Hoo boy, we have some messes to clean up this month¸ don't we? A lot to do...

Vote Cheat Sheet

  • Appointments of Region 8, Region 12, and At-Large 1 - no vote necessary
  • Election of Treasurer - Steven Nekhaila
  • Aye / Passed - 603 Motion to Adopt Libertarian National Committee’s CiviCRM
  • Aye / Passed - 604 Motion to Amend Standing Rules Article I on Membership
  • Aye / Passed - 605 Motion to budget up to $500 to the Communications Committee
  • Withdrawn - 606 Motion to schedule quarterly budget meetings
  • Aye / Passed - 607 Motion to Amend Standing Rules Article II on Authorized Payments
  • Aye / Passed- 608 Motion to Stop Levying Party Assessment on Candidate Filing Fees
  • Referred to Rules Committee - 609 Motion to Amend Standing Rules Articles X-XII to Clarify Convention Procedures
  • Referred to Rules Committee - 610 Motion to Amend Standing Rules to Remove Selection and Clarify Candidates
  • Referred to Rules Committee - 611 Motion to amend Standing Rules Article VIII
  • Referred to Rules Committee - 612 Motion to Grant Elected Officials Honorary Membership
  • Referred to Legislative Action Committee - 613 Motion to task the Legislative Action Committee
  • Chair Ruled Out of Order - 614 Motion to remove Marialexandria Garcia as Candidate Committee Chair

Chair Report 

Appointment of Larry Gillis as Region 12 Representative.

Motion to accept the resignation of Brandon Kneeld (de facto, switched to DEM)

Appointment of Bryan Zemina as Region 8 Representative.

Appointment of Adolfo Jiminez as At-large 1 Representative

Analysis: No votes are necessary on these motions (although we may choose to have a vote on accepting the resignation of Kneeld, there is some ambiguity as to how RONR and the LPF Constitution interact on this). However, I plan to tentatively support the confirmations in January of Alicia Henderson Larry Gillis and Adolfo Jiminez pending more information from the appointee, and strongly endorse Bryan Zemina for confirmation in January.

Review: There was some confusion on Alicia Henderson's eligibility for the position. As I understand it, Ms. Henderson had requested to postpone the appointment until January. Unfortunately, the LPF Constitution does not allow that. So Larry Gillis, the Vice-Chair of the Libertarian Party of Lee County who had also indicated a willingness to accept the appointment, was appointment.

Old Business

Election of Treasurer - Steven Nekhaila

Analysis: Having worked closely with Steven Nekhaila since his appointment to Director At-Large 1, and particularly closely in the past few days to plan our strategy for our financial situation, I strongly endorse confirming Steven Nekhaila as the Treasurer who will help us move forward.

Review: Steven was the only candidate nominated, and won by unanimous vote.

New Business

Motion No.: 603 - Aye / Passed

Title: Motion to Adopt Libertarian National Committee’s CiviCRM

Mover: Steven Nekhaila

Text:  I move that the Libertarian Party of Florida shall adopt the Libertarian National Committee's CiviCRM program. The membership committee shall adopt and merge our data with CiviCRM and shall be responsible for assigning users and maintaining the database. At the next Executive Committee meeting in January, the membership committee shall give a report to the EC in regards to the sufficiency and capitalization of CiviCRM, and may have the opportunity to make any recommendations and comments.

Analysis: Having been part of the task force that reviewed and recommended our CRM solutions, I believe that aligning ourselves with the LNC is the best short-term solution to our immediate problems. Out of all the CRMs I reviewed (noted on the Affiliate Support Committee report) all but three of them were unaffordable for our use case - I define affordable as less than $6,000 per year. The LNC CRM is free unless we wish to pay for additional support or new development. The other two affordable choices were ECanvasser - which I do believe may play a future role in our party - at $3,160 per year, and CrowdSkout at $6,000 per year. Right now is not the time to commit to large recurring expenses for basic operational systems the party needs immediately. 

The LNC CRM will do the bare minimum of what we need - restore our backup data, track membership updates from our website, allow committees to conduct basic category searches and track activities on specific hot leads, and conduct ongoing import of voter registration data from the state. I have corresponded extensively with Andy Burns, the technical lead of this CRM, to confirm all of these capabilities and the service agreement would use. There is, in my opinion, no reason to reject this proposal even though I do hope we outgrow in six months to a year.

Review: No significant surprises in discussion.

Motion No.: 604 - Aye / Passed

Title: Motion to Amend Standing Rules Article I on Membership

Mover: Greg Peele

Text: I move to amend Article I of the Standing Rules to:

Amend Section 2 to replace the text "Members registered for the meetings have the privilege as a delegate voting at the Annual

Business Meeting" with "All LPF members as defined by the LPF Constitution have"; to insert the word "any" in between "the right to nomination and election to" and "party office"  and to replace "nomination to a office" with "nomination to any office";

Amend Section 3 to replace the section text entirely to read "LPF membership as defined by the LPF Constitution shall be considered sufficient credentials to attend any LPF meeting, including the Annual Business Meeting. County affiliates shall have the right to prescribe their membership and their county executive committee composition in their written governing documents in any way whatsoever that maintains the fundamental right of all LPF members legally residing in the county to fully and meaningfully participate in the business of the county affiliate without monetary encumbrance, that receives approval from the LPF Executive Committee and their county Supervisor of Elections for defined county executive committee districts (other than at-large or precinct) as required by F.S. 103.091(1), and that recognizes all elected state legislators that are LPF members legally residing in the county as at-large members of their executive committee as required by F.S. 103.091(6)(a)."

Reference text with modifications:

Article I Membership

Section 1.

(not modified)

 

Section 2.

Members registered for the meetings have the privilege as a delegate voting at the Annual

Business Meeting All LPF members as defined by the LPF Constitution have the right of appointment to committees, the right to attend committee meetings as observers or witnesses, the right to nomination and election to any party office, and the

right to nomination to a any office for which they are qualified by law

 

Section 3.

This membership shall be credentials for all meetings and Annual Business Meetings of the LPF

and for membership in local affiliates, subject to procedures adopted by the county affiliates.

LPF membership as defined by the LPF Constitution shall be considered sufficient credentials to attend any LPF meeting, including the Annual Business Meeting. County affiliates shall have the right to prescribe their membership and their county executive committee composition in their written governing documents in any way whatsoever that maintains the fundamental right of all LPF members legally residing in the county to fully and meaningfully participate in the business of the county affiliate without monetary encumbrance, that receives approval from the LPF Executive Committee and their county Supervisor of Elections for defined county executive committee districts (other than at-large or precinct) as required by F.S. 103.091(1), and that recognizes all elected state legislators that are LPF members legally residing in the county as at-large members of their executive committee as required by F.S. 103.091(6)(a).

Analysis: So, I apologize for spamming the EC with rules motions this month. A lot of these have been in discussion with Rules Chair Philippe Cadorette for a while. This motion in particular is intended to address the issues uncovered in the response to Motion #597, which the Rules Committee will present a report on during the call. I will note that it would normally be appropriate to make these sorts of changes through the Rules Committee, but I have not seen much activity from the Rules Committee and since these changes are important to defending the party, I took initiative to move them myself and force the discussion.

The short version of what this rules change is intended to accomplish is to clarify two things that are necessary for the party operate as it has been:

1.) To explicitly and unambiguously state that LPF membership is sufficient to run for any LPF EC position in the state, regardless of residence, county EC membership, or other criteria.

2.) To explicitly and unambiguously state that LPF county affiliates prescribe their membership and their EC composition in any way whatsoever that complies with minimal legal standards, and the LPF does not specify how a county affiliate should organize it in this regard.

Some key concerns that have been raised already prior to the meeting:

1.) This amendment does not eliminate the right to obtain delegate status, which is already fully prescribed in LPF Constitution 2.5 and subject to time limits and registration requirements as provided in LPF Bylaws 4.3. Indeed, the Standing Rule is almost entirely covered by the LPF Constitution 2.5, except the critical piece that specifies that LPF membership is the only requirement to run for any EC position. The Convention Committee and Secretary will still have the duty to set reasonable implementation policies to ensure delegate registration is properly handled.

2.) Some have raised concerns about allowing county affiliates to prescribe their membership and EC so freely. I will note that this is already customary practice, and the word salad that my amendment is replacing arguably already stated that. Without any such statement, we run the risk of our county ECs being locked into the state-defined default which does not make sense for most counties. As a practical matter, any change to restrict how affiliates operate MUST be done in the Bylaws (or higher) at Convention to avoid running afoul of the affiliate autonomy clause in the Bylaws. As a matter of principle, I do not see why the LPF EC should care how county affiliates organize themselves so long as it ensures LPF members have the right to participate and meets the minimum state law compliance to avoid dissolution.

Review: 

Motion to Refer to Rules Committee - Abstain / Failed

No significant surprises in discussion, most of the questions had been brought up in advance.

Motion No.: 605 - Aye / Passed

Title: Motion to budget up to $500 to the Communications Committee

Mover: Chris Rose II

Text: I move to budget up to $500 to the Communications Committee for the purpose of running social media ads promoting the 2019 LPF Annual Convention.  Ads shall contain the LPF website address and include the dates of the Convention. Ads shall invite the viewer to continue to check the website for future updates to the event (speaker lineup, ect.). This budget shall be available for use by the Communications Committee until the February business meeting of the Executive Committee, at which time the Communications Committee shall include in their report a detailed analysis of how the funds were used among the platforms, percentage of increased website traffic, and relevant interest shown on the ads.

Analysis: I have been assured that Convention Chair Zach Detwiler and Communications Chair Chaz Sanders agree with the necessity of this expense. While I am sensitive to not making unnecessary expenditures at this time, we must proceed with full confidence to our Convention and make it the most successful Convention we have had to date. Social media advertising is a normal and expected cost that I strongly support, and it is better to start early than late.

Review: Passed without discussion.

Motion No.: 606 - Withdrawn by Mover

Title: Motion to schedule quarterly budget meetings

Mover: Steven Nekhaila

Text: The Libertarian Party of Florida shall setup quarterly budget meetings to discuss the monetary needs of the Committee Chairs. The budget will be recorded as line items on a revolving budget to be kept track of by the Treasurer. The meeting will include the Chair, Vice Chair, Treasurer, Secretary, and the three Directors At Large. Regional Representatives may attend and vote in the meeting but are not required to do so. The meetings shall be scheduled by the Chair each fiscal quarter, no sooner than 30 days apart, and no later than 120. The line items approved by the officers in the meeting shall be dispensed by the Treasurer as appropriate.

The Treasurer shall be responsible for recording and maintaining, in sufficient detail, an operating budget that shall be presented at each budget meeting that accounts for the following:

  •   Recurring Donations Pledges
  •   Donations
  •   General Fundraising Costs
  •   Convention and Event Costs
  •   LPF Store Sales
  •   Capital Expenditures
  •   Program Expenses
  •  A Current Bank Statement

Analysis: This motion was already planned before we found out about the recent issues, but its importance is obviously undeniable in light of them. I completely agree with all of the reporting requirements Treasurer Nekhaila has outlined, and of course due to the recent change (assuming confirmation) he will be responsible for complying with them, although I would like to see them monthly rather than quarterly. However, I have heard some legitimate concerns about the actual budget meeting - anything other than a nonbinding advisory meeting would have to fall under the rules for EC business meetings, and thus different attendance requirements, quorums, and voting procedures may not be specified. I have a tentative amendment to resolve these issues:

Amendment: 

The Libertarian Party of Florida shall setup quarterly budget meetings to discuss the monetary needs of the Committee Chairs. The budget will be recorded as line items on a revolving budget to be kept track of by the Treasurer. The meeting will include the Chair, Vice Chair, Treasurer, Secretary, and the three Directors At Large. Regional Representatives may attend and vote in the meeting but are not required to do so. The meetings shall be scheduled by the Chair each fiscal quarter, no sooner than 30 days apart, and no later than 120. The line items approved at the meeting shall be presented as a budget motion to the Executive Committee for consideration at the next regular business meeting. the officers in the meeting shall be dispensed by the Treasurer as appropriate.

The Treasurer shall be responsible for recording and maintaining, in sufficient detail, an operating budget that shall be presented at each budget Executive Committee regular business meeting that accounts for the following:

  •   Recurring Donations Pledges
  •   Donations
  •   General Fundraising Costs
  •   Convention and Event Costs
  •   LPF Store Sales
  •   Capital Expenditures
  •   Program Expenses
  •  A Current Bank Statement

Review: This motion was challenged as out of order due to conflicts with the Constitution. Technically I'm not sure you can rule a motion out of order while amending the agenda, I think that has to wait until the actual motion, but based on these concerns the mover withdrew the motion to resubmit with changes at a future meeting.

Motion No.: 607 - Aye / Passed

Title: Motion to Amend Standing Rules Article II on Authorized Payments

Mover: Greg Peele

Text: I move to amend the Standing Rules Article II to clarify authorized payment methods and remove obsolete language with the following changes:

Amend Article II title to instead read "Contributions and Expenditures"

Amend Article II Section 1 to replace "Donations should" with "Contributions shall"

Amend Article II to strike Section 4a in its entirety and renumber Section 5 to become Section 4.

Add a new Section 5 with the text "Directed contributions may be made with the donor's prior written instructions that the contributed funds be used for any specific lawful tax-exempt purpose(s) of the party. Such directed funds shall only be expended with the Chair's approval for the purpose(s) specified by the donor's written instructions. The Chair or the LPF Executive Committee may refuse the contribution. Directed contributions may not be made to specific political candidates and any such contribution must be refused. If the contribution is refused or if circumstances result in it being impossible to lawfully expend the funds in accordance with the donor's written instructions, the funds shall be refunded to the donor if possible. If the donor cannot be refunded or refuses the refund in writing, the funds become available to the party for any purpose at the discretion of the LPF Executive Committee."

Add a new Section 6 with the text "Authorized expenditures are defined as expenditures that have been authorized by vote of the LPF Executive Committee either specifically or matching a general budget authorization; expenditures from a recurring bill, commission, or subscription fee obligated by a contract or service agreement previously authorized by vote of the LPF Executive Committee; and expenditures approved in writing by the Chair in accordance with Standing Rules Article II Section 4 or Section 5. The Treasurer shall verify that all expenditures are authorized prior to payment using party funds. The Treasurer may be held personally liable for unauthorized expenditures of party funds to the extent permitted by law."

Add a new Section 7 with the text "The Treasurer shall pay all authorized expenditures by written check, except that the Treasurer may pay expenditures by debit card transaction if the amount is below the threshold specified in the Bylaws requiring two signatures. No other payment method for any expenditure shall be used except as approved by vote of the LPF Executive Committee for the specific expenditure."

Reference text after amendment:

ARTICLE II Donations Contributions and Expenditures

Section 1.

Donations should Contributions shall be made to the LPF in keeping with the laws governing donations to political

parties and candidates. Such funds shall be expended at the discretion of the Executive

Committee.

 

Section 2:

The Executive Committee shall have authority to raise and expend funds for purposes relating

to party business, in accordance with the party Bylaws, Article IV.

 

Section 3.

The Executive Committee may delegate authority to the Chair to expend funds relating to party

business.

 

Section 4a.

The Treasurer shall account for the amount due and disperse the affiliate’s share quarterly, but

only if the accumulated amount is $50 or more. This revenue sharing shall not apply to

contributions made for a specific purpose.

 

(1). If the collected, accumulated share for an unaffiliated county exceeds $50.00, the Executive

Committee shall have the authority to approve utilization of funds in excess of the $50 minimum

for affiliate formation and promotion purposes in the specific unaffiliated county from where the

funds were drawn.

(2) The Executive Committee shall not authorize any expenditure that would reduce the

collected, accumulated unaffiliated county funds below $50.00 for any specific county.

 

Section 5.Section 4.

The chair of the LPF-EC is authorized to spend, at the chairs sole discretion, up to $100 per

month without prior approval for any LPF business need. The chair shall be required to account

and report with proper documentation including at a minimum of receipts all expenditures to the

entire LPF-EC, for all expenses at the first business meeting after the prior month for such

expenditures in that prior month.

 

The chair may submit proper documentation for reimbursement to the treasurer for such

expenses if the chair makes payments from personal funds. Such reimbursements shall also be

reported as any other expense.

 

In no event shall the chair spend more than $200 before a report is made to the LPF-EC.

The money not spent in prior months shall not be added to subsequent months.

 

Section 5.

Directed contributions may be made with the donor's prior written instructions that the contributed funds be used for any specific lawful tax-exempt purpose(s) of the party. Such directed funds shall only be expended with the Chair's approval for the purpose(s) specified by the donor's written instructions. The Chair or the LPF Executive Committee may refuse the contribution. Directed contributions may not be made to specific political candidates and any such contribution must be refused. If the contribution is refused or if circumstances result in it being impossible to lawfully expend the funds in accordance with the donor's written instructions, the funds shall be refunded to the donor if possible. If the donor cannot be refunded or refuses the refund in writing, the funds shall become available to the party for any purpose at the discretion of the LPF Executive Committee.

 

Section 6.

Authorized expenditures are defined as expenditures that have been authorized by vote of the LPF Executive Committee either specifically or matching a general budget authorization; expenditures from a recurring bill, commission, or subscription fee obligated by a contract or service agreement previously authorized by vote of the LPF Executive Committee; and expenditures approved in writing by the Chair in accordance with Standing Rules Article II Section 4 or Section 5. The Treasurer shall verify that all expenditures are authorized prior to payment using party funds. The Treasurer may be held personally liable for unauthorized expenditures of party funds to the extent permitted by law.

 

Section 7.

The Treasurer shall pay all authorized expenditures by written check, except that the Treasurer may pay expenditures by debit card transaction if the amount is below the threshold specified in the Bylaws that requires two signatures. No other payment method for any expenditure shall be used except as approved by vote of the LPF Executive Committee for the specific expenditure.

Analysis: So this one I wrote in light of discovering that $15,400 of unauthorized expenses had been made by the prior Treasurer, and that we lacked sufficient financial controls to monitor that and prevent it. No rule will ever prevent an idiot or a fraud from acting improperly, but the rule will guide those with good intentions on what they should do, and clearly specify legal liability for future lawsuits should unauthorized activity happen. The primary goals of this amendment are:

1.) Define what constitutes an authorized expense in a rigorous way, with no room for interpretation.

2.) Define what constitutions an authorized payment method in a rigorous way, with no room for interpretation.

3.) Clarify the rules we have been already using on directed contributions.

4.) Remove an obsolete section regarding "affiliate share" that is out of order since contribution sharing with county affiliates was repealed many years ago.

Hopefully the merits of this rule change are obvious.

If there is substantive debate on the new content, it may be wise to move to divide the question to separate out the cleanup (minor edits and deletion of old Section 4) from the new content. If folks would prefer to see the new content rigorously analyzed by the Rules Committee, then a motion to refer would be appropriate.

Review:

Motion to Refer to Rules Committee - Abstain / Failed

No significant surprises in discussion.

Motion No.: 608 - Aye / Passed

Title: Motion to Stop Levying Party Assessment on Candidate Filing Fees

Mover: Greg Peele

Text: I move to inform the Florida Division of Elections per the authority granted in FS 99.096 that the Libertarian Party of Florida chooses not to levy the party assessment fee on candidate qualifying fees as described in FS 99.092 for all candidates qualifying on or after January 1, 2019

Analysis: After investigating why Greg Caudill for Alachua County Commission did not receive his party assessment reimbursement as required by our Bylaws, I determined that it was because he did not pay the partisan filing fee in the first place. The Alachua Supervisor of Elections charged him the lower nonpartisan rate even though he appeared as LPF on the ballot. Researching F.S. 99.092 and F.S. 99.096, along with the official interpretation of the Florida Division of Elections, it appears that all minor parties have the discretion of whether to charge the party assessment, we only need to file a letter saying which we prefer. Without such a letter, it is unclear what the default is; perhaps each jurisdiction makes their own guess.

Basically, this means we can reduce the filing fees for our candidates to make it easier to run LPF, and stop giving the state an interest-free loan. Win/Win.

Review: Some discussion on whether retaining the party assessment made sense as a gate against "undesired" LPF candidates. I pointed out that legally speaking our Bylaws require us to reimburse the party assessment, and a lawsuit involving a Florida House candidate established that was binding. I don't believe the party should be the gatekeeper or make filing LPF more difficult.

Motion No.: 609 - Referred to Rules Committee

Title: Motion to Amend Standing Rules Articles X-XII to Clarify Convention Procedures

Mover: Greg Peele

Text: I move to amend the Standing Rules Articles X, XI, and XII to clarify convention procedures in the following ways:

Amend Article X Section 3 to replace "the Bylaws and Standing Rules" with "the Constitution, the Bylaws, and the Standing Rules"

Amend Article X Section 4 to strike the sentence "The Chairperson may exercise this right unless one third of the delegates object."

Amend Article X to strike Sections 1 and 2 and renumber remaining sections accordingly.

Amend Article XI to change the title to "Special Conventions"; to insert the word "business" after "Special"; to insert "with a 75% vote" after "by the Executive Committee"; to insert "may be called" before "by two (2) county affiliates"; and to insert the text at the end "The special business meeting must be called with at least 30 days notice on the public and functional LPF website and to all county affiliates."

Amend Article XII to strike the word "Annual"

Reference text after amendment:

ARTICLE X Annual Convention Agenda

Section 1.

The Executive Committee shall manage all conventions.

 

Section 2.

Any members may request the Executive Committee to include on the agenda any item. Such

request shall be in writing to the Chairperson thirty (30) days prior to the convention, or within

seven (7) days following the announced date and place of the convention, whichever is closest

to the convention date.

 

Section 3. Section 1.

The agenda must include all items required by the Constitution, the Bylaws, and the Standing Rules.

 

Section 4. Section 2.

The Rules Committee may establish and publish convention rules to supplement existing

requirements and Standing Rules. The Chairperson may exercise this right unless one third of

the delegates object.

 

ARTICLE XI Annual Convention Special Conventions

Special business meetings of the LPF may be called by the Executive Committee with a 75% vote or may be called by two (2) county

affiliates, or by twenty-five percent (25%) of the county affiliates, whichever is the largest. The special business meeting must be called with at least 30 days notice on the public and functional LPF website and to all county affiliates..

 

ARTICLE XII Annual Convention Delegates & Procedures

(No change in Article XII sections or text)

Analysis: This motion is lower-priority but necessary cleanup to address issues with Convention rules and procedures. If desired by the EC, we refer this to the Rules Committee to present a recommendation by or before February since it is not time-sensitive. The primary goals of this rules change are:

1.) Clarify that Constitutional items must be on the Convention agenda

2.) Prevent the EC from being able to inappropriately call a special Convention without a sufficient supermajority and public notice on the website and to the county affliates

Review: Given that this was complicated and not time-sensitive, I moved to refer my own motion to the Rules Committee.

Motion to Refer to Rules Committee - Aye / Passed

Mover: Motion No.: 610 - Referred to Rules Committee

Title: Motion to Amend Standing Rules to Remove Selection and Clarify Candidates

Mover: Greg Peele

Text: I move to amend the Standing Rules Article IV and Article XIII to remove references to the abolished Selection Committee in the following ways:

Amend Article IV Section 1 to insert "party" after "All candidates for" and before "office"; replace "before the convention" with "before the Annual Business Meeting."; and to replace "This may be delegated to the Selection Committee" with "This may be delegated to the Convention Committee"

Amend Article IV Section 2 to replace the text entirely with "All candidates for party office and political office shall signify intent in writing with the Secretary, either on their convention registration form or separately."

Strike Article IV Section 3 and Section 4 and renumber the following sections accordingly.

Amend Article XIII Section 1 to replace "Certified" with "official" and insert at the end "as defined in the LPF Constitution."

Amend Article XIII Section 2 to replace the text in its entirety with "The Executive Committee shall be the sole authority to authorize contributions to political candidates, authorize expenditures related to candidate campaign activities, formally endorse candidates for political office, and approve contractual agreements with candidate campaigns. Logistics support and any other non-financial assistance to candidates may be provided by committees at their discretion in accordance with the Constitution, Bylaws, and Standing Rules."

Amend Article XIII to add a new Section 3 with the text "County executive committees may endorse, certify, screen, or otherwise recommend one or more official Libertarian candidates as defined in the LPF Constitution for party nomination for election by majority vote of the county executive committee at any business meeting called with proper notice prior to the qualifying date(s) for the candidate(s) per the requirements of F.S. 103.121(4). This section only applies to LPF partisan political candidates prior to the qualifying period and does not limit the county executive committee in any way regarding any other types of candidates."

Amend Article XIII to add a new Section 4 with the text "The Executive Committee shall make party nominations for political office when required by law, such as to replace a candidate that withdrew after becoming the party nominee, at the next business meeting after receiving notice that such nomination is required. Any LPF member that would meet the criteria to be an official Libertarian candidate may be nominated for consideration by any member of the Executive Committee. The nominee receiving a majority vote at the business meeting, if any, shall become the party's nominee for the office. "None of the Above" shall be an option for the nomination, and no nomination will be made if "None of the Above" receives a majority vote."

Reference text after amendment:

Article IV Election of Officers, Directors, Candidates

Section 1.

All candidates for party office and political office may be asked to confirm certain basic principles

before the convention Annual Business Meeting. This may be delegated to the Selection Convention Committee for candidates for

party office (including Delegates to the National Convention of the Libertarian Party and

Presidential Electors) and to the Candidate Committee for Candidates for political office, and

includes confirming that they are members of the State Party and registered to vote in the state

as Libertarians.

 

Section 2.

All candidates for officers, representatives, and political office shall file intention forms with the

Selection Committee or with the secretary if nominated from the floor. These will be provided by

the committee.

All candidates for party office and political office shall signify intent in writing with the Secretary, either on their convention registration form or separately.

 

Section 3.

Such forms should be on file before the Executive Committee names a person to fill the

vacancy.

 

Section 4.

Candidates nominated must be able to serve if elected.

 

Section 5. Section 3.

Delegates and Alternates to the National Convention of the Libertarian Party not otherwise

elected at an LPF State Convention shall be approved by the LPF Chair and the LPF Secretary

to be credentialed as delegates and alternates. Members of the LPF EC may be credentialed as

EX Officio Delegates at any time. All delegates and alternates must be registered to vote as

Libertarians in Florida and be members of the LPF.

 

Section 6. Section 4.

Notice of all party meetings shall be provided and include the time, date, and place (or

telephone conference number, internet URL, and login information where applicable) at least

fourteen (14) days prior to the meeting date. Notice of meetings, including the above referenced

information, shall be published on the official Libertarian Party of Florida website at

https://docs.lpf.org at least fourteen (14) days prior to the meeting date.

16

 

Section 7. Section 5.

In a presidential election year, the Executive Committee shall nominate presidential electors

equal to the total number of U.S. Representatives and Senators in the State of Florida. The list

of presidential elector nominees shall be presented to the Governor prior to September 1st, or

as required by law.

 

Section 8. Section 6.

All committee seats apportioned to Florida by the Libertarian National Committee shall be filled

by current LPF registered voters who are Members of the Florida Libertarian Party and who are

also members of the National Party with appointment by the state chair and confirmation by the

state executive committee. Appointees may be recalled by majority vote of the full state

executive committee.

 

ARTICLE XIII Political Candidates

Section 1.

The Libertarian Party of Florida may provide financial and logistical campaign support, and

conduct campaign activities only for Certified official Libertarian Candidates as defined in the LPF Constitution.

 

Section 2.

The Executive Committee is responsible for approving candidates who are recommended by

the Selection Committee to run for public office. Candidates who have been both recommended

by the Selection Committee and approved by the Executive Committee shall be known as

Certified Libertarian Candidates. Certified Libertarian Candidates are eligible to receive financial

and logistical campaign support from the LPF in accordance with applicable Florida and Federal

law, and strictly at the discretion of the Executive Committee of the LPF in accordance with the

Bylaws and Standing Rules.

The Executive Committee shall be the sole authority to authorize contributions to political candidates, formally endorse candidates for political office, and approve contractual agreements with candidate campaigns. Logistics support and any other non-financial assistance to candidates may be provided by committees and Executive Committee members at their discretion in accordance with the Constitution, Bylaws, and Standing Rules.

Section 3.

County executive committees may endorse, certify, screen, or otherwise recommend one or more official Libertarian candidates as defined in the LPF Constitution for party nomination for election by majority vote of the county executive committee at any business meeting called with proper notice prior to the qualifying date(s) for the candidate(s) per the requirements of F.S. 103.121(4). This section only applies to LPF partisan political candidates prior to the qualifying period and does not limit the county executive committee in any way regarding any other types of candidates.

Section 4.

The Executive Committee shall make party nominations for political office when required by law, such as to replace a candidate that withdrew after becoming the party nominee, at the next business meeting after receiving notice that such nomination is required. Any LPF member that would meet the criteria to be an official Libertarian candidate may be nominated for consideration by any member of the Executive Committee. The nominee receiving a majority vote at the business meeting, if any, shall become the party's nominee for the office. "None of the Above" shall be an option for the nomination, and no nomination will be made if "None of the Above" receives a majority vote.

Analysis: This motion is lower-priority but necessary cleanup to address issues with policy towards Libertarian candidates for party office and political office. If desired by the EC, we can refer to the Rules Committee to present a report by or before February since it is not time-sensitive. The primary goals of this rules change are:

1.) Remove all references to the abolished Selection Committee in the Standing Rules (some Bylaws references must be fixed at Convention)

2.) Clarify that the LPF committees and members may support any LPF candidate as defined in the Constitution, EC approval is only needed for contribution expenses, budget authority, or formal endorsement

3.) Clarify the procedure for making party nominations in partisan races when the government requires it. This can happen if an LPF partisan candidate, after winning the primary, dies or otherwise withdraws. The EC needs a policy for how to handle this in case it ever does happen.

4.) Clarify the procedure as required by FS 103.121(4) for when county affiliates may endorse LPF candidates prior to the resolution of an LPF primary. The proposed allows affiliates to make their own decisions on this controversial topic. Currently, state law forbids affiliates from making any such endorsements except as provided for by state party written rule. So this change improves affiliate autonomy rather than limits it.

Review: Given that this was complicated and not time-sensitive, I moved to refer my own motion to the Rules Committee.

Motion to Refer to Rules Committee - Aye / Passed

Motion No.: 611 - Referred to Rules Committee

Title: Motion to amend Standing Rules Article VIII

Mover: Chris Rose

Text: I move to amend LPF Standing Rules Article VIII, Section 1 to read, "The Chairperson shall speak for and at the direction of the Executive Committee and the Party, and shall report all official correspondence to the Executive Committee at or before each regularly scheduled business meeting."

This would add additional language to the section which currently reads, "The Chairperson shall speak for and at the direction of the Executive Committee and the Party."

Analysis: Due to the sensitive nature of the issue that led to this motion, I do not intend to discuss that. While I do agree that the Chair should share all official correspondence with the Executive Committee, and we can do so in Executive Session for legal matters do unfortunately require secrecy, I am not sure if this rule is the best way to guide the Chair. I will listen to debate and vote accordingly on the call. It may be best to refer this to the Rules Committee to present a report by or before the February meeting to determine if there are any gaps or unintended consequences.

Review: Given that this was not time-sensitive, I supported moving to refer it to Rules Committee.

Motion to Refer to Rules Committee - Aye / Passed

Motion No.: 612 - Referred to Rules Committee

Title: Motion to Grant Elected Officials Honorary Membership

Mover: Steven Nekhaila

Text: The Libertarian Party of Florida shall grant an honorary LPF membership to all elected officials in Florida who are registered LPF for the remainder of their incumbancy, or indefinitely if they certify they oppose the initiation of force to achieve political or social goals in writing to the Secretary. The Chair will have the discretion to deny honorary memberships, which may be appealed by a 3/4 vote of the EC.

Analysis: Given that it is trivially easy to become an LPF member, I do not see the need for this motion. Furthermore, since it is not a permanent change in our governing documents but rather a motion of the current EC, it will expire in May if passed. I believe this matter should be a Constitutional or Bylaws question to the full delegation in May.

Review: Concerns about the Constitutionality of this motion were brought up since it defined members in a way that wasn't consistent with the Constitution. I agreed with referring it to the Rules Committee.

Motion to Refer to Rules Committee - Aye / Passed

Motion No.: 613 - Referred to Legislative Action Committee

Title: Motion to task the Legislative Action Committee

Mover: Chris Rose

Text: In keeping with the stated goal of the Committee,

I move to task the Legislative Action Committee with the responsibility of creating a liberty scorecard for each member of the Florida Legislature, including those newly elected this year.

This scorecard shall use grades A through F, where,

An "A" grade will denote the State Senator or House Representative's excellent record of sponsoring, legislating, or advocating for liberty-promoting legislation that is keeping with the Platform of the Libertarian Party of Florida,

And where,

An "F" grade will denote the State Senator or House Representative's record of sponsoring, legislating, or advocating for a majority of legislation which harms individual rights and sovereignty, that which goes against the Platform of the Libertarian Party of Florida.

The Legislative Action Committee shall make this report readily available to the Executive Committee prior to the beginning of the 2019 Florida Legislative Session.

This report shall also include key votes on legislation passed by the Florida Legislature which had monumental impact on State law and individual freedoms, an example of which is SB7026.

Analysis: Director Rose unfortunately did not review this motion with the Legislative Action Committee before submitting the motion. While the Executive Committee does have the authority to task committees like this, I believe it always appropriate to consult the relevant committee first. Respect is a two-way street. Perhaps they can identify improvements to motion, or raise objections about how it may interfere with their other tasks.

Legislative Action Chair Salazar did say, when I consulted him, that he believes the task itself is reasonable and in scope of his committee and would do his best to execute it if the motion passed. He did express some concerns about the timeline and level effort and that he may need more active volunteers to succeed at this task. He also stated that he would review further and delegate a committee member to present any concerns he has regarding this motion on the call. If no blocking concerns exist, then I will vote aye on the motion.

Review: Some reasonable points were made that the LPF is not necessarily well served by grading legislators from other parties, since either we will not ever give them an 'A' grade or we will be supporting members of other parties, which isn't appropriate for a partisan organization necessarily. This is something that may be better suited to nonpartisan PACs or such. Given there is also some study needed to determine the logistics of how this would even work, I agreed with the motion to refer this to the proper committee to decide whether and how to even implement it before requiring it of them.

Motion to Refer to Legislative Action Committee - Aye / Passed

Motion No.: 614 - Ruled Out of Order

Title: Motion to remove Marialexandria Garcia as Candidate Committee Chair

Mover: Chris Rose

Text:  I move to remove the Candidate Committee Chair. Please see LPF Bylaws Article III, Section One, Clause B (below) for authority and expected responsibility.

"Committees and Committee Chairs shall be appointed by the Chair

of the LPF with the approval of the Executive Committee, unless

otherwise provided in the Constitution or Bylaws. Each Committee

shall consist of at least three members of the party (disregarding

ex-officio members) of which a majority must not be current Executive

Committee members. Appointment terms shall last until the next

Executive Committee election or until the committee member is

removed or replaced, unless otherwise provided in the Constitution or

Bylaws. Removal of persons on a committee shall need the approval

of the Executive Committee. Actions of all Committees shall be

reported monthly to the Executive Committee. Special committees created by the Executive Committee shall also follow these requirements unless otherwise provided upon their creation."

Analysis: We have seen significant successes in the Operation: First Step in electing local candidates, which I primarily attribute to solid recruiting efforts by unofficial committee volunteers prior to April, 2018 and to the wise decision to request money from the EC to pay for mass mailers to recruit candidates. On the other hand, it is no secret taht I have been extremely critical of how the Candidate Committee has been run operationally and the lack of any meaningful ongoing candidate support after the qualifying period outside of Miami-Dade County. I won't rehash those criticisms here but I know that Director Rose shares my opinion on this and thus moved to remove the chair of that committee.

I am not automatically aye on this motion. If Chair Garcia wishes to continue service, presents a compelling report, and presents a professional plan for how she will reform the committee moving forward, I will give her the benefit of the doubt, vote nay, and let her serve the remainder of the six months of her term.  If this does not happen, I will vote aye. Forced removal should always be the option of last resort. I hope I am not forced to vote aye.

Review: Marialexandra Garcia was not on the call, and Chair Miralles indicated this because she had submitted her resignation to him. Due to some kind of miscommunication, the appointment of the new Candidate Committee was not ready to place on the agenda. Director Rose, the mover, advocated to the EC to vote no on this motion in light of that information.The Chair ruled however that since Marialexandra had submitted her resignation, it would be out of order to remove her since she already removed herself. Director Rose challenged the ruling of the Chair on the grounds that it was not technically out of order, just unnecessary. While it's definitely arguable, I saw no reason to not accept the ruling of the Chair.

Motion to challenge the ruling of the Chair - Nay / Failed

 

 

Happy New Year! Agenda isn't published yet, so I'll be updating with any appointments or other items I missed later.

Vote Cheat Sheet

  • Aye - Accept resignation of George Lebovitz from Region 9
  • Aye - Accept resignation of Mike Cassidy from Region 5
  • Appoint Region 5, Region 9 - no vote necessary
  • Aye - Appoint Candidate Chair Shaun Kunz
  • Aye - Appoint Legislative Action Committee (add Marcos Marrero, remove Larry GIllis)
  • Aye - Appoint DL Cummings to Rules Committee vacancy
  • Election of Region 8 Representative - Endorsed Bryan Zemina
  • Election of Region 12 Representative - Endorsed Larry Gillis
  • Election of Director At-Large 1 - Undecided
  • Out of Order - Motion #614 - (Reconsider) Motion to remove Marialexandra Garcia as Candidate Committee Chair
  • Nay - Motion #615 -  Motion to amend Standing Rules Article V
  • Nay - Motion #616 - Motion to reimburse affiliates
  • Aye - Motion #617 - Resolution against the dictatorship of Maduro/Support of Venezuelan Libertarians
  • Undecided - Motion #618 - Motion to task the Membership Committee

Chair Report 

Accept Resignation of George Lebovitz from Region 9 - Aye

Analysis: George, we're going to miss you. George represented Region 9 (my home region) since I've joined the party, winning competitive elections to do so. Thank you for all you've done, particularly for being that cautious voice of reason and a strong opposition to leftist identity politics infiltrating the LP. Hope you can relax, enjoy yourself, and feel better soon. 

Accept Resignation of Mike Cassidy from Region 5 - Aye

Analysis: Mike is a great guy, and I'm proud to have worked with him on improving Clay and Duval counties. Particular credit goes to him being one of our elected First Step officials. Unfortunately, when you have a full time job and an elected position, sometimes  you have to prioritize, and I agree that he will best represent us in his elected office and let others take the helm for the LPF EC. 

Appointment of Region 5 Representative - David Salisbury

Analysis: No vote occurs on interim appointments. David Salisbury currently serves on the Rules Committee, so I will ask to clarify if we need to formally accept his resignation to make this appointment.

Appointment of Region 9 Representative - John Olivadoti

Analysis: No vote occurs on interim appointments. John Olivadoti is highly respected in Region 9 (my home region) and I believe he will be worthy successor to George Lebovitz.

Appointment of Candidate Committee - Aye

Text: Motion to confirm Candidate Committee to be comprised of the following members: Shaun Kunz (Chair), Jordan Bosserman, Adolfo Jiminez, and Tia Jolie Phlillips

Analysis: In light of the critiques I've made, I am delighted by this appointment. Shaun is the perfect choice to move this committee forward: principled, no-nonsense, focused on getting the job done. I was not sure if any other changes would be made, but Chair Miralles mentioned to me that he intended to give Shaun that task of deciding whether he needs to add or replace people rather than making that decision for him, which I can support.

Appointment of Legislative Action Committee - Aye

Text: Motion to confirm Legislative Action Committee to be comprised of the following members: Ariel Salazar (Chair), Ryan Ramsey, J Mark Barfield, Michael Sperber, and Marcos Diego Marrero

Analysis: This motion adds Marcos Marrero (the Chair of LP Osceola) and removes Larry Gillis (now Region 12 Representative) to meet Bylaws requirements on committee composition needing at least 50% non-EC members. I hope we can find another qualified member so that we can re-add Larry Gillis since his expertise is very useful to this committee. Marcos Marrero is a great fit as an addition given his extensive experience advocating for and against local ordinances in Osceola County and the City of Kissimmee and his very no-nonsense get to the point attitude.

Appointment of DL Cummings to Rules Committee - Aye

Text: Motion to appoint DL Cummings to Rules Committee in the place of David Salisbury, to serve for the remainder of the term until the committee is re-elected.

Analysis: The LPF Bylaws do not permit serving concurrently on Rules Committee and the EC, so David Salisbury must leave the Rules Committee to accept the Region 5 Representative appointment. I recommended DL as a suitable replacement based on my work with him on improving the Duval affiliate's bylaws, his calm and objective attitude, his willingness to put in the work, and his prior experience serving on a deliberative body with significant rules disputes outside of the party.

Old Business

Election of Region 8 Representative - Bryan Zemina

Analysis: Bryan ran a fantastic Florida House campaign in 2017, is active in the Hillsborough affiliate, and has been actively doing the job since appointed last month. He is clearly the right choice.

Election of Region 12 Representative - Larry Gillis

Analysis: Larry has a solid resume with a legal and legislative career in New Hampshire, was recently reelected as the Vice-Chair of the Lee affiliate, and has been actively doing the job since appointed last month. He is clearly the right choice.

Election of Director At-Large 1 - Undecided pending nominations and discussion

Analysis:  I have had positive discussions with the interim appointee, Adolfo Jiminez. His colleagues in Broward appear to think very highly of his resume, however I have heard a concern about how much time he will have to invest in the position. My support will depend on clarifying his intended action plan until May, who else may be nominated (I do not have another nominee to make), and his presentation on what he has accomplished since being appointed.

Motion No.: 614 - Out of Order

Title: Motion to reconsider: Motion to remove Marialexandra Garcia as Candidate Committee Chair

Mover: Chris Rose

Text: I move to remove the Candidate Committee Chair. Please see LPF Bylaws Article III, Section One, Clause B (below) for authority and expected responsibility.

"Committees and Committee Chairs shall be appointed by the Chair
of the LPF with the approval of the Executive Committee, unless
otherwise provided in the Constitution or Bylaws. Each Committee
shall consist of at least three members of the party (disregarding
ex-officio members) of which a majority must not be current Executive
Committee members. Appointment terms shall last until the next
Executive Committee election or until the committee member is
removed or replaced, unless otherwise provided in the Constitution or
Bylaws. Removal of persons on a committee shall need the approval
of the Executive Committee. Actions of all Committees shall be
reported monthly to the Executive Committee. Special committees created by the Executive Committee shall also follow these requirements unless otherwise provided upon their creation."

Analysis: Per the minutes, Director Rose voted against the ruling of the Chair last month that ruled #614 out of order. So this motion would be out of order since he is not eligible to move it; only a member on the prevailing side can move to reconsider. However, assuming the appointment of Shaun Kunz as the new Candidate Committee Chair passes, this motion will be out of order for all the right reasons regardless, and we can move on.

New Business

Motion No.: 615 - Nay

Title: Motion to amend Standing Rules Article V

Mover: Chris Rose

Text: I move to amend LPF Standing Rules Article V, Section 6, to add subsection F, which shall read:

"No more than two absences per term by Executive Committee members may be considered excused."

Analysis: I believe Director Rose's intent is to ensure that excused absences are treated seriously and only handed out when truly merited. The current system has no check or balance on the Chair handing out excused absences either unconditionally - effectively disenfranchising regions whose representatives are consistently missing - or only excusing friends or political allies. I don't believe Chair Miralles has done anything inappropriate with this power, by any means, but I am always sensitive to the ways in which well-intended powers may be abused.

However, I don't believe Rose's motion is the right solution. I believe it will conflict with provisions of Florida statute - possibly to the extent of being out of order. Even if not, choosing the number two is arbitrary, yet provides no new oversight - and is particularly ambiguous for positions with multi-year terms like the officers and directors. Furthermore, it is possible that a Region's delegates may willfully elect a Representative who does a great job organizing the region yet has an unavoidable conflict that leads them to miss many EC meetings. If the Region wants their representative excused, that should be a possibility. Finally, I believe this type of matter - decisions about EC terms that can result in EC members being ejected - should only be decided by the full delegation at convention via Constitutional amendment. Putting this in the standing rules leaves it up to the whims of the EC, and can just as easily be undone by the next EC.

As a practical note, this will have no real impact on the current EC even if passed since it cannot be retroactive and there will only be three meetings remaining in the current EC.

If this motion is referred to the Rules Committee I will vote aye on that, because I believe Rules will consider the same issues I have but prepare a more rigorous response.

If we do propose a constitutional amendment covering excused absences, I believe it would be appropriate to carefully craft it with regard to state law (there are dragons there) and to make it a voted decision of the EC rather than an absolute power of the Chair.

Motion No.: 616 - Nay

Title: Motion to reimburse affiliates

Mover: Chris Rose

Text: I move to reimburse any County Affiliate to the LPF up to $100 for an event banner. The banner shall include the affiliate official name and logo. The County Affiliate shall absorb the initial purchase price. A receipt for purchase, bearing a date of January 2019 or after, may be sent by the Affiliate to the LPF Treasurer, who shall issue a reimbursement check to the Affiliate within 30 days of receiving it. Only one reimbursement check may be issued per Affiliate for this purpose. This offer shall sunset at the LPF Annual Convention.

Analysis: I commend Director Rose for wanting to provide better support for our county affiliates. However, on the priority list of things to provide rebates or subsidies to county affiliates on, I don't think banners are necessarily the right target. This motion in theory exposes the party to a $2,800 liability, including a requirement to reimburse  affiliates who already have their own banners or already have the funds to purchase one if they deem it appropriate yet choose to take advantage of this motion anyways. Most counties that would effectively use such a banner already have one. Most counties who would benefit from financial support have much higher priorities than a banner. I can think of only one affiliate - Columbia - that would likely use such a banner effectively yet not currently have the funds to purchase one. And since the affiliate must front the full cost of the banner, that doesn't even solve that problem.

I believe there are a number of better ways we can approach affiliate support:

1.) Ask affiliates, particularly new affiliates, what the gaps and shortfalls all and what the LPF can do to address them - let's listen to what affiliates need rather than direct them from the top down

2.) Any gaps that require additional fundraising, either direct Fundraising Chair Golob or Chair Miralles to conduct such a directed fundraiser - such as the one Chair Miralles conducted for LP Manatee

3.) Encourage county chairs to discuss their needs with Chair Miralles - he has a $100 / month discretionary budget and is looking for seeds to plant with it

4.) For situations where LPF funds really are the right answer, encourage county chairs to work with their Region Rep to file a procurement motion specifically for what they need

I will be voting no for all of these reasons and since I do not believe top-down command-style planning like this is best for our affiliates.

Motion No.: 617- Aye

Title: Resolution against the dictatorship of Maduro/Support of Venezuelan Libertarians

Mover: Brandi Hicks

Text: Whereas the Libertarian Party of Florida stands in support of the Libertarian Movement of Venezuela; 

Whereas the Libertarian Movement of Venezuela rejects the presidency of Nicolas Maduro as illegitimate and his reelection and inauguration to be equally illegal and illegitimate;

Whereas the Libertarian Movement of Venezuela endorses the National Assembly’s imminent selection of a provisional president for the sole purpose of peacefully forcing Maduro to resign immediately;

Whereas the Libertarian Movement calls on Maduro to renounce the presidency immediately and remove himself from government affairs;

Whereas the Maduro dictatorship has been denounced as illegitimate by the Libertarian parties or movements of Colombia, Ecuador, Argentina, and Chile;

Whereas the Libertarian Party of Florida would immediately denounce a similar dictatorship and in a similar manner if it ever arose in the United States;

This Twentieth day of January, 2019, it is RESOLVED that the Libertarian Party of Florida and its body of members do not recognize Maduro’s right to the presidency nor the one-party state under the United Socialist Party that claims sovereignty over Venezuela, and we call on Maduro to step down;

Furthermore, it is RESOLVED that the Libertarian Party Florida hereby affirms its support for the Libertarian Movement of Venezuela, temporarily recognizes Alianza Soy Venezuela as the legitimate representative movement of the Venezuelan people, and will look to the Libertarian Movement to be our guides in which future Venezuelan governments and individual public servants have freedom’s best interests at heart.

Analysis: I strongly endorse this resolution. As Libertarians, we wish to see a world set free in our lifetime. Our political action is limited to the jurisdiction of the United States - and specifically Florida - by our charter, but we absolutely can and should support Libertarians worldwide when we can. Taking a stand against a violent communist dictatorship engaged in a near civil war with its own population should not be controversial. As someone who worked in international diplomacy for a nonprofit contracted to the U.S. Department of State, I can attest that pro-liberty rebels and dissidents - particularly libertarians - look up to and respect the United States and our recognition means a great deal to them. It is a huge morale boost and good publicity for them when they receive support from the third largest Libertarian state party in the largest Libertarian national party. Public recognition of dissidents also, somewhat counterintuitively, helps protect them from being "disappeared" by the dictatorship as most dictatorships are surprisingly worried about international publicity. The most dangerous thing for a pro-liberty dissident in an authoritarian country is to be unknown and unsupported.

Obviously, as Libertarians we do NOT support forcible regime change or intervention by the United States government and military, and nothing in this resolution supports that. Furthermore, encouraging internal change makes it less likely that Washington DC will have an excuse to do so in the future.

I will note that it is not only Libertarians noticing this. My Florida House Representative, Carlos Guillermo Smith, is supporting a similar resolution circulating in the Florida House that is obviously less libertarian-focused but still recognizes the legitimacy of the National Assembly. I was pleasantly surprised by this since Smith is very much a progressive Democrat, and he caught flack from some of his own supporters over - as they called it - "supporting a right-wing coup against a democratically elected progressive government." I made sure to thank him for his stand even though I had minor disagreements with the exact wording.

I stand in solidarity with our Libertarian brothers and sisters.

 

Motion No.: 618 - Undecided

Title: Motion to task the Membership Committee

Mover: Chris Rose

Text: I move to task the LPF Membership Committee with the designing and printing of LPF-specific literature. Examples: rack cards, brochures, door hangers, to be made readily available for use by County Affiliates. The Membership Committee shall have an operating budget of up to $400 for this project. This budget shall sunset at the March EC regular business meeting.

Analysis: I believe the scope of this motion is somewhat misplaced as I believe the responsibility for printed material and all other communications rests with the Communications Committee. However, if both the Communications Committee and the Membership Committee agree that the Membership Committee should perform this task, then let's set aside jurisdictional issues.

I do believe we should be doing a better job of providing county affiliates with Libertarian printed materials that are consistently branded across the state - assuming county affiliates are willing to use it. $400 is a reasonable amount to budget for this and if the project is successful it would be easy to justify more funds.

I will reserve further judgment until I hear the full set of arguments for and against.

 

If, for some reason, a proper motion to reconsider ends up on the agenda, and if no new Candidates Committee Chair is appointed, then either the Chair must accept the resignation he used to justify ruling #614 out of order, or I will vote in favor of the reconsidered #614.

 

 

Vote Cheat Sheet

  • Aye / Passed - Accept resignation of Chris Rose from Director At-Large 2
  • Recommited to Rules - 610 - Rules Report (rework for candidates)
  • Postponed Indefinitely - 634 - Grant $750 to Chaz
  • Aye / Passed - 635 - Disburse funds for audit
  • Aye / Passed - 636 - Amend standing rules (for financial impact disclosure)
  • Aye / Passed- 637 - Emergency funds for Communications
  • Aye / Passed - 638 - Grant funds to LP Volusia for a flag
  • Aye / Passed - 639 - Amend standing rules for calling EC meetings
  • Aye / Passed - 640 - Affiliate Alachua County
  • Aye / Passed - 641 - Affiliate Citrus County

Chair Report 

Accept Resignation of Chris Rose from Director At-Large 2 - Aye / Passed

Thank you Chris for all the hard work you've invested in the party over the past year. I wish you the best of fortune doing the work that you truly love in front of protests and county commission meetings.

Old Business

Motion No.: 610- Recommitted to Rules Committee

Title: TBD

Mover: Returned from Rules Committee

Text: I move to amend the Standing Rules as follows:

Article IV Election of Officers, Directors, Candidates

(1) 
All Persons seeking party office, delegates to the national convention and nominees for the Florida Libertarian party slate of presidential electors must affirm the Non-aggression Principle and be registered to vote as Libertarians with the Florida Division of Elections.
(2)
a) All candidates for public office who seek to address the delegation at the annual business meeting must notify the secretary of their intention to run by e-mail or in writing no later than 45 days prior to the annual business meeting.
    b) All Persons seeking party office who plan not to attend the annual business meeting must notify the secretary of their intention to run by e-mail or in writing no later than 14 days prior to the annual business meeting to be credentialed.
    c) Persons seeking party office and intending to attend the annual business meeting should notify the secretary of their intention to run by e-mail or in writing at least 14 days prior to the annual business meeting to document their intent to serve in case of their unexpected absence at the time of their nomination.
d) Timely submission of the annual business meeting registration form, which shall include notice of nomination(s) sought,  shall suffice to convey intent.
e) Nominee eligibility and intent to serve is established by attending nominee's presentation of their delegate credentials, their name listed either on the secretary's list of credentialed candidates for party office, or the secretary's list of credentialed delegates in conjunction with an expression of intent as described in this section.
Section 3.
Delegates and Alternates to the National Convention of the Libertarian Party not otherwise
elected at an LPF State Convention shall be approved by the LPF Chair and the LPF Secretary
to be credentialed as delegates and alternates. Members of the LPF EC may be credentialed as
EX Officio Delegates at any time. All delegates and alternates must be registered to vote as
Libertarians in Florida and be members of the LPF.


Section 4.
Notice of all party meetings shall be provided and include the time, date, and place (or
telephone conference number, internet URL, and login information where applicable) at least
fourteen (14) days prior to the meeting date. Notice of meetings, including the above referenced
information, shall be published on the official Libertarian Party of Florida website at
https://docs.lpf.org/ at least fourteen (14) days prior to the meeting date.
16


Section 5.
In a presidential election year, the Executive Committee shall nominate presidential electors
equal to the total number of U.S. Representatives and Senators in the State of Florida. The list
of presidential elector nominees shall be presented to the Governor prior to September 1st, or
as required by law.


Section 6.
All committee seats apportioned to Florida by the Libertarian National Committee shall be filled
by current LPF registered voters who are Members of the Florida Libertarian Party and who are
also members of the National Party with appointment by the state chair and confirmation by the
state executive committee. Appointees may be recalled by majority vote of the full state
executive committee.

and to amend the Standing Rules as follows:


Article XIII   
Section 1:

   The Libertarian Party of Florida may provide financial and logistical campaign support, and conduct campaign activities only for Certified officialLibertarian Candidates as defined by Article IX in the LPF Constitution
   
   Section 2. The Executive Committee is responsible for approving candidates who are recommended by the Selection Committee to run for public office. Candidates who have been both recommended by the Selection Committee and approved by the Executive Committee shall be known as Certified Libertarian Candidates. Certified Libertarian Candidates are eligible to receive financial and logistical campaign support from the LPF in accordance with applicable Florida and Federal law, and strictly at the discretion of the Executive Committee of the LPF in accordance with the Bylaws and Standing Rules. The Executive Committee shall be the sole authority to authorize contributions to political candidates from LPF party funds, formally endorse statewide candidates for political office, and approve LPF contractual agreements with candidate campaigns. Logistics support and any other non-financial assistance to candidates may be provided by committees and Executive Committee members at their discretion in accordance with the Constitution, Bylaws, and Standing Rules. 
   
   Section 3. County executive committees may endorse, certify, screen, or otherwise recommend one or more official Libertarian candidates as defined in the LPF Constitution for party nomination for election by majority vote of the county executive committee at any business meeting called with proper notice prior to the qualifying date(s) for the candidate(s) per the requirements of F.S. 103.121(4). This section only applies to LPF partisan political candidates prior to the qualifying period and does not limit the county executive committee in any way regarding non-partisan candidates. 

   Section 4. The Executive Committee shall make party nominations for political office when required by law, such as to replace a candidate that withdrew after becoming the party nominee, at the next business meeting after receiving notice that such nomination is required. Any LPF member that would meet meets the criteria to be for an official Libertarian candidate may be nominated for consideration by any member of the Executive Committee member. The nominee receiving a majority vote at the business meeting, if any, shall become the party's nominee for the office. "None of the Above" shall be an option for the nomination, and no nomination will be made if "None of the Above" receives a majority vote. Should "None of the Above" win the election, the floor shall be open again for nominations, and none of the losing nominees shall be nominated again. The EC shall continue these elections until it elects a nominee.

Analysis: The Rules Committee had split my very lengthy proposal into three pieces (looks like all three pieces are being moved as a unit). The first piece implements amendments to clarify various requirements for seeking party office and to remove dangling references to the abolished Selection Committee. The Rules Committee amended the original motion, but these changes look good as written and I believe we should go ahead and honor their hard work by voting in favor. Various minor amendments were made to the pieces, and I agree with the proposal Rules has put such detailed thought into. This particular piece implements two statutory requirements on the LPF bylaws regarding candidates, so I believe it is important to pass it, especially in light of the hard work the Rules Committee put into it. It also removes a dangling reference tot he abolished Selection Committee.

Review: The motion wasn't transcribed properly for the meeting, so Philippe asked to recommit it to Rules to get it fixes. I figured I should honor the Rules Chair's request.

Motion No.: 634 - Postponed Indefinitely

Title: Motion to grant $750 to Chaz Sanders

Text: I move to grant $750 to Chaz Sanders for his assistance with LPF fundraising.

Analysis: This motion was postponed to investigate concerns about potential tax and payroll liability for such a direct payment to someone operating at the direction of the EC. In the interim, thanks to initiative taken by Director Rose, funds to Chaz Sanders were provided in the specified amount through individual voluntary contributions. As such this motion is no longer necessary. However, it cannot be withdrawn, so I will recommend moving to postpone indefinitely as a way to indicate that we don't oppose the motion but it is no longer necessary. The motion will then sunset at Convention and go away.

Review: Marcos had wanted to amend the motion, however my vote to postpone indefinitely passed.

New Business

Motion No. 639 - Aye / Passed

Title: Motion to Amend Standing Rules for Calling EC Meetings

Mover: Greg Peele on behalf of Affiliate Support Committee

Text: I move to amend the LPF Standing Rules Article V Section 1 to strike the text “, or by the written request of a county affiliate” and to amend the last sentence to read “Notice for meetings shall be given in accordance with all requirements for such meetings.”

Analysis: This motion slightly differs from the one filed for the EC agenda due to a minor amendment passed by the Affiliate Support Committee after the fact. The change is within scope of the notice provided. This motion removes an unused mechanism for calling an Executive Committee meeting that the ASC determined had substantial potential for abuse (a single affiliate could endlessly call EC meetings) for little to no benefit regarding members' rights (nothing compelled EC members to actually attend said meetings). The motion was also unacceptable vague on notice requirements, however the ASC identified that notice requirements existed in at least three other places so the seemingly redundant notice requirement was substituted instead.

Motion No. 640 - Aye / Passed

Title: Motion to Affiliate Alachua County

Mover: Brandi Hicks on behalf of Ryan Ramsey

Text: Whereas the  Libertarian Party of Alachua County affiliate has fully complied with all requirements, rules, and procedures;
Whereas the Libertarian Party of Alachua County has formally petitioned the Libertarian Party of Florida Executive Committee for recognition of affiliation status;
I motion that this body formally recognize and welcome the Libertarian Party of Alachua County as an affiliate of the LPF.

This motion is being presented because Alachua was past the deadline for the re-affiliation date, but has since turned in all paperwork to the Secretary and she has confirmed it is in order.

Supporting documents linked as follows:
Petition 2019:
https://drive.google.com/file/d/1VhqDuDGoaqHBJD3KsbRvEXMEoS6UNejR/view?usp=sharing

Audit 2018:
https://drive.google.com/file/d/1mvvVt1zY4EOL9ovtOXfbSK1MRNjiFDQs/view?usp=sharing

 Analysis: The petition to affiliate and the audit are present and in order. Unfortunately, since this was a "late reaffiliation" which is legally speaking a new affiliation, the affiliate must also submit their Constitution and Bylaws again. While this may seem pedantic, that is how the process is currently written (the Affiliate Support Committee and Rules Committee have submitted a proposal for Convention to improve this process and avoid this scenario) and since the Bylaws cannot be suspended it would be out of order to make an exception. The Alachua Constitution and Bylaws are not present on their website (I encourage affiliates to do this, it's a good transparency measure anyways) but were submitted to the EC for review after the motion was filed. Assuming there aren't any blocking issues, we should be good to go. If a substantive issues is raised, I will probably move to postpone to an email vote so we can fix the issue cleanly without voting this down.

Motion No. 638 - Aye / Passed as Amended

Title: To grant up to $250 to the Libertarian Party of Volusia County for a sign.

Mover: J Mark Barfield on behalf of the Libertarian Party of Volusia County

Text: To grant up to $250 to the Libertarian Party of Volusia County for a sign. To authorize reimbursement to the Libertarian Party of Volusia County for an amount up to $250 for the purchase of a branded flag to be paid upon presentation of the purchase receipt to the LPF Treasurer.

Discussion: (Received 12: 17 April 23, 2019)

I am submitting this motion on behalf of the Libertarian Party of Volusia County EC per passage at the LPVC’s April 10th Busness Meeting for placement on the April 28th Libertarian Party of Florida EC Business Meeting: 

To request up to $250 funding for purchase of a branded Libertarian Party of Volusia County flag for tabling events for Libertarian Party of Volusia County.

Attached: “rough draft” of item. 13ft height.

Thanks you,
Joe Hannoush
Secretary, Libertarian Party of Volusia County

Analysis:  I enjoy the novelty of a county affiliate actually taking the time to request something specific from the LPF EC so I'm not opposed to the motion in principle. However, the motion as written has some procedural flaws: no deadline or target date is specified, so if LPVC needs the money by a specific date there is nothing requiring the LPF to do so. Worse, if the money is not obligated in the next week prior to Convention, the authorization (if approved) expires at Convention and will need to be reauthorized by the next Executive Committee to remain in force. Unless LPVC needs this money immediately, it would probably be better to submit it for the May EC meeting to avoid that sunset. Next, the money is an unconditional grant that is not contingent on receipts, so on one hand the LPF EC cannot enforce what LPVC spends the money on, but on the other the "up to" language without a receipt means the LPF could choose any amount from $0 to $250. Along those lines, it is highly unusual for the LPF to just give affiliates money for supplies - affiliates very strongly insist on their autonomy and as such are also expected to fundraise autonomously accordingly. Should the EC approve items like this, other affiliates will expect similar support and see this as special treatment if not so provided. Finally, the motion does not clarify what event(s) LPVC is targeting. It is my impression that LPVC already has tabling supplies so I would like to hear what value-add this is providing.

I think to fix this motion to make it possible for me to support, I would need to see it amended to require receipts submitted to the Treasurer to be paid as a reimbursement rather than an unconditional up front grant, verification from LPVC that they intend to expend the money prior to the LPF Convention (if not, it should be submitted again after Convention), and an explanation of what the flag will specifically be used for. Ideally I would prefer to see this done as a matching funds program to provide an incentive to assist with LPVC fundraising, but I haven't decided how strongly I would insist on this.

I move to amend the motion to replace the text "To grant up to $250 to the Libertarian Party of Volusia County for a sign" with "To authorize reimbursement to the Libertarian Party of Volusia County for an amount up to $250 for the purchase of a branded flag to be paid upon presentation of the purchase receipt to the LPF Treasurer."

Motion No. 637 - Aye / Passed

Title: Motion to budget funds for the Communications Committee

Mover: Omar Recuero on behalf of Chris Rose

Text: I move to grant the LPF Communications Committee an emergency budget of $250. 

This budget may only be used by the Committee in the event that waiting until the next regular meeting of the LPF EC is not a viable option for the Communications Committee to fulfill its responsibilities. 

At no time shall the Communications Committee use any amount of this budget without notifying the LPF EC by email within 12 hours of the funds being withdrawn.

The Communications Committee shall make readily available to the LPF EC a detailed report containing the total amount of this budget used and the emergency issue that arose leading to the funds being withdrawn.

Analysis: As this motion alludes to, unexpected issues can come up that require Communications to deploy funds more rapidly than the LPF EC can respond. This happened recently with a server load spike issue that required increasing our hosting capabilities, at least temporarily. I believe this motion, barring any minor issues in wording, is a good idea worth supporting. I will note that other EC members have pledged to move this motion should it be presented after Director Rose's resignation. Note that this authorization does expire at Convention, and I would encourage the next EC to reauthorize something similar or otherwise provide Communications with a formal budget that can adapt to real life situations.

Motion No. 636 - Aye / Passed

Title: Motion to Amend Standing Rules

Mover: Mari Peele

Text:I move to amend the Standing Rules to insert the following provision as Article V, Section 10: 

Motions put before the executive committee that authorize expenditure of funds shall include a statement of the maximum direct financial liability incurred if the motion were to pass. If the financial liability is unknown or unable to be calculated, then the motion shall include a statement that the financial liability is unknown and therefore unbounded.

Analysis: This motion is a small but helpful accountability measure for all EC motions that authorize expenditure of funds. Members should always craft such motions with the maximum possible direct financial liability to the party in mind. If the maximum direct liability cannot be determined, that is a huge red flag on whether the motion is a good idea. This will also streamline presentation of such motions since in almost all cases of motions authorizing funds that don't disclose this, the first discussion question almost invariable is "What is the total financial liability?"

Motion No. 635 - Aye / Passed

Title: Motion to disburse payment for audit

Mover: Steven Nekhaila

Text: Motion to authorize the disbursement of $1,350 to GARCIA & ORTIZ, P.A. for services rendered for the LPF annual audit as required by the State of Florida. Invoice attached.

Analysis: Given that the audit was performed as specified, the financial obligation has already been incurred, and there is no good reason to royally piss off our auditors by welching on it, I believe we should approve this expense. As unfortunate incidents this year showed, it would be wise for us to focus on better auditing.

Motion No. 641 - Aye / Passed

Title: Motion to Affiliate Citrus

Mover: Brandi Hicks on behalf of Mark Rodriguez

Text: I move to affiliate Citrus county.

Review: This motion was added to the agenda at the meeting since it was submitted late and the governing documents arrived after the motion submission deadline. I reviewed the documents prior to the meeting and found no substantive issues. I voted in favor of adding to the agenda and spoke to address concerns about the governing documents themselves.

 

 

Vote Cheat Sheet

  • Aye - Accept resignation of Martha Bueno from Region 14
  • No action needed - Appoint Josh Curtis to Region 14
  • Aye - Confirm Membership Committee
  • Aye - Confirm Convention Committee
  • Out of Order - 628 Motion to confirm vote on 627
  • Nay - 629 Motion to amend standing rules (regarding proxy validity)
  • Aye - Pending review and discussion - 630 Motion to approve budget for Convention and Communications Committees ($10,000)
  • Aye - 631 Motion to Give Access to Audit Committee
  • Duplicate? - 632 Motion to allocate funds for sound/light production at 2019 Convention ($3,200)
  • Aye - 633 Motion to Adopt Ecanvasser CRM ($3,160)
  • Nay - 634 Motion to grant $750 to Chaz Sanders

Chair Report 

Accept Resignation of Martha Bueno from Region 14 - Aye

Confirm Membership Committee - Aye

Text: Motion to confirm the Membership Committee to be comprised of the following members: Spenser Garber (Chair), Cody Moser, Suzanne Gilmore, Addison Patrick, Ashley McCoy, Matt McCary, and Sal Palma.

Confirm Convention Committee - Aye

Text: Motion to confirm the Convention Committee to be comprised of the following members: Zach Detwiler (Chair), Justin McCue, Mercedes Camargo, Mark Rodriguez, and Ashley McCoy. 

 

Old Business

Election of Region 1 Representative - Julia Hall

Analysis: Julia, as the Secretary of the Santa Rosa affiliate, has been very active in Region 1 and beyond. She is well known and respected in her region. I will have no issues supporting her.

Election of Region 3 Representative - Justin McCue

Analysis: I'm glad that Justin stepped up. He has been consistently supporting the party on social media efforts. Region 3 needs a lot of attention. Hopefully he can provide it.

 

New Business

Motion No.: 628 - Out of Order

Title: Motion to confirm vote on 627

Mover: Chris Rose

Text: The Special Meeting held this past Sunday night was opened in violation of LPF Constitution Article III, Section 4; also, LPF Standing Rules Article V, Section 3. The results of these violations were illegal vote totals and quorum.

In order to show the motion as approved in-order, I move to certify Motion No.: 627 as "passed."

Analysis: I was not at the special meeting, having designated Director Garber as my proxy. However, reviewing the minutes, I see no basis for considering the meeting itself "illegal" or inquorate. While it is true that Martha Bueno's proxy was invalid due to her resignation prior to the meeting, this error did not affect quorum nor would it have affected the vote on Motion 627, nor would the appointment of a replacement Region 14 replacement have changed the outcome. Furthermore, it is not in order to dispute voting procedures after the adjournment of the meeting; the proper time to object was during the voting process. This is doubly the case should the minutes for the special meeting be approved (earlier on the agenda) in which case this motion would also be in conflict with the approved minutes. I will request the Chair to rule this motion out of order should he not do so on his own. Director Rose can either take no action to let the motion stand, or ask someone on the prevailing side to move to reconsider it. I consider this a waste of our time.

Motion No.: 629 - Nay

Title: Motion to amend Standing Rules

Mover: Omar Recuero

Text: I move to amend Standing Rule, Article V Section 3 by separating the language of the rule into 3 parts, adding new language which will create part B and Part C, while placing an amended version of the original language in Part A. The rule, if adopted would read as follows:

Article V, Section III

A.) Per state law, proxy voting shall be allowed, provided an executive committee member’s written (email permitted) notice of proxy is received by both the secretary and the chair no later than 24 hours prior to each meeting. The secretary will announce all proxies during the initial roll call of members at each meeting. A valid proxy shall count as attendance for purposes of establishing a quorum. Only executive committee members in good standing may serve as proxies and no member may serve as proxy for more than one other member. Members may vote on specific questions in absentia by written notice. Participating in meetings via telephony and other electronic means is allowed.

B.) A proxy will be invalidated if notice of proxy cannot be provided by the secretary, if an EC member present at a regular or special meeting of the executive meeting request proof of notice.

C.) A proxy will be invalidated by the presence of the executive committee member(s) at a regular or special meeting of the executive committee, who requested a proxy.

Analysis: As best I can tell, the changes are as follows (bold is new text, strike is removed):

Article V, Section III

A.) Per state law, proxy voting shall be allowed, provided an executive committee member’s written (email permitted) notice of proxy is received by both the secretary and the chair no later than 24 hours prior to each meeting. The secretary will announce all proxies during the initial roll call of members at each meeting. The presence of the member at a meeting will invalidate that member’s proxy.  Only executive committee members in good standing may serve as proxies and no member may serve as proxy for more than one other member. Members may vote on specific questions in absentia by written notice. Participating in meetings via telephony and other electronic means is allowed.

B.) A proxy will be invalidated if notice of proxy cannot be provided by the secretary, if an EC member present at a regular or special meeting of the executive meeting request proof of notice.

C.) A proxy will be invalidated by the presence of the executive committee member(s) at a regular or special meeting of the executive committee, who requested a proxy.

It is my opinion that the amendment is harmless but unnecessary. There is already, via RONR, a well defined process to dispute a proxy. Should a member have a question about a proxy's validity, they can raise a Point of Information during the announcement of proxy requesting proof of timely written notice. If no such proof can be provided, they can raise a Point of Order to request the Chair to declare the proxy invalid. If the Chair refuses, they can challenge the ruling of the Chair and force a vote on it. Even with this amendment, the same exact process would have to be followed to declare a proxy invalid, so it adds nothing. I will vote nay, but if (as is customary on rules amendments) a member moves to refer to Rules Committee I will vote in favor that.

Motion No.: 630 - Aye pending Review and Discussion

Title: Motion to approve budget for Convention and Communications Committees

Mover: Chris Rose

Text: On behalf of the Convention Committee and Communications Committee:

I move to approve the following budget items in the attached document labeled under Projected Misc. Expenses, in which funds shall be available for use by both the Convention and Communications Committees, with a total liability not to exceed $10k, excluding the line item of $3500 for mailers previously approved in Motion 622.

Please see attached documentation:

https://docs.google.com/spreadsheets/d/1zXyPAV5hvNG6EpC1jlWIpS-NcYoQPu24GNTUk9OlTcw/htmlview

Analysis: I am assuming, pending further review when I have the time, that the itemized expense budget makes sense and can be defended with a valid ROI based on projected Convention attendees. So long as that is the case after I have a chance to review it, and so long as none of the expenses appear to be illegitimate or excessive, I will vote in favor of the budget unconditionally. If I do have issues with a particular expense, if that cannot be resolved by discussion I will move to divide the question to consider those expenses separately.

Motion No.: 631 - Aye

Title: Motion to Give Access to Audit Committee

Mover: David Salisbury

Text: I move to give the Audit Committee access to the online banking of the LPF, PayPal, Stripe, and Quickbooks so that the committee may perform its necessary function.

Analysis: The Audit Committee clearly needs this access to properly do its job. The questions I have on this are: can the access be limited to read-only? Are the Audit Committee members under a Non-Disclosure Agreement, or would it not matter since all of this information eventually becomes public record via financial report filings? But these are operational questions that do not affect my support for the motion.

Motion No.: 632 - Duplicate?

Title: Motion to allocate funds for sound/light production at 2019 Convention

Mover: Marcos Miralles

Text: I move to allocate up to $3200 to DJ9 for sound and light production at 2019 convention.

Analysis: It is my understanding that this budget authorization is included in Motion 630. If so, this motion is a duplicate if 630 passes unmodified. While I appreciate not expecting professional sound and light for free, the cost does seem high, particularly since the LPF purchased sound and light equipment for the prior convention if I recall correctly. I would like to see this cost substantiated, particularly if we are renting new equipment rather than using the previously purchased equipment (perhaps the itemized budget does this justification?).

Motion No.: 633 - Aye

Title: Motion to Adopt Ecanvasser CRM

Mover: Spenser Garber

Text: I move to authorize the Membership Committee to expend up to $3,160 for a 1-year subscription for the ECanvasser CRM platform.

Analysis: As part of the team that reviewed possible CRM solutions, I was highly impressed by ECanvasser's technical merits for a very reasonable price. However, in light of our financial situation at the time, I recommended holding off on it and instead approving the LNC CiviCRM believing that it would be an interim solution that we could rapidly bring online for basic credentialing with no out of pocket expense. I was wrong. Four months later, after substantial delays and miscommunication, the LNC CiviCRM is still not online for the LPF, and I do not know of a timeline when this will be fixed, and substantial burden is being placed on the LPF regarding data input without the LNC being willing to provide direct data management access to the LPF. In light of this mismatch in expectation and reality and our financial situation improving, I believe now is the time that warrants an investment into our own professional CRM. It is my expectation that Director Garber and Treasurer Nekhaila can speak further to the technical and organizational benefits of approving this CRM, particularly for de-duplicating inputs and ingesting regular voter data from Tallahassee, which were difficulties we had with the prior self-hosted CiviCRM.

Motion No.: 634 - Nay

Title: Motion to grant $750 to Chaz Sanders

Mover: Marcos Miralles

Text: I move to grant $750 to Chaz Sanders for his assistance with LPF fundraising.

Analysis: I have the utmost respect for the hard work that Mr. Sanders has put into the party. However, I must vote against this motion since it has what I believe to be unintended consequences on both tax liability and precedent. Mr. Sanders, to my knowledge, has not signed an independent fundraiser contract with the party. Furthermore, as Communications Chair, he was appointed by the LPF Chair, confirmed by the Executive Committee, and reports monthly to the EC for direction on behalf of the party, so it would be difficult to establish that Mr. Sanders is an independent contractor. As such, the IRS may consider any payments to Mr. Sanders as employee compensation, requiring federal income tax withholding as well as incurring Social Security, Medicare, and possibly unemployment tax obligations on the party. Needless to say, taxation is theft. It is also substantially inconvenient since the party is not set up to remit tax payments via EFTPS to my knowledge. On the other hand, without considering this expense to be employee payment for services rendered, it would otherwise be considered a non-exempt expenditure and incur a corporate income tax obligation of the party to the IRS of 22%. I cannot support this on liability grounds.

I also think it's a bad precedent to award - with no contract, well-defined process, or any other guidance - grants to individual party volunteers. Mr. Sanders is hardly the only volunteer who has put in substantially beneficial work to the party. Should the others expect a grant as well? It opens a can of worms.

I will vote against this motion even acknowledging that Mr. Sanders probably deserves the money, but I do have three suggestions. The first is that we consider waiving the convention fee for Mr. Sanders (and potentially any other volunteers whose activities are critical to the success of the convention itself) since that is something within our power to do without risks. The second is that EC members who wish to grant an award to Mr. Sanders should consider directly gifting him from their personal funds - such personal gifts are unambiguously tax-exempt. The third is to consider for the 2020 convention establishing a scholarship fund with well defined award criteria to assist party members who may find supporting the party a financial burden. This would have to be very carefully vetted by the Rules Committee, Audit Committee, and the Treasurer to ensure proper compliance with Division of Elections requirements and the tax code however.

 

 

The 2019 LPF Convention is coming up soon, and I'd like to use this space to prepare my thoughts on the Convention business to conduct. We have a number of Constitution and Bylaws amendments to consider, and an extensive rewrite of the platform.

Due to the length of the proposals, I have split this review into three sections:

Director's Cut - 2019 LPF Rules Amendments

Director's Cut - 2019 LPF Platform Amendment

Director's Cut - 2019 LPF Floor Amendments