<div dir='auto'>I agree with Sam. This is something to be considered by the future lnc.<div dir="auto"><br></div><div dir="auto">This goes beyond the scope of this meeting but more importantly the possible ramifications are not inconsiderable and I would need far more deliberation. Nor am I confortable intentionally circumventing bylaws designed to be set by the delegates in such a way.<br><br><div data-smartmail="gmail_signature" dir="auto">John Phillips<br>Libertarian National Committee Region 6 Representative<br>Cell 217-412-5973</div></div></div><div class="gmail_extra"><br><div class="gmail_quote">On Apr 30, 2020 4:41 PM, Joe Bishop-Henchman via Lnc-business <lnc-business@hq.lp.org> wrote:<br type="attribution" /><blockquote class="quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex"><p dir="ltr">According to the present Articles of Incorporation, the LNC, Inc is the
<br>
"operational arm" of the Libertarian Party having "control and
<br>
management of all the affairs, properties and funds of the Libertarian
<br>
Party."
<br>
<br>
As for members, DC law uses the term "members entitled to vote," which
<br>
is further defined as "A person that has the right, in accordance with
<br>
the articles of incorporation or bylaws, and not as a delegate, to
<br>
select or vote for the election of directors or delegates or to vote on
<br>
any type of fundamental transaction."
<br>
<br>
JBH
<br>
<br>
------------
<br>
Joe Bishop-Henchman
<br>
LNC Member (At-Large)
<br>
joe.bishop-henchman@lp.org
<br>
www.facebook.com/groups/189510455174837
<br>
<br>
On 2020-04-30 17:22, Tim Hagan via Lnc-business wrote:
<br>
> The amendment would have to be transmitted to all of the 142,482
<br>
> members. The ones without a good e-mail address would have be snail
<br>
> mailed, which could be a significant cost.
<br>
>
<br>
> My understanding is that the Article of Incorporation govern the LNC,
<br>
> Inc., but not the Libertarian Party. Is that not true?
<br>
>
<br>
> ---
<br>
> Tim Hagan
<br>
> Treasurer, Libertarian National Committee
<br>
>
<br>
> On 2020-04-30 13:24, Joe Bishop-Henchman via Lnc-business wrote:
<br>
>> Colleagues,
<br>
>>
<br>
>> I would like to put forward a mechanism that I don't believe has come
<br>
>> up yet, that can be used in tandem with several of the options under
<br>
>> consideration. That's amending our "other" governing document, the
<br>
>> Articles of Incorporation.
<br>
>>
<br>
>> Articles of Incorporation are usually general documents that are
<br>
>> usually rarely amended except in "break the glass" situations. The LNC
<br>
>> is incorporated in the District of Columbia, and the Articles of
<br>
>> Incorporation establish that we will have Bylaws, among other things.
<br>
>> DC law authorizes electronic meetings if they are authorized by the
<br>
>> organization's Articles of Incorporation or Bylaws. DC Code §
<br>
>> 29–405.01(e).
<br>
>>
<br>
>> Under DC law (DC Code § 29–408.03), amending the Articles of
<br>
>> Incorporation is a two-step process. First, the Board (the LNC) must
<br>
>> approve the amendment. Second, it must be transmitted to and approved
<br>
>> by the members by majority vote, so long as at least 10% of all
<br>
>> members participate in the vote. (This is usually done at other orgs
<br>
>> by mail or email.)
<br>
>>
<br>
>> So if we wanted to move straight to online ballots, or postpone with
<br>
>> the subsequent fallback option of online ballots, we could move to
<br>
>> amend the AofI to state that "Remote participation and online
<br>
>> balloting is authorized for conventions where (insert appropriate
<br>
>> caveats), notwithstanding the Bylaws or RONR." If the LNC approves, it
<br>
>> would then go to the membership and they decide, up or down.
<br>
>>
<br>
>> This approach would remove the worry that states will remove us from
<br>
>> the ballot for not complying with our internal rules, or of RONR not
<br>
>> allowing us to proceed electronically unless authorized by our
<br>
>> internal rules. Page 11 of RONR acknowledges that Articles of
<br>
>> Incorporation supersede Bylaws and RONR.
<br>
>>
<br>
>> I have spoken to Mr. Hall, who identified no issues with it and agrees
<br>
>> it's an option we can consider.
<br>
>>
<br>
>> JBH
<br>
>>
<br>
>> ------------
<br>
>> Joe Bishop-Henchman
<br>
>> LNC Member (At-Large)
<br>
>> joe.bishop-henchman@lp.org
<br>
>> www.facebook.com/groups/189510455174837
<br>
</p>
</blockquote></div><br></div>