Proposed Platform and Bylaw Changes - 2023

The following changes to our bylaws and platform have been approved by the Executive Committee to be posted for public comment before deciding which to vote on at convention (Apr 22, Topeka).


Proposed Bylaw Changes

Proposed Bylaw Change #1 
 
Bylaw 1: Name 
 
The organization shall be named the Libertarian Party of Kansas (LPKS), hereinafter referred to as the “Party.”
 
Replaces
 
Paragraph I: Name
Section 1.  Alternate Names
The name of this organization shall be the Libertarian Party of Kansas, which may use the alternate names of LPKS, Kansas Libertarian Party, or KLP. In these By-Laws, the word Party shall refer to the Libertarian Party of Kansas without further elaboration.
 
Proposed Bylaw Change #2
 
Bylaw 2: Purpose (2/3 required to amend) 
 
The Party exists to implement libertarian policy through political activities designed to win  political office and implement libertarian policy to uphold, promote, and disseminate the philosophy and principles of libertarianism. To that end, it shall engage in political activity designed to achieve those purposes. 
 
The Party shall do so by: 
 
  •     A. Developing an on-going political strategy to identify, expose, combat, and defeat the opponents of liberty in the political arena; 
  •     B. Engaging in political activity that promotes these stated goals; 
  •     C. Identifying, persuading, and recruiting influential individuals and opinion leaders to become members of the Party; 
  •     D. Identifying and developing coalitions with other organizations in order to realize the ideas of liberty as proclaimed in the Statement of Principles; 
  •     E. Employing media experts, political tacticians, field workers and others, as needed; 
  •     F. Preparing a statewide political environment to enhance the election of Party candidates pledged to the Statement of Principles for the singular purpose of restoring civil and economic liberty and property rights as proclaimed in the Principles and defined in the Platform; 
  •     G. Nominating, endorsing and promoting registered Libertarians who pledge to proclaim and implement the Statement of Principles of the Libertarian Party of Kansas as candidates for public office in Kansas; and 
  •     H. Promoting, chartering, and coordinating County Affiliates throughout the state.
Replaces
 
The Party is an unincorporated body politic of voters believing in the Libertarian Principles set forth in the LPKS Statement of Principles.
 
Proposed Bylaw Change #3
 
Subsection 1B: The rights and privileges of general Kansas Libertarian Party membership: 
 
  • 1. Attend all party conventions, meetings and gatherings. 
  • 2. Vote at State Nomination Convention for candidates for public office. 
Subsection 1C. Gold Star LPKS membership:
 
  • 1. To be eligible to be a Gold Star LPKS member, one must live in the state of Kansas, be registered Libertarian in the state of Kansas (if eligible) at least thirty (30) days prior to State Convention , pay $25 annual membership dues, and sign the Non-Aggression Pledge Policy (NAP).
  • 2.The rights and privileges of Gold Star Kansas Libertarian Party membership:
    • a. Hold elected or appointed office on the Executive Committee. 
    • b. Nominate, endorse, and/or vote for officers, National Delegates, Judicial Committee Members of the LPKS. 
    • c. Be eligible as an LPKS delegate to the National LP Convention. 
    • d. Seek LPKS nomination/endorsement for public office within the state of Kansas.
Subsection 1D:  Dues for Gold Star LPKS membership: 
 
Dues for Gold Star LPKS membership shall be $25 annually, and be earmarked for continued recruitment of Gold Star LPKS members, and the recruitment of qualified Libertarian candidates for local and township level offices.
 
Subsection 1E: Failure to maintain the qualifications of membership: 
 
The Executive Committee shall have the power to suspend a Gold Star membership for failure to maintain the qualifications of membership established in Subsection 1C, or for cause. Notification of the suspension is subject to written appeal within thirty days of notification. Failure to appeal shall terminate the Gold Star membership. The Executive Committee may reinstate memberships terminated under this section. The term “cause” as used in this section shall include but not be limited to the following: 
 
  • A. Intentionally involving, or threatening to involve, legal authorities in any non-civil dispute against the Party or one of its affiliates; or 
  • B. Having unpaid debts over ninety days old outstanding to the Party; or
  • C. Committing the Party to financial obligations without the consent of the Executive Committee; or
  • D. Making statements to the public in the name of the Libertarian Party which are deemed in violation of the Statement of Principles.
          A Gold Star member subject to a suspension for cause shall be provided at least 15 days’ notice before proceedings begin, in writing, of the cause. The member shall have the right to attend the proceedings and be given an opportunity to contest the cause, including the right to submit evidence, to call witnesses, and to have the assistance of counsel. 
 
          These meetings shall be held in executive session unless the member subject to suspension affirmatively waives their right to privacy.
 
Keep
 
Executive Committee members. Paragraph II: Membership
 
Section 1.  Criteria and Benefits
 
Subsection 1A. 
 
A person becomes a member of the Party when that person registers to vote in the state of Kansas and has chosen their party affiliation as Libertarian.
 
Subsection 1B.
 
The rights and privileges of Party membership:
 
1. Attend all party conventions, meetings and gatherings.
 
Add
 
2. Vote at State Conventions for Libertarian candidates seeking public office within the state of Kansas.
 
Replaces
 
3. Hold Party office.
4. Be eligible to be appointed to Party committee.
5. Be a delegate to the National Convention if that member meets the national party’s requirements.
6. Seek Party nomination for public office as a Libertarian.
 
Proposed Bylaw Change #4 
 
SubSection 1A i: Platform 
 
  •  a) The Party Platform shall consist of planks which adhere to the LPKS position on specific state issues. The Platform may be amended by deletion, substitution, or addition of any plank at any Party convention. The delegates, by a two-thirds vote, but not less than a majority of all registered delegates, may add a new plank, substitute a new plank for an old plank, or delete a plank. 
  • b) If a delegate believes an adopted plank conflicts with the Statement of Principles to the LPKS, then the delegate may challenge that plank in writing, during the convention, to the Judicial Committee. The delegate shall specify in the challenge the manner in which the delegate believes the plank is in conflict. The Judicial Committee shall decide whether the plank in question conforms to the Statement of Principles and shall make a report to the floor of the convention stating the justification of its decision. If the plank is vetoed by the Judicial Committee, it will be declared null and void; but the plank may be reinstated in the Platform by a three-fourths (3/4) vote of the convention.
Replaces 
 
Subsection 1B.  Procedure for approval of Proposed Changes  
 
At the convention, there shall be an opportunity for individuals to speak in favor of or in opposition to the proposed changes.  The State Chair shall have the ability to limit the length of these discussions with both those in favor and those in opposition having equal time.
 
Votes at the State Convention shall be a simple up or down vote with no amendments at the convention.
 
Also deletes from Subsection 1C Required Convention Votes for Approval of Proposed Changes
 
The Platform may be amended by a two-thirds (2/3) vote of the members present and voting.
 
Addition to Section 1.  Formation Of
 
The Executive Committee may appoint ad hoc committees of the party.  These committees may include, but are not limited to, Constitution and By-Laws; Finance; Judiciary; Educational and Publicity; Candidate Recruitment; and Platform.
 
Proposed Bylaw Change #5  
(Note - this change did not receive enough votes at the March Ex Com meeting and will not be considered on the convention floor.)
 
Conflicting Authority and Severability
 
 Section 1 
 
    In the event of any conflict between these Bylaws and the Kansas Elections Code, the Federal Elections Code, or any other law or regulation, these Bylaws shall govern the Party and its affairs. 
 
 Section 2 
 
If any authority should declare any portion of these Bylaws void or invalid, the remainder of these Bylaws shall remain in full force and effect. 
 
Replaces
 
Paragraph VI. Organizational Conformance with State Law
 
As this Party is a body politic recognized by the State of Kansas, it shall always remain in conformance with the requirements of State Law including the provisions of the Election Code. Should the constitution and by-laws of the Libertarian Party of Kansas not be in conformity with some requirements of State Law upon proof thereof, the State Law shall supersede and resolve the conflicting sections of these By-Laws and the Constitution.

Proposed Platform Changes

Proposed Platform Submission #1 - Monetary Freedom.

To be added to Article II - Taxes and Economics (of the current platform).

Article II, Section 5. Kansas Libertarians call for the dismantling of the Federal Reserve. We oppose any government monopolized monetary system and the legal tender laws by which such systems are enforced. We oppose the creation of a central bank digital currency or state backed "digital dollar". We advocate the use of barter; non-governmental cryptocurrencies such as Bitcoin and other distributed ledger technology; gold; silver; along with any other voluntary means of exchange.

Proposed Platform Submission #2 - Health Freedom (Abortion).

To be added to Article VI - Health Freedom (of the current platform).

Article VI. Section 6. Recognizing that abortion is a sensitive issue and that people can hold good-faith views on all sides, we believe that government should be kept out of the matter, leaving the decision to each individual and their healthcare provider for their conscientious consideration.

Proposed Platform Submission #3 - Death Penalty.
 
(Note - this change did not receive enough votes at the March Ex Com meeting and will not be considered on the convention floor.)
 

Proposed Change: Delete “A sentence of life in prison with no possibility of parole is a reasonable alternative to execution and should be adopted in its place.”

Existing Language: As men and women are fallible and imperfect, and can and do make mistakes, the death penalty should be abolished. A sentence of life in prison with no possibility of parole is a reasonable alternative to execution and should be adopted in its place.

Marked Up Proposal: As men and women are fallible and imperfect, and can and do make mistakes, the death penalty should be abolished. A sentence of life in prison with no possibility of parole is a reasonable alternative to execution and should be adopted in its place.

Final, if adopted: As men and women are fallible and imperfect, and can and do make mistakes, the death penalty should be abolished.


Public Comments

Submission for public comment in opposition to the following:

Proposed Platform Submission #3 – Death Penalty.

Proposed Change: Delete “A sentence of life in prison with no possibility of parole is a reasonable alternative to execution and should be adopted in its place.”

I am reviewing this proposal from the perspective of a Libertarian, a board member of the Kansas Coalition Against the Death Penalty and that of a citizen from the Kansas general public. I oppose this proposal. It is damaging to the effort of the abolition movement and it will not be helpful to the LPKS in drawing voters to the party.

As a Libertarian, I like proposals and positions that come with Libertarian solutions. The needed and appropriate solution is being removed. While this proposal is short and sweet it is sorely in need of an alternative idea to the death penalty. By it’s absence it leaves the reader to draw their own conclusions. Those conclusions will be undoubtedly negative for the party.

It is important to view this from the perspective of the general public. Many have little actual knowledge or opinions of the subject. Many others either already support the continuation of the death penalty or at a minimum have wildly incorrect preconceived beliefs. This is all working against us. What the public wants is “safety assurance”. What the public wants to see is that there are real consequences to murder. As a long time advocate of abolition, it has been my experience that the base public support for the death penalty is revenge. The immediate response to the wording of this proposed plank will be “well then you must want the murders to walk free”. Not having a consequence statement will make the public nervous. We need a statement that guarantees the public’s safety from additional danger from perpetrators as well as to secure protections from big government state sponsored murder. And that is murder of the guilty and the unfortunate innocent. While the elimination of the “life in prison” portion of the platform may open up possibilities other than a life sentence, our society has not come up with a better one yet. An improved consequence solution will be an incremental process. We as a state and nation lack in our response to homicide. This is where we are now. 

My view of the proposal as a board member of the Kansas Coalition Against the Death Penalty is that without the current alternative to execution, most if not all, legislative support for abolition in Kansas goes away. It is a current requirement for the passage of abolition and is a unifier to all our outreach groups (which includes the LPKS). The LPKS needs to know the importance of a singular position and message within all the abolition supporters. Inconsistency is damaging to the abolition movement because it creates confusion on what we want on sentencing. The Abolition Coalition would not recommend the removal of the current language.

The LPKS in the future should consider expanding it’s abolition plank language to include additional thoughts that would not only support the consequence of life in prison but would make the point that we believe that the perpetrator’s life can still be useful and have meaning. There is always an opportunity for future good. Capital punishment eliminates that possibility and life in prison maintains that possiblity. This language would help draw favor to abolition and to the reasoning of the LPKS. The LPKS needs to educated the public of the healing of restitutional and restorative justice, the recompense for loss/injury and the transformational opportunity for the redemption of perpetrators. Sister Helen Prejean, a prominent national abolition leader said, “people are not the sum of their worst act”. People who commit terrible crimes still have the opportunity to evolve and transform up to the moment they die. Many Christians believe that God is always working on people. He never stops. If this is true, life in prison without the possibility of parole allows for the opportunity for transformation (redemption), it allows for healing of the community, maintains the dignity of life and stops capital punishment’s expanding circle of pain. 

In closing, while I do support the consequence of life in prison without the possibility of parole, because it gives the public safety assurance, I believe there is opportunity for improvement in our justice system to a more restitution-base system rather than one focused singularly on punishment. 

Since the death penalty is the poison arrow at the heart of a failed criminal justice system this language and thinking could be an nice bridge to a Libertarian position regarding smaller crimes. One where a “private” rather than the current “public” prosecution model initiated by the state can exist. 

Al Terwelp 

Manhattan, KS

Comment on proposed platform amendment #2 Health Freedom (Abortion)

I object strongly to this addition. This is just what was removed from the national platform at the Reno convention and, as a delegate, I voted for that removal. This proposal clearly says that we have no objection to killing babies with no conditions.

Our party advocates for freedom and the non-aggression principle.  I see killing a baby in utero as the most serious of aggressions, murder.

A platform plank labeled as “Health Freedom” should be addressing items like vaccine mandates, mask mandates and forced lockdowns.  Those are true violations of the non-aggression principle. 

Michael Kerner

Lenexa, Kansas

Bylaws Public Comment

This bylaw report is difficult to follow as it does not use the "Paragraph" and "Section" format of our bylaws. Anything sent to convention needs to be in the same format as our current bylaws to be very clear what is being proposed, where the proposal is going and  what is being added, deleted or modified.The 2022 bylaws report was a good model to follow. 
 

Bylaw proposal #1. Seems entirely unnecessary. We should not spend any time on this at convention. 

"Bylaw 2" Is this supposed to replace Paragraph 1, Section 2? 
If so, it should just be added as a new Paragraph 1, Section 4. Section 2 is a description, this proposal is the purpose of the party. There is no need to delete the description of what the party is in order to add a purpose. Having a purpose for the organization without the description of what the organization is seems like a poor change. 
 
Bylaw Proposal 3: I do not support the monetary portion of this proposal. I could be ok with the 30 day requirement, but this creates a lot of bureaucracy and increased workload for party volunteers. If this does go through, I do not think 2D should be included in the final version. We should not force potential candidates to donate to the party in order to seek office. The voting body will have an opportunity at convention to ask questions of candidates prior to nomination. If they would like to verify NAP belief, that is the place to do so, not in a special membership.
 
Bylaw proposal 4: This sentence does not make sense to me. "The Party Platform shall consist of planks which adhere to the LPKS position on specific state issues." The Party Platform is our position on specific state issues, so how can it adhere to the LPKS position?
Most importantly, I am very opposed to this proposal.  Platform planks need to be carefully written and interrogated by the voting body. The amount of time it takes for due diligence on a platform proposal is longer than we have available in any convention.We currently have months to review changes, this could result in only minutes to review.  We are also considering bylaw changes with membership  to address the potential of hostile takeover. A slow, careful and deliberative bylaw and platform change process is another piece of the anti takeover puzzle. We should keep the process we have
 
Bylaw Proposal 5: I have a compromise to my original opposition to this proposal I would like to have considered. 
 
Paragraph VI. Organizational Conformance with State Law
 
Section 1: As this Party is a body politic recognized by the State of Kansas, it shall always remain in conformance with the requirements of State Law including the provisions of the Election Code. Should the constitution and by-laws of the Libertarian Party of Kansas not be in conformity with some requirements of State Law upon proof thereof, the State Law shall supersede and resolve the conflicting sections of these By-Laws and the Constitution.
 
Subsection 1A: The Executive Committee may, by unanimous vote of all current Executive Committee office holders, hold these By-Laws and Constitution to remain in effect despite non-conformity with State Law, including Election Code.
 
 Section 2 
If any authority should declare any portion of these Bylaws void or invalid, the remainder of these Bylaws shall remain in full force and effect. 
 
This compromise ensures we are always in compliance with State Law, which is critically important to existing an organization in the state of Kansas. Being in deliberate violation of state law with our constitution or bylaws is a significant liability to our organization. (See the recent proposed $12,000 fine for a neighboring state's party) In addition to liability to the party, our elected Excomm members also hold personal liability if the party chooses to deliberately violate state law with some section of our constitution or bylaws. While I cannot foresee a scenario where a change to state law as it relates to our party's organization in the constitution and bylaws would be something we need to take a stand on, this compromise provides  a method to do so. That vote should be unanimous of all excomm members in office, keeping in mind their personal liability as board members in our state's legal system. 
 
Matt Clark
Overland Park, KS

If you would like to submit public comment to be added to this post, please submit via email.

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