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.
Bylaws of the Libertarian Party
ARTICLE 6: AFFILIATE PARTIES
ARTICLE 9: JUDICIAL COMMITTEE
The subject matter jurisdiction of the Judicial Committee is limited to consideration of only those matters expressly identified as follows:
suspension of affiliate parties (Article 6, Section
- suspension of affiliate parties (Article 6, Section
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