any other committee of the Party…” (Article 6, 5), and
> >> >
> >> > Whereas the Chair of the National Convention incorrectly ruled that it
> >> > was
> >> > in order for the convention to vote to seat three delegates in the
> >> > Oregon
> >> > delegation over the objection of the affiliate party chair, and
> >> >
> >> > Whereas the motion made did not challenge the report of the
> Credentials
> >> > Committee as to who was the affiliate party chair, and
> >> >
> >> > Whereas the convention delegates subsequently voted to seat those
> >> > delegates
> >> > over the objection of the delegate chair,
> >> >
> >> > Be it resolved that the Libertarian National Committee apologizes to
> the
> >> > Libertarian Party of Oregon for the erroneous ruling of the National
> >> > Convention Chair.
> >> > Alicia Mattson
> >> > LNC Secretary
> >> >
> >> > _______________________________________________
> >> > Lnc-business mailing list
> >> > Lnc-business at hq.lp.org
> >> > http://hq.lp.org/mailman/listinfo/lnc-business_hq.lp.org
> >> >
> >> >
> >> > _______________________________________________
> >> > Lnc-business mailing list
> >> > Lnc-business at hq.lp.org
> >> > http://hq.lp.org/mailman/listinfo/lnc-business_hq.lp.org
> >> >
> >>
> >> _______________________________________________
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> >> http://hq.lp.org/mailman/listinfo/lnc-discuss_hq.lp.org
> >
> >
> >
> > _______________________________________________
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> >
>
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