The LNC will have an emergency electronic meeting at 8:30 PM Eastern time on Thursday, September 1, 2022. IndependentPoliticalReport plans to liveblog the open parts of the meeting via addenda to our meeting post on 9/1/2022. Note that at a few points there are references to 8:30 PM Pacific time. “Pacific” is a typo. If you want to hear the public parts of the meeting advance to https://tinyurl.com/1Sept2022LNCMeeting for the Zoom link.
Kudos to Secretary Harlos for arranging matters so that the LNC can go to Executive Session while leaving other people in the Zoom until they return.
Chair McArdle wrote [GP: Slightly edited for readability]:
Hello everyone,
First, my apologies at needing another online meeting so soon, with our previously noticed meeting still set for September 11th. Unfortunately, we have some urgent housekeeping to attend to:
I am calling this meeting to address two time sensitive issues with the Libertarian Party of New Mexico. As you are aware, LPNM leadership has alleged disaffiliation from the national party. A few members and two parliamentarians have indicated that they do not believe LPNM leadership has the authority to do so without taking a vote from the entire membership (presumably at convention), not just the executive committee or the central committee. We need to review the arguments from both sides and sort it out.
Here is a copy of the motion that is accompanying this agenda item:
MOTION ONE***********************
Whereas, It is the membership of a potential affiliate that petitions for affiliation and the membership that retains the right to dissolve that affiliation absent an explicition delegation of that power;
Whereas, The last valid Constitution and Bylaws of the Libertarian Party of New Mexico limits the Central Committee to the management of the affairs of LPNM as provided for in this constitution, the New Mexico Election Code, and acts of the caucus membership assembled in convention;
Whereas, The last valid Constitution and Bylaws of the Libertarian Party of New Mexico does not provide for the Central Committee to have disaffiliation power;
Whereas, There has been no act of the caucus membership assembled in convention passing a resolution of disaffiliation;
Whereas, It is violative of the rights of the Libertarian Party of New Mexico membership for a handful of persons to dictate for all what affiliation they shall disavow absent a delegation of that authority to them; and
Whereas, The Central Committee of the Libertarian Party of New Mexico has a fiduciary duty to call a special convention of all fully paid members from the period of time of twelve (12) months prior and up to thirty (30) days prior to any special convention to consider the question of disaffiliation and the acceptance of the resignation of the current Central Committee and election of a new Central Committee along with any Constitution changes required to effectuate this process; now, therefore be it
Resolved, That the Libertarian Party National Committee does not recognize the attempted disaffiliation by the Central Committee of the Libertarian Party of New Mexico and directs the Executive Committee to pass appropriate motions providing support (including legal) to empower the New Mexico membership to assemble and decide the future of the affiliate for themselves, including disaffiliation, Constitution and Bylaws changes, and election of new leadership;
Resolved, That the Libertarian National Committee recognizes the autonomy of the affiliate membership to determine its fate and will abide by the legally made decisions of any special convention concerning the fate of the existing affiliate (retaining the right to re-affiliate if the current affiliate relationship is dissolved) made by the membership assembled in special convention; and
Resolved, That the Libertarian Party National Committee directs the Executive Committee to immediately take all necessary steps (including legal) to protect all Party assets, including the Party name and current ballot access.
END OF MOTION ONE*************************
*******
Now, I recognize that some of you may not agree to this motion and I respect that. It’s been noticed so we that we can deal with it via vote. The other thing we need to address (and that’s also forcing this motion/vote) is a petition for affiliation.
2nd noticed motion for this meeting, if the above resolution fails:
MOTION TWO (However, Ms. Malowney has withdrawn her petition) ***************
Move to consider the petition for affiliation by Patty Malonwney and any others that may be received prior to the meeting.
END OF MOTION TWO *****************
I have received a copy of her affiliation request and I’ll forward that to everyone tonight as long as Ms. Malowney doesn’t have any changes to her petition.
In the event that we, the LNC, do not recognize a new affiliate, we will need another motion, as follows:
MOTION 2A ********************
Move to create a special budget line encumbering $10,000 for legal fees relating to the Libertarian Party of New Mexico affiliate in crisis situation.
END OF MOTION 2A*****************
Lastly if the above resolution fails and any current petitions for affiliation fail, 3rd noticed motion:
MOTION THREE **********************************
Resolved, The Libertarian National Committee will not approve any petition for affiliation in which the petitioners cannot show that they made a good faith effort to have a mass meeting of all interested current Party members to make this request and elect a temporary board with reasonable notice and at a reasonable location.
END OF MOTION THREE***************************
(I’m open to workshopping this language, but i needed to get the noticed language out today.)
Now for the executive committee meeting:
The Executive Committee shall convene immediately after adjournment to take up motions to carry out the orders given by the LNC to potentially include:
Authorize entering into a legal action to protect the Party trademark assets, ballot access, and additional rights of the national party and/or its members in New Mexico
Retaining any appropriate counsel within budget if LNC counsel cannot reasonably work this matter into his schedule or he deems we need additional counsel
I know this is short notice and I apologize. Because we have an affiliation request already in, we need to address it within the next week. I am unavailable on Wednesday because I will be traveling and I am unavailable on Saturday because I’ll be moving into my new home and having wifi access set up the same day. If this is too much to handle in a single evening, we will reconvene the meeting on Friday or Sunday.