Wednesday, June 25, 2014

Bylaws Committee Survey

The bylaws committee will meet on Thursday, June 26, 2014 starting at 11:00 am (EDT) at the Libertarian National Convention in Columbus, OH (Nationwide A, 1st floor of the Hyatt Regency Columbus).

Monday, May 12, 2014

Bylaws Committee Report

The 2014 LP Bylaws Committee met on Friday, February 28, 2014 in Alexandria, VA. It issued a preliminary report, which was subsequently slightly modified (introductory language to proposals only) by a style committee consisting of Alicia Mattson, Nick Sarwark, and Aaron Starr.

This report will form the basis of an email survey soliciting LP member input on bylaws proposals. The report may be modified at the next meeting of the bylaws committee, set to take place on Thursday, June 26, 2014 starting at 11:00 am (EDT) at the Libertarian National Convention in Columbus, OH.

Downloads:

Friday, February 28, 2014

meeting agenda - February 28, 2014

The meeting agenda and a version of the bylaws that is searchable can be downloaded below:

Proposal #36: Additional jurisdiction for Judicial Committee

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Rich Tomasso.


  • Problem: We were exposed to a problem with an affiliate this year in which the members seemed to have no recourse for a non-functioning board, even one that was apparently in complete violation of their bylaws. At one point the only option seemed like disaffiliation, which seemed extreme.
  • Solution: Allow the national Judicial Committee to serve as a similar resource to our affiliates, if necessary.
  • Benefits: Helps avoid situations were a non-functioning affiliate leadership can sink an affiliate by inaction or malfeasance and there is nothing the members can do about it. Also gives affiliates without a judicial committee a means to solve problems in a similar manner.

Bylaws of the Libertarian Party

Article 9: Judicial Committee

  1. The subject matter jurisdiction of the Judicial Committee is limited to consideration of only those matters expressly identified as follows:
    1. suspension of affiliate parties (Article 6, Section 6),
    2. suspension of officers (Article 7, Section 8),
    3. suspension of National Committee members-at-large (Article 8, Section 5),
    4. voiding of National Committee decisions (Article 8, Section 13),
    5. challenges to platform planks (Rule 5, Section 7),
    6. challenges to Resolutions (Rule 6, Section 2), and
    7. suspension of Presidential and Vice-Presidential candidates (Article 14, Section 5)., and
    8. service as a committee of recourse by members of affiliates without a similar functional committee to handle disputes or breach of affiliate rules.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Wednesday, February 26, 2014

Proposal #35: Decisions of the Judicial Committee binding

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Nick Sarwark.


  • Problem:
  • Solution:
  • Benefits:

Bylaws of the Libertarian Party

Article 9: Judicial Committee

  1. Decisions of the Judicial Committee shall be binding on the LNC and any subcommittees or organizations that are authorized to use LNC resources.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #34: Suspending Regional Representatives

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Rich Tomasso.


  • Problem: Currently the only way to remove a regional representative from the LNC is for the state chairs within the region to make an affirmative vote to do so. No matter what the regional rep does, how disruptive they are, if they breach confidentiality or even fail to show up to meetings, the LNC can do nothing about it.
  • Solution: Allow for a significant super-majority of the entire LNC to suspend a regional representative for cause. This would follow the same process as suspending an at-large representatives, including appeal. Remove contradiction in bylaws to also allow for removing a regional rep that does not attend LNC meetings.
  • Benefits: This will provide a safety valve if the state chairs within the region cannot be contacted or affiliates become dormant and cannot act to direct the conduct of their regional representative, or if the remaining affiliates want to remove their rep but do not have a majority of active affiliates to conduct a vote. Libertarians believe our actions have consequences and officials should be held accountable for their actions. This proposal applies more consistent rules to all members of the LNC, no longer creating a special class with little to no consequences for their actions.

Bylaws of the Libertarian Party

ARTICLE 8: NATIONAL COMMITTEE

  1. A National Committee Regional Representative may be removed and replaced only by the act of the affiliate parties which constitute the subject region. The voting procedure for the removal and replacement of regional representatives shall be determined by the regions. In the absence of any such procedures, a majority vote of the state chairs shall prevail. The National Committee may, for cause, suspend any Regional Representative by a vote of 3/4 of the entire National Committee following the same procedure for suspending a member-at-large.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #33: Adjust Structure of the LNC

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Rich Tomasso.


  • Problem: Currently the LNC includes a significant number of members with no portfolio, official responsibility or constituency. That seems a problem for a board of directors. There has also been a perception that the LNC is not as connected with the affiliates and general membership as it should be.
  • Solution: Adjust the structure of the LNC by reducing the number of at-large representatives and increasing the number of regional representatives. Also remove some reduntant language from the bylaw.
  • Benefits: This will make it easier to form Regions, which in a few cases has been a challenge, especially if the overall party membership declines. It should allow for a greater diversity of opinion on the LNC, and have more committee members in regular contact with affiliates to share news and ideas with the LNC. And we will have fewer LNC members with no official responsibility or portfolio.

Bylaws of the Libertarian Party

ARTICLE 8: NATIONAL COMMITTEE

  1. The National Committee shall be composed of the following members:
    1. the officers of the Party;
    2. five three members elected at-large by the delegates at a Regular Convention; and
    3. any additional Regional Representative members as specified below:
      Any affiliate party with 10% or more of the total national party sustaining membership within affiliate parties (as determined for delegate allocation) shall be entitled to one National Committee representative and one alternate for each 10% of national sustaining membership. One or more affiliate parties may, by mutual consent, band together to form "representative regions," and each such "region" with an aggregate national party sustaining membership of 10 8.25% or more shall be entitled to one National Committee representative and one alternate for each 10 8.25% of national party sustaining membership. "Representative regions" may be formed or dissolved once every two years during a period beginning 90 days before the beginning of and ending on the second day of the National Convention, and notice of new formations or dissolutions must be given in writing to the national Secretary prior to the close of the Convention at which they take place.
Convention Special Rules of Order of the Libertarian Party

RULE 8: ELECTION OF OFFICERS AND NATIONAL COMMITTEE
  1. Nominations for the at-large members of the National Committee shall be from the floor. The election shall be conducted in the following manner:
    1. Each delegate may cast up to five three votes, but no more than one vote for any one candidate.
    2. Each delegation shall tabulate its total vote, and the delegation chair shall deliver a written total to the Secretary. When all delegations have submitted their votes, the Secretary shall declare the voting closed.
    3. At this point, an announcement of each delegation's vote total shall be made by delegation chairs in alphabetical order beginning with a randomly selected delegation.
    4. Those five three candidates receiving the highest vote totals shall be declared elected. If a tie vote affecting the outcome of the election occurs, another ballot for the remaining offices shall be held with each delegate allowed to cast as many votes as there are offices to fill.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #32b: add Per-capita measure of affiliates to committee appointment process

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Rich Tomasso.


  • Problem: Big population states have an oversized influence on LP business.
  • Solution: Use a per-capita measure for some committee appointments to balance the influence between high and low population states.
  • Benefits: Gives smaller states an incentive to increase membership. Also reflects the greater impact a marginal increase in Libertarians will have in a lower population state than in a large one.

Bylaws of the Libertarian Party

ARTICLE 12: OTHER COMMITTEES

  1. The Platform Committee shall consist of 20 members selected as follows:
    1. One member by each of the five affiliate parties having the greatest per capita sustaining membership as determined for Convention delegate allocations at the most recent Regular Convention. These members shall be selected no later than the last day of the fifth month prior to the Regular Convention.
    2. One member by each of the ten five affiliate parties having the largest sustaining memberships, excluding those affiliates with the greatest per-capita membership from (a), as determined for Convention delegate allocations at the most recent Regular Convention. These members shall be selected no later than the last day of the fifth month prior to the Regular Convention.
    3. Ten members appointed by the National Committee, including no less than five members from states other than the ten affiliate parties having the largest sustaining memberships as determined for Convention delegate allocations at the most recent Regular Convention from (a) and (b). These members shall be appointed no later than the last day of the fifth month prior to the Regular Convention.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #32a: Guaranteed Committee Seats by per capita membership rather than volume

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Matt Wittlief.


  • Problem: Current approach unnecessarily favors large states.
  • Solution: Move to a "per capita" basis for calculation.
  • Benefits: Rewards affiliates with successful membership penetration.

Bylaws of the Libertarian Party

ARTICLE 12: OTHER COMMITTEES

  1. The Platform Committee shall consist of 20 members selected as follows:
    1. One member by each of the ten affiliate parties having the largest per capita sustaining memberships as determined for Convention delegate allocations at the most recent Regular Convention. These members shall be selected no later than the last day of the fifth month prior to the Regular Convention.
    2. Ten members appointed by the National Committee, including no less than five members from states other than the ten affiliate parties having the largest per capita sustaining memberships as determined for Convention delegate allocations at the most recent Regular Convention. These members shall be appointed no later than the last day of the fifth month prior to the Regular Convention.
  2. The Credentials Committee, composed of ten members, shall be selected as follows.
    1. Five members chosen by the National Committee no later than six months before a Regular Convention.
    2. One member by each of the five affiliate parties having the largest per capita sustaining memberships as determined for Convention delegate allocations at the most recent Regular Convention. These shall be selected by each of the affiliate parties no later than one month prior to the Regular Convention.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Sunday, February 23, 2014

Proposal #31: use token system mirroring platform process to show support for recommendations

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Rich Tomasso.


  • Problem: Many delegates feel too much time is taken up with updating the Bylaws. Many delegates feel most of these updates are obvious and needed do not require hours of debate when there is a clear supermajority support for the proposals. The end result is frustration with this part of the convention business among a significant percentage of the Convention.
  • Solution: Follow the same basic procedure we use for the Platform, except give each delegate the opportunity in advance to show their support for Bylaws recommendations. Signalling to the convention which ones have support and which do not, and move to an immediate vote on those showing a significant level of support.
  • Benefits: This would save a significant amount of time for recommendations that have the support of the delegates saving debate time for recommendations for which there are concerns, lack of consensus or a need to debate a point.

Convention Special Rules of Order of the Libertarian Party

RULE 4: DEBATING AND VOTING -- BYLAWS AND RULES

  1. After the adoption of the convention agenda, the convention will vote whether to approve recommendations made by the committee. This will be accomplished as follows:
    1. The Credentials Committee shall issue five signature tokens to each delegate at registration.
    2. Tokens shall only be issued to delegates. Delegates are responsible for transferring possession of unused tokens to their alternates if necessary.
    3. Each delegate may cast each token as an approval for passage of one recommendation by noting on the token the recommendation to be approved and signing the token.
    4. A delegate may cast multiple tokens for approval of the same recommendation.
    5. Delegates will be given until one hour prior to the scheduled start of the bylaws report to mark their tokens and deliver them to the Secretary.
    6. Prior to the scheduled start of the bylaws report, the Secretary shall review the tokens received and tabulate and report the tokens submitted for adoption of each recommendation.
    7. As its first item of bylaws business, the convention shall vote whether to approve each of those recommendations that received a number of tokens for passage equal to 20% or more of the number of credentialed delegates. Such votes shall be cast without amendment or debate.
  1. The Chair of the Bylaws and Rules Committee shall report each recommendation of the Committee to the Convention separately and shall have two minutes to explain the intent or purpose of the proposed amendment(s). The Convention Chair shall open each recommendation to discussion without amendment from the floor. Each recommendation shall be considered and adopted separately, with a maximum of eight minutes discussion on any recommendation. After the discussion, the Convention Chair shall bring the recommendation to a vote. If the recommendation fails, the Convention Chair shall open the recommendation to amendment for an additional 10 minutes.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #30: consent recommendation at start of bylaws report

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Rich Tomasso.


  • Problem: Many delegates feel too much time is taken up with updating the Bylaws. Many delegates feel most of these updates are obvious and needed do not require hours of debate when there is a clear supermajority support for the proposals. The end result is frustration with this part of the convention business among a significant percentage of the Convention.
  • Solution: Allow the Bylaws and Rules Committee to propose a set of recommendations as one motion. This is similar to a Consent Calendar used by legislative bodies.
  • Benefits: This would save a significant amount of time for recommendations that have unanimous consent among the committee, saving debate time for those recommendations for which there are concerns, lack of consensus or a need to debate a point.

Convention Special Rules of Order of the Libertarian Party

RULE 4: DEBATING AND VOTING -- BYLAWS AND RULES

The Chair of the Bylaws and Rules Committee shall report each recommendation of the Committee to the Convention separately and shall have two minutes to explain the intent or purpose of the proposed amendment(s). The Convention Chair shall open each recommendation to discussion without amendment from the floor. The committee may submit a slate of up to ten (10) recommendations as a single consent recommendation to be voted up or down. This recommendation must be posted at least one hour before the start of regular convention business. No recommendation may be placed into the consent recommendation if there is an objection from any member of the Committee. If it is not approved by the Convention, then each recommendation shall be considered separately. Each recommendation shall be considered and adopted separately, with a maximum of eight minutes discussion on any recommendation. After the discussion, the Convention Chair shall bring the recommendation to a vote. If the recommendation fails, the Convention Chair shall open the recommendation to amendment for an additional 10 minutes.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Friday, February 21, 2014

Proposal #29: Change Order of Business to Conduct Elections Earlier

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Nick Sarwark.


  • Problem: Elections for LNC occur late in the convention business when many delegates have already left and there are potentially quorum problems.
  • Solution: Move LNC elections earlier in the convention order of business.
  • Benefits: More participation from more delegates in the election process.

Convention Special Rules of Order of the Libertarian Party

RULE 1: ORDER OF BUSINESS

The standing order of business for a Regular Convention shall be as follows:

  1. Call to order
  2. Credentials Committee report
  3. Adoption of agenda
  4. Treasurer's report
  5. Bylaws and Rules Committee report
    Election of Party Officers and at-large members of the National Committee
  6. Platform Committee report
    Election of Judicial Committee
  7. Nomination of Party candidates for President and Vice-President (in appropriate years)
  8. Election of Party Officers and at-large members of the National Committee
    Bylaws and Rules Committee report
  9. Election of Judicial Committee
    Platform Committee report
  10. Resolutions
  11. Other business


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Thursday, February 20, 2014

Proposal #28: Make LNC Email Discussion More Transparent

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Chuck Moulton.


  • Problem: Any Libertarians Party member may attend and record Libertarian National Committee meetings. They also may access an archive of the LNC Business email list, which includes mail ballots, agendas, and previous notice for motions. However, there is currently no official mechanism for following party business in the form of discussions on the LNC Discuss email list.

    http://hq.lp.org/pipermail/lnc-business_hq.lp.org/

    Over the last LNC term At-Large member Starchild has forwarded much of the discussion from the LNC Discuss list to a Yahoo Group in the interest of transparency. It would have been far easier to simply make the LNC Discuss list archives public in the same way the LNC Business list archives are public.
  • Solution: Harmonize the language with what actually happens (making an archive public rather than letting people subscribe to the email list for the LNC Business list) and extend those archives to include the LNC Discuss list as well.

    Note: Privileged and confidential information already is supposed to be conveyed via direct email CCing the LNC attorney or on a conference call in executive session rather than on the LNC Discuss email list.
  • Benefits: Increases Libertarian National Committee transparency.

Bylaws of the Libertarian Party

ARTICLE 8: NATIONAL COMMITTEE

  1. The Secretary or a designee shall promptly post notice for each session of the National Committee; any National Committee proposed agendas; and approved minutes of each Convention and open National Committee session to a permanent archive section on the Party’s website. Any person may record the National Committee’s proceedings while in open session, or subscribe to a read-only access archives of an email list on which LNC votes are recorded and of an email list on which non-confidential discussions take place.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #27: Allow Multi-Year Dues

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Chuck Moulton.


  • Problem: We do not accept dues for multiple years (except life memberships). Getting money in advance is good business.

    Dues payments extend membership from the date of receipt, which means a member who renews in July for a membership that expires in January loses 6 months of value. This is not what people expect when they pay their dues early.
  • Solution: Allow multi-year memberships and extend unexpired renewals from the old expiration date rather than the date of receipt.
  • Benefits: Better customer service.

Bylaws of the Libertarian Party

ARTICLE 5: MEMBERSHIP

  1. “Sustaining member” is any Party member who has given at least $25 to the Party in the prior twelve months paid yearly dues of $25 to the Party for the 12 month window which includes today, or who is a life member. Multi-year payments shall be allowed, for a maximum of 10 years (excluding life memberships). If a renewal payment is received before expiration, the new expiration date shall be extended from the old expiration date (rather than the date of receipt).


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #26: Protect Party Name Rights for Affiliates

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Alicia Mattson.


  • Problem: Though the LNC has a registered trademark on the name "Libertarian Party", and though the bylaws already state that no organization may use that name except an affiliate party, the reality is that intellectual property laws are quite complex. If the LNC were to disaffiliate an existing affiliate for cause and constitute another affiliate in that same state, a state government might allow the previous affiliate to continue to use the name and require that the new affiliate place candidates on the ballot with a party label other than "Libertarian Party."
  • Solution: Increase the likelihood of the national party being able to successfully protect the use of the name for our current affiliates by having all affiliates sign agreements that the national party owns the name.
  • Benefits:

Bylaws of the Libertarian Party

ARTICLE 6: AFFILIATE PARTIES

  1. No person, group or organization may use the name "Libertarian Party" or any confusingly similar designation except the Party or an organization to which the Party grants affiliate party status or as otherwise provided in these bylaws. At any Regular Convention, no delegates may be seated from an affiliate that does not have on file with the Party a signed and notarized agreement that acknowledges the Party's exclusive ownership of the name "Libertarian Party". The National Committee shall adopt such a standard agreement to be used by all affiliates.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #25: Require Affiliates to Respect Presidential Ticket

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Alicia Mattson.


  • Problem: The relationship between the Party and its affiliates should be one of mutual cooperation. But the legal reality is that the Party cannot place our Presidential ticket on any ballots, and we depend on cooperative affiliates to do that faithfully. But if a rogue affiliate decides to place candidates on the ballot other than the ones chosen by the Party, the only recourse currently available from the Party is for the LNC to disaffiliate them. That action may result in serious legal difficulties. The Party might lose ballot status in that state and have no time to qualify the nominated ticket for the current election cycle. The Party (rather than a new affiliate or the rogue affiliate that caused the situation) would likely be the one to pay for an expensive ballot access drive to re-gain that status for future elections. Thus the Party has to either do nothing in response to such rogue action, or it must shoot itself in the foot. Also, due to legal realities of varying state laws, the affiliate's Secretary of State might even continue to let the disaffiliated affiliate continue to operate and use the Party name, leaving the Party with a need to file legal action to defend its trademarked name.
  • Solution: Create an option for a less-serious consequence than disaffiliation for a rogue affiliate that does not respect our Party's choice of Presidential nominees. If it were disputed about whether an affiliate had "exhausted reasonable efforts" as described in this proposal, the question could be settled by a vote of the Convention at the time the Credentials Committee report is adopted.
  • Benefits:

Bylaws of the Libertarian Party

ARTICLE 6: AFFILIATE PARTIES

  1. No affiliate shall place on their state ballot for the general election any Presidential/Vice-Presidential ticket except the one chosen in accordance with these bylaws unless the affiliate is legally prevented from placing the Party-authorized nominees on the ballot and the affiliate has exhausted reasonable efforts to overcome such legal prohibition. Any affiliate who does not so respect the Party's ticket shall not be eligible to send any delegates to the Party's Conventions until convention delegates adopt a resolution with a two-thirds vote reinstating that affiliate's delegate seating privileges. This section shall not be construed so as to penalize an affiliate for using ballot access drive stand-in candidates, provided that the affiliate subsequently replaces the stand-in candidates with the Party-authorized nominees.
[re-number subsequent clauses]

ARTICLE 9: JUDICIAL COMMITTEE
  1. The subject matter jurisdiction of the Judicial Committee is limited to consideration of only those matters expressly identified as follows:
    1. suspension of affiliate parties (Article 6, Section 67),


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #23: Make Party’s Purpose More Focused

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Aaron Starr.


  • Problem: The bylaw that spells out our Party’s purpose is a laundry list of tasks, rather than a bold statement of what we want to accomplish.
  • Solution: Make our purpose emphasize what we want to accomplish – being an effective political party that changes public policy by electing our candidates to public office.
  • Benefits: A short statement of purpose better focuses us on our Party’s real mission.

Bylaws of the Libertarian Party

ARTICLE 3: PURPOSES

The Party is organized to implement and give voice to the principles embodied in the Statement of Principles by: functioning as a libertarian political entity separate and distinct from all other political parties or movements; moving public policy in a libertarian direction by building a political party that elects Libertarians to public office; chartering affiliate parties throughout the United States and promoting their growth and activities; nominating candidates for President and Vice-President of the United States, and supporting Party and affiliate party candidates for political office; and, entering into public information activities.

Our purpose is to defend freedom and expand liberty by electing Libertarian candidates to public office.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #22: Define in Advance the Agreement between the Party and the Presidential Campaign

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Aaron Starr.


  • Problem: The Bylaws specify that the LNC must provide "full support" to the national candidate selected by the delegates. Sometimes the Presidential nominee does not know what to reasonably expect from Party, nor does he or she understand what corresponding duty his or her campaign has to the Party. Such a situation can leave both parties disappointed.

    In the past, a contract between the candidate and the LNC has been signed sometimes one or two months after the nomination. The Bylaws do not create any strong incentive for that to happen promptly and by then it’s too late to set reasonable expectations.
  • Solution: Specify in the Bylaws that the National Committee shall publish at least six months in advance a contract that states what the Party will do to support the candidate should he or she becomes the nominee and what the nominee will do for the Party. The candidate need not sign the contract until just prior to the nomination.
  • Benefits: Having an agreement published in advance makes it clear to all parties what should be reasonably expected of each. And upon nomination, the Party shall already have a contract with the nominee, so time can be better spent campaigning, rather than negotiating support.

Bylaws of the Libertarian Party

ARTICLE 14: PRESIDENTIAL AND VICE-PRESIDENTIAL CAMPAIGNS

  1. Not less than six months prior to each Regular Convention whose order of business includes selecting Presidential and Vice Presidential nominees, the National Committee shall publish a contract specifying the terms by which the Party and the Presidential and Vice-presidential campaign shall assist and support each other. The Chair shall sign on behalf of the Party with anyone who otherwise qualifies and desires to be our candidate. Only those persons who have signed prior to the close of nominations and are in compliance with the contract shall be recognized as candidates and be eligible to be nominated for President or Vice-President.
[re-number subsequent clauses]


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #21: Removing Politics from Judicial Committee Decisions

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Aaron Starr.


  • Problem: The purpose of the Judicial Committee is to step in where there is a clear violation of the rules. Unfortunately, because the Judicial Committee makes decisions based on a simple majority, it runs the risk of devolving into another political body rather than one whose decisions are based on a clear application of the Bylaws. We have witnessed a similar problem in government, where the U.S. Supreme Court makes far-reaching decisions based on narrow 5-4 decisions.
  • Solution: Require that decisions of the Judicial Committee be made by unanimous consent and reduce the size of the body from seven to five to make it more likely that a unanimous decision can be reached.
  • Benefits: Contentious issues being decided by the narrowest of margins have created a credibility problem in the eyes of many. Requiring that decisions be unanimous will increase the Judicial Committee’s legitimacy and the likelihood that those decisions will be respected.

Bylaws of the Libertarian Party

ARTICLE 9: JUDICIAL COMMITTEE

  1. The Judicial Committee shall be composed of seven five Party members elected at each Regular Convention, and any five members shall constitute a quorum. The Judicial Committee shall act by a unanimous decision of its membership. No member of the National Committee may be a member of the Judicial Committee. The members of the Judicial Committee shall select the Chair of the Judicial Committee. The Judicial Committee shall take office immediately upon the close of the Regular Convention at which elected and shall serve until the final adjournment of the next Regular Convention. All Judicial Committee members shall have been Party members at least four years at the time of their selection.The remaining members of the Judicial Committee shall appoint new members if vacancies occur, such appointees to serve until the final adjournment of the next Regular Convention.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #19: Nominate Presidential and Vice Presidential Candidates as a Ticket

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Aaron Starr.


  • Problem: Delegates devote much attention to who will be selected as our Presidential nominee. Not so much for our Vice Presidential nominee. We often do not know who will emerge as a Vice Presidential Nominee until just before the nomination. And because the Presidential candidate did not run as a team with the Vice Presidential candidate while seeking the nomination, the Vice Presidential nominee is often not incorporated into the campaign afterward.
  • Solution: Nominate our Presidential/Vice Presidential nominees as a single ticket.
  • Benefits:

Bylaws of the Libertarian Party

ARTICLE 11: CONVENTIONS

  1. Votes cast for "None of the Above" in voting on the Party's nominees for President and Vice-President, the Party Officers, and at-large members of the National Committee, shall be considered valid. Should a majority of the votes be cast for "None of the Above" in the Presidential or /Vice-Presidential balloting, no candidates shall be nominated for that those offices. Should "None of the Above" be selected for any Party office, that position shall be declared vacant and none of the losing candidates for that position may be selected to fill the vacancy for that term of office.

ARTICLE 14: PRESIDENTIAL AND VICE-PRESIDENTIAL CAMPAIGNS
  1. 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. The Party’s nominees for President and Vice President shall be chosen as a slate.
  2. No candidate may be nominated for President or Vice-President who is ineligible under the United States Constitution, who has not expressed a willingness to accept the nomination of the Party as part of that slate, who served as a stand-in candidate during the current election cycle, or who is not a member of the Party. A stand-in is an individual who has agreed to be placed on a state affiliate’s nomination petition prior to the selection of nominees by the Libertarian Party at Convention.

Convention Special Rules of Order of the Libertarian Party

RULE 7: NOMINATION OF PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES
  1. No person slate shall be nominated for President or and Vice-President unless at least 30 registered delegates join in the nomination in writing submitted to the Chair. No delegate may join in nominating more than one candidate for each office slate. The affixing of signatures to a nominating petition per this requirement shall be effected by a transfer of signature tokens issued by the Credentials Committee.
  2. The Party's nominees for President and Vice President shall be chosen by majority vote. If no candidate slate has attained a majority, the candidate one with the fewest votes and any candidates polling less than 5% shall be struck from subsequent ballots. This procedure shall be repeated after every ballot in which no candidate slate has received a majority vote, until one candidate attains a majority.
  3. Each delegation shall tabulate its total vote, and the delegation chair shall deliver a written total to the Secretary. When all the delegations have submitted their votes, the Secretary shall declare the voting closed. At this point, an announcement of each delegation's vote total shall be made by delegation chairs in alphabetical order beginning with a randomly selected delegation.
  4. The Party's nominee for Vice-President shall be chosen by the same procedure as for the Presidential nominee except that the Presidential nominee shall have the privilege of addressing the Convention for 5 minutes, after nominations have been made but before voting has begun, for the purpose of endorsing or objecting to any of the Vice-Presidential nominees. Nominations for Vice-President shall close after selection of the Presidential nominee.
  5. Nominating and seconding speeches for each candidate slate shall be limited in duration as follows: to a total of 20 minutes.
    1. President: Total of 16 minutes;
    2. Vice-President: Total of 11 minutes.
    A delegate who collects the required number of nominating tokens so designated may speak up to 5 minutes in favor of voting for None Of The Above.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #18b: Award Extra Delegate Slots to Elected Libertarians

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Aaron Starr.


  • Problem: It is not easy to become an elected Libertarian. Our Libertarian elected officials are important to our development as a successful political party. We need to do more to recognize and involve our elected officials, and acknowledge those state affiliates who are creating an environment that successfully elects Libertarians to office.
  • Solution: Award delegate status to Libertarians who are serving in elected office.
  • Benefits: This proposal will reward those affiliates who get Libertarians elected to office and encourage more elected Libertarians to attend our conventions and share their success stories. By learning more from these individuals first-hand we may encouragemore Libertarians to run successful campaigns in winnable races.

Bylaws of the Libertarian Party

ARTICLE 11: CONVENTIONS

  1. Affiliate Party Delegate Entitlements:
    Each affiliate party shall be entitled to send delegates to each Regular Convention on the following basis:
    1. One delegate for each 0.14 percent, or fraction thereof, of the total Party sustaining membership in that affiliate; provided that at least one such delegate must be a resident of that State or District.
    2. One delegate for each 0.35 percent, or fraction thereof, of the votes cast nationwide for the Libertarian Party candidate in the most recent presidential election, cast in that affiliate's state.
    In addition, each affiliate party shall be entitled to send as delegates those sustaining membersserving in elected public officewho are subject to a vote of the general electorate.Each affiliate party may increase their delegation in this manner by no greater than 25%.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #18a: Election Results for Affiliate Party Delegate Entitlements

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Rich Tomasso.


  • Problem: One of our goals is building a political party that elects Libertarians to public office. Yet the national party has not created specific incentives and recognition for those affiliates making gains in fulfilling the mission of a political party: to run candidates and ultimately win elections. We do count the the Presidential vote, but in many cases that is outside the control of the local affiliate, and also tends to favor the more populated states.
  • Solution: Rewarding those affiliates that are running effective campaigns with one of the few things we can, more influence at the Convention. Adjust the formula for delegate allocations for the regular convention to add delegate spaces to each affiliate based on the election results of their top of ticket candidate.
  • Benefits: Creates one more incentive to run bigger and smarter campaigns. Rewards states where Libertarians are making inroads.

Bylaws of the Libertarian Party

ARTICLE 11: CONVENTIONS

  1. Affiliate Party Delegate Entitlements:
    Each affiliate party shall be entitled to send delegates to each Regular Convention on the following basis:
    1. One delegate for each 1.00 percent of the popular vote earned by the "top of ticket" statewide Libertarian Party candidate, excluding President, in the most recent general election in that affiliate's state.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #17c: Who Should Pay the Cost of Libertarian Conventions?

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Aaron Starr.


  • Problem: At a previous Libertarian National Convention, delegates voted to require a Libertarian National Convention to conduct the Party’s national business every two years.

    In current dollars, each meeting costs $40,000 to $60,000 to:
    • rent a Meeting Room for 600 to 900 Libertarian Party delegates for 3 days
    • rent tables and chairs, a stage, and a podium to conduct the meeting
    • rent Audio-Visual Equipment so that delegates can hear, be heard, and participate
    • provide delegate registration, identification, and other Convention business materials
    • pay for other costs, such as decorations & draping, keynote speaker fees and travel, parliamentarian services, security, signage for seating, staff travel, website, etc.
    Because we delegates write the bylaws, we are the ones who impose these costs. The Republicans and Democrats require that unwilling taxpayers pay for their conventions. Because we are Libertarians, we do not tax other people to pay for our conventions. The question is, “Who ought to pay for our conventions?”
  • Solution: We offer three proposals for your consideration:
    1. Requires that general party funds be used to pay for convention overhead costs.
    2. Requires that the delegates bear an equal portion of the costs of each convention. For example, if the projected costs of the 2016 Libertarian National Convention are $50,000, and if projected attendance is 700 delegates, each delegate would pay his equal share of the costs: roughly $72.
    3. Codifies the current practice of requiring only those who buy speaker and meal packages pay toward the convention’s costs. For example, if the projected costs of the 2016 Libertarian National Convention are $50,000, and if 500 of the 700 projected attendees buy packages, each of those buying packages would pay an equal share of the costs: roughly $100. The other 200 who do not buy packages would pay nothing.
  • Benefits:

Note: Aaron Starr prefers that these 3 proposals be presented as one proposal.


Bylaws of the Libertarian Party

ARTICLE 11: CONVENTIONS

  1. Delegates:
    1. Convention overhead costs shall be taken out of general Party funds.


pending amendment (substitute language):

Bylaws of the Libertarian Party

ARTICLE 11: CONVENTIONS

  1. Delegates:
    1. Convention overhead costs shall be taken out of general Party funds.
    1. Convention overhead costs shall be equally divided and paid for by attending delegates. Each person’s equal share shall be based on the projected common costs of the convention divided by the projected number of attending delegates.


pending amendment to the amendment (insert and add words):

ARTICLE 11: CONVENTIONS

  1. Delegates:
    1. Convention overhead costs shall be equally divided and paid for by attending delegates attendees who buy event packages. Each person’s equal share shall be based on the projected common costs of the convention divided by the projected number of attending delegates attendees purchasing packages.
Proviso: Whatever version is adopted, the amendment shall take effect upon the close of the convention at which it is adopted.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #17b: Prohibit Floor Fees

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Nick Sarwark.


  • Problem: Our bylaws are not explicit on the issue of floor fees, causing a recurring debate as to whether they are authorized.
  • Solution: Explicitly prohibit a floor fee for delegates to vote at conventions.
  • Benefits: Make explicit in the bylaws that floor fees are not allowed.

Bylaws of the Libertarian Party

ARTICLE 11: CONVENTIONS

  1. Delegates
    1. No fee may be required of any delegate to participate in the business sessions of any Regular Convention; however, fees may be required for participation in other convention events.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #17a: LNC Vote on Convention Fee

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Rich Tomasso.


  • Problem: There is debate every term about whether members who attend the convention should or should not bare at least some of the cost of the event. Reasonable arguments have been made on both sides. Compromise positions have also been proposed. This does have an impact on creating a convention budget.
  • Solution: As this keeps coming up, better to have a formal policy in place to address it and have the decision rest with the LNC. As the leaders of the party, they should take responsibility for a decision affecting all delegates. And make it with enough lead time to establishing a pricing model for registrations.
  • Benefits:

Bylaws of the Libertarian Party

ARTICLE 11: CONVENTIONS

  1. Voting Eligibility:
    1. It shall require a roll call vote of the LNC to authorize or require any sort of fee for a credentialed delegate to attend the business portion of a Regular Convention as outlined in Rule 1. This vote must take place at least 120 days before the start of the Convention. This bylaw shall not prevent the Convention Committees from establishing registration costs for any programming outside of the business portion of the Convention.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Tuesday, February 18, 2014

Proposal #16: Convention Committee Members

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Geoff Neale.


  • Problem:
  • Solution:
  • Benefits:

Bylaws of the Libertarian Party

ARTICLE 12: OTHER COMMITTEES

  1. No person shall serve on more than one Convention Committee.
[re-number subsequent clauses]


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #15: Make Conventions More Interesting and Productive

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Aaron Starr.


  • Problem: Delegates spend an extra day or so at convention conducting business that need not take place every two years.
  • Solution: Split up the business portions to alternating conventions so that:
    1. Outwardly focused activities (i.e. nominating our Presidential candidate and updating our Platform) take place during Presidential Nominating Conventions; and
    2. Inwardly focused activities (i.e. electing Party officeholders and updating our Bylaws) take place during the Mid-Term Conventions.
  • Benefits:
    1. With a shorter convention it is more likely that more people will be able to stay through the entire convention and not miss out on important business, such as electing people to party office.
    2. Having Party officeholders elected at the Mid-Term Convention means that we aren’t trying to get a new National Committee up-to-speed only a few months before a Presidential election.
    3. Dividing the business into every other convention allows us to have a convention with less time dedicated to business and more time dedicated to workshops and interesting speakers.
    4. Our Presidential Nominating Conventions are often televised. And those viewing our convention are more likely to change the channel if they see us spending time debating Bylaws changes and electing people to internal Party office. The public is far more interested in who we elect for President and what issues we stand for.

Note: The substantive parts of this proposal are in the beginning (e.g. dividing up the business between conventions, only allow vacancies to be filled until the next convention, etc.). The later changes simplyconform the language so that Regular conventions are classified as either Presidential Nominating or Mid-Term Conventions. Also please note that while Representative Regions are formed every four years in this proposal, regional representatives need not serve four-year terms. A regional formation agreement may be written so that a regional representative is replaced more frequently (e.g. at each convention).


Bylaws of the Libertarian Party

ARTICLE 11: CONVENTIONS

  1. Regular Conventions:
    The Party shall hold a Regular Convention every two years, at a time and place selected by the National Committee. Regular Conventions shall be held sometime during the period of July of an odd-numbered year through August of an even-numbered year. All business required to be conducted at Regular Conventions shall be conducted at Regular Conventions only. A Regular Convention shall be either a Presidential Nominating Convention or a Mid-Term Convention, alternating from one to the other. Nominations for President and Vice President, and amendments to the Platform shall only occur at Presidential Nominating Conventions. Elections of Party officeholders and amendments to the Bylaws and Convention Rules shall only occur at Mid-Term Conventions.
ARTICLE 8: NATIONAL COMMITTEE
  1. The National Committee shall appoint new officers and members-at-large if vacancies occur, such officers and members-at-large to complete the term of the office vacated, or until there is an intervening Regular Convention, at which time a special election will be conducted to fill the seat.
ARTICLE 9: JUDICIAL COMMITTEE
  1. The Judicial Committee shall be composed of seven Party members elected at each Regular Mid-Term Convention, and any five members shall constitute a quorum. No member of the National Committee may be a member of the Judicial Committee. The members of the Judicial Committee shall select the Chair of the Judicial Committee. The Judicial Committee shall take office immediately upon the close of the Regular Mid-Term Convention at which elected and shall serve until the final adjournment of the next Regular Mid-Term Convention. All Judicial Committee members shall have been Party members at least four years at the time of their selection.The remaining members of the Judicial Committee shall appoint new members if vacancies occur, such appointees to serve until the final adjournment of the next Regular Convention complete the term of office vacated, or until there is an intervening Regular Convention, at which time a special election will be conducted to fill the seat.
ARTICLE 17: AMENDMENT
  1. These Bylaws may be amended by a 2/3 vote of the delegates at any Regular Mid-Term Convention. During a Presidential Nominating Convention delegates may by a 3/4 vote suspend the rules to consider an exigent amendment to the Bylaws, but such an amendment shall then require a 3/4 vote to pass.
  2. Article 4, Section 1, shall not be amended by a vote of less than 7/8 of all registered delegates at a Regular Mid-Term Convention.


Bylaws of the Libertarian Party

ARTICLE 4: STATEMENT OF PRINCIPLES AND PLATFORM

  1. The Statement of Principles affirms that philosophy upon which the Libertarian Party is founded, by which it shall be sustained, and through which liberty shall prevail. The enduring importance of the Statement of Principles requires that it may be amended only by a vote of 7/8 of all registered delegates at a Regular Convention.
  2. The Party Platform shall include, but not be limited to, the Statement of Principles and the implementation of those principles in the form of planks.
  3. The current Platform shall serve as the basis of all future platforms. The existing Platform may be amended only at Regular Presidential Nominating Conventions. Additional planks, or additions to planks, must be approved by 2/3 vote. A platform plank may be deleted by majority vote.
ARTICLE 7: OFFICERS
  1. The officers of the Party shall be:
    • Chair,
    • Vice-Chair,
    • Secretary, and
    • Treasurer.
    All of these officers shall be elected by a Regular at a Mid-Term Convention of the Party, shall take office immediately upon the close of the Convention and shall serve thereafter until the final adjournment of the next Regular Mid-Term Convention. No person shall serve as an officer who is not a sustaining member of the Party.
ARTICLE 8: NATIONAL COMMITTEE
  1. The National Committee shall be composed of the following members:
    1. the officers of the Party;
    2. five members elected at large by the delegates at a Regular Mid-Term Convention; and
    3. any additional members as specified below:
      Any affiliate party with 10% or more of the total national party sustaining membership within affiliate parties (as determined for delegate allocation) shall be entitled to one National Committee representative and one alternate for each 10% of national sustaining membership. Affiliate parties may, by mutual consent, band together to form "representative regions," and each such "region" with an aggregate national party sustaining membership of 10% or more shall be entitled to one National Committee representative and one alternate for each 10% of national party sustaining membership. "Representative regions" may be formed or dissolved once every two years during a period beginning 90 days before the beginning of and ending on the second day of the National Mid-Term Convention, and notice of new formations or dissolutions must be given in writing to the national Secretary prior to the close of the Convention at which they take place.
  2. The National Committee shall take office immediately upon the close of the Regular Mid-Term Convention at which they are selected, and serve until the final adjournment of the next Regular Mid-Term Convention.
ARTICLE 11: CONVENTIONS
  1. Convention Rules:
    The Party's Convention Special Rules of Order may be amended only by a Regular Mid-Term Convention.
ARTICLE 12: OTHER COMMITTEES
  1. There shall be a Platform Committee, a Bylaws and Rules Committee and a Credentials Committee for each applicable Regular Convention. The National Committee shall appoint a temporary chair of each committee to serve until each committee selects its own chair.
  2. The Bylaws and Rules Committee shall consist of ten Party members appointed by the National Committee no later than three months before a Regular Mid-Term Convention. No more than five of these members shall be members of the current National Committee.
  3. The Platform Committee shall consist of 20 members selected as follows:
    1. One member by each of the ten affiliate parties having the largest sustaining memberships as determined for Convention delegate allocations at the most recent Regular Mid-Term Convention. These members shall be selected no later than the last day of the fifth month prior to the Regular Presidential Nominating Convention.
    2. Ten members appointed by the National Committee, including no less than five members from states other than the ten affiliate parties having the largest sustaining memberships as determined for Convention delegate allocations at the most recent Regular Mid-Term Convention. These members shall be appointed no later than the last day of the fifth month prior to the Regular Presidential Nominating Convention.
ARTICLE 14: PRESIDENTIAL AND VICE-PRESIDENTIAL CAMPAIGNS
  1. 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 a Presidential Nominating Convention.

Convention Special Rules of Order of the Libertarian Party

RULE 1: ORDER OF BUSINESS

The standing order of business for a Regular Convention shall be as follows, and further limited in these Bylaws:
  1. Call to order
  2. Credentials Committee report
  3. Adoption of agenda
  4. Treasurer's report
  5. Bylaws and Rules Committee report
  6. Platform Committee report
  7. Nomination of Party candidates for President and Vice-President (in appropriate years)
  8. Election of Party Officers and at-large members of the National Committee
  9. Election of Judicial Committee
  10. Resolutions
  11. Other business
RULE 5: DEBATING AND VOTING -- PLATFORM
  1. After the adoption of the convention agenda at a Presidential Nominating Convention, the convention will vote whether to delete planks from the existing platform. This will be accomplished as follows:
    1. The Credentials Committee shall issue five signature tokens to each delegate.
    2. Tokens shall only be issued to delegates. Delegates are responsible for transferring possession of unused tokens to their alternates if necessary.
    3. Each delegate may cast each token as a recommendation for deletion of one plank by noting on the token the plank to be deleted and signing the token.
    4. A delegate may cumulate recommendations by casting any number of tokens for deletion of the same plank.
    5. Delegates will be given until one hour prior to the scheduled start of the platform report to mark their tokens and deliver them to the Secretary.
    6. Prior to the scheduled start of the platform report, the Secretary shall review the tokens received and tabulate and report the tokens submitted for deletion of each plank.
    7. As its first item of platform business, the convention shall vote whether to delete each of those planks that received a number of tokens for deletion equal to 20% or more of the number of credentialed delegates. Such votes shall be cast without amendment or debate.
  2. The Platform Committee shall meet before each Regular Presidential Nominating Convention and prepare a report containing its recommendations. At the convention, the Platform Committee's recommendations shall be reported to the floor and debated and voted upon separately. The Platform Committee shall set forth the order in which each recommendation shall be considered.

Proviso: Amendments to the Platform may still take place at the convention at which this is adopted.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Saturday, February 15, 2014

Proposal #14d: Single-Transferable Voting for for At-Large Members of the National Committee

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Rob Latham.


  • Problem: Libertarians advocate for alternative voting systems that are more representative. However, internal elections of the Libertarian Party do not follow these methods. The current voting system for At-Large allows a plurality of the delegates to elect all of the At-Large LNC members.
  • Solution: Practice what we preach. Use single-transferable voting for LNC At-Large elections.
  • Benefits:
    1. Harmonizes Libertarian Party practices with our message.
    2. Familiarizes LP delegates with the STV process so they can more effectively explain it to others.
    3. Allows organized minorities of the delegates to have proportional representation on the LNC without overvoting or undervoting for a particular candidate.
    4. Implements the voting method that mirrors voter desires most accurately.

Convention Special Rules of Order of the Libertarian Party

RULE 8: ELECTION OF OFFICERS AND NATIONAL COMMITTEE

  1. Nominations for the at-large members of the National Committee shall be from the floor.
    The election shall be conducted in the following manner:
    1. Each delegate may cast up to five votes, but no more than one vote for any one candidate.
    2. Each delegation shall tabulate its total vote, and the delegation chair shall deliver a written total to the Secretary. When all delegations have submitted their votes, the Secretary shall declare the voting closed.
    3. At this point, an announcement of each delegation's vote total shall be made by delegation chairs in alphabetical order beginning with a randomly selected delegation.
    4. Those five candidates receiving the highest vote totals shall be declared elected. If a tie vote affecting the outcome of the election occurs, another ballot for the remaining offices shall be held with each delegate allowed to cast as many votes as there are offices to fill.
    1. The winners shall be determined by single-transferable voting.
    2. Voting for each election shall take place in one round. Delegates may rank up to ten candidates on their ballots in order of preference. Only nominated candidates shall be valid options on the ranked ballots.
    3. Each delegation chair shall deliver the delegation’s ballots to the Secretary. When all delegations have submitted their votes, the Secretary shall declare voting closed.
    4. Convention business shall continue while the votes are counted by the Secretary or his designees. Tabulation for multiple elections may be conducted simultaneously.
    5. Tabulation shall take place in multiple rounds. Each round the full or fractional votes for the highest ranking preferences shall be summed and recorded.
    6. If the vote count for any candidate exceeds the droop quota [(droop quota) = (ballots submitted)/(seats up for election + 1) + 1], the candidate shall be considered a winner.
    7. In that case, any excess votes shall be allocated to the next highest ranking preference: each ballot for the candidate shall have its weight reduced to a fractional vote [(end fractional vote) = (begin fractional vote)x(votes for candidate – droop quota)/(votes for candidate)].
    8. Otherwise (if no candidates are elected in a round), the candidate (or candidates in the case of a tie) with the fewest votes shall be considered out of the race.
    9. In that case, the remaining fractional vote for each ballot shall be allocated to the remaining candidates marked as the next highest ranking preference on those ballots.
    10. The process shall be repeated until either all positions are filled or one candidate remains and that candidate fails to achieve the droop quota.
    11. If some seats are left unfilled, none of the above (NOTA) shall be considered to have won those seats and another election shall be held for those seats with the candidates who ran previously ineligible to be nominated.
    12. The Secretary shall retain the record of all voting rounds and make it available to delegates upon reasonable request.
    13. The Secretary shall announce the winners of the election after votes have been fully tabulated.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #14c: Cumulative Voting for At-Large Members of the National Committee

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Chuck Moulton.


  • Problem: Libertarians advocate for alternative voting systems that are more representative. However, internal elections of the Libertarian Party do not follow these methods. The current voting system for At-Large allows a plurality of the delegates to elect all of the At-Large LNC members.
  • Solution: Practice what we preach. Use cumulative voting for LNC At-Large elections.
  • Benefits:
    1. Harmonizes Libertarian Party practices with our message.
    2. Familiarizes LP delegates with the cumulative voting process so they can more effectively explain it.
    3. Allows organized minorities of to have representation by casting all 5 votes for a particular candidate.

Convention Special Rules of Order of the Libertarian Party

RULE 8: ELECTION OF OFFICERS AND NATIONAL COMMITTEE

  1. Nominations for the at-large members of the National Committee shall be from the floor.
    The election shall be conducted in the following manner:
    1. Each delegate may cast up to five votes, but no more than one vote for any one candidate using cumulative voting.
    2. Each delegation shall tabulate its total vote, and the delegation chair shall deliver a written total to the Secretary. When all delegations have submitted their votes, the Secretary shall declare the voting closed.
    3. At this point, an announcement of each delegation's vote total shall be made by delegation chairs in alphabetical order beginning with a randomly selected delegation.
    4. Those five candidates receiving the highest vote totals shall be declared elected. If a tie vote affecting the outcome of the election occurs, another ballot for the remaining offices shall be held with each delegate allowed to cast as many votes as there are offices to fill.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #14b: Range Voting for At-Large Members of the National Committee

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Adrien Monteleone and Dan Wiener.


  • Problem:
  • Solution:
  • Benefits:

Convention Special Rules of Order of the Libertarian Party

RULE 8: ELECTION OF OFFICERS AND NATIONAL COMMITTEE

  1. Nominations for the at-large members of the National Committee shall be from the floor. The election shall be conducted in the following manner:
    1. Each delegate may cast up to five votes, but no more than one vote for any one candidate.
    2. Each delegation shall tabulate its total vote, and the delegation chair shall deliver a written total to the Secretary. When all delegations have submitted their votes, the Secretary shall declare the voting closed.
    3. At this point, an announcement of each delegation's vote total shall be made by delegation chairs in alphabetical order beginning with a randomly selected delegation.
    4. Those five candidates receiving the highest vote totals shall be declared elected. If a tie vote affecting the outcome of the election occurs, another ballot for the remaining offices shall be held with each delegate allowed to cast as many votes as there are offices to fill.
    1. Each delegate vote for each candidate by marking their approval of the candidate on a range from 0 to 100. A mark of "no-opinion" for that candidate shall not count as a vote and shall not affect the calculation of average approval.
    2. Each delegation shall tabulate its total approval and number of votes for each candidate. The number of votes for NOTA shall also be tabulated. The delegation chair shall deliver a written total to the Secretary, along with the ballots cast.
    3. When all delegations have submitted their votes, the Chair shall declare the voting closed. The candidates receiving the five highest average approval ratings shall be elected, after excluding any candidates who have not received at least half the votes as the candidate with the highest number of votes and more votes than NOTA. Tie votes affecting the outcome shall be decided by lot.
Proviso: This amendment shall take effect immediately upon adoption.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #14a: Approval Voting for At-Large Members of the National Committee

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Aaron Starr.


  • Problem: Our current method of selecting at-large members of the National Committee is known as plurality voting. Delegates may vote for only as many candidates as there are seats to fill (in this case five) and the top ranking candidates, sometimes with less than majority support, win the seats.

    With plurality voting, if there are many good candidates, delegates that would otherwise enjoy the support of a majority of delegates can be defeated by candidates that enjoy less support.

    So, for example, let’s say there are 20 people running for five at-large seats and 15 of those individuals enjoy the support of 60% of the delegates, and the remaining five enjoy the support of the other 40%.

    With our current method of plurality voting, none of the individuals who have majority support win a seat and all of those who have less than majority support get on the committee.

    Also, with plurality voting delegates are subject to the “wasted vote” argument, in that they may feel compelled to vote for a candidate that has a chance of winning, rather than a “dark-horse” candidate they believe in.
  • Solution: Allow delegates to vote for as many candidates as they approve of (aka approval voting) for selecting at-large members of the National Committee.
  • Benefits:
    1. This method of voting is simple to explain, understand, implement and tabulate.
    2. It allows delegates to be able to vote their conscience.
    3. It assures that the candidates that enjoy the most support will fill the seats.
    4. It is in keeping with our Platform, where we advocate our support of election systems that are more representative of the electorate.

Convention Special Rules of Order of the Libertarian Party

RULE 8: ELECTION OF OFFICERS AND NATIONAL COMMITTEE

  1. Nominations for the at-large members of the National Committee shall be from the floor. The election shall be conducted in the following manner:
    1. Each delegate may cast up to five votes, but no more than one vote for any one candidate.
    2. Each delegation shall tabulate its total vote, and the delegation chair shall deliver a written total to the Secretary. When all delegations have submitted their votes, the Secretary shall declare the voting closed.
    3. At this point, an announcement of each delegation's vote total shall be made by delegation chairs in alphabetical order beginning with a randomly selected delegation.
    4. Those five candidates receiving the highest vote totals shall be declared elected. If a tie vote affecting the outcome of the election occurs, another ballot for the remaining offices shall be held with each delegate allowed to cast as many votes as there are offices to fill.
    1. Each delegate may cast one vote per candidate for any number of candidates. Every ballot with a vote for one or more candidates is counted as one vote cast.
    2. Each delegation shall tabulate its total vote, and the delegation chair shall deliver a written total to the Secretary, along with the ballots cast.
    3. When all delegations have submitted their votes, the Chair shall declare the voting closed. The top five candidates receiving a majority vote shall be elected. Tie votes affecting the outcome shall be decided by lot.
Proviso: This amendment shall take effect upon the close of the convention at which it is adopted.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic

Proposal #13: Creation of a Style Committee

DRAFT This is a draft proposal which has not yet been voted on by the committee.

Proposed by Aaron Starr.


  • Problem: A proposal quickly crafted on the floor at the 2010 convention added Convention Rule 5.8, which authorizes the National Committee with only a majority vote to amend thePlatform and Bylaws (but not the Convention Special Rules of Order) for non-substantive stylistic changes.

    The enacted change is more in the nature of a Bylaw, rather than a Convention Special Rule of Order, which is normally intended to address how we conduct business during the convention.
  • Solution: Require such changes receive a super-majority (rather than a simple majority) of the National Committee after providing advance notice on the Party’s website, and that such changes be proposed by a separate Style Committee, a majority of who are other than National Committee members. Move it from the Convention Rules to the Bylaws, where it belongs.
  • Benefits:
    1) Increases the requirement for a modification from a simple majority of the National Committee to a two-thirds vote.
    2) Assures that the National Committee may not propose such a change, and that majority of those who are proposing a style change are not also serving on the National Committee.

Convention Special Rules of Order of the Libertarian Party

RULE 5: DEBATING AND VOTING - PLATFORM

  1. Should changes to the bylaws or platform result in a grammatical error in accordance with the latest edition of the Chicago Manual of Style, the LNC presiding at the time of that discovery is authorized to make those grammatical corrections provided it does not change the meaning or intent of the item edited.

Bylaws of the Libertarian Party

ARTICLE 17: AMENDMENT

  1. The National Committee shall appoint a Style Committee composed of three members: the Secretary and two individuals who are not members of the National Committee. The Style Committee may propose stylistic changes to the Platform, Bylaws, and Convention Rules that are non-substantive in nature, such as corrections to spelling, grammar, punctuation, capitalization, active versus passive voice, breaking up run-on sentences, correcting references, reordering, and renumbering. Proposed changes shall be posted on the Party’s website at least 30 days prior to being submitted to the National Committee for ratification by a two-thirds vote.


Key

  • removed - red, strikethrough
  • added - blue, underline, italic