Attorney Paul Rossi Resents & Rejects Criticisms Of His Legal Competency Regarding The Dismissal Of The Johnson Campaign's Petition For Costs And Attorney Fees Against The Pennsylvania Republican Party

In a letter to the Libertarian Party of Pennsylvania dated June 4, 2013, Paul Rossi, the attorney who helped the party successfully defeat GOP challenges to its submitted nomination papers to get Gary Johnson and its statewide candidates on the ballot in 2012, explained the rationale of Judge Colins in denying the Johnson campaign's petition for costs and attorney fees, and defending the timing of the filed petition.

Mr. Rossi also blasted LPPA party members who questioned his legal competence on social media sites, saying, in part:

I resent and reject any criticism from any member of your party that alleges that the motion should have or could have been filed any sooner than it was actually filed. Those individuals merely demonstrate that they lack the legal training sufficient to understand the legal basis and rationale under which the motion was filed with the Court. Furthermore, I would point out that many of these individuals were largely non-existent in August, September and October, and certainly were of no help to complete the post-petition audit sooner than it was able to be completed. I would also respectfully suggest that the legal success that I was able to secure for your party in both the Commonwealth and Supreme Courts in 2012 ought to have entitled me to a phone call from these party members to discuss Judge Colin's decision before they decided to engage in defamatory speech against my representation of a client in which they had no direct interest, nor were privy to the confidential discussion of legal issues and tactics sufficient for them to form an opinion based on facts.

The entirety of the portion of the letter dealing with "The National Campaign's Motion for Costs and Attorney Fees" is as follows:

"As you are aware, the national campaign decided in late 2012 to seek costs and fees from the Pennsylvania Republican Party based on information developed after an extensive (and time consuming) audit of the available work papers generated during the court-ordered review of your 2012 nomination papers. As you are also aware, Judge Colins denied the national campaign's motion. Subsequent media reporting of Judge Colins' decision was scant and abbreviated. As a result, the precise nature of Judge Colins' decision has not been properly presented to your membership. I want to address and clarify a few of the misconceptions that have, apparently, arisen as a result of the poor quality of the media coverage of Judge Colins' decision.

* The decision to seek costs and fees from the GOP was a decision taken by the national campaign committee. My client was the national campaign, not the state party. Accordingly, no officer, or any other member of the state party bears responsibility for the decision or the time table to file the fee petition against the GOP.

* The legal foundation for the fee petition was based on an extensive audit of the available work papers generated during the signature review process. The audit, begun on October 12, 2012, lasted 2 1/2 months and required over 400 hours to complete. The audit encompassed a review and comparison of over 375,000 different data points and uncovered systemic GOP violation of Judge Colins' own order detailing certain conduct expected of both parties during the signature review process. In short, the audit uncovered conclusive evidence that the GOP intentionally manipulated the daily reporting of signature review totals by improperly depressing the total number of valid and unchallenged signatures on a daily basis.

* The GOP's manipulation of early data was clearly done to impose the maximum amount of pressure on Libertarian candidates to withdraw their nomination papers to avoid the explicit GOP threat to seek the imposition of their costs and attorney fees against your party in the event the Court rejected your 2012 nomination papers.

* I volunteered/donated over 400 hours of my time to complete the audit for the national campaign committee. Due to the large amount of data that had to be reviewed and the complete lack of financial resources to hire an accounting firm to do the audit for the campaign committee, I was not able to complete the audit until mid-December, at which point I immediately (i.e. the very next day) filed our petition for costs and fees with Commonwealth Court.

On this point, given the large number of hours that I donated to your party to help establish if there was a proper basis to file a motion for costs and fees against the GOP, I resent and reject any criticism from any member of your party that alleges that the motion should have or could have been filed any sooner than it was actually filed. Those individuals merely demonstrate that they lack the legal training sufficient to understand the legal basis and rationale under which the motion was filed with the Court. Furthermore, I would point out that many of these individuals were largely non-existent in August, September and October, and certainly were of no help to complete the post-petition audit sooner than it was able to be completed. I would also respectfully suggest that the legal success that I was able to secure for your party in both the Commonwealth and Supreme Courts in 2012 ought to have entitled me to a phone call from these party members to discuss Judge Colin's decision before they decided to engage in defamatory speech against my representation of a client in which they had no direct interest, nor were privy to the confidential discussion of legal issues and tactics sufficient for them to form an opinion based on facts.

* Because the GOP's bad-faith conduct was intentionally hidden from both the Libertarian Party and the Court, the systemic nature of the bad-faith conduct was not, and could not have been, discovered except upon completion of the post-petition audit of the many documents generated during the review of your nomination papers. Accordingly, the national campaign could not have filed the motion for costs and fees until after the national campaign had good-faith evidence of the GOP's vexatious conduct which was established only in late-December, 2012.

* The national campaign's motion for costs and attorney fees was filed pursuant to the "discovery rule" of the "doctrine of equitable tolling" which provides that any deadline to file a claim with a court does not begin to run until after the injured party has discovered the legal basis to file a claim.

For instance, if you discover that your neighbor poisoned your well water 5 years ago, the two year deadline to file a lawsuit against your neighbor does not start to run until after you discover the facts necessary to support a lawsuit against your neighbor. The national campaign properly argued that because the GOP intentionally hid their bad-faith conduct from the Libertarian Party, their systemic conduct could not have been reasonably discovered until December 2012, and, therefore, their motion for costs and fees was timely filed with Commonwealth Court. Accordingly, contrary to the AP story, the national campaign did not file their motion in violation of any established deadline.

Furthermore, Rule 2751 of the Pennsylvania Rules of Appellate Procedure (the Rules that govern litigation procedure in Pennsylvania Commonwealth Court) does not impose a specific deadline to file a motion for costs and/or attorney fees in Commonwealth Court. Instead, the Rules impose a duty on a party seeking the imposition of costs and/or attorney fees against an opposing party to file the motion "before the record is remanded, unless the appellate court, for cause shown, shall otherwise direct." Since the challenge to your nomination papers was filed directly with Commonwealth Court, there was no other court to which the record could be remanded, and therefore, there was no effective deadline imposed by Rile 2751 for the national campaign to file a motion for costs and/or fees in this case.

* Judge Colins also expressly noted in his opinion that Section 5505 of the Pennsylvania Judicial Code (the statutory provision under which we sought attorney fees) does not impose any deadline to file a petition for attorney fees as a sanction for bad-faith conduct. Judge Colins further explained that there is also no case law that imposed any deadline to file a fee petition under Section 5505 of the Judicial Code. Accordingly, the decision by the national campaign committee to file a petition for costs and attorney fees was not made beyond any established statutory deadline.

* In fact, in response to the fee petition, and recognizing the strength of our legal arguments, the GOP made a financial offer to settle the litigation. The decision was made by the national campaign that our legal position was strong enough to reject the GOP's financial offer and to seek the full amount of costs and fees demanded by the petition.

* Instead, Judge Colins denied our fee petition based in large part on his determination that because both sides had worked diligently toward resolving the status of contested signatures, the GOP's conduct did not rise to the level of bad faith sufficient to warrant the imposition of costs and fees (a legal determination with which I do not agree). Specifically, the Court explained:

Objectors (the GOP) did challenge over 10,000 signatures that were in fact valid and not the subject of any legal dispute and erroneously contested over 2,000 valid signatures in the initial round of signature review  and  stipulation. Although  the  large  number  of  erroneous challenges  is  disturbing,  it  does  not  by  itself  show  bad  faith  by Objectors where Objectors also affirmatively cooperated to resolve the validity disputes by stipulation and there was a substantial amount of error on both sides.  Candidates submitted over 24,000 signatures that they  ultimately stipulated  invalid,  and Candidates’  reviewers  in  the initial round of signature review refused to stipulate to the invalidity of over  6,000  signatures  that  their  attorney  later  agreed  could  be stricken.  While the Court recognizes that Candidates had reason to be willing to strike contested signatures to expedite the resolution of the ballot challenge because they did not need those signatures, it cannot be said that Objectors’ initial contentions on signature validity were less accurate than Candidates’ positions or that Objectors’ initial reviewers acted significantly differently from Candidates’ initial reviewers.  Given the closeness of the margin of valid signatures here in comparison to the number of signatures required and submitted, coupled with the professionalism and cooperation by Objectors, as well as Candidates, in resolving tens of thousands of signature disputes by stipulation, neither costs nor attorney fees in defending the Petition to Set Aside as a whole are warranted.

In other words, part of the reason that Judge Colins rejected the national campaign's motion for costs and fees was based, in part, on the fact that the Libertarian candidates submitted so many invalid signatures that the scales of justice balanced out such that the GOP's conduct was no worse than that of the Libertarian Party's conduct.

Judge Colins rejected our "equitable tolling" argument in support of the motion's timeliness based on his analysis that because we were aware of certain instances of GOP errors during the signature review that we were on sufficient notice of the GOP's conduct to have filed a fee petition earlier than late-December. In short, Judge Colins determined, in his mind, that we simply should have filed sooner than we did and that the national campaign had "sat" on their claims for too long - a novel standard that flatly ignores the fact that the GOP intentionally hid their conduct from both the Court and the Libertarian Party, and the 2 1/2 months that it took to uncover their bad faith was necessary for the national campaign to ethically file, in good faith, the petition for costs and fees.

At the outset, the national campaign committee understood that it would be very difficult to secure an award of costs and fees against the GOP because Judge Colins had openly complimented, in written opinions, legal counsel for both the Libertarians and the GOP. We had the difficult hurdle of trying to convince Judge Colins to publicly reverse his prior glowing characterizations of both litigation teams involved in the 2012 challenge to your nomination papers.

While the primary goal of the petition for costs and fees was to financially punish the GOP for its conduct during their challenge to your 2012 nomination papers, a secondary goal was to place the GOP on notice that they too can be threatened with the imposition of costs and attorney fees if and when their challenge to your nomination papers fail in the future. This initial salvo against the GOP will be aggressively reinforced the next time they seek to challenge your nomination papers. In fact, the new First Amendment litigation that the Board has authorized is part of a broader litigation strategy to deprive the GOP of easy challenges to your nomination papers and to make it easier for the Libertarians to establish the GOP's bad faith conduct if they insist on making challenges in the future without a proper good faith basis."

Attorney Paul Rossi Strongly Encourages The LPPA To Actively Campaign Against GOP Nominee Vic Stabile For Superior Court Judge

In a letter dated June 4, 2013 to the Libertarian Party of Pennsylvania, Paul Rossi, the attorney who helped the party successfully defeat GOP challenges to its submitted petitions to get Gary Johnson and its statewide candidates on the ballot in 2012, has strongly encouraged the LPPA to "actively campaign against the election of Mr. Stabile" for the vacant seat on the Superior Court.

In an indictment of the character and impartiality of Vic Stabile, Paul Rossi, a registered Republican, said, "Mr. Stabile is a GOP political hack who lacks the judicial temperament to be a judge on the Superior Court. Furthermore, he will not be an impartial judge. Mr. Stabile will be very biased in favor of any legal position advocated by the GOP."

Paul Rossi's complete statement on the issue was the following:

Vic Stabile is the GOP nominee for the vacant seat on the Superior Court to be decided in the 2013 general election. Vic Stabile was one of the GOP attorneys fighting to remove your candidates from the 2012 general election ballot. In fact, he is the attorney that became very aggressive toward one of your reviewers when he refused to rush through the signature review process; an agitated Mr. Stabile actually puffed out his chest and moved in a physically aggressive manner toward your reviewer. the Court bailiff had to step in to prevent Mr. Stabile from taking any further aggressive actions against your reviewer.

Mr. Stabile is a GOP political hack who lacks the judicial temperament to be a judge on the Superior Court. Furthermore, he will not be an impartial judge. Mr. Stabile will be very biased in favor of any legal position advocated by the GOP.

I would strongly encourage the LPPA to actively campaign against the election of Mr. Stabile in November.

Dr. Tom Stevens, Immediate Past Chair of the Libertarian Party of Pennsylvania, stated:

It is extremely important for the LPPA to field its own Libertarian Party judicial candidate for the vacant seat on the Superior Court that will be filled this year. In that way, our candidate can point out our party's experience in dealing with Vic Stabile and use the opportunity to call for ballot access reform. 

The Libertarian Party of Pennsylvania is a political party and we must recruit and run Libertarian Party candidates for public office. The party must work hard to recruit libertarians willing to put in the time, effort and money necessary to get elected. At the very least, the party has the responsibility to field Libertarian Party candidates who can intelligently and persuasively set forth libertarian solutions to the very real problems faced by our state and nation. 

I fear that those anarchist "Vote for Nobody" types who currently hold influence in the party, aided by those who sometimes appear to be acting in the best interests of the Republican Party instead of the Libertarian Party, will make sure the Libertarian Party nominates no one for the vacant seat on the Superior Court, and if they do nominate someone, you can be sure they will not put in the effort to get that candidate on the ballot this November. Heed my warning. Mark my words. I doubt I am wrong. See for yourself in the coming months. 

Dr. Tom Stevens served as State Chair of the Libertarian Party of Pennsylvania from April 22, 2012 to April 5, 2013.

Attorney Paul Rossi Warns LPPA Of GOP Operatives Sent To Cause Internal Strife In Advance Of 2014 Gubernatorial Race

In 2012, the Libertarian Party of Pennsylvania pulled off what has been called the "Pennsylvania Miracle" when it defeated GOP challenges to its filed petitions seeking to place Gary Johnson and other statewide Libertarian Party candidates on the ballot in November. It took 84 volunteers, 9 weeks of work and a number of Court challenges to obtain this extraordinary victory.

Richard Winger of Ballot Access News described this victory as follows:

Tom Stevens led the Pennsylvania Libertarian Party to the greatest ballot access victory in the state party's history. The Pennsylvania Libertarian Party's 2012 ballot access victory was the first time any statewide minor party or independent candidate for statewide office has ever defeated a challenge backed by one of the two major parties.

Immediately after the November election, Dr. Tom Stevens, LPPA State Chair at the time, began a push to recruit at least 40 candidates to run for elective office in 2013 and as many, or more, to run in 2014. He also began a candidate search to find the strongest possible gubernatorial candidate to run in 2014. These efforts were widely reported. Many new County Organizations were organized and membership in the state party almost doubled in the months that followed. Then came unrelenting personal attacks against Dr. Stevens by former Republican Party members who came to the LP under suspicious circumstances and who joined efforts with others who didn't gather petition signatures in 2012, didn't volunteer one day to help in the petition defense against the GOP challenge, didn't support Gary Johnson for President or the other statewide LP candidates and a number of whom actually encouraged people to Vote For Nobody. These daily personal attacks were disseminated widely resulting in much internal strife within the party. Many LPPA members resigned or left the party completely and others were simply disgusted.

Dr. Stevens shouted from the mountaintops he had received confirmation from GOP sources that the Corbett Campaign and the GOP had made a decision to send GOP operatives into the LPPA to degrade its ability to obtain sufficient petition signatures to place a gubernatorial candidate on the ballot in 2014. Those operatives had two goals. Take down Tom Stevens, viewed by many as the Iron Man who rallied the troops in defense of the GOP petition challenge in 2012, and to cause enough internal strife so the party would be so weakened it would not be able to gather enough valid petition signatures to place a gubernatorial candidate on the ballot in 2014. The discord created had its predictable effect and many good people left. The unity of the party was destroyed.

Paul Rossi, the attorney who represented the Libertarian Party in the defense of its petitions against the GOP challenge in 2012, sent a letter dated June 4, 2013 to the members of the Board of Directors of the Libertarian Party of Pennsylvania. That letter covers many topics but Section IV entitled GOP Campaign To Disrupt "Third Party" Gubernatorial Aspirations backed up much of what Dr. Tom Stevens, former LPPA State Chair, had warned about. That section, in its entirety, reads as follows:

Trusted Republican operatives have reported that the Corbett campaign is engaged in an ongoing and current effort to discourage the Libertarian and Constitution parties from supporting gubernatorial candidates in 2014.

In May of 2012, the Corbett campaign commissioned an internal poll to gauge the damage the firing and subsequent death of Joe Paterno caused to Corbett’s re-election effort. According to my friends in the Republican establishment, the poll commissioned by the Corbett campaign convinced Corbett’s top campaign managers that Corbett cannot win re-election if a Libertarian candidate (and to a lesser extent, a Constitution candidate) is placed on the 2014 general election ballot.

Obviously, turnout of your voter registration base for a Libertarian candidate does not threaten Tom Corbett with electoral ruin. In any normal year, the GOP would consider a Libertarian candidate a mere nuisance in a statewide election contest. However, the Corbett campaign is very worried that the GOP base in both Central Pennsylvania and Happy Valley is sufficiently angry over Paterno’s firing that they may be willing to cast votes against Corbett by voting for a Libertarian candidate. Certain GOP voters who are unlikely to vote for a Left-Wing Democratic ghoul are, nevertheless, sufficiently angry at Corbett to vote Libertarian in 2014. Furthermore, owing to the GOP’s recent failure to successfully challenge your nomination papers, the Corbett campaign seems more willing to take immediate pro-active measures to interfere with your ability and/or willingness to support a 2014 gubernatorial campaign.

Moving forward, you should be on alert and guard yourselves against unknown individuals who seek to implicate themselves into Libertarian politics who may have a hidden agenda contrary to the interests of Pennsylvania Libertarians. The Corbett campaign is very sophisticated and well-funded - they have staffers to spare to conjure political mischief. The Corbett campaign has at its disposal a quiver of dirty tactics that could be brought to bear against your party. Please be vigilant.

Matthew Kelly, Membership Committee Chair of the Libertarian Party of Pennsylvania, commented on Rossi's warning as follows:

"Anyone who has been active in the Libertarian Party of Pennsylvania during the past six (6) months, is well aware of who has worked hard to recruit new members and candidates, to organize new county organizations, to work on promoting a libertarian agenda in public policy and who has spend every hour of their waking time tearing down the party, attacking people personally, and undermining the reputation of hard-working libertarians who have volunteered years of their life to promote the Libertarian Party. Unfortunately, the slash-and-burn agenda of those committed to causing long term harm to the LPPA is not at first obvious to the politically unseasoned, many of whom have been newly recruited to the LPPA.

Roy Minet, who along with Dr. Tom Stevens and John Karr, were called Libertarian Ballot Access Heroes by LP News, is running for State Chair at the LPPA Annual Convention scheduled to be held on June 8, 2013 in Harrisburg, Pennsylvania. I fully endorse Roy Minet for State Chair and feel he is the best person left to clean out the party of those who seek to undermine our mission. Unfortunately, in light of developing circumstances including who is hosting the convention, running the convention and credentialing delegates as well as the large number of party members who have publicly announced they will not be attending the convention, it may be too late to prevent the takeover by those who Rossi describes as those who may have a hidden agenda contrary to the interests of Pennsylvania Libertarians."

Applause! Applause! Review of Les Miserables at Cultural Arts Playhouse by Dr. Thomas Robert Stevens

This review of Les Miserables performed at the Cultural Arts Playhouse was written by Dr. Thomas Robert Stevens and published in Volume X, Issue 3 (2013) of the online edition of Applause! Applause!

Les Miserables

Cultural Arts Playhouse (625 Old Country Road, Plainview, NY)

Reviewed 6/1/13

Les Miserables is a musical based on the novel of the same name by French poet and playwright Victor Hugo. The book was first published in 1862 and is considered one of the greatest novels of the 19th century. The musical has music by Claude-Michel Schonberg, book by Alain Bouhlil and Claude-Michel Schonberg with an English language libretto by Herbert Kretzmer. The original Broadway production opened on March 12, 1987 and ran until May 18, 2003, closing after 6,680 performances. The show was nominated for 12 Tony Awards and won eight, including Best Musical and Best Original Score. 

This crowd-pleasing production of Les Miserables features a very talented cast and gives you more than your money's worth. I highly recommend it. Mike Newman's strong performance as Javert was the anchor of this production for the Law & Order side while Jordan Korgood did an extraordinary job playing Gavroche, the streetwise urchin who speaks for the poor and dies on the barricade helping the revolutionaries.  A fun fact is that in the novel, Gavroche is actually the abandoned son of the Thenardiers though this is not mentioned in the musical.  Monsieur & Madam Thenardier are thieves who run a small inn. They were bringing up Cosette until Jean Valjean rescues her. I was blown away with the performance of Madelin Dezego as Madam Thenardier. She has a powerful stage presence and is very charismatic. Both Ms. Dezego and Dan Ferrante, who played Jean Valjean, were understudies but you couldn't tell that watching them perform.

Michael Marmann and Ashley Nicasto, the King & Queen of the Cultural Arts Playhouse, play Marius Pontmercy and Cosette, respectively. Both live up to their reputation as highly talented rising stars. Jesse Pimpanella was stronger than I remember him in the role of Enjolras. Hilary Weinerman as Eponine and Sarah Berger as Fantine both put in solid performances. Jared Grossman, who usually plays bit parts, was able to shine in the role of Feuilly.  Similarly, Joseph "Jojo" Minasi made a significant contribution to the show as Joly. All the remaining actors were talented and impressive. None disappoint.

In explaining his ambitions for Les Miserables to his Italian publisher, Victor Hugo said, in part: "Social problems go beyond frontiers. Humankind's wounds, those huge sores that litter the world, do not stop at the blue and red lines drawn on maps. Wherever men go in ignorance or despair, wherever women sell themselves for bread, wherever children lack a book to learn from or a warm hearth, Les Miserables knocks at the door and says: 'open up, I am here for you'."

Don't miss this production of Les Miserables at the Cultural Arts Playhouse. You can find out more information at http://www.culturalartsplayhouse.com 

Credentialing Chaos Forces State Chair To Appoint Ad-Hoc Committee In Advance Of LPPA State Convention

The Business Meeting of the Annual Convention of the Libertarian Party of Pennsylvania is scheduled to take place at the Harrisburg Hilton on Saturday, June 8, 2013 with credentialing to begin the night before. Since James Babb of Montgomery County took over as "Convention Facilitator", a veil of secrecy has fallen on every aspect of the convention planning and credentialing process. Calls by Roy Minet, a candidate for LPPA State Chair, for information on who has registered for the convention and how their voting status will be determined has fallen on deaf ears with no response by anyone serving on the newly appointed Convention Committee.

This secrecy, fear of a rigged convention and Credentialing Chaos, forced Jim Fryman, LPPA State Chair, to appoint an Ad-Hoc Committee on May 31, 2013 to try to identify who will have been a member of the Libertarian Party of Pennsylvania for less or more than 180 days, as well as to check who is a registered Libertarian Party member, a prerequisite to being able to vote. Mr. Fryman wrote:

I am appointing an ad hoc credential committee of Marc Connuck, John Karr, and our secretary Ken Krawchuk, to determine a list of 180 day plus members and a separate list of less than 180 day members. This will enable us to start the convention knowing how many of each we have and avoid any squabbles. Please let me know if the three of you are able to accept this responsibility.

Ken Krawchuk, the elected LPPA Secretary who according to the Convention Rules must "certify the delegates at the beginning of the Convention", responded as follows:

Let's not confuse me with someone who knows what's going on. I have no idea who's a member, who's updating the database, where new and renewing memberships are going, who's processing them, or the validity of the info I do have.

With only 6 days left before the Annual Convention, Roy Minet, a candidate for LPPA State Chair, echoed similar concerns about the complete lack of attention that has been paid to determining who may and may not vote at the upcoming Annual Convention. Mr. Minet sent an e-mail on June 1, 2013 to James Babb (Convention Facilitator), Jim Fryman (State Chair), Patti Fryman (Treasurer), Betsy Summers (Eastern Vice-Chair), Ken Krawchuk (Secretary), John Karr (Election Committee Chair) and Marc Connuck (Membership Database Manager), in which he wrote:

Apparently, our records are not perfect. We were recently ready to unceremoniously write off Greg Teufel as Legal Committee Chair on the basis that his LPPA membership had lapsed over a year ago. That turned out to be very wrong and a surprise to Greg. He produced evidence that his membership had been paid through the end of 2012. He told me that he has renewed his membership for 2013, plans to remain active and wishes to continue as Legal Chair. 

It would seem like a good idea for the Credentials Committee (Ken, Marc, John) to determine the status of those registered for the June 8 convention and post the three lists of names (delegates who satisfy the 180-day rule, potential delegates if the rule is waived and non-delegates) on LpBoard-Business. That way, anyone who thinks they have been put into the wrong category can get it resolved ahead of time. We really don't want confusion, contention and delays at the convention, and the Judicial Committee has already been overworked this year!

Matthew Kelly, Membership Committee Chair, commented as follows:

Since Dr. Tom Stevens resigned as LPPA State Chair on April 5, 2013, no one has contacted me with respect to the Credentialing Plan we had in place to make certain our records were accurate and that only qualified LPPA members would be permitted to vote at the upcoming Annual Convention. The entire convention planning process was taken over by James Babb, "Convention Facilitator", and the Montgomery Libertarian Party County Committee, that is now "hosting" the Annual Convention in Dauphin County, where an existing local LP group already exists. The State Chair, the Membership Committee Chair, and the Convention Committee have been pushed aside, ignored and have not been consulted with respect to any aspect of the convention planning and credentialing process.

The Credentialing Plan we had in place was agreed to by me in my capacity as Membership Committee Chair and as the last appointed Acting Secretary, by Marc Connuck, Membership Database Manager working under my committee's direction, John Karr, Election Committee Chair, Tyler Kobel, Convention Committee Chair, and Dr. Tom Stevens, LPPA State Chair.

Shortly after January 1, 2013, Marc Connuck was instructed to identify those LPPA Members who would be eligible to vote if the 180-day voting requirement was waived and those who would be eligible to vote if it was not waived. The entire list then was to be sent over to John Karr, Election Committee Chair, to look in the Voter Registration Database and identify those LPPA members who were registered Libertarian (a requirement to vote) and those who were not. The list was to be published and sent to all LPPA members 30 days in advance of the convention so anyone contesting the accuracy of the information would have an opportunity to do so. Colored wrist bands were to be used to differentiate between the different classes of voting members and attendees.

The fact that we are less than a week away from the Annual Convention and no one knows who is eligible to vote is an extraordinary act of gross negligence on the part of the Board of Directors, Convention Organizers, the current Secretary, and the newly appointed members of the Convention Committee. Actions taken at the Business Meeting of the Annual Convention and the legitimacy of the election of new officers have all be thrown into question if it cannot be accurately determined who has the right to vote.

The Annual Convention of the Libertarian Party of Pennsylvania is scheduled to take place on June 7-8, 2013 at the Harrisburg Hilton located at 1 North 2nd Street, Harrisburg, Pennsylvania 17101.

Northampton County Libertarian Party Endorses Roy Minet For LPPA State Chair

The Libertarian Party of Northampton County has voted unanimously to endorse Roy Minet of Lancaster County for State Chair of the Libertarian Party of Pennsylvania. The election of state officers will take place at the business meeting of the LPPA Annual Convention scheduled for the morning of Saturday, June 8, 2013 at the Harrisburg Hilton.

Dr. Tom Stevens, County Chair of the Northampton County LP and Immediate Past Chair of the Libertarian Party of Pennsylvania, said the following in response to the endorsement:

I worked closely with Roy Minet in 2012 as we successfully defended our Libertarian Party petitions against an aggressive GOP challenge. As a result, Gary Johnson and our statewide candidates were on the ballot in Pennsylvania and because of the vote totals obtained by our statewide candidates, we regained Minor Party status. Roy scheduled and coordinated the 20+ volunteers we needed each day to defend our petitions and was named a Libertarian Ballot Access Hero by LP News. During this 9-week challenge and during my term in office, Roy also served as Media Relations and Marketing Committee Chair for the Libertarian Party of Pennsylvania. He is a tireless, committed activist for liberty whose only goal is to build the LP.

The Northampton County LP had no problem deciding to endorse Roy Minet for State Chair. His announced opponent, Steve Scheetz of Montgomery County, refused to endorse Gary Johnson for President and his chapter was the epicenter of Jim Babb's.Vote for Nobody campaign, In addition, Mr. Scheetz did not obtain a single petition signature for Gary Johnson or the LPPA's statewide candidates and didn't commit a single hour to help defend our petitions against the GOP challenge. The endorsement of Roy Minet for State Chair was a no-brainer for our membership. Roy is clearly the more qualified candidate and would do a superb job if elected..

The Northampton County LP General Membership Meeting was held in Bethlehem, Pennsylvania on Saturday, May 18, 2013.

Northampton County Libertarian Party Endorses Jeremy Clark For Pennsylvania House Of Representatives District 136

On May 18, 2013, the Libertarian Party of Northampton County voted unanimously to endorse Jeremy Clark as the Libertarian Party's candidate for Pennsylvania House of Representatives District 136, a district located entirely in Northampton County.

In accepting the nomination, Jeremy Clark wrote:

I am thrilled and honored by the endorsement of the Northampton County Libertarian Party to be the next Representative for the 136th District. The members of the Northampton County Libertarian Party work tirelessly for liberty in the county and across the state. Their members played a crucial role in fighting the cowardly GOP attempt to limit voters' options and remove Gary Johnson from the ballot last year.

Similarly, it is in the name of a real choice that I am running. Every election cycle voters are limited to two - increasingly similar - parties. All the while, the obvious issues are never addressed. The sad truth is that the two parties care more about elections, power, and money than solving problems.

I am a libertarian because I believe that a freer society is a better society. I believe that we get better results as individuals and communities than from the dictates of Harrisburg and Washington. I believe the corruption of the Turnpike Commission, the Pennsylvania Liquor Control Board, the IRS, and countless other agencies are merely examples of the inevitable consequences of party over principle. I believe our system needs a serious reform movement that focuses on transparency and local solutions.

I am running for office in the 136th because I love this community. I was born in Pennsylvania but I married into the Lehigh Valley. I met my wife Liz, and Easton native, at the University of Delaware. After graduating and serving 4 years as an infantry officer in the Army including three combat tours, I was finally able to return to Pennsylvania. I attended law school at Villanova and now have a private practice in Easton where I live with Liz and our two daughters. It would be an honor to serve as the Representative for this community that I have come to love so much.

Dr. Tom Stevens, County Chair of the Libertarian Party of Northampton County, said:

In nominating Jeremy Clark, we have endorsed an American Hero, a devoted family man and an American Patriot dedicated to preserving our freedoms and protecting us from intrusive government that continues to undermine our civil liberties and fails to respect our individual rights. Once the people of the 136th District get to know Jeremy Clark, I have no doubt they will want him to serve as their State Representative. The Northampton LP is honored to have found such a qualified and charismatic candidate to run for this office. 

The election for Pennsylvania House of Representatives District 136 takes place in 2014. The district is currently represented by Robert L. Freeman, a Democrat, who has served since 1999.

Jordan Stella Re-Appointed President Of The Objectivist Party Of Indiana

Effective May 5, 2013, Jordan Stella was re-appointed President of the Objectivist Party of Indiana (OPIN) by the Governing Board of the Objectivist Party.

In accepting the re-appointment, Jordan Stella said:

I'm an Objectivist because I believe in freedom, first and foremost. Rational thinking should be the basis for our society, not greed. I want to thank Dr. Stevens for his continued support and for giving me the opportunity to promote reason, liberty, and Objectivism to the world.

The Objectivist Party of Indiana was chartered on October 10, 2008. Its first President was Marc Oestreich, who served from October 10, 2008 through November 12, 2009. Its second President was Sam Varriano, who served from November 12, 2009 to May 5, 2011. Jordan Stella was appointed OPIN President on May 5, 2011.

The Objectivist Party was founded by Thomas Robert Stevens on February 2, 2008, Ayn Rand's birthday. It seeks to promote Ayn Rand's philosophy of Objectivism in the political realm.

Libertarian Party New York City Nominating Convention Minutes (April 9, 2013)

Libertarian Party New York City Nominating Convention

Minutes of the April 9, 2013 Business Meeting

 New York Irish Center, Long Island City, Queens

 

The meeting was called to order by John Clifton, LPQC Chair, at 7:30 p.m.

As LP Chair of the hosting county for the event, John Clifton acknowledged his appointment as NYC Convention Chair Pro Tem and Matthew Kelly as NYC Convention Secretary Pro Tem. Both were accepted without objection. 

Chair announced the meeting agenda would follow the outline submitted on the correspondence sent to properly notice the convention:  1) Nomination of Citywide Candidates. 2) Discussion and Motion to authorize developing citywide ballot initiatives. 3) Adjournment.

The Agenda was adopted without objection.

Chair ruled the format of the meeting would be relaxed with regards to Robert’s Rules and parliamentary procedure. There was no objection.

Chair also ruled the LPNY Bylaw provision describing the credentialing status of the attendees of the city convention was not sufficiently clear (concerning whether or not LP borough chapter members who were not LPNY members could vote), and as a result of the ambiguity, Chair would side with the precedent set by previous city conventions, and include all LP borough chapter members present as eligible to vote.

Blay Tarnoff (LPNY Secretary) objected, and made a motion to overrule the Chair. Motion was seconded, followed by discussion, but the motion FAILED. Tarnoff continued to interrupt proceedings to reprove the credentialing ruling through the remainder of the meeting.

Nominations were opened for Mayor. Candidates nominated included Sam Sloan, Carl Person, Kristin Davis (who declined), Joe Lhota, and NOTA (None of the Above). Nominations were then closed. Davis’s announcement that she was running for Comptroller, and endorsing Lhota for Mayor, led to an extensive interruption of proceedings with heated discussion.

Randy Credico made a motion to re-open the nominations for Mayor, so he could be nominated.  Motion was seconded, followed by discussion, but the motion FAILED. Out of order interjections and interruptions continued over the Lhota nomination and the credentialing issue.  Janet Hopf made a motion to adjourn due to this, which was seconded, but the motion FAILED.

Tarnoff continued to interject, to advocate that individual credentialing be conducted to see if the attendees were qualified to vote as per the Chair’s ruling (namely, to check whether attendees were listed on the Membership Lists brought to the Convention by the 4 County Libertarian Party organizations active within New York City, or otherwise known to county LP officers present). A short recess was called to determine the manner in which said individual credentialing verification could be performed and whether conducting said verification was feasible given the lists available.

The Chair ruled that Matthew Kelly, as Secretary Pro Tem, would conduct the individual credentialing verifications by checking the names of those in attendance against each County’s membership list. Blay Tarnoff started to act out, without being recognized, demanding that the Secretary Pro Tem first check the state membership status of all attendees despite the earlier upheld ruling of the Chair that state membership was not a prerequisite to vote at this NYC Nominating Convention. Interjections and interruptions by both the Lhota supporters and Tarnoff (who prevented Kelly from proceeding by insisting he verify the LPNY membership status of all attendees first) continued until the Chair recognized Kristin Davis, who moved to overrule the Chair on conducting an individual credentialing verification and to allow all in attendance at the convention to vote. The motion to overrule the Chair was seconded and the motion PASSED.

Members then voted to nominate Joe Lhota as the LP candidate for Mayor by two thirds vote.

Members voted to nominate Kristin Davis as the LP candidate for Comptroller by two thirds vote.

Members voted to nominate Vivia Morgan as the LP candidate for Public Advocate by two thirds vote.

Members voted to authorize Gary Popkin to head an effort to properly develop citywide ballot initiatives or referendums to end surveillance measures in NYC (repeal Stop and Frisk, remove Airport and Police scanners and cameras) and to reform city government (end the large soda ban or similar policies, abolish the offices of Public Advocate and Borough President).

Members moved to adjourn.  The motion PASSED.

The meeting was adjourned at approximately 9:25 pm.

Other matters (such as the Committee on Vacancies) were discussed informally afterward. Chair acknowledged a motion to create the Committee was not suggested by either the Chair or raised by the body, but he believed it was not mandatory for the body to do so, and the committee could be created by the candidates themselves under the election law. Chair expressed the belief that the candidates voted for were duly nominated, since the body doing so had twice voted to accept the manner of the proceedings, including credentialing.

Dated: April 27, 2013

Respectfully,

Matthew Kelly

Secretary Pro Tem
Libertarian Party NYC Nominating Convention

Luis Rivas Appointed President Of Objectivist Party Of California

On May 14, 2013, Luis Rivas was appointed to serve as President of the Objectivist Party of California.

In accepting the appointment, Luis Rivas said:

Objectivism came to me as a curiosity. I heard people mention the name Ayn Rand and the more I asked, the more negative answers I got. As a result, I decided to read about her and read what she wrote so I could draw my own conclusions. Her perspectives and philosophy resonated with me. It was something I had been searching for. I came out of the punk-scene where "individual attitude" and "individualism" was a primary value but at the same time, it was largely a collectivist ideal where you don't fit in well if you say you want to be successful. America to me is supposed to be a place where individuals go out and reach their highest potential, where the government stays out of the way and is only there to protect each person's individual rights. 

I always wanted to get more involved in politics. It was always something that interested me. One day, I asked myself, "what if there was a party that promoted Objectivism" and like any curious person, I searched the web and there it was: http://www.objectivistparty.us. I looked at the site, read about the party and loved it! I joined the Objectivist Party and all the relevant Facebook Groups and when the call went out for new officers, I expressed my enthusiasm and availability. 

I consider my new role as President of the Objectivist Party of California to be an exciting new adventure and a great opportunity. I thank Dr. Tom Stevens for his confidence in me and for his willingness to help me achieve great things for the Objectivist Party in California. I will do everything I can to make it influential and to work with the members to make a difference in our effort to promote liberty and reason.

The Objectivist Party of California was chartered on August 9, 2008. Its first President was Nicholas Huber, who served from August 9, 2008 to August 12, 2010. Its second President was Maxfield Bern, who served from August 12, 2010 to May 14, 2013.

The Objectivist Party was founded by Thomas Robert Stevens on February 2, 2008, Ayn Rand's birthday. It seeks to promote Ayn Rand's philosophy of Objectivism in the political realm.

Personal Freedom Party Holds New York City Convention; Sam Sloan Nominated For Mayor, Kristin Davis Nominated For Comptroller & Thomas Robert Stevens Nominated For Public Advocate

The Personal Freedom Party held its New York City Nominating Convention on Saturday, May 11, 2013 at Boulder Creek Steakhouse located at 134-15 20th Avenue, College Point, Queens, New York. Sam Sloan, a resident of the Bronx, was nominated for Mayor, Kristin M. Davis, a resident of Manhattan, was nominated for Comptroller and Thomas Robert Stevens, a resident of Queens, was nominated for Public Advocate.

Sam Sloan ran for the Libertarian Party's gubernatorial nomination in 2010 and for the Libertarian Party's presidential nomination in 2012. He previously served as Director of Media Relations for the Manhattan Libertarian Party as well as serving as its Representative to the State Committee of the New York Libertarian Party. Sam Sloan is an American Chess Player & Publisher. He has served on the Executive Board of the U.S. Chess Federation and successfully argued a case pro se before the United States Supreme Court. Sam Sloan is a Muslim and is known in Islamic circles as Haji Mohammed Ismail Sloan.

Kristin M. Davis, who received the nomination of the Libertarian Party for Comptroller on April 9, 2013, was the gubernatorial candidate of the Anti-Prohibition Party in 2010. Ms. Davis is formerly known as the Manhattan Madam, a former madam famous for having run a high-end prostitution ring in New York City. Davis served four months in prison on Riker's Island. Prior to running an escort agency, she was Vice-President of the back office of a hedge fund operation with assets over 2 billion dollars. Ms. Davis now runs Hope House, a non-profit organization designed to assist women affected by sex trafficking.

Thomas Robert Stevens is an attorney, educator and political activist. He has appeared as an expert or to discuss current events on over 200 national talk shows. Dr. Stevens is the Political Director of the Libertarian Party of Queens County and former State Chair of the Libertarian Party of Pennsylvania. He is the Founder & Chair of the Objectivist Party and was nominated as its Presidential candidate in 2008 and 2012 (appearing on the ballot in Colorado & Florida). He served two terms as President of the Hofstra University School of Law Alumni Association. Dr. Stevens also started Free Trade Day (May 8th), Space Exploration Day (July 20th) Skyscraper Appreciation Day (August 10th) and Individual Rights Day (August 29th). He currently serves as Chairman of the Board & Vice-President of Concerned Citizens Speak, a New York City-based non-profit civic, educational and social organization founded in March, 1981.

Alden Link, who was the Libertarian Party candidate for Lt. Governor of New York State in 2010 and the Vice-Presidential candidate of the Objectivist Party in 2008 and 2012, was a delegate to the New York City Nominating Convention of the Personal Freedom Party. He said:

The Personal Freedom Party has a simple and attractive platform. It supports the Legalization of Marijuana, Decriminalization of Prostitution, Legalization of Gambling, Lowering the Voting Age, Legalization of Gay Marriage (achieved in New York State), Elimination of Excessive Taxation and Elimination of Excessive Regulation. These are admirable goals many New York City residents can get behind. Sam Sloan and Tom Stevens accepted their nominations in person and made powerful speeches outlining what they hope to achieve if elected. Kristin Davis was not present although I saw a number of prominent political leaders in attendance as delegates including Scott Morgan, an activist in the Independence Party; Dallwyn Merck, President of Stonewall Libertarians New York who also serves as Executive Director of 14 Now!; and Matthew Kelly, Membership Committee Chair of the Libertarian Party of Pennsylvania, Vice-Chair of the Pennsylvania Libertarian Alliance, Treasurer of the Libertarian Party of Queens County and Vice-Chair of Long Island Libertarians, a chartered chapter of Empire State Libertarians.

The Personal Freedom Party was founded on June 6, 2010.

NYLP Board Tries To Void Results Of NYC Nominating Convention; Queens LP Objects

A properly noticed New York City Libertarian Party Nominating Convention was held on Tuesday, April 9, 2013 at the New York Irish Center located at 10-40 Jackson Avenue, Long Island City, New York. At that convention, 50+ delegates from the four city-wide chapters nominated Joe Lhota for Mayor, Kristin Davis for Comptroller, and Vivia Morgan for Public Advocate.

The delegates disposed of a number of credentialing issues including whether all of the members of the Queens, Manhattan, Kings and Staten Island LP Chapters should be permitted to vote in addition to state party members living within the 5 boroughs. All members of county LP organizations voted at the last two New York City Nominating Conventions and on November 29, 2012, Mark Axinn, current Chair of the New York Libertarian Party, wrote to Kristin Davis and told her, "To vote at a City Convention, one has to join one of the four city chapters. That can happen any time before the Nominating Convention." This was also the ruling of John Clifton, the Queens LP Chair who was Chairman Pro Tem at the New York City Nominating Convention (said ruling that was sustained) and of Janet Hopf, the Manhattan LP Chair.

Blay Tarnoff, a resident of Nassau County and the NYLP Secretary, argued that all City Chapter members must also be state party members to vote but his argument was not accepted by the duly credentialed delegates in attendance at the New York City Nominating Convention. Mr. Tarnoff then lobbied primarily Nassau and Suffolk County LP members serving on the Board and persuaded the NYLP Board of Directors to vote on Sunday, May 5, 2013 to declare the decisions and nominations made at the New York City Nominating Convention null and void and to appoint himself as the facilitator of a new New York City Nominating Convention to be held on June 11, 2013. Janet Hopf, Manhattan LP Chair, voted against the motion.

On Saturday, May 11, 2013, the Executive Committee of the Libertarian Party of Queens County (along with all LPQC members in attendance at the meeting) voted unanimously to issue the following statement regarding the attempt by the state Board of Directors to undo the decisions and nominations made by duly credentialed delegates at the New York City Nominating Convention:

It is the position of the Libertarian Party of Queens County that the Board of Directors of the New York Libertarian Party has no authority to overturn the decisions and nominations made by the delegates at a properly noticed New York City Nominating Convention. Delegates at a properly called convention have the power to decide credentialing issues and to rule on points of order raised and the New York Libertarian Party Board of Directors cannot declare the decisions and nominations made by the delegates null and void just because they don't like the results. Whatever one thinks should have happened at the New York City Nominating Convention held on April 9, 2013, what did happen was that Joe Lhota obtained the Libertarian Party nomination for Mayor, Kristin Davis obtained the Libertarian Party nomination for Comptroller, and Vivia Morgan obtained the Libertarian Party nomination for Public Advocate. Those nominations stand. Any nominations for citywide office made at the upcoming rump New York City Nominating Convention scheduled for June 11, 2013 will be, in our opinion, void ab initio.

Dr. Tom Stevens, Political Director of the Libertarian Party of Queens County and the elected LPQC State Representative, said:

The power of duly credentialed delegates in convention to make decisions and nominations is supreme. If that convention was properly noticed, as this one was, no Board of Directors can declare the actions of the delegates null and void. Any dispute or ambiguity in the interpretation of the state party bylaws were addressed, debated and decided by the delegates in attendance. 

The Libertarian Party of Queens County was founded on October 6, 1994. It is currently the largest and most active chapter in the New York Libertarian Party with over 70 paid members.

Voting Fraud Committed By Joshua Chaires; LPPA Judicial Committee Declares All Board Votes Null & Void

Joshua Chaires, a member of the Libertarian Party of Pennsylvania residing in Chester County, attended the statewide Board of Directors Meeting held at the Harrisburg Hilton on April 13, 2013 participating in debate and voting on motions as the State Representative of the Libertarian Party of Northampton County. Mr. Chaires had no authority to act in that capacity, was never appointed to represent the Northampton County LP as State Representative, and ignored calls and texts received from Dr. Tom Stevens, Northampton County LP Chair, who observed him voting online while watching the video feed of the Board Meeting.

Despite immediate notification to the Board of Directors that Paul Rizzo was the current voting State Representative of the Libertarian Party of Northampton County, Joshua Chaires continued to be listed by Ken Krawchuk, the LPPA Secretary, as the voting State Representative of the Libertarian Party of Northampton County and was permitted to vote again on behalf of the Northampton County LP on subsequent online motions.

Dr. Tom Stevens, County Chair of the Libertarian Party of Northampton County, filed the following complaint with the Judicial Committee of the Libertarian Party of Pennsylvania, which read, in part, as follows:

Joshua Chaires of Chester County was never authorized to vote as the Northampton LP State Board Representative. Paul Rizzo was and is currently authorized to vote in that capacity. It is my understanding that Joshua Chaires was encouraged by some Montgomery County LP members to claim the right to vote as Northampton LP Representative at the last Board of Directors Meeting, when he was never authorized, ever, to vote in that capacity...Ken Krawchuk continues to list him as our Rep and is allowing him to cast votes in currently pending motions. Finally, since Josh Chaires was never authorized to vote and yet attended the Board Meeting on April 13, 2013, participating in debate and voting on motions, I believe whatever decisions were made there were tainted by the illegal participation of Josh Chaires and should be declared null and void.

After conducting an investigation into the charges brought against Joshua Chaires for engaging in Voting Fraud, the Judicial Committee of the Libertarian Party of Pennsylvania issued the following Decision by unanimous vote:

For the past month the only authorized Board representative from the Northampton County LP has been Paul Rizzo. Any votes cast on or after 13 April 2013 on behalf of Northampton County by Josh Chaires or any person other than Paul Rizzo is null and void and may not be included in the vote total. If Mr. Chaires' vote was decisive on any issue, then that question must be re-voted.

Daulton Florindi, First Vice-Chair of the Libertarian Party of Northampton County, issued the following statement:

Because our County Chair votes on the LPPA Board of Directors in his capacity as Immediate Past Chair, Dr. Stevens designated Paul Rizzo to be our State Representative in accordance with the provisions of Article 3, Section 2 of our Bylaws. On April 11, 2013, two days before the Board of Directors Meeting, Mr. Rizzo voted in favor of Henry Haller as Western Vice-Chair indicating on the Board Business Yahoo Group that he was the "Rep from Northampton County". Despite this public knowledge and Dr. Stevens reaffirming this fact to the Board, Joshua Chaires of Chester County presented himself as the voting State Representative from the Northampton County LP and was permitted to participate in debate and vote on motions at the Board Meeting. Even after Dr. Stevens notified the Board that Mr. Chaires had no authority to represent Northampton County, Ken Krawchuk, LPPA Secretary, continued to list Joshua Chaires of Chester County as the voting Rep from Northampton County and permitted him to vote on subsequent motions that took place via the internet, including one dealing with an effective transfer of monies from the State Treasury to the Montgomery County LP Treasury.

The actions of Joshua Chaires denied the Northampton County Libertarian Party the representation it was entitled to both at the Board Meeting and in subsequent motions. Mr. Chaires of Chester County was the deciding vote in at least one of those motions and his vote was used to pass a motion to effectively transfer $350.00 from the State Treasury to the Treasury of the Montgomery County Libertarian Party, that is the host of the upcoming Annual Convention and gets to keep all profit generated at that convention. Paul Rizzo, the Northampton County LP State Representative, was opposed to granting this gift to the Montgomery County LP but was not permitted to vote. Roy Minet, Marketing and Media Relations Committee Chair, confirmed this money grab when he posted the following to the Board Business Yahoo Group:

"Jim Babb already posted that the vote was taking too long and that the convention fees were, therefore, going to be set on the basis that the room cost would NOT be covered by the LPPA. That pricing for the convention has already been done and posted online. The motion should be withdrawn or simply dispatched by more NO votes or abstentions. Since the outcome of this vote can in no way save the delegates to our convention any money, it has simply become a vote on whether or not to transfer $350.00 out of the LPPA treasury and into the Montgomery County treasury."

It is, therefore, for political reasons that Montgomery County LP members allegedly encouraged Joshua Chaires of Chester County to claim the right to vote as the Northampton County LP Rep and why Ken Krawchuk, LPPA Secretary (who also serves as Secretary of the Montgomery County LP) continued to list Joshua Chaires as Northampton LP Rep and noted a YES vote on his behalf to effectively transfer $350.00 from the State Treasury to the Montgomery County LP Treasury.

It is exactly this type of behavior that many fear will become the norm if Steve Scheetz, Chair of the Montgomery County LP is elected State Chair; if Ed Reagan, Treasurer of the Montgomery County LP is elected Eastern Vice-Chair; if Richard Schwarz, an active member of the Montgomery County LP is elected State Treasurer; and if Ivan Glinski, an Alternate Rep for the Montgomery County LP is elected State Secretary. Mr. Scheetz refused to support Gary Johnson for President and didn't devote a single hour to help the LPPA defend its petitions from an aggressive GOP challenge, one which I am proud to say that thanks to Dr. Tom Stevens, Roy Minet and 84 volunteers, we defeated.

When actions such as these take place, democracy is subverted and people lose confidence in the Libertarian Party to be an effective pro-liberty activist organization.

Daulton Florindi was elected First Vice-Chair of the Libertarian Party of Northampton County (LPNC) at the Annual Meeting of the Membership held on January 7, 2013. Mr. Florindi previously served as the organization's Treasurer.

Ken Krawchuk, LPPA Secretary, Indicted By Judicial Committee For Refusing To List Immediate Past Chair Dr. Tom Stevens As A Voting Board Member Or To Count His Votes

Ken Krawchuk, the current Secretary of the Libertarian Party of Pennsylvania, published a list of Board Members after the Board of Directors Meeting held on April 13, 2013 specifically excluding Dr. Tom Stevens, Immediate Past Chair, a voting member of the Board of Directors. First, Mr. Krawchuk resisted listing Dr. Stevens as a voting Board Member and when he finally did add his name to the list, he refused to count his votes saying the votes would only be counted if Dr. Stevens called him personally or sent it to him by first class mail. This burden was not placed on any other voting Board Member.

Lawrence James Fryman, LPPA State Chair, posted the following to the LpBoard-Business Yahoo Group:

I believe Tom Stevens should be allowed to vote as immediate past chair.

Henry Haller, Western Vice-Chair, posted:

Tom did vote "No" and because he is still on the board as immediate past chair, his vote must be counted.

Richard Schwarz, Philadelphia County LP State Rep wrote:

Ken, Tom has voted. If you do not wish to accept his vote via email then in my opinion you should not be the Secretary of the LPPA.

Ken Krawchuk remained unmoved and refused to count votes cast by Dr. Stevens on the official Board Business Yahoo Group. Mr. Krawchuk posted:

I await Tom's vote, aye or nay. Operators are standing by, and the USPO is undismayed by rain, snow, sleet, or hail. 215-881-9696, 117 West Ave, Elkins Park, PA 19027.

After reading this, Dr. Stevens filed a complaint with the LPPA Judicial Committee. It read, in relevant part:

I am being disenfranchised as a voting member of the Board of Directors and I would like the Judicial Committee to direct the Secretary Ken Krawchuk to do his job, to add me to the list of Board members, to record my votes and monitor all activity on the LpBoard-Business Yahoo Group where only Board Members and alternates vote on motions and participate in discussions.

When told by other Board Members that Dr. Tom Stevens voted on pending motions, Ken Krawchuk wrote the following, which the Judicial Committee found to be a fact:

I wouldn't know what Tom said. I've had him in my kill file for a while. I asked him to behave himself and he refused, and no one on the board has raised a point of personal privilege to start the process to silence his rude rants, so I took personal action myself to stop them. Nothing coming from any of his e-mail addresses can reach me. The resulting silence is quite nice, thank you, and I'd advise others to do the same (except Erik, of course, who seems to enjoy it all).

The Bylaws back me up in my actions too. Article V Section 5 says: "If any members of the Board of Directors do not wish to transact Board business over the Internet, when a vote is required the Secretary will forward to them via mail or phone sufficient information regarding the business at hand to allow them to vote knowledgeably." I refuse to transact board business over the Internet with Tom. Period. If he has anything to say to me regarding board business, he can call or write.

It was then pointed out to Ken Krawchuk that he could record who voted by simply going to the LpBoard-Business Yahoo Group Messages Section without unblocking any e-mail addresses.

Chuck Moulton, former LPPA State Chair, then posted the following message to Ken Krawchuk, LPPA Secretary, which said, in part:

Dr. Tom Stevens should be listed on the voter role as the Immediate Past Chair (because he is)...I don't see why the secretary would post an inaccurate list of voting board members.

The secretary has an obligation to monitor board member emails for votes -- if there is no vote, just stop reading the email. Blocking Tom's email would be fine if the secretary would regularly look on the Yahoo group web archive to find votes and motions, but apparently he's not doing that either. If the secretary is unable or unwilling to do his duty, then he should resign.

The LPPA Judicial Committee ruled in favor of Dr. Stevens and issued the following decision:

The Bylaws' phrase "If any members of the Board of Directors do not wish to transact business over the Internet" manifestly grants an option to board members who are called upon to vote. There is no conceivable interpretation of this provision that gives the Secretary authority to refuse to count the e-mail vote of a particular member and require him instead to vote by mail or telephone. 

Any vote count as to which Dr. Stevens or any other Board member was subjected to this discriminatory burden is null and void ab initio and is of no force and effect.

Matthew Kelly, LPPA Membership Chair who served as Acting Secretary at the Board Meeting held on January 26, 2013, commented as follows:

There is absolutely no excuse or possible explanation for Ken Krawchuk, the current LPPA Secretary, not listing Dr. Tom Stevens, Immediate Past Chair, as a voting member of the Board of Directors or for his refusal to count votes cast by him on the official Board Business Yahoo Group. It is a failure of his fiduciary duties, a betrayal of the trust Board Members placed in him, and cause for disciplinary action. 

The fact that Ken Krawchuk could believe the LPPA Bylaws permitted him to place this "extraordinary burden" on a Board Member's right to vote is unbelievable especially since no rational person could come to that conclusion. To quote the Judicial Committee Decision, "There is no conceivable interpretation of this provision that gives the Secretary authority to refuse to count the e-mail vote of a particular member and require him instead to vote by mail or telephone."

Behavior of this sort is an example of what many fear is the face of things to come. Professionalism may soon be replaced by thuggery and blatant disregard for the bylaws of our organization. Ken Krawchuk also serves as Secretary of the Montgomery County LP. Steve Scheetz, who has announced his candidacy for State Chair, currently serves as the County Chair of the Montgomery County LP.  

Ken Krawchuk was elected Secretary of the Libertarian Party of Pennsylvania by internet vote on April 12, 2013 and will serve until the Annual Convention, which is currently scheduled to be held on June 8, 2013.