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The LNC Draft Idaho Resolution

 

Note that this is a draft. The LNC might be interested in suggestions for improvements.

Whereas, The Libertarian National Committee has found no convincing evidence that the regularly scheduled annual convention of the Libertarian Party of Idaho (LPID) which took place on April 2, 2022 was invalid;

Whereas, The delegates at the April 2, 2022 LPID annual convention interpreted their own Bylaws and recognized the convention and its business as valid;

Whereas, Idaho state party leadership elections were conducted at the April 2, 2022 LPID annual convention; and

Whereas, The Judicial Committee of the LPID determined that “The convention held on April 2, 2022 was a legitimate, valid, and effective Convention of the Libertarian Party of Idaho,” and that the officers and their successors, including Jayson Sorensen as the interim Chair, are the legitimate officers of the LPID;

Resolved, That the Libertarian National Committee recognizes the leadership elected at the April 2, 2022 Libertarian Party of Idaho annual convention and their successors in the ordinary course of business as the legitimate representatives of the recognized Idaho affiliate, including interim Chair Jayson Sorensen who was elected pursuant to the Bylaws of the Libertarian Party of Idaho.

 

15 Comments

  1. Floyd Whitley Floyd Whitley August 22, 2022

    @ Drake

    “unanimously selected by a supermajority of the delegates [edit…in attendance]”

    Well, okay, proper notice requirements met (under Robert’s Rules) apparently without standing, but it has been my experience that two wolves discussing what’s for dinner with only one lamb in attendance also constitutes a super-majority. The abuse of process, however, is obvious.

    My reading of what Imhoff told you, regarding the informational meeting, is more or less correct, or it generally seems to be in keeping with Robert’s Rules. Technically, he answered you with a point of order ruling. Namely that calling a meeting rests with the interim chair. You are certainly free to hold informational meetings. And wolves do that just about every night out this way. But the state party is not bound to answer or act upon said informational howls.

    The next step, on your part, should have been to appeal the point of order ruling (but that assumes you possessed demonstrable and orderly logic to present to the parliamentarian on appeal). By not having done so, you forfeited answer, and the ruling stands.

    What does not stand is this now novel attempt to substitute actions entirely outside of the rules of order, in what constitutes an ignominy (to wit: aborting elective principle).

  2. Floyd Whitley Floyd Whitley August 22, 2022

    @ Drake.

    “Three other members of the newly elected board made numerous attempts to access party resources and were either ignored or denied access by Mr. Robert Imhoff-Dousharm.”

    I would hold that the job of an Acting Treasurer is in fact to protect the party’s assets. So in that sense, Imhoff is doing that, is he not? Do LPID members have the right to “access” (which is to say “claim”) party resources–assuming you use countersigned funds?

    As for Non-Disclosure Agreements (NDAs) I know nothing of that, beyond saying that NDAs ain’t worth the paper and ink and time to sign ’em, generally speaking.

    I don’t know, Drake. As I said, you must produce absolute indisputable cause before I would ever agree to removing any elected officer. It must be an egregious sin, otherwise your claim to “libertarian” is well, hypocritical. And that’s at best. That or biased–what with all those state party assets just sitting there staring at you, and all.

    Besides, what’s the big deal anyway? You boys hold annual conventions don’t ya? Well, you can always oust in proper orderly elective procedure. Or is it really the “taking control” that’s the actual gig here?

    Nothing personal. I just don’t agree with what yer trying to do. You have not shown me probable cause sufficient to override the process of election.

  3. Floyd Whitley Floyd Whitley August 22, 2022

    @Drake

    “If the fact that there were individuals running for election altered the legitimacy of the convention, their failure to act and prevent the disenfranchisement of the state delegates and guests who attended is evidence of negligence or incompetence”

    Actually, what is in evidence are the incompetent state party bylaws mandating a State Convention in April. If fault is to be laid, it would rest upon the entire state party. Unless you are talking about “hold overs,” it is not possible to form county committees from elected precinct captains in April prior to a May primary–when they are in fact elected or when they are subsequently appointed if failing to procure a 5 vote minimum. (Here, the Idaho Code itself is somewhat conflicting, or rather is not reconciled).

    On the same line of reasoning, neither is it possible to “endorse” other candidates at so early a state convention…should more than one candidate exist in elective contest for a single position. Seems to me the LPID bylaws are in need of amendment as they regard the date of the convention. The LPID has decided to hold a state convention annually. However, state code only mandates a party convention each general election year (even numbered years).

    Another’s previous comment (paraphrased) defended the April convention date holding the off years (odd) conventions should not be “subjugated” to annual convention dates taking Ma primary in consideration. Again, the state code only mandates a party convention each general election year (even numbered years). So an additional annual convention is entirely optional. One would think better meeting intentions of Idaho Code would be the principal goal int his. Further, precinct captains are elected for two years…odd year conventions are essentially worthless in this regard since precinct captains are only elected at the primary in even numbered years and hold office for two years–through the odd “off” year. Seems to me, LPID is being back asswards on this.

    Amend the bylaws. You can avoid half (or more) of this specific problem just doing that.

  4. Darian Drake Darian Drake August 19, 2022

    Here’s a full breakdown of the events that precipitated the meeting and LNC involvement:

    1. On or about February 14, 2022, the Libertarian Party of Idaho (LPID) state convention was announced. At this time, there were no elected precinct committeemen that had formed an elected state central committee so the party bylaws stating that the officers of the board are part of the state central committee were in force. At the time, Mr. Robert Imhoff-Dousharm was the “Assistant Treasurer” (a non-voting position) and Mrs. Jennifer Imhoff-Dousharm was the state party chair. Mr. Imhoff-Dousharm had been prevented by the board from assuming the position of treasurer when vacated by the elected member because of the conflict of interest with his wife being the chair of the state party.
    (At the time the Libertarian Party of Idaho (LPID) convention was scheduled and held, the LPID executive board, including Mr. and Mrs. Imhoff-Dousharm, was aware there were no elected precinct committeemen that formed an elected state central committee. Because of this, the officers of the executive board had the authority to act as the state central committee. If the state chair neglected to follow this procedure, then that is evidence of negligence or incompetence, and therefore cause for removal from their positions.)

    2. At the March executive board meeting, the board was informed by a member of the board, Joe Evans, that he was running to be a precinct committeeman in the upcoming state primary election to be held on May 17, 2022.
    (Prior to the April 2, 2022 state convention, the LPID executive board, including Mr. and Mrs. Imhoff-Dousharm were well aware that individuals were running for precinct committeeman. If the fact that there were individuals running for election altered the legitimacy of the convention, their failure to act and prevent the disenfranchisement of the state delegates and guests who attended is evidence of negligence or incompetence, and therefore cause for removal from their positions.)

    3. On April 2, 2022 the LPID state convention was held in Idaho Falls and a new executive board was elected by the state party delegates. Mr. Robert Imhoff-Dousharm was elected to be the new state party chair, and Mrs. Jennifer Imhoff-Dousharm was elected to be the Region 2 representative. At the end of the state convention, a motion was made, seconded, and passed without objection to recognize the results of the state convention.

    4. Three other members of the newly elected board made numerous attempts to access party resources and were either ignored or denied access by Mr. Robert Imhoff-Dousharm, on the basis that they would not sign a Non-Disclosure Agreement that was written for a software company based in the state of Oregon and had not been approved by the board. These board members also had access revoked to other electronic systems used to conduct party business for not signing the NDA though were later informed that those services were not part of the party resources, but just a service provided by Mr. and Mrs. Imhoff-Dousharm. There are no provisions in the LPID bylaws that require the signing of a NDA for board members to have access to any party resources, and using this as an excuse to prevent elected members of the board from fulfilling the duties they were elected for was a dilatory act to make the jobs of the newly elected members more difficult.
    (Following the April 2, 2022 state convention, the failure on the part of Mr. Imhoff-Dousharm to provide the necessary access to party resources, unilaterally insisting on requiring the elected board members to sign an unapproved Non-Disclosure Agreement not required by the LPID bylaws, and ejecting elected members of the executive board from tools used to conduct party business is evidence of negligence, incompetence, or an act of malice, and therefore cause for removal from his position.)

    5. During the May 17, 2022 state primary there were six members of the LPID that ran for precinct committeeman, but only one who reached the vote threshold for certification. That member held the appropriate meetings and the LPID now has an elected state central committee who’s statutory authority supersedes parts of the party bylaws.

    6. At the LPID executive board meeting held May 24, 2022, Mr. Imhoff-Dousharm was informed that at the delegate meeting he failed to attend, a delegation chair had been unanimously selected by a supermajority of the delegates and the minutes of that meeting were submitted. Mr. Imhoff-Dousharm refused to accept the meeting minutes as anything but “informational” and claimed that only he could call a meeting of the delegates as the ranking member and therefore interim chair.

    7. At the same executive board meeting, Mr. and Mrs. Imhoff-Dousharm were lobbying for the next LPID state convention to be held again in Boise, disregarding Region 1. Per party bylaws (A V§1), the “regular convention location shall rotate between regions,” and the convention previous to the one in Idaho Falls on 4/2 (Region 3) had been held in Boise (Region 2). A point was raised that the state central committee, per IC 34-707, has the authority to determine the time and place of the convention. Mr. and Mrs. Imhoff-Dousharm expressed surprise that an elected state central committee even existed.

    8. At the Libertarian National Convention held May 27-29 in Reno, NV, Mr. Robert Imhoff-Dousharm again refused to accept the results of the delegate meeting and refused to call a meeting of the delegates on the floor of the convention as instructed by the Libertarian National Committee (LNC) chair. Another meeting was held anyway, and the results of the first meeting were reaffirmed. Mr. Imhoff-Dousharm continued to refuse to accept the results and the parliamentarian hired by the LNC was consulted, ratifying the decision of the delegation meetings. Both Mr. and Mrs. Imhoff-Dousharm left the floor and were not present for a single vote.

    9. On Tuesday, May 31, 2022, the first business day following the Libertarian National Convention, three elected members of the board noticed that their official party email accounts had been deleted, and noted that the “Leadership” page had been updated to remove their names and replaced with the names of the previous board – with the exception of the addition of Mr. Imhoff-Dousharm as “Acting Treasurer.” Again, Mr. Imhoff-Dousharm had previously been prevented by the board from being the treasurer because of the conflict of interest with Mrs. Imhoff-Dousharm being the state party chair.
    (The actions taken by Mr. and Mrs. Imhoff-Dousharm on May 31, 2022 following the Libertarian National Convention suggests that their motivation for removing the elected members of the board isn’t about compliance with Idaho statutes but one of a personal nature. If they were not being disingenuous, the treasurer elected at the state convention should have filled the role as Mr. Imhoff-Dousharm had already been rejected from the position due to a conflict of interest. This appears to suggest an act of malice, and therefore cause for removal from their positions. )

    10. The Idaho Secretary of State’s office reported that two members of LPID came in that day and filed a document stating the convention held April 2, 2022 was invalid because the state central committee did not organize the convention pursuant to IC 34-707 and that they were therefore throwing out the results of the convention and reverting to the previous board. The two members have been identified as Mr. Robert Imhoff-Dousharm and Mr. Joe Evans.

    11. Later that same day, at 7:07 PM MDT, an email was sent out to the LPID mailing list announcing to the party that the state convention was invalid and therefore they were reverting to the previous board. The email cited IC 34-502 and IC 34-707, neither of which would apply as in absence of an elected state central committee the officers of the executive board acted in that capacity.
    (The email sent on May 31, 2022 contained misinformation about what the Idaho statutes require, and is evidence of negligence or incompetence, and therefore cause for removal from their positions.)

    12. On June 2, 2022, a social media post made by previous board member, Joe Evans, who had been reseated as the Region 2 representative by Mr. and Mrs. Imhoff-Dousharm, stated that “the convention was out of order because an election for the party officers necessary to call the convention was in play.”
    (Joe Evans was one of the members running for precinct committeeman and had informed the board of his candidacy at the March board meeting, so the board was aware that PCs were now in play.)

    13. On June 6, 2022 at 12:00 AM MDT, another email was sent to the LPID mailing list soliciting applications to be an appointed precinct committeeman. Appointing precinct committeemen would violate IC 34-1208, which states “to be elected, a precinct committeeman shall receive a minimum of five (5) votes. In the event no candidate receives the minimum number of votes required to be elected, a vacancy in the office shall exist and shall be filled as otherwise provided by law.”
    (The email sent on June 6, 2022 solicits members of the LPID to apply for positions that the executive board has no authority to appoint with the presence of an elected state central committee, and is evidence of negligence or incompetence, and therefore cause for removal from their positions. )

  5. Darian Drake Darian Drake August 19, 2022

    The issue is that the “rollback” board took that action not because of any statutory violation (that is a red herring – there was no SCC at the time they called the convention and there never has been, and the claim that a future state election would affect the results of a convention held prior is ludicrous…) but because they were being forced to follow the bylaws with setting next years convention. In the 5/24 meeting, they wanted to have the next convention in Boise again, when the bylaws specifically outline that the convention location needs to rotate between regions. It was brought up that the (newly elected) SCC has the authority to set the convention in line with the bylaws.

    It is also believed that personal animus following the National Convention in Reno prompted them to push the “rollback” rather than any actual issue since there were no statutes violated (until their “rollback” and attempt to pack the SCC).

    Here’s a link to all the documents: https://onedrive.live.com/redir?resid=4D65F1DD88A2FD7F%211588&authkey=%21AOZRECx5zl7JaHc

    A link to the timeline and notes about each: https://docs.google.com/spreadsheets/d/1mv_zZBnOdStfRtK0NGjvoY1JQX_APrqDgu2MmiTadIA/

    And finally, a link to the LNC special meeting (the opening statement really sets the stage): https://www.youtube.com/watch?v=lTj1q1hNTx0

  6. Floyd Whitley Floyd Whitley August 15, 2022

    The participation of the LNC in this state matter is deplorable. It is no less draconian and no less ruthless than would be Mr. Trump declaring himself “elected” by throwing out who knows how many votes to gain the power, and blocking access to thousands of precincts.

    A confessional perhaps, but I have considered switching my voter affiliation from Constitution Party of Idaho to Libertarian Party of Idaho. But I gotta admit, when I see these kinds of actions consuming another state party, given the massive amount of critical problems that we, as a people, need to address veritably for our survival as a species, I don’t see much reason to swap out. What I do see is the same ‘ol.

    For me, personally, the seizure of an elected office by a renegade group of whatever construction must be justified not merely by accusations, nor by pro forma protocol breach. It must be due to an egregious sin, and outright too horrible to contemplate fault or tyrannical outrage. I do believe the LNC taints itself here by what it does. What it says?…talk’s cheap enough. And cheaper still.

  7. Floyd Whitley Floyd Whitley August 15, 2022

    Admittedly, I may mistake the arguments being made. But as I understand them, they turn upon a misinterpretation of Idaho Code (§34-1208) by LPID. This error (regarding “elected” precinct committeemen) is apparently upon what most of the arguments pivot. Namely, the seating of legitimate county central committees, etc.

    §34-1208 does instruct county clerks in the issuance of certificates of election at primary (as done in Idaho) of precinct captains. The proviso is that to be declared “elected” by the county clerk, the balloted precinct captain must receive not less than 5 votes.

    This section of Idaho Code is not “entire” as the LPID seemingly takes it. §34-1208 goes on to provide: “In the event no candidate receives the minimum number of votes required to be elected, a vacancy in the office shall exist and shall be filled as otherwise provided by law.” Filled otherwise.

    Precinct captains may indeed serve officially, without obtaining the election certificate, and may indeed be recognized as such by the State. For example, §34-502, instructs county clerks: “on or before January 20 of each year in which a general election is to be held, a list of the election precincts in the county and the names and addresses of the precinct committeemen who were elected at the last primary election, or who have since been appointed as precinct committeemen, as such election or appointment is shown on the records of the county clerk.”

    Elected or…have been appointed. So when the state party (or its county committees, if they are organized) duly notifies respective county clerks of appointed precinct captains, that precinct captain is no less “official” than one possessing the 5 votes. Further they are “carried over” (two year terms) on the county voting records until opt out by the county chair or by the State Executive Committee chair, or until a successful challenge by another precinct committeeman candidate.

    The primary appointer is the county central committee, per §34-502. “The county central committee shall fill by appointment all vacancies that occur or exist in the office of precinct committeeman who shall be a qualified elector of the precinct.” If not done, the power of appointment falls to the state chair as ex officio.

    The “roll back” State Central Committee elective convention to be held August 27th, as I understood the arguments, seems to be predicated upon a presumed “failure” to obtain 5 minimum precinct votes. The election certificate, however, is mostly moot. In many places in east Idaho (out by Arco), precincts are mailbox precincts, with so few electorate of any kind that a third party obtaining 5 votes is almost insurmountable, unless one slips in a 3/5th of a voter per Dred Scott cow. The real question is: does the LNC believe in due process or doesn’t it?

  8. Floyd Whitley Floyd Whitley August 15, 2022

    The information pertinent to this matter is not exactly common public knowledge. Beyond this website, I have seen nothing in the media. Its discovery was laborious. In any case, I found Sorensen.

    Seems to me, this should have been reported publicly in Idaho, given the seriousness of expelling (or so it is being claimed) an elected state party chair (Imhoff) upon what amounts to suspect accusations alone, and then installing a renegade appointee (Sorensen) to seize that official’s duly elected office and demand the assets of an entire state party is…not even close to libertarian. Rather, it is libertine.

    To imply that expulsion, because it is not specifically enumerated in the party bylaws, is without appeal, is itself not credible. Rules of Order and the US Constitution suggest otherwise. Due process is demanded…”in the name of liberty” and all that.

    Regardless, if Mrs. Imhoff’s statements in the June 27 2022 letter to Mr. Loesby are correct, namely: (1) that Loseby was at that time a registered Republican, (2) with voting history records indicating that he also participated in the May 17th, 2022 primaries with a Republican ballot, (3) and that records indicate Loesby was not at that time a dues paying member of the Libertarian Party of Idaho…then it is hardly possible for him to be considered a bylaw sustaining member, per LPID bylaws, nor in good standing.

    Mrs. Imhoff’s conclusion regarding Loesby (i.e. any efforts to participate in county party elections as a voting delegate, are null and void), is therefore correct. I would go further and say that any and all committee meetings inclusive of Loesby as a voting participant are in fact entirely tainted, the whole of them, and very much out of order.

    As an aside, on a host of issues (some by Idaho Code, and some by parliamentary rules) the alleged “judicial” reasoning that purports to justify this waylay of a state party is entirely duplicitous, including that which is being proffered by the Libertarian National Party. One has to wonder how many more state affiliates the LNC extremists are going to sack and break apart in order to get the minions toeing that line…Arbeit macht frei and all.

  9. George Phillies George Phillies Post author | August 14, 2022

    The LNC is now voting on the revised motion, as seen in my comment of August 13. So far, votes are unanimously in favor of the resolution.

  10. Floyd Whitley Floyd Whitley August 14, 2022

    LPID states it has worked with the Secretary of State regarding issues brought about by their too-early 2022 state convention. In that work, some business items (election of national delegates–which is largely beyond Idaho authority) that were taken up in the April 2022 convention remain valid.

    LPID will rehost (partially) the 2022 state convention Saturday, August 27, to elect state party officers, introduce precinct captains and so on. The party website says: “this convention’s agenda will only include the internal party elections for officers and judicial committee.”

    In Idaho, certain contested offices cannot comply with state code if a state convention is held prior to the May primary. The Constitution Party of Idaho has had similar issues (most emanating at the national level from unknowledgeable calls to ram the national convention as early as December immediately prior to an election year). That’s unworkable on three levels.

    First, Idaho partisan candidate declarations only open the first two weeks of March in an election year. Second, if offices are contested, they obviously would have to await the May primary results…before an endorsement is viable. Third, partisan presidential candidates declare with the state in early mid-December…NLT 90 days prior to March primary. So it is possible an early convention may not have all candidates duly slated.

    Anyhow, I do not speak for LPID regarding this purported “two slates” of officers. What I do see are two competing party candidates for Interim Chair–namely, John Dionne Jr. and Robert Imhoff–plus assorted uncontested party officers subject to election at the partial pending “rehosted” August 2022 state convention. There is no Sorensen even mentioned.

    Pardon if this post duplicated. Ham handed at times.

  11. Floyd Whitley Floyd Whitley August 14, 2022

    LPID states it has worked with the Secretary of State regarding issues brought about by their too-early 2022 state convention. In that work, some business items (election of national delegates–which is largely beyond Idaho authority) that were taken up in the April 2022 convention remain valid.

    LPID will rehost (partially) the 2022 state convention Saturday, August 27, to elect state party officers, introduce precinct captains and so on. The party website says: “this convention’s agenda will only include the internal party elections for officers and judicial committee.”

    In Idaho, certain contested offices cannot comply with state code if a state convention is held prior to the May primary. The Constitution Party of Idaho has had similar issues (most emanating at the national level from unknowledgeable calls to ram the national convention as early as December immediately prior to an election year). That’s unworkable on three levels.

    First, Idaho partisan candidate declarations only open the first two weeks of March in an election year. Second, if offices are contested, they obviously would have to await the May primary results…before an endorsement is viable. Third, partisan presidential candidates declare with the State is in early mid-December…winner determined at March primary. So it is possible an early convention may not have all candidates duly slated.

    Anyhow, I do not speak for LPID regarding this purported “two slates” of officers. What I do see are two competing party candidates for Interim Chair–namely, John Dionne Jr. and Robert Imhoff–plus assorted uncontested party officers. There is no Sorensen even mentioned.

  12. George Phillies George Phillies Post author | August 13, 2022

    New Version of LNC Motion: Acute readers will note that a Judicial Committee is voting on its own validity.

    Whereas, The Libertarian National Committee has found no convincing evidence that the regularly scheduled annual convention of the Libertarian Party of Idaho (LPID) which took place on April 2, 2022 was invalid;

    Whereas, The delegates at the April 2, 2022 LPID annual convention interpreted their own Bylaws and recognized the convention and its business as valid;

    Whereas, LPID leadership elections were conducted at the April 2, 2022, LPID annual convention; and

    Whereas, The LPID Judicial Committee determined that “The convention held on April 2, 2022 was a legitimate, valid, and effective Convention of the Libertarian Party of Idaho,” and that the officers and their successors, including Jayson Sorensen as the interim Chair, are the legitimate officers of the LPID;

    Resolved, That the Libertarian National Committee recognizes the leadership elected at the April 2, 2022, LPID annual convention and their successors in the ordinary course of business as the legitimate representatives of the recognized Idaho affiliate, including interim Chair Jayson Sorensen who was elected pursuant to the Bylaws of the LPID.

  13. George Phillies George Phillies Post author | August 13, 2022

    Good point. Idaho. I got ahead of myself.

  14. NewFederalist NewFederalist August 13, 2022

    Wyoming?

  15. George Phillies George Phillies Post author | August 12, 2022

    To avoid the obvious conflict with national party bylaws, the LNC if it wants to make this decision might simplify this resolution to

    “Whereas, we are presented with two groups claiming to be the Libertarian Party of [EDIT: Idaho] State Committee,
    Be it resolved, we identify the group having Jayson Sorensen as interim Chair as being our affiliate.”

    The wiser choice would be to do nothing, since the matter may well be resolved by next spring.

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