The Libertarian Party of New Hampshire is taking first steps to appeal its disaffiliation by the Libertarian National Committee, authorizing its state chair to petition the national party’s Judicial Committee on its behalf.
In a resolution adopted June 4 and later shared to the LNC’s public Business List, the New Hampshire party’s Executive Committee repudiated a prior endorsement of Donald Trump in the 2024 presidential election, reaffirmed its compliance with the Libertarian Party’s bylaws and Statement of Principles, and authorized Chair Jeremy Kauffman to formally petition the Judicial Committee on behalf of the disaffiliated state party. The resolution was adopted 5 to 0, with the document noting Vice Chair Josh Elbahrawy was not present.
The appeal follows the LNC’s May 25 vote to disaffiliate the Libertarian Party of New Hampshire. During that meeting, the national committee voted 15 to 2, with one abstention, to revoke the state party’s affiliate status and require it to stop using the Libertarian Party’s name and logo. While the party announced the disaffiliation online shortly after, LPNH stated in its resolution that it only received formal notice of the revocation on June 4.
Before the disaffiliation vote, some LNC members first tried to establish an investigatory committee. However, that was rejected, and the committee found the New Hampshire affiliate’s endorsement of Trump, its criticism of Libertarian candidates, and what some said was a repeated promotion of “anti-libertarian positions” as just cause. LNC Chair Evan McMahon later called the vote “the unfortunate culmination of years of behavior in violation of the Libertarian Party’s platform” in a statement that made the same arguments.
The New Hampshire resolution directly addresses one of those central issues. It states that a prior Executive Committee, which it says shared no voting members with the current Executive Committee, “purported to endorse Donald Trump” in 2024. It adds that the present committee “does not ratify, and repudiates” that endorsement, saying the act “does not reflect the position of LPNH as the present institution speaks.”
However, minutes from the November 4, 2024, Executive Committee meeting introduce some ambiguity into that claim. Those minutes show that, before the Trump endorsement was considered, the committee unanimously voted to appoint Kauffman, now LPNH chair, as secretary after interim Chair Ryan Bloodworth raised the need to fill the office.
A 2024 version of the bylaws appears to distinguish between officers appointed to fill vacancies, who take office immediately, and interim officers, who may carry out the duties of a position but do not vote on the Executive Committee. The minutes do not describe Kauffman’s appointment as interim; however, he is also notably not listed among those voting when the endorsement motion was later adopted by three votes in favor and one opposed.
The resolution also states that, moving forward, no official act of the New Hampshire party, its officers, or an agent acting on behalf of the organization shall constitute an endorsement of any candidate of another party in a partisan election. The committee further promises to monitor its organizational conduct and take corrective action if needed.
At the same time, the New Hampshire party is preserving its earlier objections to the process. The resolution states that the party is not waiving its claims that the national committee “failed to specify cause, failed to provide notice and opportunity to be heard, proceeded contrary to the deliberative judgment of the 2026 Regular Convention, escalated inconsistently with its September 2025 censure disposition, and acted with punitive rather than corrective intent.” Kauffman is also authorized to engage counsel and take further action in the name of defending the organization’s rights and interests.
Under Libertarian Party bylaws, the Judicial Committee will have 20 to 40 days after receiving the appeal from Kauffman to hold a hearing. The committee must then either affirm the revocation or order LPNH reinstated within 30 days of that hearing.
It’s a bit late to retract the endorsement.
The problem is that J.J. ignores the explicit and specific wording of 3:3 which says that quorums are AT MEETINGS.
And 3:2 specifically states that “when particular statement appears to conflict with a more general statement elsewhere in the book, therefore, the particular statement governs in the matter to which it states it applies (see also 56:68(3)).
3:2 is more specific than 40:1, so 3:2 governs and it applies TO MEETINGS ONLY to transact business there, and NOT to email votes.
Seebeck, that is a fixed quorum. Any body with a fixed quorum requires those people to be present, even if present at the end of an Internet connection.
Had the bylaws not established a fixed quorum, or if they had specified the filling of vacancies without a quorum, as occurs in many sets of corporate bylaws, there would not be a problem.
There is a problem.
Andy, you need to quit with the AI psychosis.
>“Under Robert’s Rules of Order, a committee cannot fill an unfilled seat or conduct any other substantive business without a quorum present. Any action taken without a lawful quorum, including elections or appointments, is null and void.”
Citation? Oh, yeah, there isn’t one. Again, quorum applies to meetings.
>“Vacancy Rules: While Article 13 permits the transaction of general business (which includes filling vacancies if a motion is made via email), the vote must still achieve the specific voting thresholds mandated by the LNC Policy Manual or bylaws to be valid.”
Citation? Oh, yeah, there isn’t one. Voting thresholds are not dependent upon a quorum number, the Policy Manual does not apply to the JC, and the Bylaws allow for the email votes (Article 13) and the JC to fill its own vacancies with the only exception being if all seats are vacant. (Article 8 Section 1)
>Electronic voting does not bypass quorum requirement necessary to fill 5 unfilled seats.
Once again, quorum applies to meetings, not email business. You keep getting stuck on that.
>Also, these seats were not vacated, they were never filled at the convention even though there was ample time to do so.
The seats were vacated by the previous JC in accordance with the terms of office in Article 8 Section 1. If a seat goes unfilled, it is vacant, regardless of whether it became vacant by death, resignation, removal, or not being elected for fill it. By your reasoning, if they were not vacated, then 5 of the previous 7 JC members still occupied the seats. Which 5? That’s absurd.
>“Misuse of Electronic Voting (Bylaw 13)Bylaw 13 (Electronic Mail Ballots) provides a mechanism for conducting votes remotely, but it does not bypass quorum requirements.Electronic voting is a method of casting a vote, not a tool to create authority where none exists.A committee must first be legally constituted with a quorum to adopt a question or authorize a ballot.Two members cannot initiate or pass a valid electronic ballot because they lack the numbers to legally do business in the first place.Any attempt by 2 members to appoint 5 additional members in this manner would be ruled null and void.AI responses may include mistakes. For legal advice, consult a professional. Learn more2024 Indexed LP Bylaws and Convention Rules w 2022 JC Ruleslp.orgLibertarian Party Bylaws and Convention Ruleslp.org2023 LPNC Bylaws – NationBuilderNationBuilderShow all.”
AI psychosis.
>Seebeck, you still need the fixed amount to properly conduct business 25:10 n8. That will apply to any type of voting, including email.
Keep flailing away futilely, Jonathan. RONR is notoriously terrible on virtual business because it doesn’t fit into its outdated in-person quarter/session/meeting format. You know that as much as I do. But since you (incorrectly) cite 25:10fn8:
25:10 Rules protecting absentees cannot be suspended, even by unanimous consent or an actual unanimous vote, because the absentees do not consent to such suspension. For example, the rules requiring the presence of a quorum, restricting business transacted at a special meeting to that mentioned in the call of the meeting, and requiring previous notice of a proposed amendment to the bylaws protect absentees, if there are any, and cannot be suspended when any member is absent.8
footnote 8: An elected or appointed body that lacks the authority to determine its own quorum may not suspend the quorum requirement, even if all members are present.
Vacancies are not absentees. Absentees are members not present, not seats unfilled. Article 13 is clear, and Bylaws supersede RONR.
And again, quorums apply to meetings, not email votes. Basic stuff.
>That assumes that the ballots were correctly constructed.
Since you were not there and are effectively clueless, even though it is effectively the same process done the past 4 conventions including DC where you were present and voting, each ballot was pre-labeled with the race, state, and round number. NO candidate names were listed, because until their petitions were submitted and confirmed as eligible on the floor, it was impossible to list them. All names were written in by delegates on their ballots and checked by the delegation chairs while tallying.
>How many ballots had votes for more than 7 people?
It doesn’t matter. Per the Convention Rules, the winners received a majority of the ballots cast, not the votes cast on those ballots. Delegates may cast votes for any number of candidates. (Rule 9 referring to Rule 8-2-a through c.)
After doing this for 4 national conventions in a row, plus various state conventions, I am sorta the expert on how this works, and I run the cleanest elections in the nation. Never forget that.
“Under Robert’s Rules of Order, a committee cannot fill an unfilled seat or conduct any other substantive business without a quorum present. Any action taken without a lawful quorum, including elections or appointments, is null and void.”
“Vacancy Rules: While Article 13 permits the transaction of general business (which includes filling vacancies if a motion is made via email), the vote must still achieve the specific voting thresholds mandated by the LNC Policy Manual or bylaws to be valid.”
ARTICLE 8: Judicial Committee
The Judicial Committee shall be composed of seven Party members elected at each regular nonpresidential 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 non-presidential convention at which elected and
shall serve until the final adjournment of the next regular non-presidential 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 non presidential convention. Should all Judicial Committee positions be vacant, an Intervening
convention may fill such vacancies.
2. The subject matter jurisdiction of the Judicial Committee is limited to consideration of only those
matters expressly identified as follows:
a. suspension of affiliate parties (Article 5, Section 6),
b. suspension of officers (Article 6, Section 7),
c. suspension of National Committee members-at-large (Article 7, Section 5),
d. voiding of National Committee decisions (Article 7, Section 12),
e. challenges to platform planks (Rule 5, Section 7),
f. challenges to resolutions (Rule 6, Section 2), and
g. suspension of Presidential and Vice-Presidential candidates (Article 14, Section 5).
3. Within 90 days following the regular convention at which elected, the Judicial Committee shall
establish rules of appellate procedure to govern its consideration of matters within the scope of its
jurisdiction. The existing Rules shall remain in effect until and unless the Judicial Committee
submits new proposed rules to the National Committee for approval, which approval shall be
deemed given unless denied by a 2/3 vote of the National Committee within 60 days of
submission. A copy of the current rules of appellate procedure shall be maintained by the
Secretary at the Party Headquarters and shall be available to any member
Electronic voting does not bypass quorum requirement necessary to fill 5 unfilled seats.
Also, these seats were not vacated, they were never filled at the convention even though there was ample time to do so.
“Misuse of Electronic Voting (Bylaw 13)Bylaw 13 (Electronic Mail Ballots) provides a mechanism for conducting votes remotely, but it does not bypass quorum requirements.Electronic voting is a method of casting a vote, not a tool to create authority where none exists.A committee must first be legally constituted with a quorum to adopt a question or authorize a ballot.Two members cannot initiate or pass a valid electronic ballot because they lack the numbers to legally do business in the first place.Any attempt by 2 members to appoint 5 additional members in this manner would be ruled null and void.AI responses may include mistakes. For legal advice, consult a professional. Learn more2024 Indexed LP Bylaws and Convention Rules w 2022 JC Ruleslp.orgLibertarian Party Bylaws and Convention Ruleslp.org2023 LPNC Bylaws – NationBuilderNationBuilderShow all.”
Seebeck, you still need the fixed amount to properly conduct business 25:10 n8. That will apply to any type of voting, including email.
That assumes that the ballots were correctly constructed.
How many ballots had votes for more than 7 people?
Andy,
As was stated before:
Article 13: Boards and >b>committees may transact business by electronic mail. The Chair or Secretary shall send out electronic mail ballots on any question submitted by the Chair or co-sponsored by at least 1/5 of the members of the board or committee. The period for voting on a question shall remain open for seven days, unless all members have cast votes, or have stated an intention to abstain or be absent during the voting period, by electronic mail to the entire board or committee. Votes from alternates will be counted, in accordance with previously defined ranked order, in the absence of the corresponding committee member(s). The outcome of each motion shall be announced promptly and recorded in the minutes of the next meeting. The number of votes required for passage of any motion shall be the same as that required during a meeting. Motions dispensed through electronic mail ballots satisfy the requirement of giving previous notice. (emphasis added)
That applies to the Judicial Committee as well, and has been used by past Judicial Committees regularly, including last term. I know this because I was the JC Secretary and a member of that last term JC. If it did not apply to the JC, then “committees” would explicitly refer to LNC-appointed committees. It does not say that; therefore it applies to the JC (and the Bylaws, Platform, and Credentials Committees, too!). RONR 56:58(2): When a provision of the bylaws is susceptible to two meanings, one of which conflicts with or renders absurd another bylaw provision, and the other meaning does not, the latter must be taken as the true meaning.
It would be absurd to state that a Bylaw that applies to committees doesn’t apply to committees absent their explicit exclusion.
It would also be absurd to apply a quorum to email votes when votes are considered to be “present and voting” (RONR 1:6, 1:7) at a meeting. RONR 3:3 : Quorum of Members. The minimum number of members who must be present at the meetings of a deliberative assembly for business to be validly transacted is the quorum of the assembly. (emphasis added) Email votes are not in a meeting, therefore a quorum is not a prerequisite for an email vote. That’s why Article 13 is written the way it’s written.
Helps for both you and Jacobs to read the Bylaws and not be in the tank for the Mises Caucus.
Not true. The Judicial Committee has to have quorum to do anything, and furthermore they did not appoint people to vacated seats, they appointed people to unfilled seats because certain people at the convention blocked every attempt at having thr delegates vote to fill those seats. Certaon peoole feared who was likely to win the 5 seats so they used dirty tricks to block the election from happening. Once again, we had most of Saturday, all day Sunday and Monday, a day in which the conventioned adjourned a few hours earlier than it could have; for the delegates to vote on who filled those seats.
Note that under Art VI, M, 4 of the LPNH bylaws: “After 45 days or two Executive Committee meetings following the appointment, whichever comes first, the Executive Committee shall vote to either make the interim officer a full member of the Executive Committee, return them to their prior position, or remove them from the Executive Committee.”
The Executive Committee would have had to wait to make Kauffman a full member. He could not have voted on the endorsement as he was made an interim officer.
The appointments are void as 2 members cannot act for the JC. That will be the ultimate problem.
Too little too late for LPNH.
Andy, that’s already been addressed. Quorum only applies to meetings. They filled the vacancies under Article 13 proceedings.
They can’t get an appeal because thd Judicial Commmittee has 2 elected people who lacked quorum (it takes at least 5 out of the 7 seats to be filled for the committee to have quorum), which means the 5 people whom they appointed are invalid and are therefore not really on the Judicial Committee. Any action the Judicall Committee makes in its current form is automatically null and void.