<div dir="ltr"><div><div>My opinion on this subject has been on the record and well known since 2011.<br><br></div>I do want to make a point about the following statement by the Chair:<br><br></div><div style="margin-left:40px">NS: "It is important to understand what a motion to rescind can and cannot do to understand the effect of the Judicial Committee ruling. Under Robert's, motions to rescind cannot undo what has been done."<br></div><div><br></div><div>This is not an accurate representation of what Robert's says, as it leaves out a really important qualification. Let's take a look at the verbatim wording from Robert's (11th ed, p. 308) (underline/bold added by me for emphasis):<br><br><div style="margin-left:40px">"ACTIONS THAT CANNOT BE RESCINDED OR AMENDED. The motions to Rescind and to Amend Something Previously Adopted are not in order under the following circumstances:<br></div><div style="margin-left:40px"><br></div></div><div style="margin-left:40px">a) ...<br></div><div><div style="margin-left:40px"><br>b) When something has been done, as a result of the vote on the main motion, <b><u>that is impossible to undo</u></b>. (The unexecuted part of an order, however, can be rescinded or amended.)<br></div><div style="margin-left:40px"><br>..."<br></div></div><div><br></div><div>The only thing that was required to recognize the Wagner group following the 2011 JC ruling was to change a link on our website and start emailing monthly data dumps to a different email address. Those same steps would be taken to comply with this new JC ruling. <br><br>Which of those two things is allegedly impossible to undo? We can't change the links on our website or send future emails to a different email address? Obviously these are rhetorical questions, as we can do both of those things easily.<br><br></div><div>-Alicia<br><br></div><div><br><br><br></div></div><div class="gmail_extra"><br><div class="gmail_quote">On Tue, Sep 15, 2015 at 8:08 AM, Nicholas Sarwark <span dir="ltr"><<a href="mailto:chair@lp.org" target="_blank">chair@lp.org</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">All,<br>
<br>
I assume that you all have had a chance to read the document forwarded<br>
to this list by the Secretary and myself.<br>
<br>
There are a number of procedural defects in how the Judicial Committee<br>
came to meet, whether notice was proper, whether the issue they took<br>
up was actually authorized by the Bylaws, whether the explicit<br>
enumeration of causes in the Bylaws precludes rescinding a prior<br>
decision four years after the fact, etc. Any one or more of those<br>
would make the decision we received invalid. If anyone would like to<br>
discuss the specifics of those issues, I'm happy to do so.<br>
<br>
However, I think it's more productive to proceed with the decision we<br>
received and leave what to do about the process that allowed it to<br>
occur to the delegates in convention in Orlando in 2016.<br>
<br>
By a vote of 4-2, the current Judicial Committee decided to rescind<br>
the decision of the prior Judicial Committee in Wagner v. LNC. Wagner<br>
v. LNC reversed decisions of the Executive Committee of the LNC that<br>
constructively disaffiliated the Libertarian Party of Oregon without<br>
the appropriate vote of the full LNC by recognizing officers and<br>
bylaws different from those recognized under state law as the officers<br>
of the Libertarian Party of Oregon, which is organized as a political<br>
party under the laws of the state of Oregon.<br>
<br>
For reference, the three Executive Committee motions originally adopted are:<br>
"--------------------------Motion 1------------------------<br>
Based upon the available evidence, the Executive Committee of the<br>
Libertarian National Committee finds that the Bylaws of the<br>
Libertarian Party of Oregon (as amended March 14-15, 2009) are the<br>
Bylaws of the Libertarian Party of Oregon, and that these bylaws have<br>
been in effect since March 15, 2009. (This motion was adopted by a<br>
vote of 6-1.)<br>
--------------------------Motion 2------------------------<br>
Based upon the available evidence, the Executive Committee of the<br>
Libertarian National Committee recognizes as the officers of the<br>
Libertarian Party of Oregon those people elected by the State<br>
Committee during its meeting on May 21, 2011. They are:<br>
Chair: Tim Reeves<br>
Vice chair: Eric B. Saub<br>
Secretary: Carla J. Pealer<br>
Treasurer: Gregory Burnett<br>
(This motion was adopted by a vote of 6-1.)<br>
--------------------------Motion 3------------------------<br>
The Executive Committee of the Libertarian National Committee urges<br>
the members of the Libertarian Party of Oregon to work together to<br>
resolve their disagreements. (This motion was adopted by a vote of<br>
7-0.)"<br>
<br>
It is important to understand what a motion to rescind can and cannot<br>
do to understand the effect of the Judicial Committee ruling. Under<br>
Robert's, motions to rescind cannot undo what has been done. If a<br>
body votes to paint a building green, then paints the building green,<br>
a subsequent motion to rescind the decision to paint the building<br>
green does not unpaint the building, nor does it repaint the building<br>
a different color. New action by the body is required to repaint the<br>
building.<br>
<br>
Accordingly, rescinding the decision that reversed the motions of the<br>
Executive Committee listed above has the effect of saying that the<br>
current Judicial Committee disagrees with the decision of the prior<br>
Judicial Committee. It also reinstates the sense of the Executive<br>
Committee in 2011 that "based on the available evidence" a certain<br>
group of people and a certain set of bylaws were the correct ones for<br>
the Libertarian Party of Oregon.<br>
<br>
However, in the subsequent four years, perhaps in the spirit of<br>
"work[ing] together to resolve their disagreements," there has been<br>
extensive litigation in Oregon state courts over who controls the<br>
Libertarian Party of Oregon, a political party organized and governed<br>
by Oregon state law. The result of that litigation has been that the<br>
Libertarian Party of Oregon is presently chaired by Lars Hedbor. The<br>
rival group, presently chaired by Ian Epstein, has been ordered to act<br>
as a Political Action Committee, as there may not be more than one<br>
political party referred to as the "Libertarian Party of Oregon."<br>
There is an appeal pending, but the decision of the lower court was<br>
not stayed on appeal, so the lower court decision stands.<br>
<br>
The Libertarian Party of Oregon has nominated and run many Libertarian<br>
candidates for public office in the last four years, including placing<br>
Gary Johnson and Jim Gray on the ballot in 2012 as the Presidential<br>
and Vice Presidential nominees, as required by the affiliation<br>
agreement between the Libertarian National Committee and the<br>
Libertarian Party of Oregon.<br>
<br>
The LNC affiliates with state Libertarian parties. Some of those<br>
parties are allowed or required to organize under state laws, some are<br>
not. In Oregon, the LNC is affiliated with the Libertarian Party of<br>
Oregon, an Oregon political party.<br>
<br>
If the members of the Libertarian National Committee feel that the<br>
Oregon political party, the Libertarian Party of Oregon, should no<br>
longer be our affiliate in the state of Oregon, for whatever reason, a<br>
motion to disaffiliate that political party as our state affiliate is<br>
in order. Until such time as such a motion is moved and passes, it is<br>
my intent as Chair of the Libertarian National Committee to maintain<br>
the affiliate agreement with the Oregon political party, the<br>
Libertarian Party of Oregon. This would not and will not change<br>
should future litigation change who is in control of that political<br>
party.<br>
<br>
Yours in liberty,<br>
<br>
Nick<br>
<br>
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</blockquote></div><br></div>