August 9, 2022 [From the Libertarian National Committee]
Re: Recent Decision of the LNC Re: Libertarian Party of New Mexico’s Constitutional Convention
To the Executive Committee of the Libertarian Party of New Mexico:
On July 23, 2022, the Libertarian National Committee (“LNC”) met online for several hours and heard complaints from members of the Libertarian Party of New Mexico (“LPNM”) regarding its most recent online convention held on or about July 12, 2022 (hereafter, “Constitutional Convention”). The representatives of LPNM listed on its website were invited and did not attend or respond in any manner. At the end of the meeting, notice was given for the upcoming in-person meeting at the end of July to hear a motion to recognize that LPNM’s Constitutional Convention was illegitimate due to multiple violations of the LPNM’s own Constitution and Bylaws and basic parliamentary procedure; and, therefore any alleged amendments to the LPNM governing documents were invalid and the prior Constitution and Bylaws still stood in effect. These violations include, but are not necessarily limited to, the following:
- Notice was not properly given of the Constitutional Convention as per the LPNM Constitution and Bylaws;
- Notice was not properly given of the amendments to be considered at the Constitutional Convention as per the LPNM’s parliamentary authority;
- Qualified members of a sufficient number to affect the results were not properly notified of the Constitutional Convention and/or permitted to attend and vote;
- Electronic conventions are not permitted under the LPNM Constitutional and Bylaws (research performed did not show evidence that any prior state proclamations to allow such under emergency powers were still in effect)
These deficiencies were reviewed by the LNC’s Parliamentarian, Richard Brown, who agreed that the above-stated violations render any actions taken at the Constitutional Convention to be null and void. Please note that these violations are severable and any one of them on their own would be enough to nullify any results of the Constitutional Convention.
On July 31, 2022, the LNC met in person and passed a motion containing the following conclusions:
• The Constitutional Convention held on July 12, 2022, was null and void
• The LNC recognizes the official Constitution and Bylaws of the LPNM as those adopted March 27, 2021.
The LNC is required to maintain a list of current state affiliate bylaws, per article 2.5. The LNC requests your acknowledgment that the governing documents adopted on March 27, 2021, are the operative Constitution and Bylaws by August 31, 2022, or the LNC may need to consider other options in order to protect our branding and preserve the rights of aggrieved members of the LPNM. If an impediment to sending such an official acknowledgment by that date exists, please let us know what that impediment is and by what date this will be done.
Very truly yours,
Angela McArdle, Chair