The following letters were written by Richard Burke, and the response was written by Kyle Markley. Richard Burke is the secretary of a PAC called Libertarian Party of Oregon, which is not the actual Libertarian Party of Oregon political party. Both the Libertarian National Committee and the Secretary of State of Oregon do not recognize Burke’s PAC as the actual political party called Libertarian Party of Oregon. Kyle Markley is a member of the recognized political party with ballot access which is headed by chairperson Lars Hedbor. .
Much of the years-long feud has been covered here on IPR. Please used searchbox for a history of the Libertarian Party of Oregon. There are more than 50 articles.
Re: The Status of Kyle Markley as a Libertarian Candidate for HD 30
Wed, 13 Jul 2016 14:13:23 -0700
Ms. Palm, et al,
The controversy described by Mr. Burke is the subject of a lawsuit currently pending in the Oregon Court of Appeals. For the last several years, two factions have operated independently, both claiming to be the Libertarian Party of Oregon. However, the Secretary of State’s office has consistently refused to recognize nominations from Mr. Burke’s faction, and the faction of which I am a part has operated with ballot access.
There is no reason to believe that the Court of Appeals will rule before the election, or that if it ruled adversely to my faction it would be anything more than sending the lawsuit back to the circuit court for a trial on the merits, which again could not be reasonably expected to complete before the election.
There is every reason to believe that my nomination this year is secure, as it was in 2014 and in 2012. Please be aware that in 2014, Mr. Burke’s faction attempted to nominate a few candidates, and those submissions were rejected by the Secretary of State’s office.
On 07/13/16 13:04, Richard Burke wrote:
Dear Ms. Palm,
I hope you are well, and enjoyed talking with you on the phone last night. As the city of Hillsboro works with the Tualatin Valley Water District to secure water for our respective constituencies, I hope we will have the chance to work together in civic life. But that is for another day.
This is the email you asked me for describing the situation. I am cc’ing Kyle Markley as I promised.
To recap our discussion from last night, Kyle Markley is a candidate seeking the Libertarian Nomination for House District 30. His status as the 2016 Libertarian nominee for this position is not certain.
Mr. Markley won a privately funded and monitored vote-by-mail ballot, the legitimacy of which is being disputed. The ballot was conducted in accordance with governing documents purportedly adopted in March, 2011 at a monthly Libertarian Party of Oregon state committee meeting, not at a properly noticed business convention as required by our organizational documents on file at the time.
The legitimate governing documents of the Libertarian Party of Oregon, approved and amended by members in properly noticed conventions since 1972, require candidates to be nominated by means of candidate nominating convention, not through vote-by-mail elections. One candidate nominating convention was held on May 15th and the final one will be held on August 7th. Both were advertised in newspapers of general circulation as required by ORS 248.009(3).
ORS 248.009(1) require minor political parties to file organizational documents with the state, which must include their processes for nominating candidates. It also requires minor parties to nominate candidates in accordance with the processes described in those organizational documents.
The Oregon Secretary of State will therefore be required in the weeks ahead to determine which set of organizational documents is legitimate. This will likely, in turn, determine which nominating processes are legitimate, which may then determine which slate of Libertarian candidates will appear on the November, 2016 ballot. This means if someone other than Mr. Markley is selected at the August 7th convention, he or she may appear on the November ballot as the Libertarian Party’s nominee for House District 30.
That said, as a registered Libertarian elector, Mr. Markley is free to seek the nomination at the August 7th candidate nominating convention and may well win our party’s nomination legitimately if he does. Until that time, the matter of his nomination shall be in dispute. The same is true of all other “winners” of the vote-by-mail ballot, and we will be contacting them to offer them the chance to be legitimately nominated for office.
During the past two election cycles, the Secretary of State, which is barred from interfering from internal political party politics, has followed an unwritten policy of taking direction from the last “Chair of Record” prior to the current dispute. This person is one of the creators of the vote-by-mail ballot process. The matter has been taken to court which chose not to rule on the merits of the dispute but said we must resolve our matter internally.
Events are now transpiring which we expect will compel the Secretary of State to recognize those organizational documents and processes that were approved and amended by eligible LPO members in properly noticed conventions. In recognition of the unresolved nature of our dispute, the Secretary of State has allowed both groups of leaders to operate separate PACs named “Libertarian Party of Oregon” (PACs #622 and #16869).
I want to make clear that I am not demanding or even requesting that you withdraw your invitation to Mr. Markley to participate in your Thursday event. I am thrilled whenever the sponsors of political events include Libertarian participants. However, if Mr. Markley participates, potential embarrassment to all concerned may be avoided if he is introduced as a candidate seeking the Libertarian nomination, and that while he won a questionable vote-by-mail ballot, his nomination shall be in dispute until such time as he is nominated at the Libertarian Party of Oregon’s 2016 candidate nominating convention to be held on Sunday, August 7th.
Richard P. Burke, Secretary
Libertarian Party of Oregon
This is a private communication protected by the laws of the United States of America, including but not limited to, the First and Fourth Amendments to the Constitution. Neither it nor its derived metadata may be collected, stored, retrieved, printed, copied, retransmitted, or disseminated by any element of the U.S. Government or its partners without the express authorization of the originator.
Libertarian Candidate for Oregon House District 30