[Lnc-business] Presidential candidates

[Joshua Katz]

Colleagues,

I have been thinking about this for some time, and have decided to present
my concern to the LNC for your input.  Here is a relevant Policy Manual
provision:

Party resources shall not be used to provide information or services for
any candidate for
public office prior to the nomination unless:
• such information or services are available and announced on an equal
basis to all
Libertarians who have declared they are seeking that nomination,
• such information or services are generally available and announced to all
party
members, or
• the service or candidate has been approved by the state chair.

This leaves open to some interpretation (some would say it leaves a
penumbra) a few questions, such as what "declared" means in provision 1.
The easiest way to comply with this provision would be to simply not
maintain a list of Presidential candidates.  However, this may not be
practical, since HQ will be asked who our candidates are, and we might as
well have a list.  I would not be opposed to eliminating the list, but I'm
also not necessarily opposed to having one.  Nor is it practical to list
everyone who says they want our nomination, particularly if we wish to
appear credible.  A look at the 1175 FEC Form 2 Filers will confirm that no
party can list all of its "declared candidates" nor take all, or most,
seriously.

So, I agree with having objective criteria for being listed as a candidate,
if we are to have a list.  Here are the 2012 criteria:

Filed to run for president with the F.E.C. as a Libertarian
Seeking the nomination of the Libertarian Party exclusively
Dues-paying member of the National Libertarian Party
Campaign website is current with contact information

Nothing binds us to observe the past requirements, of course, and I tend to
think, unless the LNC acts, the definition of the criteria belong to the
Chair or staff.  I also don't think the LNC should micromanage those
criteria; that is, while I would be fine with the LNC saying not to list
candidates, I'd be much less enthusiastic about the LNC trying to write
criteria.  Here is a statement of the current criteria:

The Libertarian Party recognizes 2016 Presidential candidates who have
campaign websites, are dues-paying members of the LP, have met all U.S.
Constitutional requirements to serve in office as president, and are not
running for the nomination of any other political party. They have filed
with the FEC, with the exception of Darryl Perry, who has chosen not to
file as a protest against the FEC, claiming it lacks constitutional
authority.

Now, Darryl Perry is listed, as noted above.  Not listed is Austin
Petersen, who meets all criteria, as far as I know, other than filing FEC
Form 2.  I believe that such a loose criteria as one that can be
paraphrased as "either filed Form 2, or doesn't want to" is, at least
arguably, a violation of our Policy Manual requirement to make information
or services available equally to all declared candidates.  This is, in my
opinion, not an objective criterion.  Petersen hasn't filed the form - as
far as I know, he also hasn't triggered any requirement to do so, and
neither has Perry (or, likely, anyone else.)  He is certainly as much a
declared candidate as anyone else.  So hasn't he "chosen not to" file it,
at least at the moment, making him as qualified for listing as is Perry?
Is there a definition of "chosen not to" that excludes, well, anyone?

In summary, I believe we can meet our Policy Manual requirement by having
objective criteria and sticking to them (equally available to all can
reasonably be seen as "equally available to all who have done certain
things.)  I believe that, at the moment, either non-objective criteria are
being applied, or they are being applied selectively, and either option is,
in my opinion, a Policy Manual violation.

I cannot make motions, so I am simply bringing this to the LNC's
attention.  It is not my intent to attack any candidate, or any decision,
but rather to ensure that our rules are followed.

Thank you for your time and consideration,

Joshua A. Katz

Region 8 (Region of Badassdom) Alternate
Libertarian National Committee

Elected Libertarian
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