Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 1 of 51
Matthew G. Monforton (Montana Bar # 5245)
Monforton Law Offices, PLLC
32 Kelly Court
Bozeman, Montana 59718
Telephone: (406) 570-2949
Facsimile: (406) 551-6919
E-mail:
[email protected]
Attorney for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF MONTANA
NATIONAL ASSOCIATION FOR
GUN RIGHTS, INC.,
)
)
)
Plaintiff,
)
)
v.
)
)
JONATHAN MOTL, in his official
)
capacity as the Commissioner of
)
Political Practices for the State of
)
Montana; TIMOTHY C. FOX, in his
)
official capacity as Attorney General
)
for the State of Montana; LEO
)
GALLAGHER, in his official capacity )
as County Attorney for the County of )
Lewis & Clark,
)
)
Defendants.
)
)
Case No. ___________________
VERIFIED COMPLAINT FOR
INJUNCTIVE RELIEF,
DECLARATORY RELIEF, AND
NOMINAL DAMAGES
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 2 of 51
PRELIMINARY STATEMENT
1.
“Discussion of issues cannot be suppressed simply because the issues
may also be pertinent in an election. Where the First Amendment is implicated, the
tie goes to the speaker, not the censor.” Fed. Election Comm’n v. Wisconsin Right
To Life, Inc., 551 U.S. 449, 474 (2007). “Freedom of discussion, if it would fulfill
its historic function in this nation, must embrace all issues about which information
is needed or appropriate to enable the members of society to cope with the
exigencies of their period.” Thornhill v. Alabama, 310 U.S. 88, 102 (1940).
2.
Plaintiff National Association For Gun Rights, Inc. (NAGR) files this
civil rights action for injunctive relief, declaratory relief, and nominal damages
arising under the First and Fourteenth Amendments to the Constitution of the
United States.
3.
NAGR seeks a declaratory judgment that the “issue mailing” that it
sent in 2012, attached hereto as Exhibit 1 (hereinafter referred to as the “Tutvedt
Mailing”), is not express advocacy under Buckley v. Valeo, 424 U.S. 1 (1976), and
therefore not subject to regulation under Montana’s then-existing election statutes.
See Mont. Code Ann. § 13-1-101, (2012) et seq.
4.
NAGR also seeks a declaratory judgment that because the Tutvedt
Mailing is not express advocacy, the Tutvedt Mailing could not be considered a
contribution or expenditure under Montana election law as it existed in 2012, and
2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 3 of 51
therefore could not have triggered any obligation by NAGR to register as a
political committee or report the monies spent on distributing the Tutvedt Mailing.
5.
In addition, NAGR challenges the constitutionality of several
provisions of SB-289, a campaign-finance bill enacted by the Montana Legislature
in 2015.
6.
Specifically, NAGR challenges the definition of “electioneering
communication” contained in § 13-1-101(15), MCA. This definition encompasses
large swaths of speech involving public policy issues.
7.
Issue-advocacy groups such as NAGR are therefore required to
register as political committees and comply with numerous, burdensome
regulations if their advocacy of policies happens to include the name of a candidate
for public office in Montana.
8.
Section 13-1-101(15), MCA, is unconstitutional both facially and as-
applied to NAGR because it is substantially overbroad, thereby violating NAGR’s
rights of free speech and association under the First and Fourteenth Amendments
to the United States Constitution.
9.
NAGR also challenges Montana’s Compelled-Vote-Reporting
Provision, § 13-35-225(3)(a), MCA,
10.
This provision requires speakers who convey information about a
candidate’s voting record also to include in their communications (1) references to
3
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 4 of 51
the particular votes upon which the information is based (2) disclosures of votes
made by the candidate on the same legislative bill or enactment, and (3) a
verification that the disclosures are accurate. The statute compels the content of
the speaker’s political speech.
11.
Montana has no compelling interest in requiring speakers to convey
this information in their communications, nor is the statute narrowly tailored.
12.
NAGR requires declaratory and injunctive relief from this Court so
that it can engage in protected speech without suffering the burdens imposed by
Montana’s unconstitutional laws and without fear of the state imposing fines and
penalties.
JURISDICTION AND VENUE
13.
This Court has jurisdiction over this case arising under 42 U.S.C. §
1983 and the First and Fourteenth Amendments to the Constitution of the United
States. 28 U.S.C. §§ 1331, 1343(a). This Court also has jurisdiction under the
Declaratory Judgment Act. 28 U.S.C. §§ 2201, 2202.
14.
Venue is proper because Defendant Motl resides in the Helena
District. 28 U.S.C. § 1391(b).
4
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 5 of 51
PARTIES
15.
NAGR is a non-stock, non-profit corporation incorporated under the
laws of the Commonwealth of Virginia and has its principal place of business in
Windsor, Colorado.
16.
Defendant Jonathan Motl is the Commissioner of Political Practices
for Montana and is sued in his official capacity. Motl has authority to investigate
violations of, enforce the provisions of, and hire attorneys to prosecute violations
of Montana’s campaign finance laws. Defendant Motl resides in Lewis & Clark
County in the State of Montana.
17.
As Montana Attorney General, Defendant Timothy Fox has power to
investigate and prosecute violations of Chapters 35 of the Montana Code
Annotated by and through the county attorneys under his supervision. The
Attorney General acts under color of law and is sued in his official capacity.
Defendant Fox resides in Lewis & Clark County in the State of Montana.
18.
As Lewis & Clark County Attorney, Defendant Leo Gallagher has
power to investigate and prosecute violations of Chapters 35 of the Montana Code
Annotated. The County Attorney acts under color of law and is sued in his official
capacity. Defendant Gallagher resides in Lewis & Clark County in the State of
Montana.
5
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 6 of 51
STATEMENT OF FACTS
19.
NAGR is a non-stock, non-profit organization incorporated under the
laws of the Commonwealth of Virginia in 2000.
20.
NAGR is a grassroots organization whose mission is to defend the
right to keep and bear arms, and advance that God-given Constitutional right by
educating the American people and urging them to action in the public policy
process.
21.
NAGR’s mission is to defend American’s Second Amendment “right
to keep and bear arms” and to educate the public on issues related to the Second
Amendment so that the public may participate meaningfully in dialogue and debate
about the “right to keep bear arms.” An important part of NAGR’s activities is
letting the public know where legislators and governmental officials stand on
issues related to the Second Amendment and the “right to keep and bear arms.”
NAGR also performs other acts necessary or incidental to the above and does
whatever it deems necessary, useful, advisable, or conducive, directly or indirectly,
to carry out any of the purposes of the corporation, as set forth in its articles of
incorporation, including the exercise of all other powers and authority enjoyed by
non-profit corporations generally.
22.
NAGR is a tax-exempt social welfare organization under Internal
Revenue Code § 501(c)(4).
6
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 7 of 51
23.
Organizations under § 501(c)(4) must be “primarily engaged in
promoting in some way the common good and general welfare of the people of the
community.” (26 C.F.R. § 501(c)(4)-1.) Further, “[t]he promotion of social
welfare does not include direct or indirect participation or intervention in political
campaigns on behalf of or in opposition to any candidate for public office.” (Id.)
So, while § 501(c)(4) organizations may engage in some unambiguously campaign
related speech, their major purpose can never be the nomination or election of
candidates.
24.
NAGR is in compliance with this requirement, and will remain so in
the future.
25.
NAGR has approximately 36,000 members and supporters in
Montana and 4.5 million members and supporters throughout the United States.
26.
Many public officials, particularly in states with large numbers of
rural voters, inaccurately claim to strongly support the rights of citizens to keep
and bear arms as well as to engage in lawful self-defense.
27.
NAGR seeks to inform the public of the identities of these officials, as
well as provide the public with information about these officials’ voting records.
28.
The Tutvedt Mailing is typical of the types of information that NAGR
provides to the public.
29.
NAGR intends to send similar mailings to the public during this
7
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 8 of 51
election cycle to inform Montanans of the positions of public officials regarding
the Second Amendment “right to keep and bear arms.”
30.
In 2015, Montana enacted legislation (SB-289) to regulate these types
of issue advocacy mailings and would require NAGR to register as a political
committee.
31.
NAGR intends to mail educational literature to Montanans beginning
in May 2016 describing which public officials have supported the rights of citizens
to keep and bear arms and engage in lawful self-defense, as well as those who have
not done so. This literature, which is materially similar to Exhibit 1, will not
include language that could be reasonably interpreted as an appeal to vote for or
against a candidate.
32.
NAGR will spend more than $250.00 (mainly printing and mailing) to
mail this literature.
33.
NAGR does not desire to distribute such literature, however, if that
literature would be determined to be express advocacy, subject to regulation as a
contribution or expenditure under Montana’s election laws, that would require
NAGR to register as a political committee.
34.
NAGR does not desire to distribute such literature, however, if that
literature will be deemed by the State to be an “electioneering communication”
under § 13-1-101(15), thereby requiring NAGR to register as a political committee.
8
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 9 of 51
35.
NAGR does not desire to distribute such literature if NAGR will be
required, under SB-289’s Compelled-Vote-Reporting Provision, § 13-35-225(3)(a),
to include the compelled speech required by the statute.
36.
Absent injunctive relief, NAGR will suffer irreparable harm because
of the unconstitutional burdens placed upon its ability to speak by Montana law.
37.
NAGR has no adequate remedy at law.
CLAIMS FOR RELIEF
38.
Freedom of speech is the norm, not the exception. See Citizens United
v. FEC, 558 U.S. 310, 361 (2010) (“more speech, not less, is the governing rule”);
see also Buckley 424 U.S. at 14-15. “The right of citizens to inquire, to hear, to
speak, and to use information to reach consensus is a precondition to enlightened
self-government and a necessary means to protect it.” Citizens United, 558 U.S. at
339.
39.
The framers established government with the consent of the governed,
and government has only those powers that the governed surrendered to it in the
first place. See U.S. Const. preamble (1787) (“We the people of the United
States….”)
40.
These powers – including the constitutional power of Congress to
regulate federal elections, and each state’s parallel power over its own elections,
are further constrained by other law, including the First Amendment. See Buckley,
9
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 10 of 51
424 U.S. at 13 n.16, see also North Carolina Right to Life, Inc. v. Leake, 525 F.3d
274, 281 (4th Cir. 2008) (citing Buckley, 424 U.S. at 13).
41.
All law regulating political speech must comply with the First
Amendment, which provides that “Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; or abridging the
freedom of speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances.” See U.S.
Const., amend. I (1791).
42.
The First Amendment guards against overbreadth, and applies to the
states through the Fourteenth Amendment, regardless of whether it is through the
Due Process Clause or the Privileges and Immunities Clause. See Buckley, 424
U.S. at 80; see also Gitlow v. New York, 268 U.S. 652, 666 (1925) (freedom of
speech and freedom of the press); see also McDonald v. City of Chicago, 561 U.S.
742, __, 130 S.Ct. 3020, 3059, 3062-63 (2010) (Thomas, J., concurring in part and
concurring in the judgment).
43.
The Government’s power to regulate elections is an exception to the
norm of freedom of speech. See Citizens Against Rent Control v. City of Berkeley,
454 U.S. 290, 296-97 (1981). The power to regulate elections is also self-limiting.
To ensure that regulations are not “impermissibly broad,” Buckley establishes that
government may, subject to further inquiry, have the power to regulate donations
10
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 11 of 51
received and spending for political speech only when they are “unambiguously
related to the campaign of a particular ... candidate” in the jurisdiction in question,
or “unambiguously campaign related” for short. Buckley, 424 U.S. at 80-81. This
principle helps ensure that government regulates only speech that it has the “power
to regulate,” i.e., speech that government has a constitutional interest in regulating.
Leake, 525 F.3d at 281-82 (citing Buckley, 424 U.S. at 80). This principle is part of
the larger principle that law regulating political speech must not be
unconstitutionally overbroad. See Buckley, 424 U.S. at 80 (construing statute so
that its reach no impermissibly broad).
44.
It is axiomatic that “[t]he government’s authority to regulate in this
area extends only to money raised and spent for speech that is clearly election
related; ordinary political speech about issues, policy, and public officials must
remain unencumbered.” Wisconsin Right to Life v. Barland, 751 F.3d 804, 810-11
(7th Cir. 2014) (citing Buckley, 424 U.S. at 42-44, 78- 80).
45.
“[B]ecause political speech is at the core of the First Amendment
right, overbreadth and vagueness concerns loom large in this area, especially when
the regulatory scheme reaches beyond candidates, their campaign committees, and
political parties. To protect against an unconstitutional chill on issue advocacy by
independent speakers, Buckley held that campaign-finance regulation must be
precise, clear, and may only extend to speech that is ‘unambiguously related to the
11
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 12 of 51
campaign of a particular federal candidate.’” Id. at 811 (citing Buckley, 424 U.S. at
80). Further, “[b]ecause First Amendment freedoms need breathing space to
survive, government may regulate in [this] area only with narrow specificity.”
Buckley, 424 U.S. at 41 n. 48 (quoting NAACP v. Button, 371 U.S. 415, 433
(1963)).
46.
Most succinctly stated, “the First Amendment forbids the government
from regulating political expression that does not ‘in express terms advocate the
election or defeat of a clearly identified candidate.’” Barland, 751 F.3d at 811
(quoting Buckley, 424 U.S. at 44)
FIRST CLAIM FOR RELIEF
(The Tutvedt Mailing, and Similar Communications, are Not Express
Advocacy and Therefore are Not Subject to Regulation Under Montana’s
Election Statutes)
47.
NAGR re-alleges and incorporates by reference all allegations
contained in the preceding paragraphs.
48.
It is well-settled that political expression that does not advocate the
election or defeat of a clearly identified candidate may not be regulated. Id.
49.
The Tutvedt Mailing, and those like it, do not advocate for or against
any candidate but simply inform the public regarding the political positions of
individuals running for public office.
50.
Because these types of mailings do not expressly advocate for or
12
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 13 of 51
against any candidate, they are not subject to regulation under Montana’s election
statutes and cannot be deemed to be contributions or expenditures subject to
regulation.
51.
Pursuant to § 13-1-101 (9)(a), a contribution “. . . is anything of value
to support or oppose a candidate,” or an “expenditure, including an in-kind
expenditure, that is made in coordination with a candidate . . .” which is
“reportable by the candidate or ballot issue committee as a contribution.”
52.
§ 13-1-101 (17)(a) defines an expenditure as:
a purchase, payment, distribution, loan, advance, promise, pledge, or
gift of money or anything of value:
(i) made by a candidate or political committee to support or
oppose a candidate or a ballot issue; or
(ii) used or intended for use in making independent
expenditures or in producing electioneering communications.
(Emphasis Added).
53.
Violations of this statute may result in penalties and fines.
54.
The Commissioner has already stated that he intends to enforce these
statutes against NAGR, and others, for issue advocacy mailings like the Tutvedt
Mailing. See Summary of Facts and Findings of Sufficient Evidence to Show a
Violation of Montana’s Campaign Practices Act, attached hereto as Exhibit 2.
13
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 14 of 51
55.
NAGR reasonably fears that the Commissioner will use the above-
cited statutes to classify such mailings as contributions or expenditures and impose
penalties against NAGR if it publishes issue advocacy materials in Montana of the
kind depicted in Exhibit 1 without registering as political committee.
SECOND CLAIM FOR RELIEF
(Montana’s Regulations of “Electioneering Communications” Encompasses
Issue Advocacy And Is Substantially Overbroad Under the First Amendment
to the U.S. Constitution)
56.
NAGR re-alleges and incorporates by reference all allegations
contained in the preceding paragraphs.
57.
Section 13-1-101(15)(a), MCA, defines “electioneering
communication” as “a paid communication that is publicly distributed by radio,
television, cable, satellite, internet website, newspaper, periodical, billboard, mail,
or any other distribution of printed materials, that is made within 60 days of the
initiation of voting in an election, that does not support or oppose a candidate or
ballot issue, that can be received by more than 100 recipients in the district voting
on the candidate or ballot issue, and that: (i) refers to one or more clearly identified
candidates in that election; (ii) depicts the name, image, likeness, or voice of one or
more clearly identified candidates in that election; or (iii) refers to a political party,
ballot issue, or other question submitted to the voters in that election.”
58.
Groups that make electioneering communications are required to
14
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 15 of 51
register as political committees and comply with the numerous regulations, such
as: registration (§ 13-37-201(b), MCA), appointment of a campaign treasurer (§§
13-37-201 to -204, MCA), creation of a campaign depository, (§ 13-37-205,
MCA), record keeping requirements, (§§ 13-37-207, -208), and various reporting
requirements (§ 13-37-225 to 231, MCA); Rules 44.11.301 to 44.11.506, ARM.
59.
On their face, Montana’s regulations concerning “electioneering
communication” are so overbroad that they burden a substantial amount of
protected free speech when judged in relation to the statute’s plainly legitimate
sweep. See Barland, 751 F.3d at 836.
60.
These regulations therefore violate the First Amendment to the United
States Constitution as incorporated to apply to the States under the Fourteenth
Amendment.
61.
Violations of these statutes result in penalties and fines.
62.
NAGR reasonably fears that the Commissioner will enforce the
above-cited statutes and impose penalties against NAGR if it publishes issue
advocacy materials in Montana of the kind depicted in Exhibit 1 without
registering as political committee.
15
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 16 of 51
THIRD CLAIM FOR RELIEF
Montana’s Compelled Vote-Reporting Provision Violates the
First Amendment
63.
Plaintiff re-alleges and incorporates by reference all allegations
contained in the preceding paragraphs.
64.
Montana’s Compelled-Vote-Reporting Provision, § 13-35-225(3)(a),
MCA, requires printed election material that “includes information about another
candidate’s voting record” to also include the following: “(i) a reference to the
particular vote or votes upon which the information is based; (ii) a disclosure of all
votes made by the candidate on the same legislative bill or enactment; and (iii) a
statement, signed as provided in subsection (3)(b), that to the best of the signer’s
knowledge, the statements made about the other candidate’s voting record are
accurate and true.”
65.
Montana’s Compelled-Vote-Reporting Provision compels speakers
such as NAGR who publish issue advocacy material containing information about
a candidate’s voting record to also communicate additional information that they
would otherwise not communicate.
66.
Montana has no compelling interest in requiring speakers to
involuntarily convey information in their issue advocacy communications, nor is
the statute narrowly tailored.
67.
Montana’s Compelled-Vote-Reporting Provision therefore violates
16
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 17 of 51
the First Amendment to the United States Constitution as incorporated to apply to
the States under the Fourteenth Amendment.
68.
Violations of this statute may result in penalties and fines.
69.
NAGR reasonably fears that the Commissioner will enforce
Montana’s Compelled-Vote-Reporting Provision and regulations and impose
penalties against NAGR if it publishes issue advocacy materials in Montana of the
kind depicted in Exhibit 1 without including extraneous information concerning a
candidate’s voting record.
PRAYER FOR RELIEF
A.
A declaratory judgment that the Tutvedt Mailing is not express
advocacy and therefore not a contribution or expenditure subject to regulation
under Montana’s election statutes and that NAGR is not required to register as a
political committee.
B.
A declaratory judgment that §§ 13-1-101(15), as well as § 13-35-
225(3)(a), are unconstitutional on their face and as applied to NAGR’s proposed
communications;
C.
Preliminary and permanent injunctions enjoining Defendants and all
successors in office from enforcing all challenged provisions against NAGR.
D.
Costs and attorney fees pursuant to any applicable statute or authority.
17
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 18 of 51
E.
Any other relief this Court in its discretion deems just and appropriate.
REQUEST FOR JURY TRIAL
Plaintiff requests a jury trial as to all issues so triable.
DATED: March 18, 2016
/s/ Matthew G. Monforton
Matthew G. Monforton
Monforton Law Offices, PLLC
32 Kelly Court
Bozeman, Montana 59718
Telephone: (406) 570-2949
Facsimile: (406) 551-6919
Attorney for Plaintiff
18
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 19 of 51
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 20 of 51
EXHIBIT 1
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 21 of 51
EXHIBIT 1
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 22 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 23 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 24 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 25 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 26 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 27 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 28 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 29 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 30 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 31 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 32 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 33 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 34 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 35 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 36 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 37 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 38 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 39 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 40 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 41 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 42 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 43 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 44 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 45 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 46 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 47 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 48 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 49 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 50 of 51
EXHIBIT 2
Case 6:16-cv-00023-DLC Document 1 Filed 03/18/16 Page 51 of 51
EXHIBIT 2