[Lnc-business] Amending Articles of Incorporation

[Sam Goldstein]

Joe,

That might be an option for some future LNC to consider just as amending 
the Bylaws to allow remote convention participation would be for 
delegates at a future national convention.  Amending the Articles of 
Incorporation is way beyond the scope of tomorrow's meeting and was 
certainly not contemplated by the nine LNC members who joined in the 
call for this meeting.

I'm fairly sure that none of the Regional Reps would consider such an 
action without at least some consultation with their states and, as an 
At Large member of the LNC, I would certainly want to hear from as many 
members as possible their opinion about such an effort to nullify the 
LP's basis rules of governance.

Live Free,


---
Sam Goldstein, At Large Member
Libertarian National Committee
317-850-0726 Cell

On 2020-04-30 16:24, Joe Bishop-Henchman via Lnc-business wrote:
> Colleagues,
> 
> I would like to put forward a mechanism that I don't believe has come
> up yet, that can be used in tandem with several of the options under
> consideration. That's amending our "other" governing document, the
> Articles of Incorporation.
> 
> Articles of Incorporation are usually general documents that are
> usually rarely amended except in "break the glass" situations. The LNC
> is incorporated in the District of Columbia, and the Articles of
> Incorporation establish that we will have Bylaws, among other things.
> DC law authorizes electronic meetings if they are authorized by the
> organization's Articles of Incorporation or Bylaws. DC Code §
> 29–405.01(e).
> 
> Under DC law (DC Code § 29–408.03), amending the Articles of
> Incorporation is a two-step process. First, the Board (the LNC) must
> approve the amendment. Second, it must be transmitted to and approved
> by the members by majority vote, so long as at least 10% of all
> members participate in the vote. (This is usually done at other orgs
> by mail or email.)
> 
> So if we wanted to move straight to online ballots, or postpone with
> the subsequent fallback option of online ballots, we could move to
> amend the AofI to state that "Remote participation and online
> balloting is authorized for conventions where (insert appropriate
> caveats), notwithstanding the Bylaws or RONR." If the LNC approves, it
> would then go to the membership and they decide, up or down.
> 
> This approach would remove the worry that states will remove us from
> the ballot for not complying with our internal rules, or of RONR not
> allowing us to proceed electronically unless authorized by our
> internal rules. Page 11 of RONR acknowledges that Articles of
> Incorporation supersede Bylaws and RONR.
> 
> I have spoken to Mr. Hall, who identified no issues with it and agrees
> it's an option we can consider.
> 
> JBH
> 
> ------------
> Joe Bishop-Henchman
> LNC Member (At-Large)
> joe.bishop-henchman at lp.org
> www.facebook.com/groups/189510455174837