Proposed Bylaws and Platform Changes 2022

The LPKS Executive Committee posts the following platform and bylaws proposals for public comment, following the Bylaws Committee meetings on Jan. 7 and 9, 2022. These are to be voted on at our 2022 Annual State Convention coming up in April.Proposals current as of  03/24/22

PLATFORM PROPOSAL #1

  1. Current Proposed Changes Wording if adopted
    None, this is an entirely new platform plank. ARTICLE VI - HEALTH FREEDOMLibertarians believe in separation of medicine (healthcare) and state.  
    1. We believe that the right to make medical (healthcare) and health choices lies with the individual and NOT the government. We oppose any form of mask mandate, vaccine passport, or medical requirement imposed by executive order or government at the local, state, or national level.
    2. No government entity has the authority to interfere with how private households, businesses, or other organizations operate. Limits on hours of operation, number of occupants, masking and vaccinating policies should never be coerced nor bribed by incentives.
    3. No taxpayer money should go toward paying for medical treatments, medications, or vaccines. Nor should it be used to fund advertising and media promoting any such use.
    4. No companies, including vaccine manufacturers, should be exempt from liability for harm caused by their products.
    5. We call for the dissolution of the FDA, CDC, and OSHA. They do more harm than good. Any legitimate services they claim to offer can be better provided through the free market and without coercion.
    ARTICLE VI - HEALTH FREEDOMLibertarians believe in separation of medicine (healthcare) and state.
    1. We believe that the right to make medical (healthcare) and health choices lies with the individual and NOT the government. We oppose any form of mask mandate, vaccine passport, or medical requirement imposed by executive order or government at the local, state, or national level.
    2. No government entity has the authority to interfere with how private households, businesses, or other organizations operate. Limits on hours of operation, number of occupants, masking and vaccinating policies should never be coerced nor bribed by incentives.
    3. No taxpayer money should go toward paying for medical treatments, medications, or vaccines. Nor should it be used to fund advertising and media promoting any such use.
    4. No companies, including vaccine manufacturers, should be exempt from liability for harm caused by their products.
    5. We call for the dissolution of the FDA, CDC, and OSHA. They do more harm than good. Any legitimate services they claim to offer can be better provided through the free market and without coercion.

PLATFORM PROPOSAL #2

ARTICLE IV – PERSONAL LIBERTIES

Current Proposed Changes Wording if adopted
ARTICLE IV – PERSONAL LIBERTIESLibertarians believe that each individual has the right to choose how to live his or her life and reap the rewards or face the consequences of that chosen lifestyle.1. We believe that the sacrosanct primary right, duty, and privilege of individual protection lies with the individual and cannot be performed by government. Citizens must have the right to carry concealed or unconcealed loaded firearms for self-protection. We strongly support the provision in the Kansas and US Constitutions preserving private ownership of personal firearms.2. We believe that driving a motor vehicle is not a privilege as asserted by the State, but a right. We oppose removal of that right for any reason except the demonstrated inability to safely operate a motor vehicle on public thoroughfares. We also oppose mandatory motorcycle helmet and seat belt use laws for adults.3. We believe the so-called ‘War on Drugs’ is a war on innocent people. We call for an end to the prohibition of any drug.4. We support legalizing production of hemp as an alternate crop for farmers for use in agriculture and industry. ARTICLE IV – PERSONAL LIBERTIESLibertarians believe that each individual has the right to choose how to live his or her life and reap the rewards or face the consequences of that chosen lifestyle.1. We believe that the sacrosanct primary right, duty, and privilege of individual protection lies with the individual and cannot be performed by government. Citizens must have the right to carry concealed or unconcealed loaded firearms for self-protection. We strongly support the provision in the Kansas and US Constitutions preserving private ownership of personal firearms.2. We believe that driving a motor vehicle is not a privilege as asserted by the State, but a right. We oppose removal of that right for any reason except the demonstrated inability to safely operate a motor vehicle on public thoroughfares. We also oppose mandatory motorcycle helmet and seat belt use laws for adults.3. We believe the so-called ‘War on Drugs’ is a war on innocent people. We call for an end to the prohibition of any drug.4. We support legalizing production of hemp as an alternate crop for farmers for use in agriculture and industry.5. Government does not have the authority to define, promote, license, or restrict personal relationships between consenting adults; regardless of gender, sexual orientation, or number of participants. Until such time as the government stops its illegitimate practice of marriage licensing, such licenses must be granted to all consenting adults who apply. ARTICLE IV – PERSONAL LIBERTIESLibertarians believe that each individual has the right to choose how to live his or her life and reap the rewards or face the consequences of that chosen lifestyle.1. We believe that the sacrosanct primary right, duty, and privilege of individual protection lies with the individual and cannot be performed by government. Citizens must have the right to carry concealed or unconcealed loaded firearms for self-protection. We strongly support the provision in the Kansas and US Constitutions preserving private ownership of personal firearms.2. We believe that driving a motor vehicle is not a privilege as asserted by the State, but a right. We oppose removal of that right for any reason except the demonstrated inability to safely operate a motor vehicle on public thoroughfares. We also oppose mandatory motorcycle helmet and seat belt use laws for adults.3. We believe the so-called ‘War on Drugs’ is a war on innocent people. We call for an end to the prohibition of any drug.4. We support legalizing production of hemp as an alternate crop for farmers for use in agriculture and industry.5. Government does not have the authority to define, promote, license, or restrict personal relationships between consenting adults; regardless of gender, sexual orientation, or number of participants. Until such time as the government stops its illegitimate practice of marriage licensing, such licenses must be granted to all consenting adults who apply.

 BYLAWS PROPOSAL #1Paragraph VII. CommitteeSubsection 3C. Judicial Committee Subsection 3C(i).

Current  Proposed Changes Recommended
The Judicial Committee shall consist of five Party members elected at a convention of the Party by the attending delegates held in odd-numbered years. The Judicial Committee shall select one of its members as Chair. The term of a Judicial Committee member shall begin upon the close of each convention held in an odd-numbered year and end at the close of the next convention held in an odd-numbered year. The Executive Committee shall, by appointment, fill any vacancy in the Judicial Committee until a successor shall be elected at the next convention. A Judicial Committee member may not be a member of the Executive Committee or any other standing committee.Subsection 3C(iii). Duties The Committee Chair shall receive all appeals and petitions and schedule hearings so as to obtain a quorum of the Judicial Committee.  When a hearing is requested, the Chair shall within seven days of receiving the request set a hearing date. The Judicial Committee shall provide at least ten days’ notice to each of the parties to a hearing, unless an earlier date is agreed to by the Judicial Committee and the participants. The Judicial Committee shall hold a hearing within thirty days of receiving a request, unless otherwise specified. All parties to a hearing shall have the right to represent their own interests in the manner of their own choosing. The Judicial Committee shall provide a ruling within five days of the conclusion of the hearing, unless otherwise specified. With the consent of all parties, the Judicial Committee Chair may call for written arguments and electronic ballots of the Judicial Committee, with a ruling to be provided to all parties and to the Executive Committee no later than thirty-five days following the date of the initial petition. The Judicial Committee shall consist of five Party members elected at a convention of the Party by the attending delegates held in odd-numbered years. The Judicial Committee shall select one of its members as Chair. The term of a Judicial Committee member shall begin upon the close of each convention held in an odd-numbered year and end at the close of the next convention held in an odd-numbered year. The Executive Committee remaining members of the Judicial Committee shall, by appointment, fill any vacancy in the Judicial Committee until a successor shall be elected at the next convention. If the Judicial Committee cannot fill  vacancies, then the Executive Committee shall appoint the  replacement(s). A Judicial Committee member may not be a member of the Executive Committee or any other standing committee.Subsection 3C(iii). Duties The Committee Chair shall receive all appeals and petitions and schedule hearings so as to obtain a quorum of the Judicial Committee. A quorum of the Judicial Committee shall be four members. When a hearing is requested, the Chair shall within seven days of receiving the request set a hearing date. The Judicial Committee shall provide at least ten days’ notice to each of the parties to a hearing, unless an earlier date is agreed to by the Judicial Committee and the participants. The Judicial Committee shall hold a hearing within thirty days of receiving a request, unless otherwise specified. All parties to a hearing shall have the right to represent their own interests in the manner of their own choosing. The Judicial Committee shall provide a ruling within five days of the conclusion of the hearing, unless otherwise specified. With the consent of all parties, the Judicial Committee Chair may call for written arguments and electronic ballots of the Judicial Committee, with a ruling to be provided to all parties and to the Executive Committee no later than thirty-five days following the date of the initial petition. The Judicial Committee shall consist of five Party members elected at a convention of the Party by the attending delegates held in odd-numbered years. The Judicial Committee shall select one of its members as Chair. The term of a Judicial Committee member shall begin upon the close of each convention held in an odd-numbered year and end at the close of the next convention held in an odd-numbered year. The remaining members of the Judicial Committee shall, by appointment, fill any vacancy in the Judicial Committee until a successor shall be elected at the next convention. If the Judicial Committee cannot fill  vacancies, then the Executive Committee shall appoint the  replacement(s). A Judicial Committee member may not be a member of the Executive Committee or any other standing committee.Subsection 3C(iii). Duties The Committee Chair shall receive all appeals and petitions and schedule hearings so as to obtain a quorum of the Judicial Committee. A quorum of the Judicial Committee shall be four members. When a hearing is requested, the Chair shall within seven days of receiving the request set a hearing date. The Judicial Committee shall provide at least ten days’ notice to each of the parties to a hearing, unless an earlier date is agreed to by the Judicial Committee and the participants. The Judicial Committee shall hold a hearing within thirty days of receiving a request, unless otherwise specified. All parties to a hearing shall have the right to represent their own interests in the manner of their own choosing. The Judicial Committee shall provide a ruling within five days of the conclusion of the hearing, unless otherwise specified. With the consent of all parties, the Judicial Committee Chair may call for written arguments and electronic ballots of the Judicial Committee, with a ruling to be provided to all parties and to the Executive Committee no later than thirty-five days following the date of the initial petition.
Passed 4-0  

BYLAWS PROPOSAL #2

Paragraph IV: Meetings and Quorum  Section 4. Parliamentary Authority 

Current  Proposed Changes Wording if adopted
The Robert’s Rules of Order, 11th Edition shall be the parliamentary authority for all matters of procedure at the conventions and in so far as is appropriate at the meetings of the State Executive Committee and the Committee meetings where those rules do not conflict with the Constitution or these By-Laws of the Party. The Robert’s Rules of Order, 11th Edition The current edition of ‘Robert’s Rules of Order Newly Revised’ shall be the parliamentary authority for all matters of procedure at the conventions and in so far as is appropriate at the meetings of the State Executive Committee and the Committee meetings where those rules do not conflict with the Constitution or these By-Laws of the Party. The current edition of ‘Robert’s Rules of Order Newly Revised’ shall be the parliamentary authority for all matters of procedure at the conventions and in so far as is appropriate at the meetings of the State Executive Committee and the Committee meetings where those rules do not conflict with the Constitution or these By-Laws of the Party.
Reason:  This change implements the recommended wording from Robert’s Rules of Order.  The current Twelfth Edition supersedes all previous editions and is intended automatically to become the parliamentary authority in organizations  whose bylaws prescribe “Robert’s Rules of Order.” By adopting this wording, we will not have to revise this bylaw every time there is a new edition of Robert’s Rules of OrderAlso, as a practical matter, it is very difficult to find older editions online of Robert’s Rules of Order.Passed 4-0   

BYLAWS PROPOSAL #3

Paragraph III: State Executive Committee and OfficersSection 1. The State Executive CommitteeSubsection 1B. Term of Office 

Current  Proposed Changes Wording if adopted
Each member of the Executive Committee shall serve a three (3) year term.  During each Annual Convention, a portion of the Executive Committee shall be up for election.  In the first (1st) year, the State Chair, 1st District Coordinator, and if applicable, 4th District Coordinator will be elected. In the second (2nd) year, the Treasurer, 2nd District Coordinator, and if applicable, 5th District Coordinator will be elected.  In the third (3rd) year, the Vice-Chair, Secretary, 3rd District Coordinator, and if applicable, 6th District Coordinator will be elected.  Upon the introduction of these new terms, the terms of some elected offices will be reduced while others are extended, but thereafter all elected officers will serve three (3)-year terms. Should the State of Kansas redistrict congressional districts for any reason, the coordinators then in office will stay in office and retain their given territory until the first annual convention after the redistricting is final. Each member of the Executive Committee shall serve a three (3) year term. During each Annual Convention, a portion of the Executive Committee shall be up for election and shall take office immediately upon the close of such convention.  In the first (1st) year, the State Chair, 1st District Coordinator, and if applicable, 4th District Coordinator will be elected. In the second (2nd) year, the Treasurer, 2nd District Coordinator, and if applicable, 5th District Coordinator will be elected.  In the third (3rd) year, the Vice-Chair, Secretary, 3rd District Coordinator, and if applicable, 6th District Coordinator will be elected.  Upon the introduction of these new terms, the terms of some elected offices will be reduced while others are extended, but thereafter all elected officers will serve three (3)-year terms. Should the State of Kansas redistrict congressional districts for any reason, the coordinators then in office will stay in office and retain their given territory until the first annual convention after the redistricting is final. Each member of the Executive Committee shall serve a three (3) year term. During each Annual Convention, a portion of the Executive Committee shall be up for election and shall take office immediately upon the close of such convention.  In the first (1st) year, the State Chair, 1st District Coordinator, and if applicable, 4th District Coordinator will be elected. In the second (2nd) year, the Treasurer, 2nd District Coordinator, and if applicable, 5th District Coordinator will be elected.  In the third (3rd) year, the Vice-Chair, Secretary, 3rd District Coordinator, and if applicable, 6th District Coordinator will be elected.  Upon the introduction of these new terms, the terms of some elected offices will be reduced while others are extended, but thereafter all elected officers will serve three (3)-year terms. Should the State of Kansas redistrict congressional districts for any reason, the coordinators then in office will stay in office and retain their given territory until the first annual convention after the redistricting is final.
Reason:  RONR (12th ed.) 56:27 says to avoid using the unqualified wording that we currently have; “…shall serve a ____ year term.”  This is for two reasons.  One, because at the end of that time there would be no office holder if a new officer had not been elected.  Two, this unqualified wording does not allow for removal of an officer.  This is a serious flaw in our current wording that could potentially cause problems if an officer is removed.  Our bylaws do provide a procedure for removing an officer.  The removed officer could claim (rightly) that they still hold that office through the end of the stated elected term as our current wording provides for no exceptions to the length of their term.  This is why RONR recommends, after a century of experience witnessing problems arising from poor wording of bylaws, adding the wording at RONR (12th ed.) 56:29-30 “…and until their successors are elected.”RONR also states that unless the term of an officer is to begin the instant they are declared elected, the time when they are to begin office must be specified.  There are groups that immediately pass the gavel to the newly elected officer, while there are others that wait a period of time for the newly elected officer to be seated. Our wording needs to be specific and not ambiguous, - not based upon member’s interpretation.Passed 4-0   

BYLAWS PROPOSAL #4

Paragraph III: State Executive Committee and OfficersSection 5. The State Treasurer

Current  Proposed Changes Recommended
The State Treasurer shall receive, expend, and account for the funds of the Party to the State Executive Committee at its request. The State Treasurer shall use agreed-upon accounting methods in the performance of his or her duties and be subject to review at the discretion of the State Executive Committee.  The State Treasurer shall submit reports to the Kansas State Governmental Ethics Commission as required by law. All disbursements exceeding twenty dollars ($20) shall be made solely by check, credit card or PayPal. No expenditures may be made without the approval of the State Executive Committee but it can authorize regular expenditures on a continuing basis. The Treasurer, with the consent of the State Executive Committee, shall designate the depository or depositories for all the funds of the Party. The State Treasurer shall receive, expend, and account for the funds of the Party to the State Executive Committee at its request. The State Treasurer shall use agreed-upon accounting methods in the performance of his or her duties and be subject to review at the discretion of the State Executive Committee and/or Audit Committee. The State Treasurer shall submit reports to the Kansas State Governmental Ethics Commission all applicable governmental entities as required by law. All disbursements exceeding twenty dollars ($20) shall be made solely by check, credit card or PayPal. No expenditures may be made without the approval of the State Executive Committee but it can authorize regular expenditures on a continuing basis. The Treasurer, with the consent of the State Executive Committee, shall designate the depository or depositories for all the funds of the Party. The State Treasurer may not be a member of the Audit Committee.Subsection 5A. The Assistant TreasurerThe Assistant Treasurer shall have the same compliance & fiduciary authority as the State Treasurer defined in Section 5.  The Assistant Treasurer will assist the Treasurer in his/her duties at the discretion, and direction, of the Treasurer.  The Assistant Treasurer shall be appointed by the Treasurer, upon the advice and consent of the Executive Committee. The Assistant Treasurer shall succeed the Treasurer, if the Treasurer is incapacitated, or the Treasurer position is vacated.  The Assistant Treasurer may not be a member of the Audit Committee. The State Treasurer shall receive, expend, and account for the funds of the Party to the State Executive Committee at its request. The State Treasurer shall use agreed-upon accounting methods in the performance of his or her duties and be subject to review at the discretion of the State Executive Committee and/or Audit Committee. The State Treasurer shall submit reports to all applicable governmental entities as required by law. No expenditures may be made without the approval of the State Executive Committee but it can authorize regular expenditures on a continuing basis. The Treasurer, with the consent of the State Executive Committee, shall designate the depository or depositories for all the funds of the Party.  The State Treasurer may not be a member of the Audit Committee.Subsection 5a. The Assistant TreasurerThe Assistant Treasurer shall have the same compliance & fiduciary authority as the State Treasurer defined in Section 5.  The Assistant Treasurer will assist the Treasurer in his/her duties at the discretion, and direction, of the Treasurer.  The Assistant Treasurer shall be appointed by the Treasurer, upon the advice and consent of the Executive Committee. The Assistant Treasurer shall succeed the Treasurer, if the Treasurer is incapacitated, or the Treasurer position is vacated.  The Assistant Treasurer may not be a member of the Audit Committee.
Passed 3-0

  

BYLAWS PROPOSAL #5

Paragraph VII. CommitteesSection 3. Standing Committees

Current  Proposed Changes Recommended
None.  This is a new subsection at 3B. Audit Committee Subsection 3B(i). StructureThe Audit Committee shall consist of three Libertarian Party of Kansas registered members, who shall be selected by the Executive Committee at its first regular meeting following each convention.  The Audit Committee members shall serve a three (3) year term or until their successors are selected.  Audit Committee roles will be comprised of Committee Chairperson and two at-large committee members.   The members of the Audit Committee shall elect a committee chairperson annually, after new member selections.   The inaugural selection of Audit Committee members shall follow the Annual State Convention at which the Audit Committee is established. Inaugural members will serve staggered terms of one-year, two-year & three-year terms. Subsequent individual Audit Committee members shall be selected each year after the Annual State Convention for expired and/or vacated term.  The Libertarian Party of Kansas Executive Committee shall appoint a Libertarian Party of Kansas registered member to fill any vacated position on the Audit Committee until a successor is selected after the next Annual State Convention.Subsection 3B(ii).  Purpose and ScopeThe Audit Committee shall determine, to the best of their ability, that LPKS financial statements contain no material misstatement and comply with generally accepted accounting practices. The Audit Committee shall have the authority to review, upon request to the duly elected LPKS Treasurer or LPKS Assistant Treasurer, LPKS financial statements, supporting schedules, fiduciary account statements, and governmental filings. The Audit Committee shall have the authority to review LPKS internal financial policies and processes to ensure compliance with generally accepted accounting controls & processes.Subsection 3B(iii). Duties The Audit Committee will provide an annual report of activities and findings to the membership at the LPKS Annual Convention.  The Audit Committee, upon request of the LPKS Executive Committee, will provide an interim report of activities and findings to the LPKS Executive Committee.  The LPKS Executive Committee, as a whole or individually, shall engage the Audit Committee in regards to any, and all, concerns of financial and/or reporting errors, omissions and/or misconduct. Subsection 3B(i). StructureThe Audit Committee shall consist of three Libertarian Party of Kansas registered members, who shall be selected by the Executive Committee at its first regular meeting following each convention.  The Audit Committee members shall serve a three (3) year term or until their successors are selected.  Audit Committee roles will be comprised of Committee Chairperson and two at-large committee members.   The members of the Audit Committee shall elect a committee chairperson annually, after new member selections.   The inaugural selection of Audit Committee members shall follow the Annual State Convention at which the Audit Committee is established. Inaugural members will serve staggered terms of one-year, two-year & three-year terms. Subsequent individual Audit Committee members shall be selected each year after the Annual State Convention for expired and/or vacated term.  The Libertarian Party of Kansas Executive Committee shall appoint a Libertarian Party of Kansas registered member to fill any vacated position on the Audit Committee until a successor is selected after the next Annual State Convention.Subsection 3B(ii).  Purpose and ScopeThe Audit Committee shall determine, to the best of their ability, that LPKS financial statements contain no material misstatement and comply with generally accepted accounting practices. The Audit Committee shall have the authority to review, upon request to the duly elected LPKS Treasurer or LPKS Assistant Treasurer, LPKS financial statements, supporting schedules, fiduciary account statements, and governmental filings. The Audit Committee shall have the authority to review LPKS internal financial policies and processes to ensure compliance with generally accepted accounting controls & processes.Subsection 3B(iii). Duties The Audit Committee will provide an annual report of activities and findings to the membership at the LPKS Annual Convention.  The Audit Committee, upon request of the LPKS Executive Committee, will provide an interim report of activities and findings to the LPKS Executive Committee.  The LPKS Executive Committee, as a whole or individually, shall engage the Audit Committee in regards to any, and all, concerns of financial and/or reporting errors, omissions and/or misconduct.
Passed 3-0 

BYLAWS PROPOSAL #7.a.

Paragraph III: State Executive Committee and OfficersSection 1. The State Executive Committee

Current Proposed Changes Recommended
None.  This is a new subsection 1B.  Method of Election.Following subsections to be renumbered accordingly. 1B.  Method of Election.Each member of the Executive Committee shall be elected  by the use of Ranked Choice Voting.  None of the Above (NOTA) will always be an opportunity for which to vote. 1B.  Method of Election.Each member of the Executive Committee shall be electedby the use of Ranked Choice Voting. None of the Above (NOTA) will always be an opportunity for which to vote.
Reason:  This party and its candidates have advocated for the use of Ranked Choice Voting(RCV) aka Single Transferable Vote for public elections.  The party should lead by example and use it internally for its elections.  It will also save time, especially if multiple rounds of voting are required under our current voting procedure.  This group of bylaws should be voted on before any party elections and is to take effect immediately and be used for all internal party elections starting with this convention.Note:  Our current bylaws do not mention the voting method for electing members of the Executive committee.Passed 3-0

 

BYLAWS PROPOSAL #7.b.

Paragraph IV: Meetings and QuorumSubsection 1A(iv).Delegates to the National Convention 

Current Proposed Changes Recommended
Delegates to the National Convention shall be selected at the State Convention. All votes for delegates shall be by written ballot, and “not this person” shall always be an option.  If “not this person” receives one-half or more of votes, the person who is rejected shall not serve as a delegate to the National Convention.If there are insufficient numbers wanting to attend the National Convention at the time of the State Convention, the State Chair can nominate and the State Executive Committee can fill the delegation at a later time.The State Chair or his or her designee shall chair the State Delegation to the National Convention. The Chair of the Delegation shall have authority to fill any vacant seats at the National Convention. Delegates to the National Convention shall be selected at the State Convention by the use of Ranked Choice Voting. All votes for delegates shall be by written ballot, and “not this person” shall always be an option.  If “not this person” receives one-half or more of votes, the person who is rejected shall not serve as a delegate to the National Convention. If there are insufficient numbers wanting to attend the National Convention at the time of the State Convention, the State Chair can nominate and the State Executive Committee can fill the delegation at a later time.The State Chair or his or her designee shall chair the State Delegation to the National Convention. The Chair of the Delegation shall have authority to fill any vacant seats at the National Convention.There shall always be the opportunity to vote for “none of the others” and any nominee receiving less votes than “none of the others” shall not serve as a delegate or alternate to the National Convention. Delegates to the National Convention shall be selected at the State Convention by the use of Ranked Choice Voting.There shall always be the opportunity to vote for “none of the others” and any nominee receiving less votes than “none of the others” shall not serve as a delegate or alternate to the National Convention.
Passed 3-0

 

BYLAWS PROPOSAL #7.c.

Paragraph VII. CommitteeSubsection 3C. Judicial Committee Subsection 3C(i).

Current Proposed Changes Recommended
The Judicial Committee shall consist of five Party members elected at a convention of the Party by the attending delegates held in odd-numbered years. The Judicial Committee shall select one of its members as Chair. The term of a Judicial Committee member shall begin upon the close of each convention held in an odd-numbered year and end at the close of the next convention held in an odd-numbered year. The Executive Committee shall, by appointment, fill any vacancy in the Judicial Committee until a successor shall be elected at the next convention. A Judicial Committee member may not be a member of the Executive Committee or any other standing committee. The Judicial Committee shall consist of five Party members elected by the use of Ranked Choice Voting at a convention of the Party by the attending delegates held in odd-numbered years. There shall always be the opportunity to vote for “none of the others” and any nominee receiving less votes than “none of the others” shall not serve as a member of the Judicial Committee. The Judicial Committee shall select one of its members as Chair. The term of a Judicial Committee member shall begin upon the close of each convention held in an odd-numbered year and end at the close of the next convention held in an odd-numbered year. The Executive Committee shall, by appointment, fill any vacancy in the Judicial Committee until a successor shall be elected at the next convention. A Judicial Committee member may not be a member of the Executive Committee or any other standing committee. The Judicial Committee shall consist of five Party members elected by the use of Ranked Choice Voting at a convention of the Party by the attending delegates held in odd-numbered years. There shall always be the opportunity to vote for “none of the others” and any nominee receiving less votes than “none of the others” shall not serve as a member of the Judicial Committee. The Judicial Committee shall select one of its members as Chair. The term of a Judicial Committee member shall begin upon the close of each convention held in an odd-numbered year and end at the close of the next convention held in an odd-numbered year. The Executive Committee shall, by appointment, fill any vacancy in the Judicial Committee until a successor shall be elected at the next convention. A Judicial Committee member may not be a member of the Executive Committee or any other standing committee.
Passed 3-0

 

BYLAWS PROPOSAL #7.d.

Paragraph IV: Meetings and QuorumSubsection 1A(ii). 

Current Proposed Changes Recommended
Subsection 1A(ii)(a).Candidate Nomination ProcedureThe candidates seeking the party’s nomination for each office shall be allowed to address the convention concerning their candidacy. The Convention shall approve the nomination of each person running for office on the Libertarian ticket. In all nominations, there shall always be the opportunity to vote for “none of the above” and if “none of the above” shall be nominated for any statewide office, the floor shall open automatically to nominate alternative candidates which might be more acceptable to the Convention. The Convention must nominate a candidate for at least one statewide office whenever there is one or more statewide office up for election, as our status as a party is based on the vote for a statewide office. Subsection 1A(ii)(a). Candidate Nomination ProcedureThe candidates seeking the party’s nomination for each office shall be allowed to address the convention concerning their candidacy. The Convention shall approve the nomination of each person running for office on the Libertarian ticket by the use of Ranked Choice Voting. In all nominations, there shall will always be the opportunity to vote for “none of the above” and if “none of the above” shall is be nominated for any statewide office, the floor shall will open automatically to nominate alternative candidates which might be more acceptable to the Convention. The Convention must nominate a candidate for at least one statewide office whenever there is one or more statewide office up for election, as our status as a party is based on the vote for a statewide office. Subsection 1A(ii). Candidate Nomination ProcedureThe candidates seeking the party’s nomination for each office shall be allowed to address the convention concerning their candidacy. The Convention shall approve the nomination of each person running for office on the Libertarian ticket by the use of Ranked Choice Voting. In all nominations, there will always be the opportunity to vote for “none of the above” and if “none of the above” is nominated for any statewide office, the floor will open automatically to nominate alternative candidates which might be more acceptable to the Convention. The Convention must nominate a candidate for at least one statewide office whenever there is one or more statewide office up for election, as our status as a party is based on the vote for a statewide office.
Passed 3-0

 

BYLAWS PROPOSAL #8

Paragraph III: State Executive Committee and OfficersSection 9. Removal from Office 

Current Proposed Changes Recommended
New wording to be added as a new paragraph after the existing wording in Section 9 Any member of the State Executive Committee, Non-elected district officer or Non-elected state-wide officer will be subject to removal from their office by the failure to respond to any communication by the State Chair in a previously utilized medium, to include, but not limited to, text message, email, Slack message, Facebook messenger or phone call, for 30 consecutive days, unless prior notice of absence has been given to the Chair or Secretary. Any member of the State Executive Committee, Non-elected district officer or Non-elected state-wide officer will be subject to removal from their office by the failure to respond to any communication by the State Chair in a previously utilized medium, to include, but not limited to, text message, email, Slack message, Facebook messenger or phone call, for 30 consecutive days, unless prior notice of absence has been given to the Chair or Secretary.
Passed 3-0 

PUBLIC COMMENTS

Billy Croan, 2/20/22 via email

Health freedom, section 2.  the word cajoled might be too 'casual' to fit in an official platform.  Suggest changing "cajoled by coercion" for just "coerced".
#4) says 'No companies, including vaccine manufacturers, should be exempt from liability for harm caused by their products."
I'd suggest less emphasis on their products and more on their directions/instructions/words.
I suggest saying "liability for harm caused by their products usage as the company directs." or maybe better "liability for harm resulting from their product's use as they direct."
Ned Kelley, 2/24/22 via email
In response to my friend Billy Croan's comment:
Your first suggestion is very well taken. I would agree that the ExComm should replace "cajoled by coercion" by "coerced" in the second section.
As for your second suggestion, with due respect, I am vehemently opposed. The primary objective is to hold vax manufacturers liable for injuries and deaths caused by their product, NOT simply the directions or instructions around its use.
Matt Clark (LPKS Candidate Recruitment), 2/24/22 via email:
Comments on bylaw proposal 3.
I support the addition of this language "and shall take officeimmediately upon the close of such convention." Simple, makes sense,adds clarity.The addition of "and until their successors are elected" and thereasoning behind does not make sense and with None of the Above inLPKS elections could create more problems than are being solved.First, the idea that our current bylaws contain any ambiguity onremoving an officer is wrong. With the following wording, I seeabsolutely no ground for an officer to claim they can remain inoffice. If they do, the Judicial Committee would make quick work withsuch plain and obvious language.Applicable sections read"Subsection 1B. Term of OfficeEach member of the Executive Committee shall serve a three (3) year term.""Section 9. Removal from Office. Any officer may be removed fromoffice...Elected officers can be removed by a two thirds (2/3)majority vote of the whole State Executive Committee. Any member ofthe State Executive Committee may call for a vote to remove anothermember."Second, adding "and until their successors are elected" only createsmore problems. How does this fit with our sections on appointment ofvacancies? There are numerous scenarios where a successor is notelected and this wording creates more confusion. None of the abovewinning with no subsequent candidates for that seat to vote for is onescenario that complicates this wording. No candidates running for aseat at all also causes problems.
We have plain and simply worded bylaws that are adequate, let's notcomplicate this matter further.
Ned Kelley, 3/10/22 via email:
#3 - Concerning ExComm officers' terms of office.
I agree with the feedback from Matt Clark. The "and until their successors are elected" is confusing at best. Perhaps, "or" rather than "and" would be more appropriate, but even that does not seem necessary.
#6 - Requiring Vice-Chair to head a committee.
This would bind the hands of future ExComms without knowing their circumstances. If there is a VC who does not want to serve as director of a committee and they are assigned to do so, how great of a job will they do in that role? Please do not bring this forward to convention.
#7A,B,C,D - Ranked Choice Voting. (RCV).
This needs to be divided into four proposals voted on separately.
7A and 7D are good proposals. These apply to Executive Committee elections and candidates for office. Each election is for a single-seat. Ranked Choice Voting is appropriate for these cases.
7B and 7C should not be brought forward. These apply to the convention delegation and the Judicial Committee. Both of these are multi-seat elections. RCV is inappropriate for multi-seat elections. Approval voting should be used for both cases.
#8 - Officers subject to removal for failure to communicate.
This should not be brought forward. It adds nothing. All officers are already subject to removal for the reason specified. But enumerating one particular reason for removal may lead to confusion as to whether any other actions could be grounds for removal.
Eric Lund, 3/15/22 via email:
re:  7B and 7C should not be brought forward. These apply to theconvention delegation and the Judicial Committee. Both of these aremulti-seat elections. RCV is inappropriate for multi-seat elections.Approval voting should be used for both cases.RCV also known as STV(Single Transferable Vote) is appropriate formulti-seat elections.  RCV/STV is currently used for electing multi-seatelections in Cambridge Mass., the Irish Parliament, Australian Senateand the New Mexico Libertarian party for election of national delegates.(These are just some, there are others but I don't want list every use)I will add that the Episcopal church I attended in southern Californiaused it to elect the multi-seat members of the Vestry(governing body ofthat parish).RCV can and is used for multi-seat elections.
Cullene Lang 3/17/22 via email
#3 - The reason the word "and" was used instead of "or" was to create a clear and smooth guideline for transition. The reason behind the proposal was precisely the confusion caused by Ned's resignation last year. When would it take effect? Should the VC chair the convention? This wording is an attempt to make that kind of situation more seamless. The wording chosen is recommended by Robert's Rules of Order, who have been advising on situations like this for over 150 years. It is also in keeping with our deference to Robert's Rules already in the bylaws.
#6 - One would hope that anyone running for Vice Chair had the intent of doing something rather than for the glory of having a title. This proposal in no way demands in which project a VC should be involved. It does, however, demand that our VC do something to promote the interests of the LPKS. This proposal was suggested in hopes of aiming our full Executive Committee towards activism.
#7 - I believe Eric's response to this argument explained the Bylaws Committee position clearly. Using the same system for every election makes it certain how to proceed smoothly. There would be no question about which method would be used for which election.
#8 - The situation of an unresponsive Executive Committee member happened just this year. Month after month, it was noted that the member appeared to be ghosting us, but we had no clear criteria for the Committee's response. This proposal makes it clear that a lack of response for a set amount of time is unacceptable and clarifies what the response of the Executive Committee will be.
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