[Lnc-business] Fwd: LPCA Resolution

[Caryn Ann Harlos]

California will prove a ripe ground for obtaining JC appeal signatures, I
am sure.

*In Liberty,*

* Personal Note:  I have what is commonly known as Asperger's Syndrome
(part of the autism spectrum).  This can affect inter-personal
communication skills in both personal and electronic arenas.  If anyone
found anything offensive or overly off-putting (or some other social faux
pas), please contact me privately and let me know. *



On Fri, May 1, 2020 at 4:35 PM Richard Longstreth via Lnc-business <
lnc-business at hq.lp.org> wrote:

> 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
>
> Sent from my Mobile Device
>
> ---------- 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.
>
> Sent from my iPhone
>