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  • Withdrawn - 606 Motion to schedule quarterly budget meetings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