2020 Libertarian Party Convention Postponed

ed. note: The date(s) and location of the 2020 Libertarian National Convention are currently in limbo.  The convention had been scheduled for May 19-26 in Austin, but the hotel arrangement fell through on April 26 and the Libertarian National Committee voted to postpone the convention in a May 2 teleconference meeting.  The Libertarian National Committee is to determine a new date/location by May 13.
http://hq.lp.org/pipermail/lnc-business/attachments/20200502/5f7bb53e/attachment-0001.docx

CONVENTION OVERSIGHT COMMITTEE REPORT
LNC ELECTRONIC MEETING - MAY 2, 2020

INTRODUCTION

There has been a lot of discussion on whether to go forward with Memorial Day weekend, postpone the convention, have an online convention, or have the LNC choose the POTUS candidate.

The party’s bylaws require that we hold a convention between July 2019 and August 2020 (Article 10 Section 1). The bylaws outline that a presidential nomination may only occur at a convention (Article 14 Section 1).  The LNC has the power to fill a vacancy in regard to the presidential nomination in some circumstances (Article 14 Section 3).

This report provides background on the issues, and outlines the “For” and “Against” cases for each scenario, and outlines the COC recommendation for the next course of action.



MOTIONS

    •    Due to the continuing Impossibility of holding a 1046 delegate convention in Austin, Texas from May 19th to May 26th, 2020 resulting from continuing government actions related to the Covid-19 pandemic both in Texas and across the country, the Libertarian National Committee hereby directs the invocation of the Impossibility clause, terminating the contract between itself and the JW Marriott without any further liability by either party.
    •   
    •    We move to postpone the 2020 convention to an alternate date and/or location to be chosen by the LNC.


 
Option 1: Memorial Day Weekend Convention (original plan):

Description:  The original convention plan.

Due to the continuing Impossibility of holding a 1046 delegate convention in Austin, Texas from May 19th to May 26th, 2020 resulting from continuing government actions related to the Covid-19 pandemic both in Texas and across the country, the Libertarian National Committee hereby directs the invocation of the Impossibility clause, terminating the contract between itself and the JW Marriott without any further liability by either party.



Option 2: Postponing the Convention      *** COC RECOMMENDED ***

Description: Move the date, and potentially switch the city, to early-to-mid July 2020. New venue would have square footage to provide for distancing.

Pro: Those in favor of postponement believe that our bylaws require an in-person convention by  August 2020. July would be that last chance for in-person, and “impossible” past that date. (After “impossibility” the LNC can use one of the other alternatives with time to properly plan for those potential alternatives). New RFP responses are attractive and have lower F&B and lower risk. An in-person convention will have good attendance, as there will be a trade-off between those who bow-out and those who are excited to get out of lockdown, and Alternates can fill gaps. Current-year candidates always have to choose between National Convention on holiday weekends and campaigning. Ballot access has been addressed (except for Georgia, which Richard Winger of Ballot Access News and at least one Ballot Access attorney believe is a very winnable legal case to push the date). We believe all petitioning will need to be waived or significantly reduced if the virus is still a concern (as it was in Illinois), and a later convention date may assist in providing evidence of need for relief from petitioning. While Austin is the preferred location, it may be beneficial, financially and/or otherwise, to relocate. We can continue the good relationship with our current A/V provider and use their services at the rescheduled convention.

Some in favor want to move the convention to Las Vegas and make the convention co-terminus with FreedomFest, to increase promotional opportunities, though the Ballot Access Committee prefers July 4th weekend. There’s general agreement to avoid conflicts with FreedomFest.


Con:  Those against postponement believe that the postponed convention will inevitably end with cancellation, either way, so “impossibility” has already been reached. Moving to Independence Day weekend, if proposed, would harm the ability of candidates to campaign if they’re at the National Convention instead. Delaying will cause unnecessary harm to our POTUS nominee’s campaign and fundraising. Attendance will be low, due to health concerns for the immunocompromised and especially among older members, and it’s not fair that those with those concerns are forced to choose between their health and a national convention. There is concern that there would be financial ruin due to low attendance. Ballot access may be at risk, either due to filing deadlines or petition deadlines. Party leadership in at least two states have passed a resolution to ask the LNC to cancel an in-person convention and to move immediately to an electronic convention.

Some people are specifically only against postponement to a different location, saying that the convention should remain in Austin. (Which is one option being pursued.)

Option 3: Multiple Remote Locations and/or an Online Convention

Description:  A small convention (aka “rump” convention) would be held by a small convention body to allow altering the bylaws to permit online conventions, and then would adjournment/recess to bring convention delegates “online”.

Pro:  Those in favor of this option believe that the postponed convention will inevitably end with cancellation, either way, so “impossibility” has already been reached. Even if not technically “impossible” from a government regulation standpoint, a gathering of 1,050 will create health concerns that make some delegates unable and/or unwilling to attend, and it is immoral to make people choose between health and participation. Technology can and should be leveraged to keep everyone safe, while respecting the convention delegates’ voting rights. A number of state parties used some form of this mechanism as the virus outbreak began. Some versions include a “webinar” broadcast for speeches and announcing results.

Some favor an email ballot solution, either multi-round or instant runoff. This would provide delegates with the flexibility to not have to be actively on the computer as votes trickle in or as technical problems are resolved. Within this group, some would propose to limit business to POTUS nomination and maybe LNC and JC nomination. This was used by the Utah GOP to conduct their primary over the course of several days.

Some favor a state-based configuration, with 51 delegations responsible for managing their delegates. This would reduce the burden on the national committee, and state parties are more in-touch with their members. This would mimic the voting process used in conventions, where votes are turned into the delegation chair first. This system has been adopted by the Constitution Party.

Some favor a 1046-participant Zoom-like meeting, with full participation and normal rules of order. This would permit full deliberation of convention business, and allow people to chime in instantly with privileged motions. No business would be delayed.

Con:  All funds collected (approximately $330,000) for the in-person convention would be subject to potential refund to donors. Those opposed have concerns with using this mechanism as a primary option at this time. There is no language that has been passed by the Bylaws Committee to even know how this might look like (email ballots? Online 1,050 deliberation via Zoom? Online 51 affiliates? Something else?). Electronic conventions are chaotic or disenfranchising (or both), as outlined by Roberts Rules of Order and based on experiences of other state parties. Some delegates have not and/or do not wish to provide email addresses, making communication more difficult. There is a concern that other delegates may not have the technology available to operate within an online convention, or the technical prowess to resolve issues if/when they arise. There are security concerns with an electronic convention. Are tokens still used for nominations? There would be costs for this option, which would need to be offset in some other way - likely through “floor fees” - and it is likely that the cost will increase based on the ability for more delegates to participate more directly.

There are also concerns about the so-called “rump” convention. This has many wildcard scenarios, and cumulatively it has a lot of risk. How does credentials work? What happens if more delegates are on-site than what is permitted by state or local laws? Who decides who gets credentialled? What are the ramifications? Will there be quorum problems? Will the venue be open? Will the hotel let us use their parking lot? Will the police run us off of the sidewalk for not social distancing? Will “bad actors” try to overrun the convention? Is there legal risk if delegates who are present aren’t certified?

Skipping the "rump" option (declaring the “place” to be “online”) will cause risk to ballot access in states where the law says nomination must be in accordance with party bylaws.

Those against email balloting point to a lack of the deliberative process. There’s no mechanism to call for privileged motions, such as a point of order, point of information, etc. This would seriously disrupt our normal process (tokens, debates, multiple rounds of voting, etc.). This would be a very slow process, if multiple rounds of voting were conducted via email. Further, email balloting inherently prevents secret ballots.

Those against “online by state delegation” point out the significant harm to the deliberative process. There would be a delay for privileged motions, such as a point of order, point of information, etc. This puts a burden on state affiliates to deal with technical issues for their delegates; a task they may not be able to execute. State delegations may need to reserve and pay for space for delegates without proper home computer equipment to participate.

Those against online deliberation of 1,046 point out that while this preserves the deliberative process it will have a number of other issues, including credentialing, background noise, and intentional filibustering. During POTUS and LNC debates, the audience microphones would need to be forcefully muted.

Option 4: LNC Chooses POTUS

Description: Stop trying to have a convention. Delegates vote in non-binding poll for POTUS.  All “elections” would be advisory, and the LNC would agree to follow the guidance of the delegates. The rest of business would be handled in an in-person convention to be scheduled in the fall.

Pro:  Those in favor of this option believe that the postponed convention will inevitably end with cancellation, either way, so “impossibility” has already been reached. Even if not technically “impossible” from a government regulation standpoint, a gathering of 1,050 will create health concerns that make some delegates unable and/or unwilling to attend, and it is immoral to make people choose between health and participation. Those in favor of using this option immediately believe this is the fastest way to nominate a candidate, without having to have a “rump” convention.

Some favor using this option in the case that a rescheduled convention in July becomes Impossible; the POTUS nomination would be resolved and the rest of deliberative business is handled in-person when possible to meet.

Con:  All funds collected (approximately $330,000) for the in-person convention would be subject to potential refund to donors. Those opposed have concerns with using this mechanism as a primary option prior to July as a blatant violation of bylaws. The existing bylaws require a National Convention, and POTUS nomination may “only” happen at the National Convention. Vacancies can only occur in certain circumstances, and only then can the LNC fill the vacancy.

ARTICLE 14: PRESIDENTIAL AND VICE-PRESIDENTIAL CAMPAIGNS

1. Nominations of candidates for President and Vice-President of the United States may be made only at the Regular Convention immediately preceding a Presidential election.

2. No candidate may be nominated for President or Vice-President who is ineligible under the United States Constitution, who has not expressed a willingness to accept the nomination of the Party, who served as a stand-in candidate during the current election cycle, or who is not a sustaining member of the Party. A stand-in is an individual who has agreed to be placed on a state affiliate’s nomination petition prior to the selection of nominees by the Libertarian Party at Convention.

3. 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.

4. The National Committee shall respect the vote of the delegates at Nominating Conventions and provide full support for the Party’s nominee for President and nominee for Vice-President as long as their campaigns are conducted in accordance with the Platform of the Party.

So long as it is possible to hold a convention, this bylaw restriction remains in place. Violating bylaws before absolutely necessary, combined with the improper seating of the Judicial Committee in 2018, opens up the process - including the POTUS nomination - to outside legal challengers.

Some members fear that if the choice of a National Ticket is left to the LNC, no matter who they choose, the supporters of those not chosen will question the legitimacy of the process, perhaps leading to long term rifts in the party.

Ballot Access Filing Deadlines (President only)

STATE FILING DEADLINES DEADLINE
Alabama 5,000 signatures must be filed
August 13th		 08/13/2020
Alaska 3,212 signatures must be filed
by August 5th		 08/05/2020
Arizona Electors due August 14th 08/14/2020

Arkansas		 Electors due 2 days after convention and before Sept 15th. 1000 signatures due
Aug 3rd
Depends **
California Paperwork due October 1st 10/01/2020
Colorado Paperwork due Sept 4 09/04/2020
Connecticut Paperwork due Sept 2 09/02/2020
Delaware Paperwork due 10 days after
convention		 Depends **
DC Electors due Sept 1 09/01/2020
Florida Paperwork due Sept 1 09/01/2020
Georgia Paperwork due June 22-26
*** ES ***		 06/26/2020
Hawaii Paperwork due Sept 4 09/04/2020
Idaho Paperwork due Sept 1 09/01/2020
Illinois Won lawsuit - Paperwork due
August 7		 08/07/2020
Indiana September 8th 09/08/2020
Iowa Petition due August 14th 08/14/2020
Kansas File after national convention Depends **
Kentucky Paperwork due Sept 4th 09/04/2020
Louisiana Paperwork due August 18th 08/18/2020
Maine August 1st 08/01/2020

STATE FILING DEADLINES DEADLINE
Maryland Action ongoing. Signatures
due 8/1. Paperwork due 10/4.		 08/01/2020
Massachusetts Paperwork due September 8th 09/08/2020
Michigan Paperwork due 1 day after
national convention		 Depends **
Minnesota 2000 signatures due August
18th		 08/18/2020
Mississippi Paperwork due September 4th 09/04/2020
Missouri Paperwork due August 4th 08/04/2020
Montana Paperwork due August 19th 08/19/2020
Nebraska Paperwork due September 8th 09/08/2020
Nevada Paperwork due August 20th 08/20/2020
New Hampshire Candidate Filing due 6/15,
petition due 8/5 *** ES ***		 06/15/2020
New Jersey 800 signatures due 7/27 07/27/2020
New Mexico Paperwork due 9/7 09/07/2020
New York Paperwork due 9/4 09/04/2020
North Carolina Paperwork due 8/7 08/07/2020
North Dakota Paperwork due 8/31 08/31/2020
Ohio Paperwork due 8/5 08/05/2020
Oklahoma Electors due 7/15. Paperwork
due 8/19		 08/19/2020
Oregon Paperwork due 8/25 08/25/2020
Pennsylvania Electors due 30 days post-
conv. Petition due 8/1		 08/01/2020
Rhode Island Electors due 6/28. 1000
signatures due 9/4		 09/04/2020
South Carolina Electors due 9/4. Paperwork
due 9/8		 09/08/2020
South Dakota Paperwork due 8/4 08/04/2020

STATE FILING DEADLINES DEADLINE
Tennessee 275 signatures and paperwork
due 8/20		 08/20/2020
Texas Paperwork due 8/25 08/25/2020
Utah Paperwork due 8/31 08/31/2020
Vermont Paperwork due 9/9 09/09/2020
Virginia 10,000 signatures and
paperwork due 8/21		 08/21/2020
Washington 1,000 signatures and
paperwork due 8/7		 08/07/2020
West Virginia Paperwork due 8/1 08/01/2020
Wisconsin 2000+ signatures and
paperwork due 9/1		 09/01/2020
Wyoming Paperwork due 30 days post-
convention		 Depends **

New Hampshire requires candidates to file Statement of Candidacy in June. Per conversations between Bob Johnston (LNC Contractor) and Deputy SOS Scanlon, multiple candidates can file and the party submits paperwork with the actual nominee (assuming that nominee filed the Statement of Candidacy). Further discussion is appropriate only for Executive Session for conversation on legal actions.

Georgia would need legal action to push back the filing deadline. Further discussion is appropriate only for Executive Session for conversation on legal actions.

** States denoted as “depends” are states that are required to file after the national convention, whenever that is.

Questions to Consider With All Options:
What effect will our choice have on ballot access?

Violating bylaws creates legal risk. Specifically Kentucky, but reports from other states as well.

The longer we wait, the more at-risk we are of not achieving ballot access in some states. At this time, Georgia is the first deadline that can’t be accounted for, in late-June.  If a reschedule/postpone occurs, a lawsuit will need to be filed in GA to force the state to shift back the initial filing deadline.

What effect will our choice have on the decision making process in some future crisis or crises?  Are we weakening the protection afforded by our bylaws?  Are we letting our bylaws unduly handicap our actions?

Any decision made at this time may be argued as precedent in the future.  Bylaws should be followed, until following the bylaws actually become impossible.

Issues list:
Issue:  Coronavirus lock-downs and/or travel restrictions

Some states have restricted travel of their citizens to other places, or have restricted citizens of other states to enter without a mandatory quarantine. These restrictions are currently being loosened as the states follow the national “re-open” plan.

Issue:  Bylaws cannot be amended outside convention, and don’t permit virtual conventions or online balloting

The National Party bylaws do not provide for the LNC to amend bylaws outside convention, even in the case of an emergency. There is no remedy under the bylaws to resolve this without an in-person convention. 

Issue:  We are required in the bylaws to have a convention between July 1, 2019 and August 31, 2020.

The Libertarian Party is required to have a convention every two years, in a window.  This is defined in the National Party bylaws:

ARTICLE 10: CONVENTIONS

1. Regular Conventions: The Party shall hold a Regular Convention every two years, at a time and place selected by the National Committee. Regular Conventions shall be held sometime during the period of July of an odd-numbered year through August of an even-numbered year. All business required to be conducted at Regular Conventions shall be conducted at Regular Conventions only.  [emphasis added]

While the current May 22nd-25th dates may be covered as an impossibility, July and August should be open to hold a convention; thus the LNC would be required to choose a new date in order to comply with the bylaws.

Issue:  Verifying delegates are credentialed and “on the floor”.

In any scenario that isn’t in-person, do you really know who’s on the other end? Can someone sell their seat to an otherwise non-delegate, and never be discovered?
Issue:  Potential LNC actions related to selection of nominee could conflict with some state laws

If the LNC violates bylaws to nominate a POTUS candidate, creates opportunity for attempts to have our candidate sued off the ballot in certain states, based on state law.

Kentucky – KRS 118.325 requires a candidate to be “nominated in convention, in accordance with that party’s constitution and bylaws.”


Issue:  Online voting presents risk to the integrity of the process.

Online voting is open to many risks. The process must be secured to only those entitled to vote, and know who is entitled to vote at any particular time. Security would be essential. There needs to be consideration for individual technological failure or individual lack of required technology.

Issue:  Timing of the nomination could impact ballot access in some states

New Hampshire has a “Statement of Candidacy” filing deadline of June 12th.  One option is to have all candidates file, and the LP only does petitioning or certifying of the actual nominee, selected on a weekend after June 12th. This could cause multiple candidates seeking the LP nomination to appear on the ballot, even though they did not get our nomination.  The New Hampshire party should ask for an extension, regardless of the path chosen by the LNC, as Coronavirus has slowed everything down. A lawsuit would likely push the filing deadline back.

Litigation in Illinois has caused the deadline in that state to be moved back to August.

Georgia is the next deadline, in late June. Legal counsel and Richard Winger both believe this would be easy to get pushed back.

There are ballot access petition deadlines in August that will be tight, but we expect relief from the courts on most or all of those.  We have access to petition contractors that have expressed interest in hitting the ground running on the day we nominate POTUS.


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May 2, 2020 teleconference meeting

from Joshua Smith, posted at http://ballot-access.org/2020/05/02/libertarian-party-national-committee-votes-not-to-hold-an-in-person-presidential-convention-in-late-may/

We have voted to pass: “Move to postpone the 2020 convention to an alternate date/location to be chosen by the LNC to a new physical location to take place no later than July 15, with a decision made by the LNC no later than ten days from today by electronic meeting.”

The vote tally is below. I will explain my vote in the comments.

Bilyeu Yes
Bishop-Henchman No
Ford No
Goldstein Yes
Hagan Yes
Harlos Yes
Hewitt Yes
Lark Yes
Longstreth No
Mattson Yes
Merced No
Nekhaila No
Phillips No
Redpath No
Sarwark (Presiding)
Smith Yes
Van Horn Yes
Yes 9
No 7
Presiding 1
lnc2020.com/covid-19-notice/

Status as of April 26th, 2020

Without any direction by the Libertarian Party and without notice, all reservations to the JW Marriott-Austin for the Libertarian National Convention, scheduled for May 20th – May 26th, 2020, were cancelled early on the morning of April 26th, 2020. We had been working with the JW Austin and reaching out to other venues in order to plan a postponement that incorporated social distancing.

The Libertarian National Committee has a pre-scheduled teleconference meeting regarding the convention scheduled for Saturday, May 2nd, at which they are able to officially take action(s) regarding the 2020 Libertarian National Convention.

We apologize to our members for the manner in which this occurred. The cancellation was not a surprise, but the lack of a notice to Convention Oversight Committee and staff and the manner in which the reservations were worded are the parts that are disturbing.

The Convention Oversight Committee has already been looking for other venues in Austin and other cities with dates in July of 2020, as a potential contingency. 

We thank you for your understanding, support, and patience during these difficult times.

Be well,

Daniel Hayes
Chair, LNC Convention Oversight Committee
Status as of April 14th, 2020:

Currently, the plan for the 2020 Libertarian National Convention that is still in place is to convene in Austin, Texas at the JW Marriott on May 22nd. This can and likely may change. We have been continually monitoring the situation through posted government orders, and have been communicating with both the venue and the Austin Convention and Visitors Bureau.
 
It has been communicated to us that the JW Marriott in Austin plans to reopen May 8th, and that as current orders stand, they will be fully operational for our convention.

The Governor of Texas announced that a plan should be forthcoming this week to open Texas back up for Business. We note that there are no current end dates on the Governor’s previous travel curtailments for those entering Texas.

On April 13th, the Mayor of Austin and Travis County issued orders that facial masks are required in public and social distancing is still in effect. This order is in effect through May 8th with possible extension.
 
It has become clear to us that social distancing measures and other orders are highly probable to still be in effect during our event and that we must plan accordingly.
 
The Convention Oversight Committee and other subcommittees of the Libertarian National Committee (LNC) have been communicating to formulate plans for any contingency.
 
These plans include but are not limited to proceeding with the current dates, postponing to another date and possibly another place, forgoing in-person events to conduct convention business electronically, or some combinations of these.
 
On May 2nd, the LNC has called a meeting via videoconference for the purpose of evaluating the current state of affairs and taking needed actions at this time.
 
The COC should be sharing recommendations in a report to the LNC about 5 days prior to this date. Please, bear in mind that this is still an extremely fluid situation and anything can change at any time.
 
We thank our delegates, attendees, candidates, and sponsors for their continued patience.
 
Please, be well and stay safe
 
Additional resources:
We are closely monitoring the situation regarding the novel Coronavirus (COVID-19), and developing guidance regarding the implementation of the 2020 Libertarian National Convention, which is currently set at the JW Marriott in Austin, Texas. The recommended arrival date is Wednesday, May 20th, with a departure date of Tuesday, May 26th.
 
For legal reasons of internal and external nature, and in accordance with ballot access compliance deadlines for our prospective POTUS candidate, it is of great importance that we come as close to our original plan for the convention as possible.
 
The most recent order issued by the Mayor of Austin on March 17th, 2020 is set to end on May 1st, 2020. Through the many various orders, Austin’s mitigation strategies have become more restrictive, but this date has remained consistent. The Austin CVB has specifically communicated to us that our program is unaffected by the current orders.  The most recent order issued by the Governor of Texas on March 19th, 2020 is set to end on April 3rd, 2020.  As the Governor’s order ends sooner than the order of the Austin Mayor, the 2020 Libertarian National Convention is also unaffected by this order at this point.  This can of course change.
 
The Coronavirus crisis is of an incredibly fluid nature, and as of the writing of this 61 days before our event, it is still too early to make any “permanent” plans related to the implementation of the 2020 Libertarian National Convention. Expect more definitive guidance as to the plan for the event about one month before the delegates and attendees are scheduled to arrive for registration and credentialing. For now, we can expect release of more definitive guidance on 4/20. Leading up to that, all options are being explored and preparations made to implement them.
 
As we adjust to the new normal over the next few weeks, we will be able to make informed decisions on which path to take.
 
Please, evaluate your individual situation and determine your own level of risk. Take necessary precautions to avoid exposing others.

Additional resources:  

          Austin COVID-19 Order 3/17/2020

          Texas COVID-19 Order 3/19/2020
Status as of March 17th, 2020:

We are closely monitoring the situation regarding the novel Coronavirus (COVID-19), and developing guidance regarding the implementation of the 2020 Libertarian National Convention, which is currently set at the JW Marriott in Austin, Texas. The recommended arrival date is Wednesday, May 20th, with a departure date of Tuesday, May 26th.

For legal reasons of internal and external nature, and in accordance with ballot access compliance deadlines for our prospective POTUS candidate, it is of great importance that we come as close to our original plan for the convention as possible.

The most recent order issued by the Mayor of Austin on March 17th, 2020 is set to end on May 1st, 2020. Through the many various orders, Austin’s mitigation strategies have become more restrictive, but this date has remained consistent. The Austin CVB has specifically communicated to us that our program is unaffected by the current orders. This can of course change.

The Coronavirus crisis is of an incredibly fluid nature, and as of the writing of this 64 days before our event, it is still too early to make any “permanent” plans related to the implementation of the 2020 Libertarian National Convention. Expect more definitive guidance as to the plan for the event about one month before the delegates and attendees are scheduled to arrive for registration and credentialing. For now, we can expect release of more definitive guidance on 4/20. Leading up to that, all options are being explored and preparations made to implement them.

As we adjust to the new normal over the next few weeks, we will be able to make informed decisions on which path to take.

Please, evaluate your individual situation and determine your own level of risk. Take necessary precautions to avoid exposing others.

Additional resources:
           
Austin COVID-19 Order 3/17/2020
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