Dear All,
The Chair has reviewed the proposed Policy Manual amendment regarding convention attire standards in light of the Libertarian Party Bylaws, Convention Special Rules of Order, and the parliamentary authority adopted by the Party.
The proposed amendment would authorize the Chair or an officer designee to “deny microphone privileges, voting privileges, or floor participation” to individuals not meeting specified attire standards. After review, I rule that the proposal, as written, is
substantially out of order to the extent that it attempts to impose binding participation restrictions upon convention delegates through a Policy Manual amendment.
Article 7, Section 1 provides that “The National Committee shall have control and management of all the affairs, properties and funds of the Party consistent with these bylaws.” This language grants the National Committee broad administrative authority over
Party affairs. However, that authority is expressly limited by the phrase “consistent with these bylaws.”
The bylaws separately establish the National Convention as the Party’s governing deliberative assembly. Article 10 comprehensively governs conventions, delegates, voting eligibility, and convention rules. Article 10, Section 2 provides that delegates “shall
be those so accredited who have registered at the convention.” Article 10, Section 3 grants affiliate parties authority to determine delegates pursuant to their own bylaws and Party rules. Article 5, Section 5 further provides that “The autonomy of the affiliate
and sub-affiliate parties shall not be abridged by the National Committee.”
The bylaws also expressly specify the requirements for admission to the convention hall. Article 10, Section 6(e) states that “All members must wear the identification badge issued upon registration in order to be admitted to the convention hall.” No additional
bylaw provision authorizes the National Committee to impose further mandatory conditions upon delegate voting rights, floor participation, or microphone access based upon attire.
Further, Article 10, Section 10 provides that “The Party’s convention special rules of order may be amended only by a regular convention.” The proposed amendment would create substantive convention participation rules governing floor access, debate participation,
microphone privileges, and voting eligibility. Those subjects fall within convention governance and parliamentary procedure rather than ordinary administrative management.
Article 16 adopts the current edition of Robert’s Rules of Order Newly Revised as the Party’s parliamentary authority except where inconsistent with the bylaws or adopted special rules. Under standard parliamentary principles, voting and participation rights
of credentialed delegates are core rights of the assembly and are not ordinarily subject to suspension absent explicit authority in governing documents or duly adopted rules of the assembly itself.
The bylaws further demonstrate that where the Party intended to authorize suspension or removal powers, such authority was expressly enumerated, including suspension of affiliate parties under Article 5, Section 6, suspension of officers under Article 6, Section
7, suspension of members-at-large under Article 7, Section 5, and suspension of presidential nominees under Article 14, Section 5. No comparable authority exists permitting denial of delegate participation rights based upon attire standards established solely
through Policy Manual action.
Accordingly, I rule that while the National Committee may adopt aspirational statements regarding professionalism, decorum, or recommended attire at Party functions, and may establish administrative standards applicable to staff, vendors, guests, contractors,
hospitality functions, or venue operations, it may not through Policy Manual amendment alone impose binding participation conditions upon credentialed convention delegates or authorize denial of voting rights, microphone privileges, or floor participation
absent authority granted by the bylaws, Convention Special Rules of Order, or rules duly adopted by the convention itself.
Therefore, the enforcement provisions contained within the proposed amendment are ruled out of order.
This ruling does not impair the ordinary authority of the Convention Chair under parliamentary authority to maintain decorum and address genuinely disruptive conduct during convention proceedings pursuant to adopted rules and parliamentary procedure.
This ruling also does not apply to the LNC passing PM amendments on decorum affecting this body and its meetings.
With that said, I expect you all to look sharp.