Constitution and By-Laws Amendment – Motion 19-004 Fix Subordination 

Constitution 

Article I: Name and Object 

Section I 

The name of this organization shall be the Libertarian Party of Orange County, Florida, hereinafter referred to as the LPOC. 

Section II 

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. 

Section III 

The LPOC shall serve as the County Affiliate in Orange County for the Libertarian Party of Florida. 

Section IV 

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. 

Section V (Moved from Bylaws Article I Section I) 

The LPOC shall adopts the Constitution and Bylaws of the Libertarian Party of Florida as amended in 2018 as its basic guidance. 

Section V Section VI 

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. 

Section VII (New Section) 

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. 

Section VIII (Moved from Bylaws Article II Section II) 

The LPOC may secede from the LPF with a two-thirds three-fourths majority vote of all voting members. Upon passing a motion to secede, Article I Section IV, Section V, and Section VII are are repealed and one of the following actions must be taken by majority vote: 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 

Section I 

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. 

Section II 

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 business meetings. An active member who does not maintain the required attendance shall automatically become a regular member. 

Section III 

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. 

Section IV 

Regular, active, or voting members may voluntarily choose to revoke their membership with a signed written statement. 

Section V 

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 

Section I 

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. 

Section II 

Committee chairs, whether elected or appointed, will be members of the Executive Committee. 

Section III 

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. 

Section IV 

Officers must be a voting member of LPOC, a registered member of the Libertarian Party of Florida, and reside in Orange County. 

Section V 

The Chair shall preside over meetings. 

Section VI 

The Vice-Chair shall perform the duties of the Chair in conjunction with, or in the absence of, the Chair. 

Section VII 

The Secretary shall keep LPOC records including, but not limited to: 

  1. Minutes of meetings 
  1. Records of membership; and 
  1. 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. 

Section VIII 

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. 

Section IX 

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. 

Section X 

Any officer 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 office position shall be vacant upon resignation as prescribed by state law after an approval of resignation motion passes. 

Section XI 

Any officer 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. 

Section XII 

Upon vacancy of an elected officer Executive Committee position for any reason, a special election for that officer position shall be scheduled with the same requirements as the regular annual election for that position office. 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 officer person elected by the special election shall serve the remainder of the unexpired term until the next regular annual election for the position office. No special election shall be held if the regular annual election would occur concurrently with or prior to the special election.  

Section XIII 

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: 

  • Vice-Chair 
  • Secretary 
  • Treasurer 
  • 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 (New Article) 

Section I  (New Section) 

The Bylaws shall specify the standing committees and prescribe their duties and membership requirements. 

Section II  (New Section) 

The Executive Committee shall conduct regular business meetings no less frequently than quarterly as prescribed in the Bylaws. 

Section III (New Section) 

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. 

Section IV (Moved from Bylaws Article I Section V) 

Robert’s Rules of Order, Newly Revised (11th Edition) shall be the parliamentary authority for all matters of procedure not specifically covered by these the Constitution and Bylaws. 

Section V (New Section) 

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. 

Section VI (New Section) 

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 IV: Article V: Adoption and Amendments 

Section I 

The Constitution and By-Laws shall be adopted by a three-fourths vote of the voting membership. 

Section II 

Amendments to this Constitution and the Platform shall be made by a three-fourths vote of the voting membership. 

Section III 

Amendments to the Constitution, By-Laws, and Platform must be brought up for consideration at the previous business meeting. 

 Article V: Standing Committees (Moved to replace Bylaws Article II) 

Section I 

There will be the following standing committees: Finance, Communications, Membership, Bylaws, and Platform. 

Section II 

Committee chairs shall be appointed by the Chair to serve at his/her discretion. The chair shall be a member ex-officio of all committees. 

Section III 

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. 

By-Laws 

Article I: Meetings 

Section I  (Moved to Constitution Article I Section V) 

The LPOC shall adopt the Constitution and Bylaws of the Libertarian Party of Florida as its basic guidance. 

Section II  Section I 

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. 

Section III Section II 

Only voting members will be eligible to vote for LPOC party officers and on other LPOC business. 

Section IV Section III 

Per state law, proxy 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. 

Section V  (Moved to Constitution Article IV Section IV) 

Robert’s Rules of Order, Newly Revised (11th Edition) shall be the parliamentary authority for all matters of procedure not specifically covered by these Bylaws. 

Article II: Suspension and Secession (Deleted) 

Section I (Deleted) 

The LPOC may suspend and/or reinstate the LPF Constitution, the LPOC Constitution, and/or Robert’s Rules of Order by a majority vote of two-thirds of voting members present, with a quorum of three-fourths of all voting members. 

Section II  (Moved to Constitution Article I Section VIII) 

The LPOC may secede from the LPF with a two-thirds majority vote of all voting members. 

 Article II: Standing Committees (Moved from Constitution Article IV) 

Section I 

There will be the following standing committees: Finance, Communications, Membership, Bylaws, and Platform. 

Section II 

Committee chairs shall be appointed by the Chair and confirmed by majority vote.  to serve at his/her discretion. The chair shall be a member ex-officio of all committees. 

Section III 

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. 

Section IV (New Section) 

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. 

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: 

The following sets of edits were applied on March 15, 2017: 

The following sets of edits were applied on January 18, 2017: 

The following sets of edits were applied on February 20, 2018: