The Chair's ruling was:
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Your point is well taken, the bylaws only state that an individual must donate to the LNC for qualification as a sustaining member. There is no codified clause that differentiates a donation from a
contribution. (meaning in the bylaws)
While traditionally, contributions for merchandise, events, and convention expenses may not have gone towards sustaining membership, there is nothing that supports this within our governing documents, nor in any FEC or IRS guidance I could find.
Meaning, that since Mr. Vinson had contributed towards events within the period of his membership, that membership had extended an additional 12-months from that date. Meaning, there was never a lapse in Mr. Vinson's membership, therefore, he maintains his
seat.
Provided that an individual contributes to the LNC in any capacity, and signs the non-aggression pledge, they become a sustaining member.
The LNC may make exceptions to Lifetime Memberships, etc, as we control membership tiers not defined in the Bylaws.
Therefore, my motion to appoint Mr. Vinson is out of order, and he retains his seat as a National Committee member.
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Further, the ballot for the appeal of the ruling of the Chair was: "on chair's ruling that
all donations and contributions to the LNC count towards membership".
We were interpreting the bylaws themselves to say that all contributions count toward membership.
The question was not "What does the policy manual say? Oh, golly, it's silent." - the PM is beside the point. The question was on what the bylaws themselves say, and the body just said the bylaws include
all contributions.
The bylaws defer to the LNC in defining lifetime membership. However, they are clear in regards to sustaining membership - that sustaining members are:
Signed the pledge + (are lifetime members or have donated $25 in the last 12 months)
There's nothing in the bylaws that defers to the LNC-created policy manual on this matter.
The Chair's ruling says that donations include all contributions. He flat-out said that signing the pledge and contributing "to the LNC in any capacity" means they're a sustaining member.
There was no clause saying "unless otherwise defined in the PM."
Can we rule that the bylaws themselves say one thing, but then pass a PM amendment countering that?
It seems to me, the better path would be:
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Reconsider the appeal
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Overturning it would mean that "donation" excludes goods and services
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Then pass the PM amendment to clarify, and also move to clarify the bylaws at convention
That way we're not ruling that the bylaws say hats can pay for memberships, and then immediately offering a PM amendment saying they cannot.
Keith Thompson
Region 3 South Rep