Submitted on behalf of the Libertarian Party of Oregon members:

Members of the LNC Judiciary Committee,

When referring to Mr. Wagner's complaint, we first find the following claim:

"Since we are the current lawful officers of the legal entity known as the

Libertarian Party of Oregon, this declaratory judgement arguably amounts

to disaffiliation.  Such disaffiliation is invalid because it fails to

meet the requirements of the Libertarian National Committee Inc.'s by-laws

which require such decisions to be made for cause and by 3/4ths of the

entire LNC (not just the ex-comm sub-group").

So in other words, he claims that the actions of the EC constitute a

disaffiliation of the LNC from the LPO.  If this were true, then surely

his claims are correct...  for the by-laws do require a 3/4 majority and

"cause,"  however, were we disaffiliated?  I would argue no, since the

by-laws that are now in force have not been legitimately changed since

2009, how could we have been disaffiliated?  To make such an argument

would be the same as for me to unilaterally change our by-laws and extend

the term limit for my office indefinitely.  Would such a change be

legitimate? This question answers itself.

Even if one was to defer to the state of Oregon in this matter, Oregon

State law clearly defers to National party leadership in the case of a

minor party.  The laws that Wagner's group has been attempting to use to

justify their actions apply only to the Republican or the Democratic

parties.

My intention with this brief was to rebut the points of Mr. Wagner's

brief, one by one; however, ALL of his points hinge upon that one sticking

point of who's by-laws are legitimate.  Even his refusal to accept your

(LNC) authority hinges upon the fact that he still holds office, as if his

term has not yet ended... but it has.  Rather than sticking to the by-laws

that he was trusted to uphold, he chose to use the force of the State to

attempt to enforce a NON-consensual set of rules upon the entire state of

Oregon's libertarian community.  I thank the Executive committee for

helping to arbitrate a successful conclusion to my predecessor's

usurpations of our party rules.

The by-laws of the LPO, when the former leadership allegedly changed them,

provided no authority to change the by-laws without a convention, but the

convention that they called was unable to meet quorum and ultimately had

to adjourn to a later date WITHOUT changing the by-laws.  So they simply

illegitimately changed the by-laws by unilateral action and cancelled

their adjourned convention meeting (which had been called by committee). 

Both of these actions (since they violated our by-laws) are illegitimate,

null, void, and of no force within our party.  Since they had no authority

to cancel the meeting called by convention (where my fellow officers and

myself were elected),  and since they had no authority to change the

by-laws, what they were serving under when we resumed their convention was

an extension of their terms awaiting the convention adjournment sine die. 

Therefore, they never "actually" served under their fraudulent by-laws,

and we were lawfully elected under the rightful rules.  I am attaching our

2009-2011 by-laws as reference.

As a separate note, I would like to point out that contrary to his claim

that the LPO is not an affiliate of the Libertarian National Committee, I

would like to point out that according to article6 section1 of the LNC

bylaws,

 "No person, group or organization may use the name "Libertarian Party" or

any confusingly similar designation except the party or an organization to

which the party grants affiliate party status or as otherwise provided in

these bylaws."

It is somewhat clear that Mr. Wagner is mistaken...

In Liberty,

Tim Reeves

(State Chair)

Libertarian Party of Oregon

(State Director)

www.Oregon.tenthamendmentcenter.com