[Lnc-business] Fwd: LPCA Resolution

[Richard Longstreth]

Below is a resolution from the LP of California

Richard Longstreth
Region 1 Representative (AK, AZ, CO, HI, KS, MT, NM, OR, UT, WA, WY)
Libertarian National Committee
richard.longstreth at lp.org
931.538.9300

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---------- Forwarded message ---------
From: Mimi Robson <hmrobson at ca.lp.org>
Date: Fri, May 1, 2020, 15:23
Subject: LPCA Resolution
To: <richard.longstreth at lp.org>, Jeff Hewitt <hdigger2004 at aol.com>


The LPC has passed the following resolution with a vote of 13-0-1 with one
member not voting.

*RESOLUTION OF THE LIBERTARIAN PARTY OF CALIFORNIA*

*WHEREAS*, California law requires the Libertarian Party of California to
notify the Secretary of State of the fifty-five electors for President and
Vice President of the United States by October 1, per California Election
Code 7578; and

*WHEREAS*, the Libertarian Party of California’s Bylaws state: Bylaw 23,
Section 3: The candidates nominated for President and Vice-President at the
Libertarian Party national convention shall appear on the California
general election ballot as the Libertarian Party’s nominees for those
offices, regardless of the presidential preference primary results; and

*WHEREAS*, the Libertarian Party National Bylaws provides, among other
things, in Article 16, that “the current edition of Robert’s Rules of
Order, Newly Revised” shall govern; and

*WHEREAS*, Libertarian Party National Bylaws further provides only one
mechanism in Article 17(1) to amend the bylaws “by a 2/3 vote of the
delegates at any Regular Convention”; and

*WHEREAS*, the Libertarian Party National Bylaws further provides, in
Article 7, that the National Committee’s actions must be “constituent with
these bylaws;” and

*WHEREAS*, the Libertarian Party National Bylaws further provides for a
Regular Convention, which is an “annual meeting” under Robert's Rules of
Order 11th Edition; and

*WHEREAS*, the Libertarian Party National Bylaws further provides in
Article 10(1) that “Regular Conventions shall be held sometime during the
period of July of an odd-numbered year through August of an even-numbered
year;” and

*WHEREAS*, the Libertarian Party National Bylaws further provides in
Article 10(1) that “All business required to be conducted at Regular
Conventions shall be conducted at Regular Conventions only;” and

*WHEREAS*, the Libertarian Party National Bylaws further provides in
Article 14(1) that “nominations of candidates for President and
Vice-President of the United States may be made only at the Regular
Convention immediately preceding a Presidential election;” and

*WHEREAS*, the Libertarian Party National Convention Special Rules of Order
in Rule 1 define an order of business of the “Nomination of Party
candidates for President and Vice-President (in appropriate years);” and

*WHEREAS*, the Libertarian Party National Bylaws further provides in
Article 10, Section 6 (e), that voting eligibility requires an
identification badge for admittance into the “convention hall;” and

*WHEREAS*, the Libertarian Party National Bylaws further provides in
Article 10(10) and in Article 15, regarding voting methods being conducted,
that the special convention rules be followed; and

*WHEREAS*, the Libertarian Party National Convention Special Rules of Order
provides an order of business, the provisions of rising votes, objections,
appeals, and other items, including procedures on bylaws and platform
votes, nominating speeches, and other items; and

*WHEREAS*, Robert's Rules of Order 11th Edition provides in Article IV,
Sections 8 and Section 9, specifically does not permit online or
electronically called meeting unless specifically and explicitly authorized
in the bylaws; and

*WHEREAS*, Robert's Rules of Order 11th Edition provides in Article IV
Section 9 a strong warning against the use of electronic meetings without
great consideration and codification of special rules of order; and

*WHEREAS*, the Libertarian Party National Bylaws further provides in
Article 12 that the National Committee may conduct a meeting “by
teleconference or videoconference,” but no such provision exists for
conventions; and

*WHEREAS*, the Libertarian Party National Bylaws further provides under
Article 14(3), the National Committee is only permitted to fill vacancies
“[i]n the event of the death, resignation, disqualification or suspension
of the nomination of the Party's nominee for President;” and

*WHEREAS*, no Judicial Committee has been duly elected at Convention, as
listed by the Libertarian Party National Convention Special Rules of Order
in Rule 1, and therefore there is no internal mechanism to adjudicate any
appeals or other items, including the items at issue in this resolution; and

*WHEREAS*, the COVID-19 outbreak has presented several difficult choices
for the National Committee, including (i) calling an abbreviated in person
convention to make bylaws changes, (ii)  postponing the 2020 national
convention, and/or (iii) simply filling the positions as a vacancy under
the National Committee’s vacancy filling powers; and

*WHEREAS*, the COVID-19 outbreak has likewise presented difficulties and
choices for delegates in their ability or willingness to attend any
national convention until the threat subsides; and

*WHEREAS*, during the COVID-19 outbreak, at least in terms of deadlines and
signature requirements, the federal courts appear ready and willing to
willing to waive or reduce such requirements under the *Anderson-Burdick* test,
in ballot access litigation, such as was done in Illinois, Michigan, and
other states; and

*WHEREAS*, venues in Austin, Texas appear to be closed or at
significantly-reduced capacity due to COVID-19, including the original
convention hall, making the abbreviated in person convention option in May
unlikely if not impossible; and

*WHEREAS*, a full blown, Roberts’ compliant online convention (if such a
convention were authorized in the party’s bylaws, which it is currently
not) with more than 1000 delegates attending, making any motions they
desire, being recognized, and business conducted, is likely going to be
impossible; and

*WHEREAS*, this state affiliate also recognizes the difficult position, the
Convention Oversight Committee has been placed in; and

*WHEREAS*, Robert’s Rules of Order 11thEdition, provide in Article IV,
Sections 8, likewise requires advance notice to be given to members for
annual convention; and

*WHEREAS*, the Libertarian Party claims to be the “party of principle,”
which, at a minimum, requires adherence by the National Committee to the
duly enacted bylaws of its members; and

*WHEREAS*, the Libertarian Party of California has obtained the opinions of
inside and outside legal counsel, concerning those options and their
repercussions on this state affiliate and its continued ballot access;

*NOW THEREFORE*, the Libertarian Party of California *RESOLVES AS FOLLOWS*:

1.       The National Committee *not*, *under any circumstances*, violate
the party’s own bylaws and convention rules, which (a) renders any
nominations invalid and/or subject to legal challenge in California, and
(b) would demonstrate that the National Committee puts principles aside for
expediency, and is no better than politicians around the country that are
currently bending constitutional rules for their own expediency; and

2.      Should the National Committee choose to violate the party’s own
bylaws and convention rules, the California affiliate will be forced to do
what is necessary to protect itself against the national party’s
aggression, misfeasance and malfeasance, including, if necessary, not
placing candidates for President and Vice President on the ballot line in
California; and

3.      That no online convention be called without a bylaws amendment that
would (i) curtail the agenda to nominations for office and voting, and (ii)
would further permit such a meeting; without which an online convention is
impossible, both legally, practically, and feasibly; and

4.      This state affiliate respects the judgment of the Convention
Oversight Committee and National Committee otherwise, to postpone the
meeting to June or July, when it appears more likely that venues may be
open for the conducting of such business.

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