OUR CONSTITUTION AND BYLAWS
Article I: Name and Object
The name of this organization shall be the Libertarian Party of Orange County, Florida, hereinafter referred to as the LPOC.
The object and purpose of the LPOC is to engage in political action to defend and advance the cause of individual liberty and minimum government in Orange County, Florida.
The LPOC shall serve as the County Affiliate in Orange County for the Libertarian Party of Florida.
The LPOC adopts the Libertarian Party Statement of Principles as approved in 1974 as the philosophy upon which the Libertarian Party is founded, by which it shall be sustained, and through which liberty shall prevail.
The LPOC adopts the Constitution and Bylaws of the Libertarian Party of Florida as amended in 2018 as its basic guidance.
The LPOC Platform shall include, but not be limited to, the Libertarian Party Statement of Principles and the implementation of those principles in the form of planks. These planks shall provide explanation and guidance on how to apply the Statement of Principles to social and political action in Orange County, Florida. The initial planks shall consist of the Libertarian Party of Florida Platform as amended in May 2017.
If the Libertarian Party of Orange County, Florida is dissolved for any reason other than secession or dissolution of the Libertarian Party of Florida, all remaining funds shall be contributed to the Libertarian Party of Florida.
The LPOC may secede from the LPF with a three-fourths majority vote of all voting members. Upon passing a motion to secede, Article I Section IV, Section V, and Section VII are repealed and one of the following actions must be taken by majority vote:
- Motion to affiliate with another political party in Florida and take all actions necessary to comply with the new affiliation
- Motion to reorganize as the Orange County Voice of Liberty (or similarly named) political committee as prescribed in F.S. 106 and dispose of all remaining funds to the new political committee
- Motion to dissolve the Libertarian Party of Orange County, Florida and dispose of all remains funds to charity
If no other action is taken by the close of the meeting in which a secession motion passed, the Libertarian Party of Orange County, Florida shall be considered to have been dissolved and all remaining funds shall be disposed of to charity.
Article II: Membership and Dues
A regular member in the LPOC is defined as a person who signs the membership pledge “I hereby certify that I do not believe in or advocate the initiation of force as a means of achieving political or social goals” and supports Libertarian principles. Registered membership in the Libertarian Party of Florida is sufficient to qualify as signing this pledge. Regular members maintain their membership status for life unless explicitly revoked.
An active member is defined as any person who is a regular member and has attended attends 6 of the previous 12 or 4 of the previous 6 regular business meetings. An active member who does not maintain the required attendance shall automatically become a regular member. If any member provides good and sufficient reason for an absence from a business meeting, the absence may be excused by a two-thirds vote. Absences from special called meetings and absences incurred by public officials due to conducting official duties shall be automatically excused. Excused absences shall be treated as if the member were in attendance at the business meeting for the purposes of determining active membership status and for requirements of state law, but not for any other purpose, including but not limited to determining quorum, threshold for passing motions, etc.
A voting member is defined as any person who is an active member, is not a member of another political party, and resides, is employed, or attends school at a documented physical address in Orange County. A voting member who joins another political party or fails to maintain an Orange County qualifying address shall automatically become an active member.
Regular, active, or voting members may voluntarily choose to revoke their membership with a signed written statement.
In the American heritage of self-reliance and autonomy, the LPOC shall collect no membership dues or fees. The LPOC shall rely solely on donations, contributions, and proceeds for fund-raising activities.
Article III: Officers and Executive Committee
The officers of the LPOC consist of a Chair, a Vice-Chair, a Secretary, and a Treasurer. These persons will be members of the Executive Committee.
Committee chairs, whether elected or appointed, will be members of the Executive Committee.
Officers shall be elected for a term of one year by a majority vote of voting members present at the November meeting of each year.
Officers must be a voting member of LPOC, a registered Libertarian Party of Florida voter, a Libertarian Party of Florida member, and reside in Orange County. If an officer election is conducted and no qualified person is elected to that office, a motion to suspend the rules to waive officer eligibility requirements for that office for the duration of the term of office and reopen nominations for that office may be passed by a 2/3 vote. The requirement for an officer to be a registered Libertarian Party of Florida voter and member may not be waived.
The Chair shall preside over meetings.
The Vice-Chair shall perform the duties of the Chair in conjunction with, or in the absence of, the Chair.
The Secretary shall keep LPOC records including, but not limited to:
- Minutes of meetings
- Records of membership; and
- Official correspondence
The Secretary shall ensure members are informed of meetings and events. The Secretary shall perform the duties of the Chair in the absence of the Chair and the Vice-Chair.
The Treasurer shall be the Chief Financial Officer and shall receive, hold, disburse, and account for all funds under the direction of the Executive Committee. The Treasurer shall perform the duties of the Chair in the absence of the Chair, the Vice-Chair, and the Secretary.
Voting members of the LPOC may recall any Executive Committee officer with a two-thirds majority vote of the voting membership. The office shall be vacant after a recall motion passes.
Any Executive Committee member, whether elected or appointed, may resign from his or her position by submitting a written statement to the Executive Committee. The resignation shall be approved by a majority vote of voting members present at the next business meeting after the resignation is submitted. The position shall be vacant upon resignation as prescribed by state law.
Any Executive Committee member, whether elected or appointed, shall be deemed to have resigned from his or her position if verifiable evidence is submitted to the Executive Committee that the officer is no longer eligible for his or her position per to the requirements of the Constitution and Bylaws. The officer shall be provided the right to dispute the provided evidence in writing and in person if desired. The resignation shall be approved by a majority vote of voting members present at the next business meeting after the verifiable information of loss of eligibility is submitted. The office shall be vacant after an approval of resignation motion passes.
Upon vacancy of an elected Executive Committee position for any reason, a special election for that position shall be scheduled with the same requirements as the regular annual election for that position. The special election shall be held on the next business meeting that occurs at least 72 hours after the vacancy is recorded. Public notice of the special election for the vacant position shall be provided at least 72 hours prior to the business meeting conducting the election. The person elected by the special election shall serve the remainder of the unexpired term until the next regular annual election for the position. No special election shall be held if the regular annual election would occur concurrently with or prior to the special election.
The Chair shall have the authority to appoint interim officers for any vacant officer positions prior to a scheduled special election as necessary to meet the requirements of law. If the Chair is vacant, then the first eligible individual who accepts the position shall become the interim Chair, temporarily vacating their previous position (if any), and shall appoint interim officers for all vacant positions. The line of succession of eligibility for interim Chair is as follows:
- Earliest registered voting member, sorted alphabetically by surname if multiple such members exist
- Earliest registered regular member, sorted alphabetically by surname if multiple such members exist
Once a special election is held to fill the vacant office, interim officers shall be removed from their interim office and restored to their previous office, if any.
Article IV: Conducting Business
The Bylaws shall specify the standing committees and prescribe their duties and membership requirements.
The Executive Committee shall conduct regular business meetings no less frequently than quarterly as prescribed in the Bylaws.
The Bylaws shall prescribe voting eligibility for party business, including quorum requirements and the method and conditions under which proxy voting is allowed, provided that the fundamental right of all voting members to meaningfully participate in party business is preserved.
Robert’s Rules of Order, Newly Revised (11th Edition) shall be the parliamentary authority for all matters of procedure not specifically covered by the Constitution and Bylaws.
The Bylaws shall be subordinate to the Constitution. If two sections in the Constitution or two sections of the Bylaws conflict, the newest section shall be subordinate to the oldest section. Any other written rules or policies shall be subordinate to the Constitution, the Bylaws, and Robert’s Rules of Order. In any conflict, the subordinate conflicting terms shall be severed and considered unenforceable.
If any term of this Constitution or any subordinate document is to any extent illegal, invalid, or incapable of being enforced, such term shall be excluded to the extent of such illegality, invalidity, or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible the illegal, invalid, or unenforceable term shall be deemed replaced by a term stated or implied by the adopted parliamentary authority that is legal, valid, and enforceable and that comes closest to expressing the intention of such illegal, invalid, or unenforceable term.
Article V: Adoption and Amendments
The Constitution and By-Laws shall be adopted by a three-fourths vote of the voting membership.
Amendments to this Constitution and the Platform shall be made by a three-fourths vote of the voting membership.
Amendments to the Constitution, By-Laws, and Platform must be brought up for consideration at the previous business meeting.
Article I: Meetings
The LPOC shall hold a regular business meeting each month at a time and place to be publicly announced on its public and functional website at least 72 hours prior to said meeting.
A quorum, necessary to conduct any and all business at the monthly business meeting, will consist of 25% of all voting members and/or three quarters of the Executive Committee.
Special business meetings may be called in addition to the regular meetings with the same requirements. Special business meetings may be conducted electronically or by telephone.
Only voting members will be eligible to vote for LPOC party officers and on other LPOC business.
Proxy voting shall be allowed, provided a voting member’s written (email permitted) notice of proxy for a specific meeting is received by both the Secretary and the Chair no later than 24 hours prior to that meeting. The member may designate a directed proxy to cast a specified vote for one or more specific question(s) or may designate an undirected proxy to vote at his or her own discretion on behalf of the member for the entire meeting. The Secretary will announce all proxies after the meeting is called to order. The presence of the member at a meeting or the designated proxy declining to accept the designation will invalidate that member’s proxy. A directed proxy must accept the designation for all specified questions or decline the designation for all specified questions. If not declined, a directed proxy must cast the vote as specified by the member on each specified question, and all other votes not specified shall be counted as an abstention by the member. A valid proxy shall count as attendance for purposes of establishing a quorum, but shall not count as attendance for any other purpose such as maintaining voting membership. Only voting members in good standing may serve as proxies and no member may serve as proxy for more than one other member.
Motions that authorize expenditure of funds shall include a statement of the maximum direct financial liability incurred if the motion were to pass. If the financial liability is unknown or unable to be calculated, then the motion shall include a statement that the financial liability is unknown and therefore unbounded.
Article II: Standing Committees
There will be the following standing committees: Finance, Communications, Membership, Bylaws, and Platform.
The Chair may appoint any person who is a registered Libertarian Party of Florida voter and Libertarian Party of Florida member to serve as a committee chair subject to a majority confirmation vote if the appointee is an LPOC voting member or a 2/3 confirmation vote otherwise.
The Vice-Chair shall be a member of the Membership Committee and the Platform Committee. The Treasurer shall be a member of the Finance Committee. The Secretary shall be a member of the Communications Committee. The Chair shall be a member of the Bylaws Committee.
Special committees may be created by majority vote for a specific purpose. Special committees shall conduct business in accordance that purpose and dissolve with a final report at the next annual business meeting or an earlier date as specified in the authorizing motion. Unless otherwise specified in the authorizing motion or in these Bylaws, special committees shall have the same duties, requirements, and privileges as standing committees.
Article III: Candidates
LPOC may endorse any political candidate for public office that is a registered Libertarian Party of Florida (LPF) voter or a No Party Affiliation (NPA) voter by majority vote. Any political candidate that is a registered voter of any other political party may be endorsed with a 3/4 vote for nonpartisan races only. No political candidate may be endorsed for a partisan race prior to the determination of the Libertarian Party of Florida party nominee, if any. A political candidate that is not a registered Libertarian Party of Florida voter shall not be endorsed if that candidate is running against a candidate who is a registered Libertarian Party of Florida voter.
LPOC shall not endorse any candidates for internal party office including but not limited to any county executive committee, state executive committee, or Libertarian National Committee member. Individual members of LPOC may make personal endorsements for these party offices using their party titles, if any, so long as the endorsement is not portrayed as being from LPOC as an organization.
Financial and in-kind contributions to candidates and independent expenditures to support candidates using LPOC funds may only be authorized for candidates that have been endorsed by LPOC. Non-financial support including but not limited to sharing social media posts and events, giving a platform to speak at meetings, and any other activity approved by the Executive Committee is permitted for any candidate so long as the candidate is not incorrectly portrayed as being endorsed by LPOC, except as otherwise prohibited by Florida Statute.
No LPOC Executive Committee member shall publicly endorse, campaign for, or promote any political candidate for public office using an LPOC title or the LPOC branding or identity unless that candidate has been endorsed by LPOC. Executive Committee members shall otherwise not be restricted in personal support for any political candidate in any way.
LPOC shall make party nominations to public office when required by law. Upon notice of a requirement to make a party nomination, at the next regular or special business meeting any LPOC voting member may nominate any qualified Libertarian Party of Florida voter to the specified public office. The nominee that is elected by a majority of voting members present shall become the party nominee for the office.
Amendments to the Constitution, By-Laws, and Platform must be brought up for consideration at the previous business meeting.
Notes and References
This section is not part of the official text of the constitution and bylaws. It provides additional context and information.
Amendments – this text shows the bylaws as amended June 20, 2017.
The following sets of edits were applied on June 20, 2017:
- Proposed Bylaws Amendment 2017-05 Platform – adoption of LP Statement of Principles and LPF Platform as initial LPOC Platform, rules to amend platform, and creation of a standing Platform Committee
The following sets of edits were applied on March 15, 2017:
- Proposed Bylaws Amendments 2017-02 Special Election – rules for officer vacancies, recalls, special elections, and order of succession for interim officers
The following sets of edits were applied on January 18, 2017:
- Proposed Bylaws Amendments 2016-12 – editorial cleanup, add meeting public notice requirement, clarify mission
- Proposed Bylaws Amendments 2016-12 Membership – clarify membership requirements, allow non-residents to vote if they work or study in Orange County
The following sets of edits were applied on February 20, 2018:
- Bylaws Amendment 2017-12 Proxy Voting – define rules for proxy voting
The following sets of edits were applied on January 15, 2019:
- Constitution and By-Laws Amendment – Motion 19-004 Fix Subordination – reorganize the constitution and bylaws to ensure sections had proper precedence and subordination, clarify result of secession, clarify that all EC members not just officers may be recalled or otherwise removed, require voted approval for Chair appointment and removal of committee chairs
The following sets of edits were applied on February 19, 2019:
- Constitution and By-Laws Amendment – Motion 19-006 Excused Absences – defining a standard process for excusing absences for good reason and when required by law
The following sets of edits were applied on May 21, 2019:
The follow sets of edits were applied on August 18th, 2020: