[Lnc-business] Amending Articles of Incorporation

[Whitney Bilyeu]

No thanks.

On Thu, Apr 30, 2020 at 3:24 PM Joe Bishop-Henchman via Lnc-business <
lnc-business at hq.lp.org> 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
>


-- 
*Whitney Bilyeu*
Libertarian National Committee
Region 7 Representative
281.433.4966
LP.ORG