BB - the LPF Bulletin Board
Libertarian Party of Florida Executive Committee => Official Records => 2023 => Topic started by: AtLarge2 on May 18, 2023, 11:56:44 AM
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This motion is to be discussed during Executive Session.
Title: Motion to Approve Filing of Amicus Brief in Florida Closed Primary Lawsuit
Mover: Hector Roos
I move for the LPF to approve the following Resolution calling for the LPF to enter an Amicus Brief in support of retired Law Professor Michael Polelle’s lawsuit challenging Florida’s Closed Primary System so he can vote in the closed primaries at the discretion of the political parties and/or not taxed to fund the operations of elections he is barred from voting in (otherwise requiring him to coerced to associate and lie about his partisan affiliation to vote); directing the Chair to make the arrangements for the drafting and submission of such as Amicus brief; and for publication of this resolution on all LPF communication platforms. The resolution is as follows:
Title: Libertarian Party of Florida to Intervene in Retired Law Professor’s Lawsuit Against Florida’s Closed Primary
Whereas, the Libertarian Party of Florida recognizes Florida’s Closed Primary System is unconstitutional by restricting political parties here from recruiting any voters they deem fit by designating which voters may vote in elections in violation of the First Amendment and Fourteenth Amendment protections of Freedom of Association between voters and political parties and protections of Freedom of Speech that guarantee a healthy marketplace of ideas; and
Whereas, the Libertarian Party of Florida believes in the freedom of association to build coalitions to win elections and change policy, and states in the Party's Platform Article II, Section 1: “State Regulation of Political Parties. The only electoral duty of the State government should be providing for fair and efficient conduct of elections. Political parties, like any private voluntary group, should be free from government control and allowed to establish their own rules for nomination procedures and conventions.”; and
Whereas, there is a federal lawsuit now on appeal by retired University of Illinois Chicago School of Law Professor Michael Polelle, now a resident of Florida and “No Party Affiliated” voter asking the courts to allow him to vote in Florida’s closed primaries claiming the prohibition of independent voters such as those registered as “No Party Affiliated” from participating is unconstitutional; and
Whereas, the Libertarian Party of Florida which holds primaries, such as the Presidential Preference Primary every 4 years and for US Senate in 2016, should have the freedom to invite Professor Polelle and the more than 4 million independent voters such as those registered as “No Party Affiliated” (28% of the electorate) to vote in these primaries.
Therefore be it,
Resolved, on this day, that the Libertarian Party of Florida and its body of members call for the courts to find Florida’s Closed Primary System unconstitutional since the state has no authority to regulate a political party's nominating procedure through a closed system; and
Resolved, the Libertarian Party of Florida as do other political parties should be allowed to establish their own rules for nomination procedures including whether to allow independent voters especially “No Party Affiliated” voters into their primaries; and
Resolved, that the Libertarian Party of Florida will submit an amicus curiae brief before the court in support of the appeal by retired Professor Polelle challenging the constitutionality of the prohibition of independent voters such as those registered as “No Party Affiliated” and independent voters from Florida’s Closed Primary without the consideration of the political parties.
Rational: REDACTED for Executive Session discussion