independentsforkerry.org

This correspondence was sent out yesterday regarding the recent developments in the LP Oregon. For background, read here, here, and here. There are actually a few more articles about it on this site, if the reader chooses to search “lp Oregon”.

From: Mark Hinkle
Date: September 5, 2011 1:15:20 AM EDT
To: lnc-discuss@hq.lp.org
Subject: Re: [Lnc-discuss] JC ruling…
Reply-To: lnc-discuss@hq.lp.org
>
Dear LNC,
>
I just re-read the JC’s decision and have come to another conclusion.
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The LNC EC’s action never dis-affiliated the Oregon LP (and JC states exactly that in their ruling) and that was never part of the motion nor was it part of the EC’s discussion in the first place.
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The JC’s decision, as I interpret it, is that the LPO (Libertarian Party of Oregon) has no leadership. Their Bylaws clearly state the term of office for the past LPO Chair, Wes Wagner, has ended along with the other past officers. The JC does not recognize the LPO leadership (Tim Reeves) that the LNC EC sought to recognize, therefor there is no leadership in the LPO.
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The SOS there may still recognize Wes Wagner as LPO Chair (for life if he chooses), but we don’t.
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The U.S. Supreme Court has ruled that Party’s may handle their internal affairs as they see fit and are not subject to the laws of the states that may try and override internal decisions of the LP.
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See: March Fong Eu vs. the San Francisco Democratic Central Committee (decision February 22, 1989).
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To quote, in part, from that ruling:
>A State cannot justify regulating a party’s internal affairs without showing that such regulation is necessary to ensure that elections are orderly, fair, and honest, and California has made no such showing.
Until the LPO can elect someone per their Bylaws, my ruling is that there is no leadership in the LPO and thus we are not required, nor would it be prudent, to send any membership data to them, nor link our web site to any faction that claims to be the leadership of the LPO.
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Our Policy manual states:
>Data Sharing with Affiliates
>LPHQ will provide all officially recognized state-level affiliates with a list of Constituents
>residing in the area covered by that affiliate, within the first 5 business days of the month to
>the affiliate chair, or his designee.
Since there is no affiliate chair, or his designee, there is no one to send the data to.
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The JC has prevented the LNC EC from recognizing the Tim Reeves faction and the Oregon SOS has effectively done the same thing.
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So, the only fair and equitable solution for the LNC is to treat the LPO as a dormant affiliate until they can resolve their issues.
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We have been cautioned not to get involved in the internal affairs of the LPO and to recognize the Wagner group would be doing exactly that.
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Therefor, the LNC should take a hand off approach and let them come to some sort of resolution and then bring that back to the LNC.
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That is my ruling. The LNC, as always, can override my decision if they think my decision is in error.
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Yours in liberty………………..Mark Hinkle, LNC Chair
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P.S. I will instruct Wes Benedict and Robert Kraus to suspend any standard affiliate communication to the LPO until such time as they resolve their issues internally.

P.P.S. the LSLA is free to add, or not, Wes Wagner to it’s “state-chair” email list. The LNC has no jurisdiction there.

Independent Political Report

…on http://www.justin.tv/lnc7. Reception/sound has not been good, and just went out as I have been typing this, but hopefully it will be back and with better quality.

H/T George Phillies.

Independent Political Report