We are advised that an attempt was made within the Florida Libertarian Party to challenge the National Convention elections. The challenge was based on a claim that some National Convention delegates were seated in violation of party bylaws. The motion, whose full text we do not have, was passed by the LP Florida Executive Committee.
As a result of these events Florida Libertarian Party Vice Chair Jerry Rorabaugh has resigned as Vice Chair.
A perhaps-useful video link shows the June 2024 Florida Executive Committee business. https://www.youtube.com/watch?v=KApcvmKKJoU
We are told that the proposal was deleted, although it was discussed in a public meeting.
The proposal was supported by a memorandum, which follows.
We will add more information when it becomes available.
Memorandum:
TO: Concerned Parties
FROM: 2024 Libertarian Party (LP) National Convention Delegates
RE: Ineligible Delegates Outnumber the Vote Difference for Winning LP Nomination
DATE: June 10, 2024
Libertarian Party members that participated as voting delegates to the 2024 Libertarian Party national convention have analyzed the public allegations and documents suggesting that a sufficient number of ineligible delegates participated in the selection of the Libertarian Party nominees for President and Vice-President as well as officers of the LNC for vice-chair and secretary. The election results may be voided if there is any possibility that such ballots of ineligible delegates could affect the result which appears to have occurred.
The sources of ineligible delegates are from the states of Michigan, Oklahoma and Washington added without the required seven-eighths vote of delegates; and 3 delegates were not eligible to serve according to the bylaws of their respective state affiliates:
a. The additional list of 27 Michigan delegates with a simple majority vote;
b. The additional lists of 15 Oklahoma and 14 Washington delegates were added initially with a simple majority vote then added again through an attempted bylaws amendment that only passed with a two-thirds vote less than the required seven- eighths vote;
c. 2 delegates from the Ohio list were ineligible to serve as Ohio delegates being residents of the state of Minnesota despite being submitted by email from the Ohio delegation chair before the start of the convention; and
d. 1 delegate from the Missouri list was ineligible to as a Missouri delegate being a resident of the state of New Jersey despite being voted in by seven-eighths.
Executive Summary
As the convention election contest votes are tracked by state, we can identify the largest number of illegal votes introduced to determine whether the number affected the result. We analyze each election for the Libertarian Party nominees for President and Vice- President as well as officers of the LNC for vice-chair and secretary. We find that each of these elections had sufficient number of illegal votes that caused a change in the result if set aside. There are no procedural grounds for contesting these elections after the convention. The LNC can correct the election problems by agreement of a resignation by the election “winners” and appointment back in place under the authority granted to themunder the LP Bylaws. The LNC is also a non-profit corporation governed under District of Columbia Code and as such subject to the jurisdiction of the courts there which can decide that these elections are voided leaving a vacancy in its place that the LNC would have to replace.
I. Factual Background
A. The 2024 Libertarian Party National Convention (“convention”) was held at the Washington Hilton in Washington, D.C. on the dates of May 24 – May 26, 2024. https://lnc2024.com/
B. The convention is organized under the rules of the Libertarian National Committee, Inc., a District of Columbia non-profit corporation. https://lpedia.org/wiki/Libertarian_National_Committee,_Inc.
C. 2024 Libertarian Party Convention “Live Minutes” were written by LNC Secretary Caryn Ann Harlos https://tinyurl.com/UNGOVERNABLEMINUTES
D. There is a livestream recording hosted on Youtube for each day of the convention.
Day 1: https://www.youtube.com/watch?v=ifFJVDRvGvY;
Day 2: https://www.youtube.com/watch?v=Fz1hirz-guU;
Day 3: https://www.youtube.com/watch?v=3kmZVRWpr20
E. 2024 Libertarian Party Convention Election Results (provided by LNC Secretary) https://groups.google.com/g/lnc-business-list-public/c/wFTT_hcQphs
F. 2024 Libertarian Party Convention Credentials Check-In Sheet (provided by Credentials Committee) https://file.io/h6e1G2BWZ87d
G. Libertarian Party Bylaws https://www.lp.org/bylaws-and-convention-rules/
H. District of Columbia Code Non-profit Corporation Act https://code.dccouncil.gov/us/dc/council/code/titles/29/chapters/4/
I. The LNC is subject under DC Code, organized under its own bylaws, Robert’s Rules of Order, Newly Revised 12th Edition and its own standing rules in this order of legal hierarchy.
J. The LNC organizes its convention in coordination with the bylaws set forth by each of the state-level political parties affiliated with the national party to accept delegates from each that will vote on national party business.
a. Libertarian Party of Ohio Bylaws https://lpo.org/about/constitution-bylaws-and-minutes/
b. Libertarian Party of Missouri Bylaws https://lpmo.org/about/bylaws/
II. Delegate Discussion
According to the “Live Minutes”, the convention delegates ended up appealing the ruling of the chair and voting by a majority to include the additional delegate lists of the states of Michigan (27), Oklahoma (15) and Washington (14) with the number of people from the list.
We do know specifically who were part of the additional lists of delegates from the delegate check-in sheet (although it seems to be missing the check-in from the additional Oklahoma delegates).
According to the Delegate Allocations, the states of Michigan, Oklahoma and Washington were allocated 34, 11 and 35 delegates respectively to the convention. The delegate check-in sheet shows that the number of checked-in delegates and alternates were 23, 8 and 21 respectively. The delegation chair according to the LP rules can freely substitute alternates into vacant delegate slots.
The number of people on each additional delegate list was not the maximum of ineligible votes cast since not everyone attended the convention that were on the list or found some other state to sit with (according to the delegate check-in sheet). The election records reliably indicate the greatest number of votes possible for a particular candidate.
III. Continuous Breach of Bylaws Can Cause Actions Taken to be Voidable
Generally, the failing to follow the seven-eighths vote in the bylaws did create a breach of a continuing nature, and because the point of order was raised timely (RONR 23:6 a, and note 23:6 n2 [and could be suspended]). However, there was an attempt to minimize the effect of this breach by amending the bylaws to permit seating of the delegates by a 2/3 vote and then reseating the additional delegates from the list of the states of Oklahoma and Washington (“Starr Motion”).
LP Bylaws A17S1: These bylaws may be amended by a 2/3 vote of the delegates at any regular convention
There may have been a problem with the newly seated MI delegates, who were not covered under the Starr Motion. However, RONR notes that, in the face ineligible voters voting, the vote may only be voided “if there is any possibility that such ballots [of ineligible voters] could affect the result… . (RONR, 46:35)”
LP Bylaws A10S4e: By seven-eighths vote, the convention may approve additional delegates and alternates whose names and addresses are submitted to the Credentials Committee during the convention
Regardless of the Starr Motion, DC Code states that any amendment to the bylaws affecting voting requirements requires the amendment to pass by the highest voting requirement that is being asked to change to or from. In this case, DC code required the amendment to pass with the same seven-eighths vote required to seat additional delegates in the convention.
DC Code Section 29–408.21 (c): Action by the board of directors or a designated body under subsection (a) of this section to amend or repeal a bylaw that changes the quorum or voting requirement for the board of directors or a designated body shall meet the same quorum requirement and be adopted by the same vote required to take action under the quorum and voting requirement then in effect or proposed to be adopted, whichever is greater. According to the Delegate Check-In “Those Missed” tab, Cara Schulz and Heather Biedermann, two well-known Minnesota residents were seated with the Ohio delegation despite not the requirement that to serve as Ohio delegates the state’s bylaws require, they be Ohio residents.
LP Ohio Bylaws A3S4: All delegates to any state or national party convention, regular or otherwise, must be members of the Party as ruled by the Chair of the Central Committee if primary voting results are not available, on the date of such Convention.
LP Ohio Bylaws A2S1 (in part): A Basic Member is defined as an Ohio resident…
According to the Delegate Check-In “Those Missed” tab, Arielle Shack despite not being a resident of Missouri according to the state’s bylaws was sat with its delegation. Ms. Shack is a New Jersey resident. It is of no consequence that she was seated after a vote by seven-eighths by delegates.
LP Missouri Bylaws A13S1 (in part): Only those persons who qualify as General Members or Voting Members as of January 1 the year of a National Convention shall be eligible to apply to be a delegate.
LP Missouri Bylaws A3S1 (in part): Membership (“General Membership”) in the MoLP shall be conferred upon any registered Missouri voter…
RONR notes that, in the face ineligible voters voting, the vote may only be voided “if there is any possibility that such ballots [of ineligible voters] could affect the result… (RONR, 46:35)”. Otherwise, in jurisprudence it is commonplace that any unlawful action taken in any official setting is voidable in a court of law.
IV. Election Review
It appears that the most any presidential candidate received during Round 6 in Michigan was 16 votes, in Oklahoma was 9 votes and in Washington was 13. Adding the 3 ineligible delegates in the Ohio and Missouri list, the largest possible number of illegal votes was 41. The Round 6 vote difference between Chase Oliver and Michael Rectenwald was 41 or a tie requiring another round of voting.
It appears that the most any vice-presidential candidate received during Round 2 in Michigan was 15 votes, in Oklahoma was 7 votes and in Washington was 15. Adding the 3 ineligible delegates in the Ohio and Missouri list, the largest possible number of illegal votes was 40. The Round 6 vote difference between Mike ter Maat and Clint Russell was 28 or without the illegal votes the election result would have been in favor of Clint Russell instead.
The elections for vice-chair and secretary were decided on the first round of voting with a majority of vote by 1 vote and by 6 votes, respectively.
It appears that the most any vice-chair candidate received during Round 1 in Michigan was 16 votes, in Oklahoma was 9 votes and in Washington was 19. Adding the 3 ineligible delegates in the Ohio and Missouri list, the largest possible number of illegal votes was 47. Mark Rutherford won the election by 1 vote where without the illegal votes the election result would have required at least another round of voting.
It appears that the most any secretary candidate received during Round 1 in Michigan was 16 votes, in Oklahoma was 5 votes and in Washington was 10. Adding the 3 ineligible delegates in the Ohio and Missouri list, the largest possible number of illegal votes was 34. Caryn Ann Harlos won the election by 6 votes where without the illegal votes the election result would have required at least another round of voting.
V. Remedies
The LNC is authorized under its bylaws to remedy the problem of the nomination of the Presidential and Vice-presidential candidates by suspending and reappointed them.
The LP Bylaws Article 14, Section 5 reads in part “A candidate’s nomination may be suspended by a 3/4 vote of the entire membership of the National Committee at a meeting.”
Upon the suspension of the presidential and vice-presidential candidates, Article 14, Section 3 allows for the LNC to appoint into the vacancy which reads “In the event of the death, resignation, disqualification, or suspension of the nomination of the Party’s nominee for President, the Vice-Presidential nominee shall become the Presidential nominee. Two- thirds of the entire membership of the National Committee may, at a meeting, fill a Vice- Presidential vacancy, and, if necessary, a simultaneous Presidential vacancy.”
Similarly, the LNC can vote to fill vacancies among their ranks such as vice-chair and secretary. Article 6, Section 8 reads, “The National Committee shall appoint new officers if vacancies occur, such officers to complete the term of the office vacated.”
There are substantial due process rights to suspend or remove a nominee or officer without their cooperation. Due process is also protected in a court of law should a lawsuit be brought for challenging the election results from the convention discussed in this memorandum.
In either event, the information provided in this memorandum should be of concern for the LNC and party members who’s vote was impacted by the potential inclusion of illegal votes that distorted the natural outcome of the convention elections.
VI. Conclusion
The votes for the convention elections were tracked by state and the largest number of illegal votes introduced was identified to determine that they were numerous enough to affect the result for the elections for Libertarian Party nominees of President and Vice-President as well as officers of the LNC for vice-chair and secretary.
There are no procedural grounds for contesting these elections after the convention.
The LNC can correct the election problems by agreement of a resignation by the election “winners” and appointment back in place under the authority granted to them under the LP Bylaws.
The LNC is also a non-profit corporation governed under District of Columbia Code and as such subject to the jurisdiction of the courts there which can decide that these elections are voided leaving a vacancy in its place that the LNC would have to replace.
It is good for the party to resolve the concerns whether the LP presidential and vice-presidential candidates have been lawfully elected by the eligible convention delegates.
The Roo’s numbers are all wrong. It is embarrassing that he doesn’t understand
1. That being accepted on report isn’t the same as being credentialed since many of those people were either not there or already validly seated in other delegations
2. That it isn’t the “spread” / it’s the denominator
What a load of horse leavings.
The analysis were reviewed but they didn’t change the conclusions, except that it’s likely the LNC Secretary race was not effected directly by the illegal votes. The bylaw violations themselves are concerning because they shouldn’t have happened. This was a massive failure. The bylaws need to be fixed.
Almost all of this is irrelevant because the convention adjourned sine die, and therefore the votes are final, including the seating of the delegates and the elections. The convention body is dissolved, and cannot be reconstituted.
The only parts that are still relevant is that a point of order can be raised to the NEXT convention regarding the Bylaws amendment violating DC Code (a code section that is unconstitutional, BTW, as it violates the organization’s rights to free speech and assembly), which is a continuing breach, and that could then declare that amendment improper and void. It can’t be raised to the LNC since they have no authority over Bylaws Amendments.
Why was this not raised at the time of the amendment’s proposal? Who knows? Probably because they didn’t know about it and simply went looking later for a reason to complain and overturn the elections.
That reality makes this simply reek of sour grapes.
Sure, the LNC could suspend the Oliver and der Maat nominations and then immediately reappoint them, if for any reason as a mere formality just to shut down this nonsense.
Frankly, this ongoing set of temper tantrums needs to end. It does the LP no good, and it wastes everyone’s time on nonsense when they should be dealing with the real problem, the duopoly and the state.
Actually, the claim is a violation of statute, so this would likely end up in court.
The original resolution is here: https://docs.google.com/document/d/1knD2zqRXwHr9vEtXl4VYpXxRHBHOGYULo8aGpa2s7ug/edit?usp=sharing
The attached memo is here: https://www.dropbox.com/scl/fi/vc0qkbxa9q22p387xxjiw/MEMO-Ineligible-LP-Delegates.pdf?rlkey=l8a8zbm9meqkwsvxt1mrx2knq&st=esm1b6h8&dl=0
As the mover of this resolution, I would like to confirm that under no circumstances is LP Florida “challenging” the results of the convention nomination. The resolution is clear that the board is committed to placing the Oliver/ter Maat ticket on the ballot. Rather there is doubt as to whether the LNC is protecting state affiliates and their ballot access that a request is made of them to review their process and procedures were performed correctly and if not to provide us a solution.
On a personal note, everyone knows that there were substantial number of disputed delegates discussed during the approval of the initial credentials report on Friday morning of the first day of convention. Clearly, the bylaws can’t keep up with the demand to seat delegates and have to be reformed. On the upside, this is a sign of growth. But on the downside, people are willfully breaking the rules to participate.