May 28, 2019 VIA E-MAIL: eoclass@irs.gov IRS EO Classification Mail Code 4910DAL 1100 Commerce St. Dallas, TX 75242-1198 Re: Tax-Exempt Organization Complaint Against Susan B. Anthony List, Inc. (Referral) EIN: 54-1850126 Dear Sir or Madam: Campaign for Accountability (“CfA”)1 respectfully submits this Tax-Exempt Organization Complaint (Referral) and supporting documentation to the Internal Revenue Service (“IRS”) regarding the activities of Susan B. Anthony List, Inc. (EIN: 54-1850126), a tax-exempt organization under Section 501(c)(4) of the Internal Revenue Code of 1986, as amended (the “Code”). Form 13909 is enclosed with this letter. Background The original Susan B. Anthony List, Inc. was formed by Rachel MacNair and incorporated as a Minnesota nonprofit on August 12, 1992.2 Ms. MacNair, an anti-abortion Quaker activist, created the organization to be a counterweight to the pro-choice Emily’s List Political Action Committee (“PAC”).3 Ms. MacNair’s organization purportedly aimed to promote and support female anti-choice candidates from both main political parties. Filings submitted to the Federal Election Commission (“FEC”) indicate that the organization operated as a PAC in the 1994, 1996, and 1998 election cycles.4 1 CfA is a Code Section 501(c)(3) tax exempt organization (EIN:54-1850126) that serves as a non-partisan, nonprofit ethics watchdog. 2 Original Article of Incorporation available on file with and available from the Office of Minnesota Secretary of State. Accessible at https://mblsportal.sos.state.mn.us/Business/SearchDetails?filingGuid=c0e856d1-add4-e011-a886001ec94ffe7f#orderselected. 3 Emily’s List primarily supports female pro-choice candidates. See e.g., Kate Sheppard, Susan B. Anthony List Founder: Republicans Hijacked My PAC!, MOTHER JONES, (February 22, 2012), available at https://www.motherjones.com/politics/2012/02/susan-b-anthony-list-sharp-right-turn-rachel-macnair/. Unlike SBA List, Emily’s List is registered as a political organization; acknowledging that its “primary activity” is participation in political campaigns, and that it is subject to the rules of the Federal Election Campaign Act. 4 Susan B. Anthony List PAC, Inc. 1997-1998 Financial Summary, Federal Elections Commission, available at https://www.fec.gov/data/committee/C00280057/. IRS EO Classification SBA List Complaint May 28, 2019 Page 2 In 1993, shortly after Susan B. Anthony List’s original formation, Marjorie Dannenfelser, a Washington, D.C. based political operative, joined the organization as its executive director.5 At around the same time, another Washington, D.C. political operative, Jane Abraham, became the organization’s president. In 1996, Ms. MacNair entered a psychology PhD program and left the Susan B. Anthony List, Inc. under the direction and control of Ms. Dannenfelser and Ms. Abraham. Under the leadership of Ms. Dannenfelser and Ms. Abraham it appears that Susan B. Anthony List, Inc. was reorganized and relocated closer to Washington, D.C., and that the original Minnesota entity was abandoned. On April 21, 1997 the Minnesota-registered organization changed its name to the “Susan B. Anthony List PAC, Inc.” (hereinafter “SBA List PAC”),6 and less than a month later, on May 12, 1997, a Virginia corporation named the “Susan B. Anthony List, Inc.” (“SBA List”) was formed.7 SBA List PAC, the original entity, was involuntarily dissolved by the state of Minnesota on December 22, 1999 for failure to submit the required annual renewal reports after December 6, 1995, and remains inactive.8 When Ms. Dannenfelser and Ms. Abraham launched the “new and improved” SBA List in 1997 they created a tax-exempt social welfare organization organized under Internal Revenue Code Section 501(c)(4), rather than a political organization.9 The IRS approved SBA List’s 501(c)(4) tax-exempt status in 2001. At approximately the same time Ms. Dannenfelser and Ms. Abraham also created an affiliated Political Action Committee (“PAC”) called the Susan B. Anthony List Candidate Fund (“Candidate Fund PAC”) and in 1998 the Candidate Fund PAC filed its first report with the FEC.10 Although purportedly a social welfare organization, SBA List’s main objective has been supporting anti-choice candidates in elections at both the state and federal levels. In 1998 SBA List changed its endorsement criteria and began supporting male anti-choice candidates, even when they ran against pro-choice female candidates.11 In 2010, SBA List specifically targeted twenty anti-abortion Democratic candidates who represented “swing” districts, including women.12 Additionally, despite its initial intention of supporting anti-choice female candidates 5 See Marjorie Dannenfelser, Exotic Fruits of Grace, CRISIS MAGAZINE, (January 1, 1997), available at https://www.crisismagazine.com/1997/exotic-fruits-of-grace. 6 See Ex. A, (Amendment of Articles of Incorporation for Susan B. Anthony List, Inc., filed with the Minnesota Secretary of State, (Apr. 21, 1997)). 7 See Ex. B, (Certificate of Incorporation for Susan B. Anthony List, Inc., filed with the State Corporation Commission of the Commonwealth of Virginia, May 12, 1997). 8 See Ex. C, (Certificate of Involuntary Dissolution filed by the Minnesota Secretary of State, (Dec. 22, 1999)). 9 See History of SBA List, (Oct. 1, 2009), available at https://web.archive.org/web/20091001171130/http://www.sbalist.org/site/c.ddJBKJNsFqG/b.4137933/k.EEF4/History_of_SBA_List.htm. 10 Susan B. Anthony List Candidate Fund, Committee Filings with the Federal Elections Commission, available at https://www.fec.gov/data/committee/C00332296/?cycle=1998&tab=filings. 11 Monica Potts, Susan B. Anthony’s Hit List, THE AMERICAN PROSPECT, Feb. 15, 2012, available at https://prospect.org/article/susan-b-anthonys-hit-list. 12 Notably SBA List did not target other anti-abortion Democrats who represented non-swing districts. Id. IRS EO Classification SBA List Complaint May 28, 2019 Page 3 from both main political parties, over 99 percent of the 209 candidates that SBA List has endorsed for office since 2012 have been Republican.13 Under half have been women.14 SBA List operated from its Virginia headquarters from 1997 until 2010, when it relocated to Washington, D.C. Soon thereafter, in 2011, SBA List created a tax-exempt 501(c)(3) organization, the Charlotte Lozier Institute, to conduct “original and interpretive research” aimed at supporting anti-abortion arguments. In 2012, conservative hedge fund manager Sean Fieler joined the board of SBA List.15 Feiler is also chairman of, and a primary donor to, the tax-exempt organization American Principles Project (“APP”).16 APP was founded by Francis “Frank” Cannon, who resigned his position as SBA List Treasurer in 2012 in order to run APP. Mr. Cannon did not receive a salary from SBA List while the organization’s treasurer, but he now is compensated handsomely for his reported full-time work for the organization as a consultant. Robert Kania, who took over as SBA List treasurer when Mr. Cannon left, does not receive an SBA List salary.17 SBA List and APP share board members,18 collaborate on anti-abortion campaigns,19 and donate 13 See Appendix 1 (Party and Gender of SBA List Endorsed Candidates by Year). In at least three instances since 2012 SBA List has decided to endorse and/or fund a Republican candidate over an anti-abortion Democrat. Id. 14 Id. 15 SBA List Inc., IRS Form 990-EZ, 2012, filed on July 16, 2013, available at https://projects.propublica.org/nonprofits/display_990/541850126/2014_01_EO%2F54-1850126_990O_201212. 16 American Principles Project, IRS Form 990-EZ, 2017, filed on Oct. 11, 2018, available at https://projects.propublica.org/nonprofits/organizations/264613397/201802849349300610/IRS990. 17 See, e.g., SBA List’s FY 2012 Form 990, available at https://projects.propublica.org/nonprofits/display_990/541850126/2014_01_EO%2F54-1850126_990O_201212. Mr. Kania is the subject of a campaign finance complaint in Pennsylvania filed by Campaign for Accountability. Letter from Alice Huling, Counsel, Campaign for Accountability, to Stephen Zappala, Allegheny County District Attorney, and Alleghany County Board of Elections (Apr. 8, 2019), available at https://campaignforaccountability.org/wp-content/uploads/2019/04/Kania-Campaign-Finance-Complaint-4-819_.pdf. Shortly after the complaint was filed, Pennsylvania Governor Tom Wolf removed Mr. Kania from his position on the Allegheny County Port Authority Board. See Ed Blazina, After Transit Group’s Urging, Gov. Wolf Replaces Port Authority Board Member, PITTSBURGH POST-GAZETTE, April 11, 2019, available at https://www.postgazette.com/news/transportation/2019/04/11/Pittsburghers-for-Public-Transit-group-Gov-Wolf-replace-PortAuthority-board-member-robert-kania/stories/201904110081. On April 17, 2019 CfA called on the SBA List Inc.to remove Mr. Kania from their Board of Directors. Letter from Alice Huling, Counsel, Campaign for Accountability, to Marjorie Dannenfelser, President, Susan B. Anthony List, Inc., et al. (Apr. 17, 2019), available at https://campaignforaccountability.org/wp-content/uploads/2019/04/CfA-Letter-SBA-List-Kania-Board-4-17-19.pdf. On May 7, 2019 the Candidate Fund PAC submitted a new Statement of Organization to the Federal Election Commission removing Mr. Kania from his position as treasurer. See Susan B. Anthony List Inc., Candidate Fund, Statement of Organization, Federal Election Commission, May 7, 2019, available at http://docquery.fec.gov/cgibin/forms/C00332296/1329829/. 18 See Appendix 2 (Overlapping SBA List, APP, and American Principles Project Foundation Staff and Board Members by Year). 19 SBA List and APP, along with five other organizations, joined the Life and Marriage Coalition in 2012. See Brian Tashman, Religious Right Groups Launch the ‘Life and Marriage Coalition,’ RIGHT WING WATCH, Aug. 28, 2012, available at http://www.rightwingwatch.org/post/religious-right-groups-launch-the-life-and-marriage-coalition/. In 2014, SBA List contributed $400,000 to American Principles Project in Action, an APP affiliated PAC, for “general support.” See SBA List Inc., 2014 IRS Form 990, Schedule I Part II, filed Sept. 28, 2015, available at https://projects.propublica.org/nonprofits/display_990/541850126/2015_10_EO%2F54-1850126_990O_201412. In 2015, SBA List and APP, together, asked Republican presidential hopefuls to pledge to ban abortions after 20 weeks, IRS EO Classification SBA List Complaint May 28, 2019 Page 4 to the other organizations’ PACs.20 SBA List relocated its headquarters back to Arlington, Virginia in 2018, moving into an office suite adjacent to the APP offices.21 In 2012 SBA List also created a Super PAC called Women Speak Out PAC,22 which has become SBA List’s primary PAC.23 The Women Speak Out PAC’s board of directors consists of several SBA List officers, including SBA List President Ms. Dannenfelser, Executive Director Emily Buchanan, and Treasurer Mr. Kania, as well as SBA List board members Jane Abraham and Susan Hirschmann.24 SBA List created a fourth affiliated PAC, called the Susan B. Anthony List Action PAC, on October 4, 2018.25 Since its inception, SBA List’s organization has morphed from a single PAC overseen by the Federal Election Commission to a tax-exempt social welfare nonprofit linked to multiple political committees and other nonprofit organizations. It appears SBA List has abused its taxexempt status and committed several tax law violations. if elected. See David Weigel, Chris Christie Endorses Ban on Abortions After 20 Weeks, BLOOMBERG, Mar. 30, 2015, available at https://www.bloomberg.com/news/articles/2015-03-30/chris-christie-endorses-ban-on-abortions-after20-weeks. 20 Sean Fieler has made numerous contributions to the Women Speak Out PAC, one of SBA List’s affiliated Super PACs. See Appendix 3 (Sean Fieler Contributions to the Women Speak Out PAC). 21 See Ex. D, (Renewal Certificate of Registration filed with the State of Oklahoma Office of Secretary of State (Feb. 12, 2018)). 22 See Ex. E, (Women Speak Out PAC Statement of Organization filed with the Federal Election Commission (Sept. 28, 2012)). 23 Id. SBA List board member, Mr. Feiler, himself has donated over $500,000 directly to the Women Speak Out PAC since its organization in 2012. Sean Fieler contributed $75,000 in 2012. Sean Fieler’s Contributions to the Women Speak Out PAC, FEC 2011-2012 filings, (Oct. 11, 2012), available at https://www.fec.gov/data/receipts/?two_year_transaction_period=2012&c&data_type=processed&committee_id=C 00530766&contributor_name=FIELER,+SEAN&min_date=01%2F01%2F2011&max_date=12%2F31%2F2012; Sean Fieler contributed $385,946.12 in 2014. Sean Fieler’s Contributions to Women Speak Out PAC, FEC 2013-2014 filings, (July 9, 2014), available at https://www.fec.gov/data/receipts/?two_year_transaction_period=2014&c&data_type=processed&committee_id=C 00530766&contributor_name=FIELER,+SEAN&min_date=01%2F01%2F2013&max_date=12%2F31%2F2014; Sean Fieler contributed $75,000 to the Women Speak Out PAC in 2015. Sean Fieler’s Contributions to the Women Speak Out PAC, FEC 2015-2016, (Aug. 3, 2015) available at https://www.fec.gov/data/receipts/?two_year_transaction_period=2016&c&data_type=processed&committee_id=C 00530766&contributor_name=FIELER,+SEAN&min_date=01%2F01%2F2015&max_date=12%2F31%2F2016; 24 Women Speak Out PAC, 2018 Annual Report, Commonwealth of Virginia State Corporation Commission, July 31, 2018, available at https://sccefile.scc.virginia.gov/07805708/AnnualReport/218531207.pdf. 25 See Ex. F, (SBA List Action PAC Statement of Organization filed with the Federal Election Commission (Oct. 4, 2018)). IRS EO Classification SBA List Complaint May 28, 2019 Page 5 Alleged Violations SBA List Appears to Have Improperly Withheld Information from the IRS on its Form 1024 Application for Tax-Exempt Status The IRS recognized SBA List as a tax-exempt organization under section 501(c)(4) in 2001in response to SBA List’s September 1997 filing of a Form 1024, on which SBA List failed to provide complete and accurate information. First, Part II Line 3 of the Form 1024 required the organization to provide “information about [its] governing body,” specifically the names, addresses, titles, and annual compensation of its officers, directors, and trustees.26 SBA List named eight individuals: Marjorie Dannenfelser (chairman), Susan Hirschmann (vice chairman), Kate Hinton (secretary), Larry Ruggiero (treasurer), Susan Gibbs, Mary Hallan, Mike Hudome, and Susan Lataif.27 SBA List did not include titles for half of the identified individuals and failed to provide the annual compensation of any of the listed members of its governing body.28 Further, an SBA List brochure attached to the organization’s Form 1024 application identifies Jane Abraham as the organization’s President and Jennifer Bingham as its Executive Director.29 It appears that, as an officer and director, respectively, both of these women should have been identified as members of SBA List’s governing body, but neither was included. Second, Part II, Line 4 of the August 1997 Form 1024 stated: If the organization is the outgrowth or continuation of any form of predecessor, state the name of each predecessor, the period during which it was in existence, and the reasons for its termination. Submit copies of all papers by which any transfer of assets was effected [sic].30 SBA List wrote that this was “[n]ot applicable” to its application and did not provide any information regarding the Susan B. Anthony List, Inc. registered in Minnesota in 1992.31 Instead, SBA List claimed to have formed on May 12, 1997.32 Yet several of the SBA List solicitation letters and brochures attached to the organization’s Form 1024 application reference its 26 See Ex. G, at 10 (SBA List, Inc Authorization Letter of Tax Exempt Status Attaching Original Form 1024 Application, Form 1024 Part II(3), (Sept. 7, 1997)). 27 See id. at 14 (SBA List response to Form 1024, Part II(3), (Aug. 7, 1997)). 28 Id. 29 See id. at 22 (SBA List: Training Pro-Life Women in the Political Arena Brochure, (Aug. 7, 1997)). 30 See id. at 10 (SBA List Tax Exemption Application, Form 1024, Part II(4), (Sept. 7, 1997)). 31 See Ex. H, (Certification of Incorporation, filed with the State of Minnesota Secretary of State, (Aug. 12, 1992)). 32 See Ex. G, at 9 (SBA List. Application for Tax Exempt Status, Form 1024, Part II(5), (Aug. 7, 1997)). IRS EO Classification SBA List Complaint May 28, 2019 Page 6 “successes” from the 1994 and 1996 election cycles, which, necessarily, must have been achieved by the original, Minnesota-registered organization. 33 Further, many of the individuals listed as officers and board members on SBA List’s Form 1024 application also were involved with the original Minnesota-registered organization. For example, SBA List chairman, Marjorie Dannenfelser, served as executive director of the original Susan B. Anthony List.34 Similarly, SBA List president, Jane Abraham, also had been president of the original organization.35 In addition, according to SBA List’s 1997 solicitation letters, the Minnesota-based Susan B. Anthony List, Inc. raised over $313,000 in 1996.36 Based upon SBA List’s own literature discussing the 1996 fundraising efforts, it appears likely that SBA List may have succeeded to the assets and activities of the original Susan B. Anthony List, Inc. SBA List was required to provide copies of any documents relating to such a transfer in its application for tax-exempt status, but failed to do so. In sum, it appears SBA List is an “outgrowth or continuation” of its predecessor Susan B. Anthony List, Inc., yet in its application for tax-exempt status, SBA List omitted information identifying its predecessor organization or any assets transferred from it, while simultaneously coopting that predecessor’s accomplishments as its own. Third, Part II Line 5 of the August 1997 Form 1024 reads: If the applicant organization is now, or plans to be, connected in any way with any other organization, describe the other organization and explain the relationship (e.g., financial support on a continuing basis; shared facilities or employees; same officers, directors, or trustees).37 In response, SBA List wrote simply “SBA List plans to have an internal political action committee (PAC).”38 Indeed, on January 8, 1998 SBA List filed a Statement of Organization for 33 “During the past two elections, the SBA List’s political committee helped ten pro-life women get elected to the U.S. House of Representatives.” See id. at 23, (SBA List Candidate Information Letter (July 31, 1999)); “In 1996, with our members’ support, we increased our membership 350% from 1,000 to 3,500.” See id. at 25 (SBA List “Bash on Capitol Hill” Invitation Letter, (Aug.15, 1997)); “During the past two elections, ten pro-life women were elected to the U.S. House of Representatives. . . In 1996 alone Susan B. Anthony List’s political committee increased its membership 350% to 3,500 and we raised over $313,000, an increase of 525% from the previous year.” See id. at 31, (SBA List Fundraising Letter (Aug. 27, 1997)). 34 See Marjorie Dannenfelser, Exotic Fruits of Grace, CRISIS MAGAZINE, (January 1, 1997), available at https://www.crisismagazine.com/1997/exotic-fruits-of-grace. 35 See Ex. A, (Amendment of Articles of Incorporation, filed with the State of Minnesota Secretary of State (Apr. 21, 1997)). 36 See Ex. G, at 23 (SBA List Candidate Information Letter (July 31, 1999)). 37 See id. at 10 (SBA List Tax Emption Application, Form 1024, Part II(5), (Aug. 7, 1997)). 38 See id. at 14 (SBA List Response to Form 1024, Part II(5), (Aug. 7, 1997)). IRS EO Classification SBA List Complaint May 28, 2019 Page 7 an affiliated PAC called Susan B. Anthony List Candidate Fund.39 It appears that once formed the Candidate Fund PAC shared the same president, Ms. Abraham, and the same Alexandria, Virginia mailing address with SBA List. None of this was disclosed to the IRS. Further, in April 1997, less than a month before SBA List was formed, Ms. Abraham signed paperwork to change the name of the original Minnesota-based Susan B. Anthony List, Inc. to “Susan B. Anthony List PAC, Inc.” SBA List did not identify the Susan B. Anthony List PAC as a connected or affiliated organization on its Form 1024, and in fact failed to describe SBA List’s relationship with the PAC in any way. Fourth, Part II Line 15 of the August 1997 Form 1024 reads: Has the organization spent or does it plan to spend any money attempting to influence the selection, nomination, election, or appointment of any person to any Federal, state, or local public office or to an office in a political organization? If “Yes,” explain in detail and list the amounts spent or to be spent in each case.40 SBA List checked the “No” box, indicating it had not and did not plan to spend money influencing any elections. An SBA List brochure attached to the organization’s Form 1024 application, however, includes quotes from five Republican members of Congress describing how SBA List has helped them and other anti-abortion candidates win elections.41 Another attachment, an SBA List fundraising letter that also was attached to the organization’s Form 1024 application stated its “pro-life women legislators will host a reception for the Susan B. Anthony List, a 501(c)(4) membership organization dedicated to helping elect pro-life women candidates to the US House and Senate” and explained “[t]he purpose of the reception is to raise much needed funds to help the Susan B. Anthony List prepare for the 1998 Election cycle.”42 Therefore, it is clear that contrary to SBA List’s claim on its Form 1024, the organization had spent money and planned to continue spending money to influence elections. SBA List’s Primary Purpose Appears to be Directly and Indirectly Supporting Political Activity Ms. Dannenfelser and Ms. Abraham’s re-organization of SBA List from the original Minnesota-registered organization to the Virginia-registered one appears to have been part of a 39 See id. at 11 (SBA List Tax Exemption Application, Form 1024, Part II(5), (Aug. 7, 1997)); See Ex. [. ] (SBA List Candidate Fund Statement of Organization filed with the Federal Election Commission (Jan. 7, 1998)). 40 See Ex. G, at 11 (SBA List Tax Exemption Application, Form 1024, Part II (15), (Aug. 7, 1997)). 41 See id. at 21 (SBA List: Training Pro-Life Women in the Political Arena Brochure, (Aug. 7, 1997)). 42 See id. at 31, (SBA List Fundraising Letter signed by Jane Abraham (Aug. 27, 1997). IRS EO Classification SBA List Complaint May 28, 2019 Page 8 concerted effort to obtain tax-exempt status under section 501(c)(4). Yet it appears that even after its re-organization the primary purpose of SBA List continued to be engagement in political campaign activity, and that the new organization’s activities were not meaningfully different from those of its predecessor, which was organized as a PAC.43 A section 501(c)(4) organization may participate in political activities provided that those activities are not the primary purpose of the organization.44 In determining whether a particular activity is political campaign activity, the IRS will look at all relevant facts and circumstances.45 Accordingly, some activities that are not regulated under state or federal campaign finance law may be still be considered to be political campaign activities under the Code. Factors that the IRS will considering whether an activity should be treated as political campaign activity include: • • • • is an individual identified in her capacity as a candidate instead of as a public official; does the activity occur during an electoral campaign, targeted at voters in a particular election; does it identify a candidate’s position on a public policy issue that has been raised during the campaign to distinguish the candidate from others; and, is it not part of an ongoing advocacy campaign on public policy issues.46 The limitation on political activity is implicit in the statutory requirement that a section 501(c)(4) organization must be “operated exclusively for the promotion of social welfare” and that political activity is not promoting social welfare.47 IRS regulations state that “operated exclusively” means “primarily engaged in” but no exact percentage or test has been provided to determine when an organization may be found to operating with a political purpose instead of one for the betterment of social welfare. While “primarily” suggests that political activity must at least be less than 50 percent, it may be an even a lower percentage depending on the particular facts and circumstances of an organization’s activities. Moreover, direct political expenditures are only one factor to consider and are likely to be an indication of additional, unreported political activities. Within the meaning of section 501(c)(4), the 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.48 The “About” section of the SBA List website, however, describes its mission as explicitly political: “SBA List’s mission is to end abortion by electing 43 The original Susan B. Anthony List, Inc. operated as the Susan B. Anthony List PAC, Inc. in the 1994, 1996, and 1998 election cycles. Susan B. Anthony List PAC Inc., Federal Election Commission Filings through 1998, available at https://classic.fec.gov/finance/disclosure/metadata/metadata_pac_pty_report_summary.shtml. 44 Treas. Reg. § 1.501(c)(4)-1(a)(2). 45 Rev. Rul. 2004-6 I.R.B. (Jan. 26, 2004). See also Rev. Rul. 2007-41, 2007-25 I.R.B. (June 18, 2007) (discussing what is “political” activity under the Code in the context of prohibited activities by a section 501(c)(3) organization). 46 Rev. Rul. 2004-6 I.R.B. (Jan. 26, 2004). 47 Treas. Reg. § 1.501(c)(4)-1(a)(2)(ii). 48 26 C.F.R. § 1.501(c)(4)-1(a)(2)(ii). IRS EO Classification SBA List Complaint May 28, 2019 Page 9 national leaders and advocating for laws that save lives, with a special calling to promote pro-life women leaders.”49 The SBA List further clarifies: “We combine politics with policy. . .”50 Furthermore, immediately below these statements, SBA List includes a video entitled “Susan B. Anthony List Ground Game: Winning,” which opens with a screen crawl reading: In the last three elections Susan B. Anthony List has gone on offense to win a pro-life Senate a pro-life White House and a pro-life Supreme Court through the largest grassroots campaign in the history of the pro-life movement. . . .51 The video continues to explain SBA List’s political campaign activities in greater detail, and specifically includes voter canvassing information and calls for members to vote for or against specific named political candidates for public office.52 Of particular note, none of these political campaign activities or political mission are attributed to any PAC or other 527 political organization affiliated with SBA List. The website expressly ascribes the political mission and activities to SBA List, a social welfare section 501(c)(4) organization – not a political organization.53 Further, according to figures provided on SBA List’s annual Forms 990, in election years SBA List’s political expenditures frequently exceed 30 percent of the organization’s annual expenditures, and have reached as high as 42 percent. Additionally, these reported amounts likely do not include political activities that are not required to be included on a campaign finance report. Political campaign expenditures that explicitly make up a third or more of an organization’s total expenses, specifically in election years, appear to indicate that engagement in political activity continues to be the organization’s primary purpose. 49 About Susan B.Ap Anthony List, (last accessed May 8, 2019), available at https://www.sba-list.org/about-susan-banthony-list. 50 Id. 51 Video available at https://www.youtube.com/watch?v=OAc_P2_lrPg. Published on SBA List’s YouTube account on December 18, 2018. 52 Id. 53 Treas. Reg. Section 1.501(c)(4)-1(a)(2). IRS EO Classification SBA List Complaint May 28, 2019 Page 10 A B C D E F Year Political expenditures by SBA List as reported on Form 99054 (aka SBA List’s direct political expenditures) Transfers by SBA List to other organizations for political expenditures as reported on Form 99055 (aka SBA List’s indirect political expenditures) Total political campaign expenditures (Column B plus Column C) Total expenses reported on Form 99056 Political campaign expenditures as a percent of total expenses 2016 $632,549 $402,000 $1,034,549 $8,114,611 12.75% 2015 $0 $500,000 $500,000 $6,124,741 8.16% 2014 $736,834 $1,575,109 $2,311,943 $7,688,369 30.07% 2013 $34,382 $247,348 $281,730 $3,903,209 7.22% 2012 $1,994,718 $426,730 $2,421,448 $5,736,973 42.21% 2011 $4,936 $10,000 $14,936 $3,531,134 0.42% 2010 $2,239,557 $4,500 $2,244,057 $7,000,004 32.06% Similarly, while donations to SBA List ebb and flow year to year, the donations received by SBA List consistently rise significantly in election years. This may indicate that the message communicated in SBA List’s fundraising activities is that donations will support a political purpose. Moreover, the organizations’ donors may be much more likely to value and monetarily support SBA List’s work during election years, further indicating that political campaign activity continues to be SBA List’s primary purpose. 54 Amounts directly expended by SBA List and treated as Section 527 (political organization) exempt function activities (IRS Form 990, Schedule C, Part I-C, Line 1). 55 Amounts contributed to other organizations and treated as Section 527 (political organization) exempt function activities (IRS Form 990, Schedule C, Part I-C, Line 2). 56 SBA List, Inc. IRS Form 990 from 2010 through 2016, Part I (18), available at https://projects.propublica.org/nonprofits/organizations/541850126. IRS EO Classification SBA List Complaint May 28, 2019 Page 11 Year Election Year Contributions and Grants Percentage Change from Prior Year 2016 Yes $8,664,61557 55.7% 2015 No $5,563,96058 -31.3% 2014 Yes $8,095,90059 95.8% 2013 No $4,134,09660 -28.0% 2012 Yes $5,740,48061 53.% 2011 No $3,738,89162 -45.7% 2010 Yes $6,884,82563 N/A In addition to its own direct political expenditures, SBA List has at least four affiliated PACs: (i) Susan B. Anthony List Inc. PAC,64 (ii) Susan B. Anthony List Inc. Candidate Fund PAC,65 (iii) Women Speak Out PAC,66 and (iv) Susan B. Anthony List Action PAC.67 Women 57 SBA List, Inc., 2016 IRS Form 990, Part I (8), available at https://projects.propublica.org/nonprofits/organizations/541850126/201712369349301206/IRS990. 58 SBA List, Inc., 2015 IRS Form 990, Part I (8), available at https://projects.propublica.org/nonprofits/display_990/541850126/2017_02_EO%2F54-1850126_990O_201512. 59 SBA List, Inc., 2014 IRS Form 990, Part I (8), available at https://projects.propublica.org/nonprofits/display_990/541850126/2015_10_EO%2F54-1850126_990O_201412. 60 SBA List, Inc., 2013 IRS Form 990, Part I (8), available at https://projects.propublica.org/nonprofits/display_990/541850126/2014_11_EO%2F54-1850126_990O_201312. 61 SBA List, Inc., 2012 IRS Form 990, Part I (8), available at https://projects.propublica.org/nonprofits/display_990/541850126/2014_01_EO%2F54-1850126_990O_201212. 62 SBA List, Inc., 2011 IRS Form 990, Part I (8), available at https://projects.propublica.org/nonprofits/display_990/541850126/2012_07_EO%2F54-1850126_990O_201112. 63 SBA List, Inc., 2010 IRS Form 990, Part I (8), available at https://projects.propublica.org/nonprofits/display_990/541850126/2011_07_EO%2F54-1850126_990O_201012. 64 This PAC is the original Susan B. Anthony List, Inc. that was renamed on April 21, 1997. This PAC is no longer active, and the organization was involuntarily dissolved by the state of Minnesota on December 22, 1999 for failure to submit the required annual renewal reports after December 6, 1995. Susan B. Anthony List PAC Inc., Federal Election Commission Filings through 1998, available at https://classic.fec.gov/finance/disclosure/metadata/metadata_pac_pty_report_summary.shtml; See Ex. C, (Certificate of Involuntary Dissolution filed by the Minnesota Secretary of State, (Dec. 22, 1999)). 65 This PAC was created on January 7, 1998. Susan B. Anthony List Inc. Candidate Fund PAC, Statement of Organization, available at http://docquery.fec.gov/pdf/810/98032582810/98032582810.pdf. 66 This PAC was created on September 19, 2012. Women Speak Out Super PAC, Statement of Organization, available at http://docquery.fec.gov/pdf/180/12030891180/12030891180.pdf. 67 This PAC was created on October 4, 2018. Susan B. Anthony List Action Super PAC, Statement of Organization, available at http://docquery.fec.gov/pdf/255/201810049124287255/201810049124287255.pdf. IRS EO Classification SBA List Complaint May 28, 2019 Page 12 Speak Out PAC and Susan B. Anthony List Action PAC are Super PACs68 that can receive contributions from SBA List. Susan B. Anthony List Inc. Candidate Fund PAC is a traditional PAC that may contribute to or coordinate directly with parties or candidates but cannot receive contributions directly from SBA List. The Susan B. Anthony List Inc. PAC was dissolved in 1999. There is significant overlap between the directors, officers, and contact information for SBA List and its affiliated PACs, which all share a headquarter. See Appendix 1 for complete listing of organizational overlap between SBA List and its affiliated groups. SBA List’s most active Super PAC, the Women Speak Out PAC, has spent over $8 million on elections since its formation in 2012.69 SBA List’s contributions to its Women Speak Out PAC, which total over $3.6 million, account for almost half of the committee’s total political disbursements.70 68 Letter from the Women Speak Out PAC to the Federal Election Commission, Re: Form 1, Statement of Organization - Unlimited Contributions, available at http://docquery.fec.gov/pdf/180/12030891180/12030891180.pdf; Susan B. Anthony List Action Super PAC, Statement of Organization at 5 (Oct. 4, 2018) , available at http://docquery.fec.gov/pdf/255/201810049124287255/201810049124287255.pdf. 69 Total Disbursements by Women Speak Out PAC, Federal Election Commission, available at https://www.fec.gov/data/committee/C00530766/?tab=filings&cycle=2012. 70 Total Individual Contributions from Susan B. Anthony List Inc to the Women Speak Out PAC, Federal Election Commission, available at https://www.fec.gov/data/individualcontributions/?+two_year_transaction_period=2012&two_year_transaction_period=2018&committee_id=C005307 66&contributor_name=SUSAN+B+ANTHONY+LIST&min_date=01%2F01%2F2017&max_date=12%2F31%2F2 018. IRS EO Classification SBA List Complaint May 28, 2019 Page 13 Two-Year Period Ending: Total Federal Disbursements by Women Speak Out According to FEC filings Contributions from SBA List to Women Speak Out According to FEC filings Contributions from SBA List to Women Speak Out According to IRS filings Dec. 31, 2018 $1,461,399.5571 $87,571.1372 Not yet available Dec. 31, 2016 $1,913,396.9573 $991,682.4374 $900,00075 Dec. 31, 2014 $3,810,901.3076 $1,836,290.5077 $1,819,95778 Dec. 31, 2012 $907,077.8379 $407,20080 $407,30081 SBA List’s contributions to its affiliated PACs constitute indirect participation in political campaigns. Although there are no numerical guidelines as to the precise level of political campaign activity that would be impermissible for a 501(c)(4) organization, the IRS’s creation of a 71 Women Speak Out Super PAC, 2017-2018 Financial Summary, Federal Election Commission, available at https://www.fec.gov/data/committee/C00530766/?cycle=2018. 72 SBA List Inc., contributions to Women Speak Out PAC, Transaction Time Period of 2017-2018, Federal Election Commission, available at https://www.fec.gov/data/receipts/?two_year_transaction_period=2018&data_type=processed&committee_id=C005 30766&contributor_name=SUSAN+B+ANTHONY+LIST,+INC&min_date=01%2F01%2F2017&max_date=12%2 F31%2F2018. 73 Women Speak Out Super PAC, 2015-2016 Financial Summary, Federal Election Commission, available at https://www.fec.gov/data/committee/C00530766/?cycle=2016. 74 SBA List Inc., contributions to Women Speak Out PAC, Transaction Time Period of 2015-2016, Federal Election Commission, available at https://www.fec.gov/data/receipts/?two_year_transaction_period=2016&data_type=processed&committee_id=C005 30766&contributor_name=Susan&min_date=01%2F01%2F2015&max_date=12%2F31%2F2016. 75 Susan B. Anthony List Inc. contributed $500,000 in 2015 and $400,000 in 2016. SBA List, 2015 IRS Form 990, available at https://projects.propublica.org/nonprofits/display_990/541850126/2017_02_EO%2F541850126_990O_201512; SBA List, Inc., 2016 IRS Form 990, (Schedule C), available at https://projects.propublica.org/nonprofits/organizations/541850126/201712369349301206/IRS990ScheduleC. 76 Women Speak Out Super PAC, 2013-2014 Financial Summary, Federal Election Commission, available at https://www.fec.gov/data/committee/C00530766/?cycle=2014. 77 SBA List Inc., contributions to Women Speak Out PAC, transaction Time Period of 2013-2014, Federal Election Commission, available at https://www.fec.gov/data/receipts/?two_year_transaction_period=2014&data_type=processed&committee_id=C005 30766&contributor_name=Susan&min_date=01%2F01%2F2013&max_date=12%2F31%2F2014. 78 SBA List Inc. contributed $244,848 in 2013 and $1,575,109 in 2014. SBA List 2013 Form 990, available at https://projects.propublica.org/nonprofits/display_990/541850126/2014_11_EO%2F54-1850126_990O_201312; SBA List Inc., 2014 IRS Form 990, available at https://projects.propublica.org/nonprofits/display_990/541850126/2015_10_EO%2F54-1850126_990O_201412. IRS EO Classification SBA List Complaint May 28, 2019 Page 14 streamlined application option available to certain section 501(c)(4) applicant organizations offers some indication of acceptable spending and activity levels. Organizations can receive 501(c)(4) status more quickly if they can certify: (i) they devote 60 percent or more of their spending and time on activities that promote social welfare, and (ii) political campaign intervention consumes 40 percent or less of both their spending and time.82 SBA List cannot make such a certification, especially during election years. In total, SBA List’s direct political campaign expenditures, indirect contributions to its PACs, and other associated expenses that make these political expenditures possible, appear so significant that SBA List does not operate primarily for the promotion of social welfare. Instead, a facts and circumstances analysis likely will demonstrate that a political purpose is the primary motivation behind: • • • • the reason for and manner in which SBA List conducts its activities; how SBA List uses its resources; the time devoted to activities by SBA List employees and volunteers; and, the amount of funds received for and devoted to particular activities.83 SBA List Does Not Accurately Report its Political Campaign Activity to the IRS, the FEC, or Potentially Both Neither the total political campaign expenditures nor the direct political spending (excluding transfers to other groups) reported on SBA List’s Form 990, Schedule Cs match the figures SBA List has reported to the FEC. Neither do the amounts reported on the Schedule Cs match the amounts SBA List has reported to the FEC as direct political campaign spending when it engaged in independent expenditures in its own name.84 79 Women Speak Out Super PAC, 2011-2012 Financial Summary, Federal Election Commission, available at https://www.fec.gov/data/committee/C00530766/?cycle=2012 80 Susan B. Anthony List Inc. contributions to Women Speak Out PAC, Transaction Time Period of 2011-2012, Federal Election Commission, available at https://www.fec.gov/data/receipts/?two_year_transaction_period=2012&data_type=processed&committee_id=C005 30766&contributor_name=susan&min_date=01%2F01%2F2011&max_date=12%2F31%2F2012. 81 Susan B. Anthony List Inc. contributed $407,300 in 2012. SBA List Inc., 2012 IRS Form 990, available at https://projects.propublica.org/nonprofits/display_990/541850126/2014_01_EO%2F54-1850126_990O_201212. 82 IRS Fact Sheet 2013-8, IRS Offers New Streamlined Option to Certain 501(c)(4) Groups Caught in Application Backlog, June 2013 (FS 2013-8, 06/24/2013). 83 See the factors outlined in Priv. Ltr. Rul. 201224034 (March 21, 2012) (finding that a section 501(c)(4) organization had failed to establish that its primary activity was not political). 84 SBA List’s website indicates that SBA List is involved not only in federal campaigns, but also in state campaigns.84 Thus, the numbers reported to the FEC may not capture all of SBA List’s political activities because only federal campaign expenditures are reported to the FEC. In years when SBA List’s political expenditures reported to the IRS exceed those reported to the FEC, expenditures on state campaigns may explain a portion of the difference. IRS EO Classification SBA List Complaint May 28, 2019 Page 15 A B C D E Two-year FEC Reporting Period Total political expenditures by SBA List (including all transfers to other organizations) as reported on Form 990 Political expenditures by SBA List (excluding any transfers to other organizations) as reported on Form 990 Total Independent Expenditures by SBA List, according to the FEC Difference in SBA List’s direct political expenditures reported to IRS and FEC (column C total minus column D) 2009-2010 2011-2012 85 2009 (Form left blank)85 (Form left blank)86 2010 $2,244,05787 $2,239,55788 Total $2,244,057 $2,237,557 2011 $14,93690 $4,93691 2012 $2,421,44893 $1,994,71894 Total $2,436,384 $1,999,654 $1,718,841.8089 $518,715 $1,547,146.8192 $452,507 SBA List Inc., 2009 IRS Form 990, Schedule C, available https://projects.propublica.org/nonprofits/display_990/541850126/2010_08_EO%2F54-1850126_990O_200912. 86 SBA List Inc., 2009 IRS Form 990, Schedule C, available https://projects.propublica.org/nonprofits/display_990/541850126/2010_08_EO%2F54-1850126_990O_200912. 87 SBA List Inc., 2010 IRS Form 990, Schedule C Part I-A (2), available https://projects.propublica.org/nonprofits/display_990/541850126/2011_07_EO%2F54-1850126_990O_201012. 88 SBA List Inc., 2010 IRS Form 990, Schedule C Part I-C (1), available https://projects.propublica.org/nonprofits/display_990/541850126/2011_07_EO%2F54-1850126_990O_201012. 89 SBA List Inc., 2009-2010 Financial Summary, Federal Election Commission, available https://www.fec.gov/data/committee/C90011313/?cycle=2010. 90 SBA List Inc., 2011 IRS Form 990, Schedule C Part I-A(2), available https://projects.propublica.org/nonprofits/display_990/541850126/2012_07_EO%2F54-1850126_990O_201112. 91 SBA List Inc., 2011 IRS Form 990, Schedule C Part I-C(1), available https://projects.propublica.org/nonprofits/display_990/541850126/2012_07_EO%2F54-1850126_990O_201112. 92 SBA List Inc., 2011-2012 Financial Summary, Federal Election Commission, available https://www.fec.gov/data/committee/C90011313/?cycle=2012. 93 SBA List Inc., 2012 IRS Form 990, Schedule C Part I-A(2), available https://projects.propublica.org/nonprofits/display_990/541850126/2014_01_EO%2F54-1850126_990O_201212. 94 SBA List Inc., 2012 IRS Form 990, Schedule C Part I-C(1), available https://projects.propublica.org/nonprofits/display_990/541850126/2014_01_EO%2F54-1850126_990O_201212. at at at at at at at at at at IRS EO Classification SBA List Complaint May 28, 2019 Page 16 2013-2014 2015-2016 2013 $281,73095 $34,38296 2014 $2,311,94398 $736,83499 Total $2,593,673 $771,216 2015 $500,000100 2016 $1,034,549103 Total $1,534,549 $469,958.7197 $301,257 $756,165.52102 - $123,617 $0101 $632,549104 $632,549 Even contributions that SBA List purports to have made to specific entities and detailed in its reports to the IRS and FEC do not match. For example, SBA List itemized its contributions to its Women Speak Out PAC on both its Forms 990s and its FEC filings, but the amounts of political 95 SBA List Inc., 2013 IRS Form 990, Schedule C Part I-A(2), available https://projects.propublica.org/nonprofits/display_990/541850126/2014_11_EO%2F54-1850126_990O_201312. 96 SBA List Inc., 2013 IRS Form 990, Schedule C Part I-C(1), available https://projects.propublica.org/nonprofits/display_990/541850126/2014_11_EO%2F54-1850126_990O_201312. 97 SBA List Inc., 2013-2014 Financial Summary, Federal Election Commissions, available https://www.fec.gov/data/committee/C90011313/?cycle=2014. 98 SBA List Inc., 2014 IRS Form 990, Schedule C Part I-A(2), available https://projects.propublica.org/nonprofits/display_990/541850126/2015_10_EO%2F54-1850126_990O_201412. 99 SBA List Inc., 2014 IRS Form 990, Schedule C Part I-C(1), available https://projects.propublica.org/nonprofits/display_990/541850126/2015_10_EO%2F54-1850126_990O_201412. 100 SBA List Inc., 2015 IRS Form 990, Schedule C Part I-A(2), available https://projects.propublica.org/nonprofits/display_990/541850126/2017_02_EO%2F54-1850126_990O_201512. 101 SBA List Inc., 2015 IRS Form 990, Schedule C Part I-C(1), available https://projects.propublica.org/nonprofits/display_990/541850126/2017_02_EO%2F54-1850126_990O_201512. 102 SBA List Inc., 2015-2016 Financial Summary, Federal Election Commission, available https://www.fec.gov/data/committee/C90011313/?cycle=2016. 103 SBA List Inc., 2016 IRS Form 990, Schedule C Part I-A(2), available https://projects.propublica.org/nonprofits/organizations/541850126/201712369349301206/IRS990ScheduleC. 104 SBA List Inc., 2016 IRS Form 990, Schedule C Part I-C(1), available https://projects.propublica.org/nonprofits/organizations/541850126/201712369349301206/IRS990ScheduleC. at at at at at at at at at at IRS EO Classification SBA List Complaint May 28, 2019 Page 17 expenditures reported to the FEC do not equal the figures reported to the IRS, as summarized in the following table: Year Contributions from SBA List to Women Speak Out PAC on Form 990, Schedule C105 Contributions from SBA List to Women Speak Out PAC, as reported to the FEC Discrepancy 2012 $407,300 $407,200106 $100 2013 $244,848 $0107 $244,848 2014 $1,575,109 $1,835,791108 -$260,682 2015 $500,000 $500,000109 $0 2016 $400,000 $491,682110 -$91,682 Under applicable federal income tax reporting requirements, all “direct and indirect political campaign activities” must be reported on an organization’s Form 990, Schedule C.111 Under applicable FEC reporting requirements, whenever a person, inclusive of organizations but 105 SBA List Inc., 2012-2016 IRS Form 990, Schedule C, Part I-C(5), available at https://projects.propublica.org/nonprofits/organizations/541850126 106 Women Speak Out PAC, 2012 Individual Contributions, Federal Election Commission, available at https://www.fec.gov/data/individualcontributions/?+two_year_transaction_period=2012&two_year_transaction_period=2012&committee_id=C005307 66&contributor_name=SUSAN+B+ANTHONY+LIST&min_date=01%2F01%2F2012&max_date=12%2F31%2F2 012. 107 According to the Federal Election Commission database, Susan B. Anthony List Inc did not contribute to Women Speak Out PAC in 2013. Women Speak Out PAC, 2014 Individual Contributions, Federal Election Commission, available at https://www.fec.gov/data/individualcontributions/?+two_year_transaction_period=2012&two_year_transaction_period=2014&committee_id=C005307 66&contributor_name=SUSAN+B+ANTHONY+LIST&min_date=01%2F01%2F2014&max_date=12%2F31%2F2 014. 108 Women Speak Out PAC, 2014 Individual Contributions, Federal Election Commission, available at https://www.fec.gov/data/individualcontributions/?+two_year_transaction_period=2012&two_year_transaction_period=2014&committee_id=C005307 66&contributor_name=SUSAN+B+ANTHONY+LIST&min_date=01%2F01%2F2014&max_date=12%2F31%2F2 014. 109 Women Speak Out PAC, 2015 Individual Contributions, Federal Election Commission, available at https://www.fec.gov/data/individualcontributions/?+two_year_transaction_period=2012&two_year_transaction_period=2016&committee_id=C005307 66&contributor_name=SUSAN+B+ANTHONY+LIST&min_date=01%2F01%2F2015&max_date=12%2F31%2F2 015. IRS EO Classification SBA List Complaint May 28, 2019 Page 18 excluding political committees, makes independent expenditures aggregating over $250 with respect to a given election in a calendar year, the entity is required to submit FEC Form 5 and report, among other things, the identity of the person to whom the expenditure was made along with the amount, date, and purpose of each expenditure.112 Given the parallel requirements to report political campaign expenditures to both the IRS and the FEC, the amount of political spending reported by SBA List to the two agencies should have been the same. SBA List Has Failed to Properly Disclose its Business Transactions with Certain Interested Persons in Violation of Prohibitions on Private Inurement Section 501(c)(4) organizations’ net earnings cannot inure to the benefit of a private shareholder or individual.113 To ensure no private inurement, organizations are required to disclose transactions with certain covered individuals on their Form 990s, including: (a) current or former officers, directors, trustees, or key employees, (b) family members of any of the foregoing, or (c) entities in which any of the foregoing serve as officers, directors, trustees, or direct or indirect owners (collectively, “Interested Persons”).114 Prior to 2013, SBA List annually disclosed one series of business transactions: annual payments ranging from $5,000 to $96,305 made by SBA List to Capital City Partners, a for-profit public affairs company partially owned by SBA List’s then-serving treasurer, Francis “Frank” Cannon.115 Since 2012, however, SBA List has answered “no” in response to Form 990, Part IV, 110 Women Speak Out PAC, 2016 Individual Contributions, Federal Election Commission, available at https://www.fec.gov/data/individualcontributions/?+two_year_transaction_period=2012&two_year_transaction_period=2016&committee_id=C005307 66&contributor_name=SUSAN+B+ANTHONY+LIST&min_date=01%2F01%2F2016&max_date=12%2F31%2F2 016. 111 Instructions for schedule C (Form 990 or 990-EZ), Internal Revenue Service, 2018l available at https://www.irs.gov/pub/irs-pdf/i990sc.pdf. 112 Instructions for Preparing FEC Form 5 (Report of Independent Expenditures Made and Contributions Received to be Used by Persons Other Than Political Committees), Federal Election Commission, (Revised Sept. 2013), available at https://www.fec.gov/resources/cms-content/documents/fecfrm5i.pdf. 113 Code § 501(c)(4)(B). This prohibition on private inurement effectively represents an extension of the Code Section 501(c)(3) private inurement rule to Code Section 501(c)(4) organizations. Committee Report for House Report No. 104-506 (P.L. 104-168), pp. 52-53 ("To ensure that the advantages of tax-exempt status ultimately benefit the community and not private individuals, the bill extends the present-law section 501(c)(3) private inurement prohibition to nonprofit organizations described in section 501(c)(4) and provides for intermediate sanctions that may be imposed when nonprofit organizations described in section 501(c)(3) or 501(c)(4) engage in transactions with certain insiders that result in private inurement. The bill also enhances the oversight and public accountability of nonprofit organizations through additional reporting of information by nonprofit organizations to the Internal Revenue Service (IRS) and increased public access to documents filed by such organizations with the IRS.") 114 See IRS Form 990, Part IV, Line 28; see also IRS Form 990, Schedule L. 115 The disclosed transactions were as follows: • In 2012, SBA List paid $196,305 to Capital City Partners for consulting services; • In 2011, SBA List paid $145,096 to Capital City Partners for consulting services; IRS EO Classification SBA List Complaint May 28, 2019 Page 19 Line 28(a), (b), and (c) and has not attached a Schedule L disclosing any such business transactions. In fact, SBA List should have indicated it had disclosures to report and should have attached Schedule L disclosures. SBA List engaged in, but failed to report, the following business transactions: 1. On its 2017 Form 990, SBA failed to disclose that it had hired Political Social Media, LLC (doing business as “uCampaign”) to develop its official mobile app called “Life Impact.” SBA List director Sean Fieler provided the startup capital for uCampaign’s creation in 2014 and may still own a portion of the company.116 2. On its 2017 Form 990—which spans from July 2017 through June 2018—SBA failed to disclose that it had retained Direct Technology Solutions (“DTS”), owned by SBA List Treasurer Robert J. Kania II, 117 for IT consulting services around June of 2018. 118 • • • In 2010, SBA List paid $132,856 to Capital City Partners for consulting services; In 2009, SBA List paid $139,263 to Capital City Partners for consulting services; In 2008, SBA List paid $5,000 to Capital City Partners for consulting services. SBA List Inc., 2008-2012 IRS Form 990, Schedule L, Part IV, available at https://projects.propublica.org/nonprofits/organizations/541850126. Aside from the business transactions with Capital City Partners from 2008 through 2011, SBA List did not disclose any other business transactions on its Form 990s for those years. Id. 116 Natasha Singer and Nicholas Confessore, Republicans Find a Facebook Workaround: Their Own Apps, THE NEW YORK TIMES, Oct. 20, 2018, available at https://www.nytimes.com/2018/10/20/technology/politics-appsconservative-republican.html. Sean Fieler manages his wealth through a network of investment funds, primarily Mason Hill Advisors, Equinox Partners, Kuroto Fund International, and Nehemiah Investments. An employee of Nehemiah Investments, created the uCampaignapp.com website using the email address jpaff@nehemiahinvestments.com. See Ex. I, (UCampaignApp.com, Domain Report, DomainTools, Apr. 12, 2019). 117 Louie Torres, Investor Claims He’s Owed Returns from Direct Technology Solutions, PENN RECORD, Dec. 19, 2016, available at https://pennrecord.com/stories/511057009-investor-claims-he-s-owed-returns-from-directtechnology-solutions. 118 See, Ex. J, at 8, (Wijesinha v. Susan B. Anthony List, Inc., Case No. 1:18-cv-22880-JEM, Doc. 22, Defendant Susan B. Anthony List, Inc’s Motion to Dismiss (Oct. 26, 2018)). Mr. Kania is the subject of a campaign finance complaint in Pennsylvania filed by Campaign for Accountability. Letter from Alice Huling, Counsel, Campaign for Accountability, to Stephen Zappala, Allegheny County District Attorney, and Alleghany County Board of Elections (Apr. 8, 2019), available at https://campaignforaccountability.org/wp-content/uploads/2019/04/Kania-CampaignFinance-Complaint-4-8-19_.pdf. Shortly after the complaint was filed, Pennsylvania Governor Tom Wolf removed Mr. Kania from his position on the Allegheny County Port Authority Board. See Ed Blazina, After Transit Group’s Urging, Gov. Wolf Replaces Port Authority Board Member, PITTSBURGH POST-GAZETTE, April 11, 2019, available at https://www.post-gazette.com/news/transportation/2019/04/11/Pittsburghers-for-Public-Transit-group-Gov-Wolfreplace-Port-Authority-board-member-robert-kania/stories/201904110081. On April 17, 2019 CfA called on the Susan B. Anthony List to remove Mr. Kania from their Board of Directors. Letter from Alice Huling, Counsel, Campaign for Accountability, to Marjorie Dannenfelser, President, Susan B. Anthony List, Inc., et al. (Apr. 17, 2019), available at https://campaignforaccountability.org/wp-content/uploads/2019/04/CfA-Letter-SBA-List-Kania-Board4-17-19.pdf. IRS EO Classification SBA List Complaint May 28, 2019 Page 20 3. On its 2013, 2014, 2015, 2016, and 2017 Form 990s, SBA List failed to disclose it has retained Hewell Events Group, LLC to plan its annual galas since 2013.119 The Event Manager of Hewell Events Group’s four-person team is Natalie Valentine.120 Ms. Valentine’s husband, William Valentine, is SBA List’s Vice President of Policy121 (formerly the Director of Government Affairs)122 and is one of the organization’s highest compensated employees.123 Ms. Valentine herself also serves as SBA List Special Projects Coordinator and is the Development Coordinator for the Charlotte Lozier Institute, SBA List’s research and education arm.124 The penalty for private inurement may include fines imposed under Code 4958125 and/or revocation of the organization’s tax-exempt status.126 The IRS should investigate whether SBA List failed to properly disclose business transactions involving certain persons on its Forms 990 in order to avoid alerting the agency to potential private inurement and/or excess benefit transactions that could lead to revocation of SBA List’s tax-exempt status or excise taxes, or both. SBA List Appears to Have Inaccurately Described the Working Arrangements and Hours of an Organization Insider Francis Cannon (who appears as “Frank” on certain Forms 990 and other documents) served as SBA List’s Treasurer from 2007 through the beginning of 2012 and, according to the 990s, was only compensated for his time in 2012, and then only received $12,000.127 During the 119 IRS Form 990 or 990-EZ Schedule L Part IV details Business Transactions with Interested Persons. Susan B. Anthony List Inc. neglected to complete a Schedule L portion from 2013-2016. SBA List Inc., 2013 – 2016 IRS Form 990s, available at https://projects.propublica.org/nonprofits/organizations/541850126; Patrick Gavin, Events Chief Fights Drab D.C. Parties, POLITICO, August 2, 2013, available at https://www.politico.com/story/2013/08/events-chief-fights-drab-dc-parties-095116. 120 Hewell Events Group, Our Team webpage, available at https://www.hewellevents.com/our-team (last accessed May 7, 2019. 121 Billy Valentine Employee Webpage, Susan B. Anthony List, available at https://www.sba-list.org/billy-valentine (last accessed May 7, 2019a). 122 SBA List Inc., 2016 IRS Form 990, Part VII, Section A, available at https://projects.propublica.org/nonprofits/organizations/541850126/201712369349301206/IRS990. 123 Id. 124 See Natalie Valentine Employee Bio, Susan B. Anthony List, available at https://www.sba-list.org/natalievalentine-2 (last accessed May 7, 2019). 125 The penalty excise taxes are imposed on the “disqualified persons” of the social welfare organization, as defined in Code Section 4958(f)(1), as well as the organization’s managers who knowingly participated in the “excess benefit transaction,” as defined in Code Section 4958(c), unless their participation was not willful and had reasonable cause. See 26 U.S.C. § 4958. 126 See 26 C.F.R. § 1.501(c)(3)(1)-1(f)(2)(ii). 127 SBA List Inc., 2007 IRS Form 990, Part V-A, filed Aug. 13, 2008, available at https://projects.propublica.org/nonprofits/display_990/541850126/2008_09_EO%2F54-1850126_990O_200712; SBA List Inc., 2008 IRS Form 990, Part VII, A(1a)(A), filed Aug. 14, 2009, available at https://projects.propublica.org/nonprofits/display_990/541850126/2009_09_EO%2F54-1850126_990O_200812; SBA List Inc., 2009 IRS Form 990, Part VII, A(1a)(A), filed June 24, 2010, available at https://projects.propublica.org/nonprofits/display_990/541850126/2010_08_EO%2F54-1850126_990O_200912; IRS EO Classification SBA List Complaint May 28, 2019 Page 21 same period, Mr. Cannon was also a partial owner of Capital City Partners, a for-profit public affairs consulting company that SBA List paid for consulting services up until 2012. 128 Since 2012, SBA List has paid Mr. Cannon an annual compensation that has grown from $108,600 to $203,974 in 2017, purportedly for performing full-time political consulting work.129 Mr. Cannon’s annual salary since giving up his position as treasurer has largely fallen within the same ranges as the consulting payments SBA List made to Capital City Partners pre-retirement. SBA List reports that its current Treasurer, Robert Kania, does not receive a salary.130 In addition to his current full-time consulting for SBA List, Mr. Cannon is President of both American Principles Project (“APP”),131 another 501(c)(4) organization, and the related American Principles Project Foundation (“APPF”),132 a 501(c)(3) organization. APP/APPF and SBA List have their headquarters in neighboring suites on the same floor of the same building. As shown below, Forms 990 filed by SBA List, APP, and APPF, respectively, suggest that Mr. Cannon works full time for both the SBA List and the APP/APPF groups, while also conducting private businesses in his spare time: SBA List Inc., 2010 IRS Form 990, Part VII, A(1a)(A), filed June 13, 2011, available at https://projects.propublica.org/nonprofits/display_990/541850126/2011_07_EO%2F54-1850126_990O_201012; SBA List Inc, 2011 IRS Form 990, Part VII, A(1a)(A), filed June 27, 2012, available at https://projects.propublica.org/nonprofits/display_990/541850126/2012_07_EO%2F54-1850126_990O_201112; SBA List Inc., 2012 IRS Form 990, Part VII, A(1a)(A), filed July 16, 2013, available at https://projects.propublica.org/nonprofits/display_990/541850126/2014_01_EO%2F54-1850126_990O_201212. 128 See, supra note 18. 129 Mr. Cannon purportedly works for SBA List 40 hours per week. See SBA List 2017 Form 990, Part VII, A(1a)(B), filed Nov. 15, 2018, available at https://projects.propublica.org/nonprofits/organizations/541850126/201843199349300809/IRS990. 130 Id. 131 APP, 2017 IRS Form 990, Part VII, A(1a)(A), filed Oct. 11, 2018, available at https://projects.propublica.org/nonprofits/organizations/264613397/201802849349300610/IRS990. 132 APPF, 2017 IRS Form 990, Part VII, A(1a)(A), filed Oct. 11, 2018, available at https://projects.propublica.org/nonprofits/organizations/264442148/201812849349300611/IRS990. IRS EO Classification SBA List Complaint May 28, 2019 Page 22 Year 2012133 2013134 2014135 2015136 2016137 2017138 133 Hours worked per week SBA APP APPF Total List hours worked per week 50 10 15 65 0 20 20 40 40 20 20 80 40 35 5 80 40 35 5 80 40 20 5 65 SBA List $0 $108,600 $134,600 $162,550 $160,200 $203,974 Reportable compensation APP APPF Total Compensation $0 $105,000 $174,059 $170,108 $171,264 $172,097 $0 $75,000 $0 $0 $0 $0 $0 $288,600 $308,659 $332,658 $331,464 $375,471 The 2012 Form 990 for APP and APPF do not agree on Mr. Cannon’s hours worked. In 2012, the APP Form 990 states that Mr. Cannon worked 10 hours per week for APP and 0 hours per week for any related organizations. However, in 2012, the APPF Form 990 states that Mr. Cannon worked 15 hours per week for APPF and 0 hours per week for any related organizations. SBA List Inc., 2012 IRS Form 990, filed July 16, 2013, available at https://projects.propublica.org/nonprofits/display_990/541850126/2014_01_EO%2F54-1850126_990O_201212; American Principles in Action, 2012 IRS Form 990, filed Oct. 29, 2013, available at https://projects.propublica.org/nonprofits/display_990/264613397/2013_10_EO%2F26-4613397_990O_201212; American Principles Project, 2012 IRS Form 990, filed Oct. 1, 2013, available at https://projects.propublica.org/nonprofits/display_990/264442148/2013_10_EO%2F26-4442148_990_201212. 134 In 2013, SBA List reportedly paid Mr. Cannon $108,600 for working zero hours per week. SBA List Inc., 2013 IRS Form 990, available at https://projects.propublica.org/nonprofits/display_990/541850126/2014_11_EO%2F541850126_990O_201312; American Principles in Action, 2013 IRS Form 990, filed Nov. 13, 2014, available at https://projects.propublica.org/nonprofits/display_990/264613397/2014_12_EO%2F26-4613397_990O_201312; American Principles Project, 2013 IRS Form 990, filed Nov. 12, 2014, available at https://projects.propublica.org/nonprofits/display_990/264442148/2014_12_EO%2F26-4442148_990_201312. 135 SBA List Inc., Inc. 2014 IRS Form 990, available at https://projects.propublica.org/nonprofits/display_990/541850126/2015_10_EO%2F54-1850126_990O_201412; American Principles in Action, 2014 IRS Form 990, filed Aug. 6, 2015 available at https://projects.propublica.org/nonprofits/display_990/264613397/2015_09_EO%2F26-4613397_990O_201412; American Principles Project, 2014 IRS Form 990, filed Aug. 6, 2015, available at https://projects.propublica.org/nonprofits/display_990/264442148/2015_09_EO%2F26-4442148_990_201412. 136 SBA List Inc., 2015 IRS Form 990, available at https://projects.propublica.org/nonprofits/display_990/541850126/2017_02_EO%2F54-1850126_990O_201512; American Principles Project, 2015 IRS Form 990, filed Aug. 12, 2016, available at https://projects.propublica.org/nonprofits/display_990/264613397/2016_12_EO%2F26-4613397_990O_201512; American Principles Project Foundation, 2015 IRS Form 990, filed Aug. 12, 2016, available at https://projects.propublica.org/nonprofits/display_990/264442148/2016_12_EO%2F26-4442148_990_201512 137 SBA List Inc., 2016 IRS Form 990, available at https://projects.propublica.org/nonprofits/organizations/541850126/201712369349301206/IRS990ScheduleC; American Principles Project, 2016 IRS Form 990, filed Sept. 5, 2017, available at https://projects.propublica.org/nonprofits/organizations/264613397/201742689349300104/IRS990; American Principles Project Foundation, 2016 IRS Form 990, filed Sept. 5, 2017, available at https://projects.propublica.org/nonprofits/organizations/264442148/201702689349300105/IRS990. 138 SBA List Inc., 2017 IRS Form 990, available at https://projects.propublica.org/nonprofits/organizations/541850126/201843199349300809/IRS990; American Principles Project, 2017 IRS Form 990, filed Oct. 11, 2018, available at IRS EO Classification SBA List Complaint May 28, 2019 Page 23 It is theoretically possible that Mr. Cannon has provided 80 hours of service per week collectively to SBA List, APP, and APPF, as the organizations report, given that there are 168 hours in a week, but it is highly unlikely. The IRS should investigate whether Mr. Cannon did, indeed, work the reported hours and whether his compensation was reasonable, or whether he was paid for some other services. Payment of unreasonable amounts of compensation can constitute private inurement, private benefit, and/or an excess benefit transaction and, as discussed above, under section 4958, a 501(c)(4) organization may be subject to intermediate sanctions on excess benefit transactions or incur revocation of its tax-exempt status for an unlawful private inurement.139 In general, “reasonable compensation” is the amount that would be paid for like services by like enterprises (whether taxable or tax-exempt) under like circumstances factoring in all of applicable facts and circumstances.140 Further, provision of compensation or other benefits, even if they are modest, is not reasonable compensation where no services are performed.141 Thus, if Mr. Cannon’s compensation was based on reported hours that he did not actually work his compensation may be per se unreasonable. SBA List has Entered Into Contracts with Third Party Professional Fundraisers with Unduly Generous Terms SBA List consistently has entered into fundraising contracts that have resulted in remarkably small percentages of funds raised going to the group’s coffers. • In 2009, SBA List entered into a fundraising contract with MDS Communications Corporation, allowing MDS to retain 90 percent of all funds raised;142 • In 2012, SBA List entered into a fundraising contract with Confluent Impact Communications guaranteeing SBA List only 1 percent of the total gross receipts;143 • In 2017, SBA List entered into a fundraising contract with Capitol Resources, Inc., also known as Campaign Headquarters, guaranteeing SBA List a minimum of 1 percent of the gross revenues.144 https://projects.propublica.org/nonprofits/organizations/264613397/201802849349300610/IRS990; American Principles Project Foundation, 2017 IRS Form 990, filed Oct. 11, 2018, available at https://projects.propublica.org/nonprofits/organizations/264442148/201812849349300611/IRS990. 139 TD 8978, Taxes on Excess Benefit Transactions, Preamble to Final Treasury Regulations under Code Section 4958 (Jan. 22, 2002). 140 Treas. Reg. Section 53.4958-4(b)(1)(ii). 141 Canada v. Comm'r, 82 TC 973 (1984). 142 See Ex. K, at 8, (Susan B. Anthony List, and MDS Communications Corporation Contract Services Agreement, North Carolina Department of The Secretary of State, (signed Mar. 19, 2009)). 143 See Ex. L, at 2, (Susan B. Anthony List and Confluent Impact Communications, LLC, Solicitor Contract Checklist, North Carolina Department of The Secretary of State, (signed May 30, 2012)). 144 See Ex. M, at 7, (Susan B. Anthony List, and Capitol Resources, Inc., Solicitor Contract Checklist, North Carolina Department of The Secretary of State Solicitor, (signed Jan. 5, 2017)). IRS EO Classification SBA List Complaint May 28, 2019 Page 24 It appears that not infrequently SBA List collects close to the minimum permitted under its contracts with third-party fundraisers. In 2017, SBA List received only $3,795.93 out of $52,252.50 raised by Capitol Resources, Inc., just 7.26 percent of the total amount raised in its name.145 Even more egregious, in 2016 SBA List received only $2,125.75 out of $109,022.45 raised by Capitol Resources, Inc., just 1.95 percent of the fundraising total.146 Capital Resources appears to do business as Campaign Headquarters, and claims to be the “Best Conservative Call Center in America.”147 In 2016 and 2017 SBA List also contracted with InfoCision, Inc., an Ohio telemarketing company that got its start in Christian fundraising.148 In 2016, InfoCision raised only $931 for SBA List while accumulating $17,057 in expenses. In 2017 InfoCision pocketed $10,451 of the total $11,083 that the company raised purportedly on SBA List’s behalf, leaving SBA List with only $632.149 In total, SBA List kept little more than 5 percent of the money InfoCision raised on its behalf in 2016 and 2017. Furthermore, SBA List chose to use InfoCision despite the company having paid $75,000 to settle an Ohio Attorney General investigation focused on, among other issues, the company’s failure to disclose to consumers the percentage of the money it raised that actually went to the charities for which it fundraised.150 145 See Ex. N, (Capitol Resources, Inc., North Carolina Solicitation Campaign Financial Report, Final Accounting, (filed May 18, 2018)). In accordance with North Carolina law, Capital Resources President Nicole Schlinger signed and filed the required Solicitation Campaign Financial Report with the Charitable Solicitation Licensing Division. Id.; see also, Nicole Schlinger biography, Campaign HQ, (last accessed May 27, 2019), available at https://www.campaign-headquarters.com/pages/nicole-schlinger.aspx. The fundraising returns submitted by Ms. Schlinger to the North Carolina Charitable Solicitation Licensing Division differ drastically from the fundraising returns submitted to the IRS by SBA List, which indicate that the organization collected $40,623 in fundraising from Capital Resources. See SBA List Inc., 2017 IRS Form 990, available at https://projects.propublica.org/nonprofits/organizations/541850126/201843199349300809/IRS990. 146 See Ex. O (Capitol Resources Inc., North Carolina Solicitation Campaign Financial Report, Final Accounting, (filed Apr. 3, 2017)). In accordance with North Carolina law, Capital Resources President Nicole Schlinger signed and filed the required Solicitation Campaign Financial Report with the Charitable Solicitation Licensing Division. Id.; see also, Nicole Schlinger biography, Campaign HQ, (last accessed May 27, 2019), available at https://www.campaign-headquarters.com/pages/nicole-schlinger.aspx. The fundraising returns submitted by Ms. Schlinger to the North Carolina Charitable Solicitation Licensing Division differ drastically from the gross receipts and fundraising returns submitted to the IRS by SBA List, which indicate that Capital Resources’ fundraising efforts raised $115,801 in gross receipts and that SBA List collected $100,195 of the funds raised. See SBA List Inc., 2016 IRS Form 990, available at https://projects.propublica.org/nonprofits/organizations/541850126/201712369349301206/IRS990ScheduleC. 147 Campaign Headquarters, Home Page, (last accessed May 9, 2019), available at https://www.campaignheadquarters.com/ - services. 148 InfoCision: Your Trusted Brand Ambassadors, We Are InfoCision, (last accessed May 9, 2019), available at http://www.infocision.com/about-us/ - about-us__intro. 149 SBA List Inc., 2017 IRS Form 990, Schedule G, Part I (2b), available at https://projects.propublica.org/nonprofits/organizations/541850126/201843199349300809/IRS990ScheduleG. 150 Press Release, Attorney General DeWine Announces Settlement Agreement with Professional Solicitor Company InfoCision, OFFICE OF ATTORNEY GENERAL OF OHIO, Apr. 20, 2012, available at https://www.ohioattorneygeneral.gov/Media/News-Releases/April-2012/Attorney-General-DeWine-AnnouncesSettlement-Agree; In Re: InfoCision Management Corporations, Case No. 12MS000289, Assurance of IRS EO Classification SBA List Complaint May 28, 2019 Page 25 Relatedly, in 2014, InfoCision paid $1.7 million to settle a class action lawsuit alleging it had misrepresented, among other things, the percentage of the donations it raised that was passed on to charities.151 More recently, in 2018 InfoCision paid a $250,000 civil fine to settle an FTC investigation into its misleading telemarketing practices.152 In general, if a 501(c)(4) organization pays a non-exempt individual or entity a price for goods or services that exceeds the fair market value of those goods or services, then it is engaged in impermissible private inurement, private benefit, and/or excess business benefit transactions.153 Typically, when an organization purchases assets from an independent third party, a presumption exists that the purchase price, presumably arrived at through negotiations, represents fair market value.154 However, when there is a close relationship between the two at the time of sale, there is no such presumption because the elements of an arm's length transaction are not present.155 Given that SBA List has collected only a tiny fraction of the amount solicited by its fundraisers, it appears their fundraisers are receiving an impermissible private benefit. If any of these fundraisers are insiders of SBA List, then contracts that excessively benefit them and not SBA List may constitute excess benefit transactions or impermissible private inurement and could lead to the revocation of SBA List's tax-exempt status.156 Discontinuance (Apr. 17, 2012), available at https://www.ohioattorneygeneral.gov/Media/News-Releases/April2012/Attorney-General-DeWine-Announces-Settlement-Agree/InfoCision-Assurance.aspx. 151 Jim Mackinnon, InfoCision Settles Class-Action Lawsuit Over Charity Telemarketing, AKRON BEACON JOURNAL (Jul. 22, 2014), available at https://www.ohio.com/akron/business/infocision-settles-class-action-lawsuit-overcharity-telemarketing. 152 Eric Heisig, InfoCision Agrees to Pay $250,000 to Settle Investigation Over Misleading Telemarketing Practices, CLEVELAND.COM (Jan. 10, 2018), available at https://www.cleveland.com/courtjustice/2018/01/infocision_agrees_to_pay_25000.html. 153 See e.g. Anclote Psychiatric Center Inc., TC Memo 1998-273 (sustaining the revocation of a hospital’s tax-exempt status on the grounds that an asset sale to a for-profit corporation, whose shareholders were directors of both the corporation and the hospital, for less than fair market value resulted in private inurement); Bob Jones University Museum and Gallery, Inc., TC Memo 1996-247 (explaining that “the principal inquiry in determining whether rental arrangements create private benefit or inurement is whether the rental payments are excessive”); see also Treas. Reg. §§ 53.4958-4(a)(1), 53.4958-4(b)(1)(i). Though SBA List is a 501(c)(4) organization, the laws prohibiting its engagement in private inurement are comparable to those governing 501(c)(3) organizations. See, supra, n. 113. 154 Rev. Rul. 76-91, 1976-1 CB 149. 155 Id. 156 United Cancer Council, Inc. v. Comm'r, 109 TC 326 (Dec. 2, 1997), rev'd and rem'd on other issue 165 F.2d 1173 (7th Cir. Feb. 10, 1999). IRS EO Classification SBA List Complaint May 28, 2019 Page 26 Conclusion In summary, CfA asks the IRS to investigate whether SBA List has: 1. Made material misrepresentations and omissions on its application for 501(c)(4) tax-exempt status; 2. Had as its true primary purpose participating directly and indirectly in political campaigns, rather than promoting social welfare; 3. Failed to accurately report its political campaign expenditures to the IRS, the FEC, or both; 4. Failed to report business transactions with interested persons as required on the Form 990, Schedule L, which may constitute private inurement; 5. Inaccurately reported the amount of time worked by a certain highly compensated former officer, which may constitute an improper private inurement; and 6. Entered into contracts with third-party professional fundraisers that were not reasonably beneficial to SBA List and may constitute improper private benefit to those fundraisers. Tax-exempt status is a privilege and the IRS has the responsibility of ensuring that organizations comply with all applicable tax laws. Therefore, CfA looks forward to your prompt investigation of what appears to be SBA List’s pattern of legal violations. Sincerely, Alice C.C. Huling Counsel Enclosure: Form 13909 Appendix 1 Party and Gender of SBA List Endorsed Candidates by Year 2018 Election Cycle SBA List Endorsed Candidate Party 1. Alex Mooney Republican 2. Andy Barr Republican 3. Ann Wagner Republican 4. Barbara Cegavske Republican 5. Barbara Comstock Republican 6. Ben Cline Republican 7. Bill Schuette Republican 8. Brian Kemp Republican 9. Brian Mast Republican 10. Candius Stearns Republican 11. Carol Miller Republican 12. Cathy McMorris Rodgers Republican 13. Chris Smith Republican 14. Cindy Hyde-Smith Republican 15. Claudia Tenney Republican 16. Dan Lipinski Democrat 17. Danny Tarkanian Republican 18. Dave Brat Republican 19. David Schweikert Republican 20. David Young Republican 21. Dean Heller Republican 22. Deb Fischer Republican 23. Debbie Lasko Republican 24. Denver Riggleman Republican 25. Diane Harkey Republican 26. Dino Russi Republican 27. Don Bacon Republican 28. Don Young Republican 29. Galvin Clarkson Republican 30. Greg Gianforte Republican 31. Greg Pence Republican 32. Guy Reschenhaler Republican 33. Henry McMaster Republican 34. Jackie Walorski Republican 35. Jake LaTurner Republican 36. Jamie Beutler Republican 37. Jay Webber Republican 38. Jim Banks Republican 1 1 Gender Male Male Female Female Female Male Male Male Male Female Female Female Male Female Female Male Male Male Male Male Male Female Female Male Female Male Male Male Male Male Male Male Male Female Male Female Male Male SBA List 2018 Election Report, available at https://www.sba-list.org/2018-election-report. 39. Jim Jordan 40. Jim Renacci 41. John Carter 42. John Culberson 43. John James 44. Jon Husted 45. Josh Hawley 46. Karen Handel 47. Karin Housley 48. Katie Arrington 49. Kay Ivey 50. Keith Rothfus 51. Kelly Armstrong 52. Kevin Cramer 53. Kim Reynolds 54. Kimberlin Brown 55. Kimberly Yee 56. Kristi Noem 57. Larry Buchson 58. Leah Vukmir 59. Lena Epstein 60. Leslie Rutledge 61. Lisa Posthumus Lyons 62. Liz Cheney 63. Maria Elvira Salazar 64. Marsha Blackburn 65. Martha McSally 66. Martha Roby 67. Matt Rosendale 68. Mia Love 69. Michelle Garcia Homes 70. Mike Bishop 71. Mike Braun2 72. Mike DeWine 73. Mike Miller 74. Mike Waltz 75. Mimi Walters 76. Pamela Evette 77. Patrick Morrisey 78. Paul Pate 79. Randy Hultgren 80. Rebecca Kleefisch 81. Rick Saccone 2 Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Grey shading indicates a Republican candidate running against a pro-life Democrat. Male Male Male Male Male Male Male Female Female Female Female Male Female Male Female Female Female Female Male Female Female Female Female Female Female Female Female Female Male Female Female Male Male Male Male Male Female Female Male Male Male Female Male 82. Rick Scott 83. Rob Blum 84. Rodney Davis 85. Ross Spano 86. Saundra McDowell 87. Steve Chabot 88. Steve King 89. Steve Knight 90. Steve Pearce 91. Susan Brooks 92. Ted Budd 93. Tim Walberg 94. Tom McClintock 95. Troy Balderson 96. Vicky Hartzler 97. Virginia Foxx 98. Wendy Rogers 99. Wink Hartman 100. Young Kim 101. Yvette Herrell Totals: Candidates 101 Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican Republican % of republicans 99.01% Male Male Male Male Female Male Male Male Male Female Male Male Male Male Female Female Female Male Female Female % of women 42.57% 2016 Election Cycle SBA List Endorsed Candidate3 Party 1. Ann Wagner Republican 1. Barbara Comstock Republican 2. Cathy McMorris Rodgers Republican 3. Chris Smith Republican 4. Chuck Grassley Republican 5. Claudia Tenney Republican 6. Dan Frost Republican 7. Danny Tarkanian Republican 8. Diane Black Republican 9. Eric Greitens Republican 10. Frank Guinta Republican 11. Greg Gianforte Republican 12. Hans Reigle Republican 13. Ileana Ros-Lehtinen Republican 14. Jackie Walorski Republican 15. Jaime Herrera Beutler Republican 16. Jay Ashcroft Republican 17. John McCain Republican 18. John Mica Republican 19. Josh Hawley Republican 20. Kelly Ayotte Republican 21. Kristi Noem Republican 22. Lee Zeldin Republican 23. Liz Cheney Republican 24. Lloyd Smucker Republican 25. Lynn Jenkins Republican 26. Mac Warner Republican 27. Marco Rubio Republican 28. Mark Mioscia Republican 29. Marsha Blackburn Republican 30. Martha Roby Republican 31. Mia Love Republican 32. Mike Bishop Republican 33. Mimi Walters Republican 34. Pat McCrory Republican 35. Pat Toomy Republican 36. Richard Burr Republican 37. Rob Portman Republican 38. Rob Blum Republican 39. Roy Blunt Republican 40. Susan Brooks Republican 3 Gender Female Female Female Male Male Female Male Male Female Male Male Male Male Female Female Female Male Male Male Male Female Female Female Female Male Female Male Male Male Female Female Female Male Female Male Male Male Male Male Male Female SBA List 2016 Election Report, available at https://www.sba-list.org/2016-election-report. 41. Tim Walberg 42. Tom Garrett 43. Tonia Khouri 44. Trey Hollingsworth 45. Vicky Hartzler 46. Virginia Foxx Totals: Candidates 46 Republican Republican Republican Republican Republican Republican % of republicans 100% Male Male Female Male Female Female % of women 45.65% 2014 Election Cycle SBA List Endorsed Candidate4 Party 1. Ann Wagner Republican 1. Barbara Cegavske Republican 2. Barbara Comstock Republican 3. Bill Cassidy Republican 4. Bobby Schilling Republican 5. Candice Miller Republican 6. Cathy McMorris Rodgers Republican 7. Curt Clawson Republican 8. Cynthia Lummis Republican 9. Darlene Senger Republican 10. David Perdue Republican 11. Diane Black Republican 12. Elise Stefanik Republican 13. Ileana Ros-Lehtinen Republican 14. Jackie Walorski Republican 15. Jamie Herrera Beutler Republican 16. Joni Ernst Republican 17. Kay Ivey Republican 18. Kim Reynolds Republican 19. Kristi Noem Republican 20. Leslie Rutledge Republican 21. Marilinda Garcia Republican 22. Marsha Blackburn Republican 23. Martha Roby Republican 24. Mia Love Republican 25. Mimi Walters Republican 26. Mitch McConnell Republican 27. Pam Bondi Republican 28. Pat Roberts Republican 29. Renee Ellmers Republican 30. Steve Daines Republican 31. Steve Pearce Republican 32. Steve Southerland Republican 33. Suzanne Scholte Republican 34. Terri Lynn Land Republican 35. Thom Tillis Republican 36. Tom Cotton Republican 37. Tom MacArthur Republican 38. Vicky Hartzler Republican 4 Gender Female Female Female Male Male Female Female Male Female Female Male Female Female Female Female Female Female Female Female Female Female Female Female Female Female Female Male Female Male Female Male Male Male Female Female Male Male Male Female SBA List 2014 Election Report, available at https://www.sba-list.org/2014-election-report. 39. Virginia Foxx 40. Wendy Rogers Totals: Candidates 40 Republican Republican % of republicans 100% Female Female % of women 72.5% 2012 Election Cycle SBA List Endorsed Candidate Party 5 1. Alecia Webb-Edgington Republican 2. Ann Duke6 Republican 7 3. Ann Wagner Republican 4. Bette Grand8 Republican 9 5. Bobby Schilling Republican 6. Cherilyn Eagar10 Republican 11 7. Jackie Walorski Republican 12 8. Jim Renacci Republican 9. John Koster13 Republican 14 10. Jonathon Paton Republican 11. Karen Harrington15 Republican 16 12. Kevin Kramer Republican 13. Martha McSally17 Republican 18 14. Mia Love Republican 19 15. Ovide Lamontagne Republican 5 Gender Female Female Female Male Male Female Female Male Male Male Female Male Female Female Male SBA List Candidate Fund Announces New Congressional Candidate Endorsements, Susan B. Anthony List, May 8, 2012, available at https://www.sba-list.org/newsroom/press-releases/sba-list-candidate-fund-announces-newcongressional-candidate-endorsements. 6 Susan B. Anthony List Candidate Fund Announces First Round of 2012 Endorsements, Susan B. Anthony List, Dec. 6, 2011, available at https://www.sba-list.org/newsroom/press-releases/susan-b-anthony-list-candidate-fundannounces-first-round-2012-endorsements. 7 Id. 8 Id. 9 SBA List Candidate Fund Announces Next Round of Candidate Endorsements, Susan B. Anthony List, Apr. 3, 2012, available at https://www.sba-list.org/newsroom/press-releases/sba-list-candidate-fund-announces-next-roundcandidate-endorsements. 10 Id. 11 Susan B. Anthony List Candidate Fund Announces First Round of 2012 Endorsements, Susan B. Anthony List, Dec. 6, 2011, available at https://www.sba-list.org/newsroom/press-releases/susan-b-anthony-list-candidate-fundannounces-first-round-2012-endorsements. 12 SBA List Candidate Fund Announces Additional Endorsements, Susan B. Anthony List, Oct. 17, 2012, available at https://www.sba-list.org/newsroom/press-releases/sba-list-candidate-fund-announces-additional-endorsements. 13 Id. 14 SBA List Candidate Fund Announces Additional Endorsements, Susan B. Anthony List, Oct. 17, 2012, available at https://www.sba-list.org/newsroom/press-releases/sba-list-candidate-fund-announces-additional-endorsements. 15 SBA List Candidate Fund Announces New Congressional Candidate Endorsements, Susan B. Anthony List, May 8, 2012, available at https://www.sba-list.org/newsroom/press-releases/sba-list-candidate-fund-announces-newcongressional-candidate-endorsements. 16 SBA List Candidate Fund Announces Additional Endorsements, Susan B. Anthony List, Oct. 17, 2012, available at https://www.sba-list.org/newsroom/press-releases/sba-list-candidate-fund-announces-additional-endorsements. 17 Id. 18 SBA List Candidate Fund Announces New Congressional Candidate Endorsements, Susan B. Anthony List, May 8, 2012, available at https://www.sba-list.org/newsroom/press-releases/sba-list-candidate-fund-announces-newcongressional-candidate-endorsements. 19 SBA List Candidate Fund Announces Additional Endorsements, Susan B. Anthony List, Oct. 17, 2012, available at https://www.sba-list.org/newsroom/press-releases/sba-list-candidate-fund-announces-additional-endorsements. 16. Rebecca Kleefisch20 17. Ron Desantis21 18. Steve King22 19. Tommy Thompson23 20. Vernon Parker24 21. Wendy Long25 Totals: 20 Candidates 21 Republican Republican Republican Republican Republican Republican % of Republicans 100% Female Male Male Male Male Female % of women 47.62% SBA List Candidate Fund Announces Next Round of Candidate Endorsements, Susan B. Anthony List, Apr. 3, 2012, available at https://www.sba-list.org/newsroom/press-releases/sba-list-candidate-fund-announces-next-roundcandidate-endorsements. 21 SBA List Candidate Fund Announces Additional Endorsements, Susan B. Anthony List, Oct. 17, 2012, available at https://www.sba-list.org/newsroom/press-releases/sba-list-candidate-fund-announces-additional-endorsements. 22 Susan B. Anthony List Candidate Fund Announces First Round of 2012 Endorsements, Susan B. Anthony List, Dec. 6, 2011, available at https://www.sba-list.org/newsroom/press-releases/susan-b-anthony-list-candidate-fundannounces-first-round-2012-endorsements. 23 SBA List Candidate Fund Announces Additional Endorsements, Susan B. Anthony List, Oct. 17, 2012, available at https://www.sba-list.org/newsroom/press-releases/sba-list-candidate-fund-announces-additional-endorsements. 24 Id. 25 SBA List Candidate Fund Announces Next Round of Candidate Endorsements, Susan B. Anthony List, Apr. 3, 2012, available at https://www.sba-list.org/newsroom/press-releases/sba-list-candidate-fund-announces-next-roundcandidate-endorsements. Appendix 2 Sean Fieler Francis Cannon4 1 Year 2017 2016 2015 2014 2013 2012 2017 2016 2015 2014 2013 2012 Overlapping Staff and Board Members SBA List1 APP2 Director Chairman Director Chairman Director Chairman Director Chairman Director Chairman Director *Not listed Former Treasurer5 President Former Treasurer President Former Treasurer President Former Treasurer President Former Treasurer Director Treasurer (Partial President/Director 2012) APP Foundation3 Chairman Chairman Chairman Chairman Chairman Director President President President President President President/Director Susan B. Anthony List Inc., Tax Filings By Year, available at https://projects.propublica.org/nonprofits/organizations/541850126. 2 American Principles Project, Tax Filings By Year, available at https://projects.propublica.org/nonprofits/organizations/264613397. 3 American Principles Project Foundation, Tax Filings By Year, available at https://projects.propublica.org/nonprofits/organizations/264442148. 4 When Francis Cannon co-founded American Principles Project with Robert George, and Jeffrey Bell in 2009, Cannon was simultaneously advising Susan B. Anthony List through his public affairs firm, Capital City Partners LLC. See Greg Pierce, Abortion Gap, THE WASHINGTON TIMES, May 29, 2009; Susan B. Anthony List Inc., 2009 Form 990, filed June 24, 2010, available at https://projects.propublica.org/nonprofits/display_990/541850126/2010_08_EO%2F54-1850126_990O_200912. Cannon’s firm, Capital City Partners, received $139,263 in consulting fees from SBA List in 2009 while Cannon is listed as the Treasurer of the organization. Id. 5 Between 2012 to 2017 Francis Cannon has received a salary from the Susan B. Anthony List, Inc., despite being listed as former treasurer, Francis Cannon has received a salary from Susan B. Anthony List ranging from $108,600 $203,974 between 2013 to 2017 while receiving a salary from the American Principles Project. See Susan B. Anthony List Inc., Tax Filings By Year, available at https://projects.propublica.org/nonprofits/organizations/541850126. Appendix 3 Sean Fieler Contributions to the Women Speak Out PAC Election Cycle Receipt Date Amount 1 Jan. 1, 2015 – Dec. 31, 2016 Aug. 3, 2015 $75,000 Jan. 1, 2013 – Dec. 31, 20142 July 9, 2014 $385,946.12 3 Jan 1, 2011 – Dec. 31, 2012 Oct. 11, 2012 $75,000 1 Sean Fieler Individual Contributions 2015-2016, Federal Election Commission, available at https://www.fec.gov/data/receipts/individualcontributions/?two_year_transaction_period=2016&committee_id=C00530766&contributor_name=Fieler,+Sean& min_date=01%2F01%2F2015&max_date=12%2F31%2F2016. 2 Sean Fieler Individual Contributions 2013-2014, Federal Election Commission, available at https://www.fec.gov/data/receipts/individualcontributions/?two_year_transaction_period=2014&committee_id=C00530766&contributor_name=Fieler,+Sean& min_date=01%2F01%2F2013&max_date=12%2F31%2F2014. 3 Sean Fieler Individual Contributions 2011-2012, Federal Election Commission, available at https://www.fec.gov/data/receipts/individualcontributions/?two_year_transaction_period=2012&committee_id=C00530766&contributor_name=Fieler,+Sean& min_date=01%2F01%2F2011&max_date=12%2F31%2F2012. EXHIBIT A (3 MINNESOTA mammal! 015' mm;- or? ARTICLES OF TRIS FORM. PLEASE REM INSTRUCTIORES LISTED BELOW. eonyoaaws the name of the company pxior to any'de?ired name change) $I1L??tt 3; mthOnY 5.13:1; inc:- This amendment is effective on the day it is filed with the_ secretaxy of State, unless you indicate angther_date, no later than 30 days after filing with the Secretary of State. The fallowing amen?ments(s) of articles regulating the.above corporation were a?cpted: {Insert full text of newly amen?ed articlele} indicating which articzets} is {are} being amen?ed?or added.) If the full text of the amendment will not fit in the space provided, attach_additienal numbered pages. {Total number of pages including this ARTICLE I The'nama of this corporation is Susan B. Anthony List Fi?, Inc. ?1 ?Turf. This amendment has been approved pursuant to Minne?ata Statutes chapter 302A or I certify that I am authorized to exacute this amendment and I'?urther certify that I un?eratand thaL by signing this amendmant, am subject to'the penalties of perjury as set forth in section $90.48 as if I had signed under oath. Egg?; @503er atura a? Aatngkized Parson? 1. Type or print-with black iuk. 2. A Filing F?ee of: $35.00, made QIAWOF payable the Secretary of State. ?gnaw!?- 5? . 3. Return'completed farms to: FRED 1 1 99 ?ecratary .Qg?gtaba 11:11 180 Stine as 33 ng 9' 106 Canatitutian?hvanue '82. 2mm, m?55155-1299 Matti-l0 '(6123296-2803 EXHIBIT .. . .. BOPP~ COLESON & BOSTROM ATIORNEYS AT LAW ADlOl1tt IUCHAJU>E.COllSON 2 FOULKES SQUARE BARJlY A. BOS11tOM 401 OHIO STREET JOHN It.ABEGG SC01T M..UJCAS 1EUl'IIONE 812/ZJ2-2434 P.O. BOX 1100 FAX TERRE HAUTE. INDIANA 47808-8100 I 12/llS-3685 E-MAIL PAULR SCHOi.LE DAI.EL•~ jbappjrtPaouons \ April 30, 1997 \ 970502-0112~ Re: State Corporation Commission P.O. Box 1197 Richmond, VA 23218-1197 Dear Sir or Incorporation and Amended Certificate Authority of Madam: This firm represents the Susan B. Anthony List PAC, Inc. (a Minnesota corporation) and the Susan B. Anthony List, Inc., a in Virginia. They are nonstock corporation to be organized related entities. Enclosed are the original Articles of Incorporation for filing and return for Susan B. Anthony List, Inc. I also enclose an Application for an Amended Certificate of Authority to Transact Business in Virginia for Susan B. Anthony List PAC, Inc. showing a change of name for the Minnesota corporation. There should no longer be a name conflict with the Minnesota corporation. Also find enclosed filing fees in the sum of $75.00 ($50.00 for the incorporation and $25.00 for the Amended Certificate). Susan B. Anthony List, Inc. has a $25.00 credit on its account due to a previous attempt to file these Articles of Incorporation. See copy of April 8, 1997 letter from the State Corporation Commission that is enclosed. If contact there me. are any problems Thank you. with this submission please Sincerely, f BOPP, COLESON • encl. & BOSTROM -l!r;;;.. ~01~ ✓.:1- s/tz./ ?J \\lLLIAI\I J. BRIDGE CLERK OF mE COMMISSION P.O.BOXll!n RICHMOND, VIRGl!lo"IA 23218-1197 HULUH£1l \\ll.LIA.\IS MOORE CHAIR.\IA."il CI.Clo"TOS MILLER CO~L\IISSIOSER THEODORE V. MORRISOS, JR. co~o.~,osER STATE CORPORATION COMMISSION Hay 12, 1997 BARRYA BOSTRO~ BOPP COLESON & BOSTROM 2 FOULKES SQUARE 401 OHIO ST TERREHAUTE,IN 47808-8100 RE: Susan 8. Anthony List, ID: 0484520 - 2 DCS: 97-CS-02-0112 Inc. This is your receipt for $75.00 covering the fees articles of incorporation with this office. The effective 1997. date of the certificate for filing of incorporation Sincerely is Hay 12, yours, ~ ;J. R+ William J. Bridge Clerk of the Commission CORPACPT CIS20317 TYi.ER BUllDING. 1300 EAST MAIN STREET. RICHMOND. VA 23219-3630 TELECOMMUNICATIONS DEVICE FOR THE DEAF-TOOIVOICE: (804) 371-9206 COMMONWEALTH OF VIRGINIA STATECORPORATION COMMISSION May 12, 1997 The State Corporation Commission bas found the accompanying articles submitted on behalf of SUSAN B. ANTHONYLIST~ INC. to comply with the requirements all related fees. Therefore, of law, and confirms payment of it is ORDERED that this CERTIFICATE OF INCORPORATION be issued and admitted to record with the articles of in the Office of the Clerk of the Commission, incorporation effective Kay 12, 1997. The corporation is granted the authority conferred on it by law in accordance with the articles, subject to the conditions and restrictions imposed by law. STATECORPORATION COMMISSION C011J1issioner CORPACPT CIS20317 97-05-02-0112 STATE CORPORATION COMMJ:SSION P.O. BOX 1197 RICHMOND, VA 23218-1197 FILING FEE IS $75.00 NONSTOCX CORPORATION ARTICLES OF :INCORPORATION OF SUSAN B. ANTHONY LIST, INC. The undersigned, Code of Virginia, the follows. 1. The name of the pursuant Virginia to Chapter 10 of Title 13.1 of Nonstock Corporation Act, state Corporation is: Susan B. Anthony 2. The Corporation shall have one (1) class members shall have the same rights, privileges, liabilities, limitations and restrictions as II of the Bylaws. List, the as Inc. of members and all duties, defined by Article With the exception of the at-large director, the directors 3. shall be elected by the Board of Directors at their annual meeting pursuant to Article III of the Bylaws. The at-large member of the Board shall be elected by the members following the annual meeting of the Board of Directors pursuant to Article III of the Bylaws. 4. A. The Corporation"s initial registered which is the business address of the initial 251 S. Reynolds St., Apt. M 220, Alexandria, B. The registered of Alexandria, Virginia. 4. is A. Lawrence and 5. The name of the E. Ruggiero. B. The initial a member of the office is physically Corporation's The NAMES and ADDRESSES of the located initial registered agent is Virginia State Bar. initial office address registered agent VA 22304. in registered a resident directors the is City agent of Virginia are: Marjorie Dannenfelser, 5310 N. 26th Road, Arlington, VA 22207 Susan Gibbs, 222 N. 17th St., Room 907, Philadelphia, PA 19103 Mary Hallan, 100 W. Chestnut St., #2209, Chicago, IL 60610 Kate Hinton, 33 Bridges Ave., Newtonville, MA 02160 Susan Hirschmann, 2534B s. Arlington Mill Dr., Arlington, VA 22206 Mike Hudome, Susan Lataif, 5903 Devonshire Drive, Bethesda, MD 20816 13 Horseshoe Bend Road, Rome, GA 30165 6. The purpose of the Corporation shall be limited to and shall include only religious, charitable, scientific, literary, educational, or legislative lobbying purposes within the meanings of those terms as used in Section S0l(c) (4) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law). 7. Prohibition of Distribution to Private Persons: No part of the net earnings of the Corporation shall inure to the benefit of, or be distributed to, its members, Directors, Officers, or other private persons, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in section 6 above. 8. Prohibition of Political Activity: No substantial part of the activities of the Corporation shall participate in, or intervene in (including the publishing or distribution of Statements) any political campaign of behalf of or in opposition to any candidate for public office. 9. Prohibition Organizations: of Activities not Permitted Notwithstanding any other provision Corporation shall not carry on any other to be carried on by a Corporation exempt under Section 501 (c) (4) of the Internal the corresponding provision of any future Revenue Law) . 10. Distribution Dissolution of the of Property Corporation: Upon the by Exempt of these Articles, the activities not permitted from Federal Income Tax Revenue Code of 1986 (or United States Internal Voluntary or Involuntary Upon the voluntary or involuntary dissolution of the Corporation the Board of Directors, shall, after paying or making provision for payment of all of the liabilities of the Corporation, dispose of all assets of the Corporation exclusively for the purposes of the Corporation in such manner, or to such organization or organizations organized and operated exclusively for charitable, educational, religious, scientific, or legislative lobbying purposes as shall at the time qualify as an exe~pt organization or organizations under Section S0l(c) (3) or SOl(c) (4) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law), as the Board of Directors shall determine. Any such assets not so disposed of shall be disposed of by the City Court of Alexandria, Virginia, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. nu - .. 11. Amendments to the Articles of Incorporation: The Board of Directors of the Corporation shall have the power to make, alter, amend or repeal the Articles of Incorporation by majority vote at any duly called meeting of the Board of Directors, provided that the members of the Board of Directors have been mailed a written notice of the proposed amendments at least ten days before the meeting. 12. INCORPORATOR: This instrument was prepared by Barry A. Bostrom, BOPP, COLESON BOSTROM, 401 Ohio Street, P.O. Box 8100, Terre Haute, IN 47808. & EXHIBIT SECRETARY OF STATE Name of corporation and Charter Number: Registered office address: Date: 12 2 2 I 1 999 Susan B. Anthony List PAC, Inc. 16309 Pine Mtka MN 55345? CERTIFICATE OF INVOLUNTARY DISSOLUTION The Minnesota corporation listed above has failed to file the annual registration required by Minnesota Statute Section 317A.827. Notice of this delinquency was given to the corporation at its registered office address of record more than 60 days ago and the corporation was informed that dissolution would occur if the delinquent registration was not filed. No registration has been filed and therefore the corporation is dissolved pursuant to Minnesota Statute Section 317A.827. The corporation ceased to exist as of the date of this certificate which is shown aboveat; its ?353* 1. get i Ergo?: m. a; EXHIBIT RENEWAL CERTIFICATE OF REGISTRATION WHEREAS, the Renewal Registration of SUSAN B. ANTHONY LIST, INC. has been filed in the office of the Secretary of State as provided by the Oklahoma Solicitation of Charitable Contributions Act and will expire on February I 3, 20 I 9 . NOW THEREFORE, I, the undersigned, Secretary of State of the State of Oklahoma, by virtue of the powers vested in me by law, do hereby issue this certificate evidencing such filing. IN TESTIMONY WHEREOF, I hereunto set my hand and cause to be affixed the Great Seal of the State of Oklahoma. Filed in the city of Oklahoma City this 12th day of February, 2018. Secretary of State FILED - Oklahoma Secretary of State #4312225822 02/12/2018 02/12/2018 12:48 PM OKLAHOMA SECRETARY OF STATE Illllllll1111111111111111 sos ions exceeding $10,000.00 ions that do not exceed $10,000.00 Illllll llllllllllllllllllll lllllllllllllllllllllllll1111111111111 36115020002 LI mma1 ~ntof Charitable Organization t<.eg1s1rauon □ Update 18]Renewal Oklahoma Secretary of State, 2300 N. Lincoln Blvd., Room 101, Oklahoma City, OK 73105•4897 Telephone: (405)-522-2520 1. The legal name of the charitable organization: Susan B. Anthony List, Inc. 2. Any trade name(s) the charitable organization uses, any other name the organization may be identified or known as, and any distinctive names the organization uses for the purposes of solicitation of contributions: n/a 3. The mailing address of the charitable organization: 2800 Shirlington Road, Suite 1200, Arlington, Virginia 22206 S~ct 4. State C~ Zip Code The period(s) oftime during which such solicitation is to be conducted: on•going; year round 5. An identification of the specific method or methods of solicitation utilized by the charitable organization and its agents: 6. IE)personal contact 18)directmail 18}telephone Otelevision Oradio IE!other email and website and special events Solicitation will be conducted by the following for or on behalf of the charitable organization: IEJProfessionalFundraisers IB]Employeesor volunteers of the charitable organization Oancl/or Others Page 1 of 4 RECEIVED JAN12 2018 OKLAHOMA SECRETARY Of{fil"~fE>RM l Ol-0 l/13) 7. The purposes for which the contributions solicited or accepted are to be used: attached 8. The name and mailing address of each professional fundraiser or professional solicitor that will have custody of the contributions: nfa Name Address City State Zip Code 9. Each person associated with a professional fundraiser, professional solicitor or charitable organization that is directly responsible for the payment and distribution of funds collected: attached Name Address City State Zip Code 10. The name and mailing address of each professional fundraising counsel utilized by the charitable organization: attached Name Address City State Zip Code 11. For charitable organizations that register for the first time, a statement whether or not the charitable organization believed contributions for the first year of registration will exceed Ten Thousand Dollars ($10,000.00) 18]Yes □No REQUIRED FINANCIAL INFORMATION 12. The gross amount of the contributions, gifts, grants and other similar amounts received by the charitable organization: $8,664,615. 13. The total Program Service Expenses of the charitable organization: $6,007,414. 14. The total Management and General Expenses of the charitable organization: $630,785. 4 1/13) 15. The total Fundraising Expenses of the charitable organization: $1,476,412. 16. The aggregate amount paid, or payable, to professional fundraisers and professional fundraising counsel: 220,346. REQUIREDATTACHMENTS 17. If the solicitation is to be conducted in whole or in part by professional fundraisers, you must complete and attach Form IOlA, the Professional Fundraiser information page, to the Registration Statement. 18. A copy of Form 990 as filed by the charitable organization for the most recently completed fiscal year; or for the initial registration of a newly formed charitable organization, a copy of a letter from the Internal Revenue Service, or other evidence, showing the that such organization is exempt from federal income taxation; or, for a charitable organization that has not applied for federal income tax exemption with the Internal Revenue Service or is not required to apply for federal income tax exemption, evidence showing that said charitable organization is organized in any state or jurisdiction as a not-for-profit entity. 19. The name and mailing address of each officer, director, trustee, and/or equivalent, and each salaried executive employee of the charitable organization. Page 3 of 4 (SOS FORM 101-01/13) EXECUTION AND ACKNOWLEDGMENT Any registration form required to be filed under this section shall be executed by signature, without more, of the person or persons signing the form. 0,ot F~-,~.__ __,,c?,Ol1; I, the undersigned, under penalty of perjury, have caused this registration IObe executed this~ and that the contents of the application are true and complete. day of ~~gnarure EmilyBuchanan Type or Print Name Exec. Vice President Title Page 4 of 4 (SOS FORM 101-01/13) • CHARITABLE ORGANIZATION REGISTRATION ATTACHMENT Professional Fund Raiser Information (Complete one (1) form for each professional fund raiser. Form may be duplicated.) a. Legal name of the Professional Fundraiser: lnfoCision, Inc. b. Street & P.O. Box address 325 Springside Drive, Akron, OH 44333 c. Locationof offices used by them on behalf of your organization same d. Simple statementof services provided telemarketing e. Describe the basis of payment or other consideration payable to each professional fundraiser and the nature of the arrangementsbetween the charitable organizationand each professional fundraiser. • $2.75 per completedcall - regular donor prospecting;$3.00 per completedcall - regular donor housefile; $2.75 per completedcall - low dollar housefile; $.95 per minute (rounded)for inbound cals; $.95 per minute (rounded)for manual dial cell phone; $.50 per follow-up mailing; $85 per hour - creative services; $.30 per completed call - IT charges f. Specific amount, formula or percentage of compensation,or property of any kind or value to be paid or providedto each professional fundraiser: FY 12/31/16 $17,057. j. If payment is based on a percentage,the amount of compensationas a percentage of: (1) 'b ut1ons . . ed: n/a Total contJ:-1 rece1v (2) n/a . . ed: ________________ N et amount of the total contri'but1ons rece1v ----------------------_ (total contributionsreceived, less expensesof solicitationother than amounts payable to any professional fundraiser) (SOS FORMl0lA-01/13) CHARITABLE ORGANIZATION REGISTRATION ATTACHMENT Professional Fund Raiser Information (Complete one (1) form for each professional fund raiser. a. Form may be duplicated.) Legal name of the Professional Fundraiser: Capitol Resources, Inc. b. Street & P.O. Box address 109 West Front Street, Brooklyn, IA 52211 c. Location of offices used by them on behalf of your organization --------------------------- same d. Simple statement of services provided telemarketing e. Describe the basis of payment or other consideration payable to each professional fundraiser and the nature of the arrangements between the charitable organization and each professional fundraiser. $3.00 per live telephone connect - current donors; $3.00 per live telephone connect - lapsed donors; $2.60 per live telephone connect - prospecting; $44 per calling hour - primarily but not limited to high dollar donor calls; $36 per calling hour - primarily but not limited to manual dial calls; $.99 per letter sent; $250 - Minimum per project f. Specific amount, formula or percentage of compensation, or property of any kind or value to be paid or provided to each professional fundraiser: FY 12/31/16 $100,195. j. If payment is based on a percentage, the amount of compensation as a percentage of: (1) (2) . . ed : n/a Tota I contn'b uttons recetv • ----------------------• • Net amount of the total contnbut1ons received: n/a ----------------- (total contributions received, less expenses of solicitation other than amounts payable to any professional fundraiser) (SOS FORM l0lA-01/13) Attachment to Item # 7 Susan B. Anthony List, Inc. 1200 New Hampshire Avenue, NW Suite 750 Washington, DC 20036 T (202) 223-8073 Purpose Susan B. Anthony List, Inc. is a nonprofit organization that carries on Susan B. Anthony's legacy to end abortion by advancing pro-life legislation and pro-life women, and training activists and candidates. Programs Specific programs run by Susan B. Anthony List, Inc. to accomplish the stated purpose involve holding seminars to train candidates, future candidates, activists and staff in running successful campaigns, and publicize pending pro-life or pro-choice legislation, encourage pro-life constituents to support pro-life legislation or oppose pro-choice legislation, and educate public on pro-life issues. Attachment to Item #9 Susan B. Anthony List, Inc. 1200 New Hampshire Avenue, NW Suite 750 Washington, DC 20036 T (202) 223-8073 Persons Accepting Responsibility Budget Approval Custody of FinancialRecords Custody of Funds Distribution of Funds Oversight of Fundraising Efforts Signatory Authority Marjorie Dannenfelser, President Emily Buchanan, Executive Director Robert Kania, Treasurer Marjorie Dannenfelser, President Emily Buchanan, Executive Director Jennifer Gross, Bookkeeper Marjorie Dannenfelser, President Emily Buchanan, Executive Director Marjorie Dannenfelser, President Emily Buchanan, Executive Director Marjorie Dannenfelser, President Emily Buchanan, Executive Director Marjorie Dannenfelser, President Emily Buchanan, Executive Director Jennifer Gross, Dir. of Business Operations All persons named above can be reached at the address and phone number at the top of the page. Bank Information Chain Bridge Bank McLean, Virginia SunTrust Alexandria, Virginia Attachment to Item # 10 Susan B. Anthony List, Inc. 1200 New Hampshire Avenue, NW Suite 750 Washington, DC 20036 (202) 223-8073 ProfessionalFundraisingCounsel The Lukens Company 2800 Shirlington Road Suite 900 Arlington, VA 22206 Telephone: Fax: (703) 845-8484 (703) 845-9655 Effective Date: February I, 2009 until December 31, 2018. Simple statement of services: Consultant performing: • Fundraising Strategy • Copy and concept brainstorming • Creation and management offundraising mail • Plans & Aids in selection of mailing lists • Analysis of fundraising mail results • Vendors - negotiate, arrange and enter into agreements on behalf of client Basis of Payment: • Creative/Coordination Fee $.04 per piece mailed or $1,500 per package, whichever is greater $1,000 per package on any package approved but not mailed • Consultation Fee $1, 000 per month FYI6 Compensation $103,094. FY16 Gross Amount Raised $1,482,361. , Attachmentto Item # 19 Susan B. Anthony List, Inc. 1200 New Hampshire Avenue, NW Suite 750 Washington,DC 20036 T (202) 223-8073 Board of Directors & Officers Name/Address MarjorieDannenfelser 1200New Hampshire Avenue, NW Suite 750 Washington,DC 20036 SusanHirschmann 1200New Hampshire Avenue, NW Suite 750 Washington,DC 20036 RobertKania 1200New Hampshire Avenue, NW Suite 750 Washin~on, DC 20036 JaneAbraham 1200New Hampshire Avenue, NW Suite 750 Washin~on, DC 20036 CathleenUeland 1200New Hampshire Avenue, NW Suite 750 Washington,DC 20036 EmilyBuchanan 1200New Hampshire Avenue, NW Suite 750 Washington,DC 20036 CarolMoore 1200New Hampshire Avenue, NW Suite 750 Washington,DC 20036 Title President/Director FY16 Compensation $230,686. ViceChairman/Director $0 Treasurer $0 Chairman/Director $0 Secretary $0 ExecutiveVicePresident $166,429. Director $0 Maura Mudd Director $0 Director $0 Director $0 1200 New Hampshire Avenue, NW Suite 750 Washington,DC 20036 Sean Fieler 1200New Hampshire Avenue, NW Suite 750 Washimrton,DC 20036 Richard Alvord 1200 New Hampshire Ave, NW, STE 750 Washington, DC 20036 Webster, Chamberlain & Bean agrees to accept service of process for all officers and directors at: 1747 Pennsylvania Avenue, N. W. Suite 1000 Washington, DC 20006 EXHIBIT RECEW: 2012 SEP 28 AM10:3U FEC MAIL it'^'-y September 19,2012 Federal Election Coinmission 999 E Street, N.W. Washington, D.C. 20463 Re: Form 1, Statement of Organization—^Unlimited Contributions To Whom It May Concem: This committee intends to make independent expenditures, and consistent with the U.S. Court of Appeals for the District of Columbia Circuit decision in SpeechNow v. FEC, it therefore intends to raise funds in unlimited amounts. This committee will not use those funds to make contributions, whether direct, in-kind, or via coordinated communications, to federal candidates or committees. Respectfully submitted. Emily Budhanan Treasurer 1707 L Street, NW, Suite 550, Wasiiington, DC 20036 r STATEIVIENT OF ORGANIZATION FEC FORM 1 1. I I S P e[a k[ 0 U t 12FE4M5 P,A C I I I I I ' (Check if address is changed) ' I I ' ' ' e . e . t , ., ,N,W, A D D R E S S (number and street) . Use Only Example: If typing, type over the lines. (Check if name is changed) I I I I I I ;B12SEP28ftM10=33 FEC mi^ NAME OF COMMITTEE (in full) W 0 m e n n ,5,5,0, 1 I , , , I I I I I I I \hOxOx^x^\'\ STATE A CITY, ' ' I ,S,u,i,t,e, I I ' XI• ZIP CODEA COMMITTEE'S E-MAIL ADDRESS . (Check if address is changed) en iljyg 3u0 8 . Onbehaiiotthetnxpeyer. THIS POWER OF ATTORNEY Is NOT SIGNED AND DATED. IT WILL BE RETURNED. 877?617 Executive Director J. . . Parrish/um PW . . Date mm {d eppncehie) e4 anNmu Declaration of Representative Under penalties of pertury, I declare that: I am not currently under wepension or (?shermnt from practice beiere the lntemel Revenue Service: 0 I am aware oi regulation: contained In Trenury Department Circular No. 230 (31 CPR. Part 10). as amended. concemlng the practice at attorneys, certi?ed public momenta. enrolled agents. eruoiled ectueriee. end others: 0 I am authorized to represent the mpeyerts) identified In Part for the tax matteris) speci?ed therethe following: . Attorney-a member in good standing 0! the tier of the highest court of the Jurisdiction shown below. Certified Public Accountant?duly qualified to practice as a. certi?ed public accountant in the Jurisdiction shown below. Enrolled Agent?enrolled es an agent under the requirements of Treasury Department Circular No. 230. OIIicera-a bone fade ot?cer oi the tearpeyer organiutlon. Full-Time Employee?e tut-time employee of the taxpayer. Funny Member~e member of the texpeyer'l immediate family (Len spouse. parent. child, brother, or sister). Enrolled Wary?enrolled es en actuary by the Joint Board for the Enrollment oi Actuaries under 29 use. 1242 (the authority to practice beiore the Service I: limited by eewon Treasury Department Circular No. 230). Unenroued Return Prepare?es 3:3: nearer under section renew) of Treasury Department Cimutar No. 230 II this declaration of representative is not signed and dated. the power oi attorney will be returned. Designation --insert Jurisdiction (state) or above letter Enrollment Card No. at Indiana 3 8? 4,9 7 7 Signature Date 1024 Application tor Recognition of Exemption manners-tn Under Section 501(3) Watt-Tm WWI-5min. Read the instructions for each Part madly. ii the required information and documents are not submitted along with Form 8718 (with payment of the appropriate user fee), the application may be returned to the organhation. Complete the Procedural Checklist on page 5 at the instructions. Partleentl?ootionot ed all linen; so uleonto-zeta: no mom [3 Section holding corporations (sateoute A. page 7) 8 Section leagues. soc'al welfare Organizatiom (Wag certain war veterans' organizations). or low modulus at were!? (Schedule 8. page at Soctron 501(cK5Hab0r. aprtounuet. or treatment organizations (Schedule 0. page 9) a El Sect-on Wes. manners or commerce. etc. (Schedule c. page 9) [3 Section 501(3meth bene?ciary societies. are. Providing Ire. ecu or otter bom?tsto moor: (Screech a. page 13) Section empebcyees' bem?r'iry mum (Parts uuwgn or and Schedule F. page u) Section soitcmot?Domeslrc fritlmal societies. orders. are. not providing life. Section 50KcX12)?8mieat lilo insurance associalictnS. otter or companies. or like organizations (Schedule 6. page Sermon :rematona. and true corp :rauore (Sdtedute H. page 16) Cl Section satin)!? Sl?Jwtw-I Mutant: comer??35 or 255' owns. other than Me or "wine (Schedule I. page 17) Section prowling tor the payment oi supplemental unemployment compensation bene?ts (Parts I through IV and Schedule J. me 16) Section post organization. auxxiiary unit. etc. or past or present members or the Armed Forces or me United Stetos (Schedule K. page 19) El Soctton 501lcli25l?Trtie holding corporations or trusts (Schertulo A. page 7) to Full nat'ne oi organization (as shown in organizing comment) 2 5mm identi?cation number (EN) 0? l: A the I ?WtseeSpod?ChMonsmpagszj 1850126 1b cloNamefttappIitable) 3 Nmex?elepnmnomberolpeirsonto: Contact demons? Jennifer Bingham 1c Andres: (number and street) 228 South washingcon Street 105 16 City or town. state. and ZIP code Salty A. Buairutn Alexandria, VA .2 1.344. - - - (312 232?2435 4 Month the annual Writing period ends 5 Date incomted or ton-nod 6 Activity codes (:90 back cover) December 5-12-97 123 125 1 non the orgmintton proviousty mm for recognition mutt: Code section or under anyothesocu'on otthe Code? UYas a?o- ll attaCh an explanation. Has the organization Inca Federal income tax returns or exempt organization intermation returns?Yesf state the lorm numbersN years ?led. and lntemal Revenue other: where filed. Check the box tor the type or orgamzation. ATTACH A conromco com OF 11-?me TO THE APPLICATION BEFORE MAILING. Attach a saw at the A'tictes oI lnCOIouration (including momma?! Warns) snot-vim magma 3 approuiate state of?cial; also attach a copy or the bylaws. - Attach a capy oi the Trust lndenture or Agreement. Including all appropriate signatures and dates. . 3? Attach a copy 01 the Anicles or ?ssooiation, Constittnton. or other creaumm ?t?ngt'r'udions) or other evidence that the organization was loaned by adoption of the document by 95km Also include a copy at the bylaws. ll this is a corporation or an unincorporated association that has not yet adopted nytews. check here . . . . . the penalties oI perjury that tern ed to sign this Who on Denali of room o'oaru'ulon. and that have numbed . naming the accomponypoW-td atlachmonIs. and lo the host nl my knowhdge it is true, con-M. tint! complet- .. .L. alum) (title or authority oi signer) (Date) m1uen~.uq Part II. Activities and Operational momeuon (continued) a See attached sheets. 4 See attached sheets. ?mappiicam organizatimisnow. orpianstobe. w? expiein the relatiomhip (en. {vandal support on a continuing basis; shared taciitios or employees: same of?cers. air-actors. or two-es). See attached sheets. 6 r! the unanization hes capital stock issue and outstanding. state: (1) does or classes oi the stock: (9) Nmber and par value at the shares: (3) oomidmtion ta which they were issued: and it any dividends have been paid or whemer yew orgmizetion's creating In- stmment :uthonzes diviOend payments on any class of units! stock. See attached sheets. 7 State the quali?cations Mcessaty for membership in the damnation: the classes of membership (with the oi mermers in each class): and the voting rights and privileges received. It any group or class oi persons is required to join. eased? the requirement and ?pain the relationship between those members and members who Join voiunteriiy. Submit copies 0! any mmbersiup solicitation material. Attach sanple copies of an types at certi?cates issued. See attached sheets. 8 Explain how your organization's amt: will be de?ected on dissolution. See attached sheets. 10 summamnwuaymmumm. ?b?l See attavhnd ebgegg, .No Does the aganizatvon have any martian to provide Insurance tor manners. than dapmdents. or otmrs ?ncluding . . . . . . . . . . . . 'Yes.? ascribe and explain the arrangements eligibility Mes and attach 8 Same copy of each plan documnt and each type of policy issued. EM 13 Is the mnizahon under the supervisory unset-cum at any DUNN: regulalo'y body. such as a social wottan agmcy. etc.7. . . . It ?Yes." submit coplcs at all administrative opinions of 000" decisions mending this supeuvision. as well as copies of or tequests tor the opnions or decisionsexplain in detalL the a and any between the applicanl organization and . Wt. (It the organization is reements. please attach a single. repyesenlatwe copy of the leases.) See attached sheets . x. 15 Has the orgamzatm spent a. dues it plan ta Spend any money attempting to :ntlum sanction. nomination. electm or appointment or any person to any Federal. state. 0: local pubhc cmce or to an om? an a political organization7. CI 7.3 ?Yes.? explain In detail and list we amount: spent or to be Spent each case. 16 Does the mammalian pub'Ish pa?tphleta. bvocnures, newsletter: ioumals. or simirar printed matedal? ?Yes.' attach a recent copy at each. 11 mammwaaw mumwum WU See attached sheets. ,i EL 2 See attached sheets. 12 Susan B. Anthony List. Inc. 228 S. Whahington St.. Ste 105 Alexandria, VA 22314 BIN 54-1850126 Form 1024 Part II. Activities and Operational Information 1. Past events: Meetings with major potential donors. The President met with approximately thirty-eight peOple to solicit donations. Approximately 50% of organization time was spent on this. Preparation of mailings giving notice of a new organization, and two fundraising letters. The executive Director was responsible for this and it was carried out at the corporate office. Approximately 30% of organization time was spent on this. Press conferences at the Capitol Building on May 25th, 1997. The deputy executive director organized this press conference to be coordinated with the moving of the Susan B. Anthony statue from the to the rotunda of the Capitol Building. Approximately 15% of organization time was spent on this. Meetings with major political organizations to encourage them to tell prolife candidates about the new organization. The President and Executive Director attended these meetings at the political organization offices. Approximately 5% of organization time was spent on this. Present events: Two fundraising events are being planned for September/October. These will be held in a D.C. restaurant and a residence in Lansing, Michigan. The Executive Director and Director of Fundraising Events will conduct these activities. Approximately 30% of organization time will be spent on these events. Prospect mailings for the purpose of membership development. The Executive Director will supervise this activity which will take place in the corporate office. Approximately 30% of organization time will be spent on these events. Production of seminar materials for the candidate training. The President and Executive Director will prepare these materials. Approximately 15% of organization time will be spent on this. Production of a membership brochure. The Executive Director will initiate this activity at the corporate office. Approximately 10% of organization time will be spent on these events. House parties (fundraisers) are being organized by the Deputy Executive Director in various states Where people volunteer to do so. Approximately The President will continue to meet with major donor prospects. Approximately A quarterly newsletter will be produced by the Executive Director and Deputy Executive Director beginning October 15th. Approximately Future events: The President, Executive Director, Deputy Executive Direc:or, and Director of Events plan to initiate the following activities as time and funds permit: Membership development through prOSpect mailings, telemarketing, spread :he word letters (requesting members to send in names of others who 13 Susan B. Anthony Ligt. Inc. 228 s. washington St., Ste 105 Alexandria, VA 22314 BIN 54-1850126 Porn 1024 may be interested in SBA List), web site, and house party program. Approximately 25% of organization time will be spent on these activities. Work to obtain positive press coverage. Approximately 10%. Membership communications through quarterly newsletter, fax newsletter. Approximately 10%. Student intern program to have an intern in the office during all working hours to assist with projects. Approximately didates and their sful campaigns . Approximately 25%. Fundraising plan including (1) production of materials and literature including a high dollar brochure for major donor prospects, membership brochure, video for major donors and house party project; (2) fundraising appeals, three annual events in the Washington, DC area; (3) a finance committee of individuals who agree to contribute or raise $15,000 per year to the SBA List; and (4) a major donor program committee to raise $100,000 in 1997 and $125,000 in 1998 from individuals and corporations. Approximately 25%. 2. The general public will provide all support through the Finance Committee, Major Donor Program, Fundraising Events, Direct Mail Solicitations, Housefile Mailings, House Parties, and Telemarketing. 3. Marjorie Dannenfelser (chairman), 5310 N. 26th Road, Arlington, VA 22207 Susan (vice chairman), 2534B S. Arlington Mill Dr., Arlington, VA 22206 Kate Hinton (secretary), 33 Bridges Ave., Newtonville, MA 02160 Larry Ruggiero (treasurer), 251 S. Reynolds St., Apt. M220, Alexandria, VA 22304 Susan Gibbs, 201 S. 18th Street, #1614, Philadelphia, PA 19103 Mary Hallan, 100 W. Chestnut Street, Apt. 2107, Chicago, IL 60610 Mike Hudome, 5903 Devonshire Drive, Bethesda, MD 20816 Susan Lataif, 13 Horseshoe Bend Road, Rome, GA 30165 4. Not applicable. 5. SBA List plans to have an internal political action committee (PAC). 6. SBA List has no stock. 7. The Corporation shall have one (1) class of members and all members shall have the same rights, privileges, duties, liabilities, limitations and restrictions. The members shall consist of those natural persons who have met the criteria for membership as established by the Board of Directors by 14 Susan B. Anthony List. Inc. 228 8. Washington 8t., Ste 105 Alexandria, V1 22314 BIN 54-1850126 Form 1024 resolution. Currently those persons who contribute $5.00 or more during a two year period are considered members. Members shall have the right to vote for one at- -1arge member of the Board of Directors from a list of two nominees proposed by the Board of Directors. No membership certificates will be issued. 8. Upon the voluntary or involuntary dissolution of the Corporation the Board of Directors, shall, after paying or making provision for payment of all of the liabilities of the Corporation, dispose of all assets of the Corporation exclusively for the purposes of the Corporation in such manner, or to such organization or organizations organized and operated exclusively for charitable, educational, religious, scientific, or legislative lobbying purposes as shall at the time qualify as an exempt organization or organizations under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law), as the Board of Directors shall determine. Any such assets not so disposed of shall be disposed of by the City Court of Alexandria, Virginia, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. 10. The training seminar for non-PAC endorsed candidates and potential candidates will charge a tuiLion fee designed to cover the expenses of the seminar. 14. SEA List leases office space from HWSC. LTD. A c0py of the lease is enclosed. There is no relationship between the parties other than that of lessor and lessee. 15 Fumlo?t?evJ-Bn m5 MELFlnanclalDlh ustbe 'led all licettits ALStoternent of Revenue and Expenses Revenue (ether-?utte- 5-12 15 M1 o) 19.9.? 0 0 19.9.5 0 1674210 390.000 9mm . 502.000 the organintlm?s exempt purpou (attach 0 0 Gain from sale at assets. excluding Inventory items (attach schedule). 0 0 Investment income (see pageaoimeinsuuciionsl 0 0 0 Other revenue (attacn schedule). 0 Total revenue (add lines 1 through 7) . 0 167.2! 390.000 502 .000 482.000 1.374.000 Expenses Expenses attributable to activities related to the 299.304 22L149 866.278_ organization' 3 exempt purposes. . . Expenses attributable to mutated biomass activities (1 Contributions. gifts grants. and similar amounts pald (attach schedule). 0 0 0 Other sa?ariesandwages. . . . 165.000 interest. 0 0 0 Occupancy. Depreciation and depletion 0 0 Other expenses (attach schedule) . 0 383,750 0 464 .304 453,34 1). .298 ,403 Total expenses (add lines 9 through 18) . Excess oi revenue over expenses (line a minus line 19696 20.651 75 -591 Assets CashAccounts receivable. net. inventories . Bonds and notes receivable (attach schedule) Corporate stocks (attach schedule). Mortgage loans (attach schedule). Other investments (attach schedule) Deprecu Ne and depieiabie assets (attach schedule) 1 Land . . Other assets (attach schedule). Total assets . a desk, Liabilities Accounts payable. Contributions. gifts. grants. etc. payable. Mortgages and notes payable (attach schedule) . Other liabilities (attach sd'iedule) Fund Balances or Net Assets Total fund Mamas or net assets. Total llebilitles and tune balances or net assets (add line 16 and line 17) 6 8. Balance Sheet (at the end oi the period shown) compuceZZr, 2 printiiers, .2 fi:11ng c?alnn'ets 004?11'506.30L there has been any substantial change In my aspect oi the orgaiaatlon's. financial activities since the and at the period shown above. check the box and attach a detailed explanation. 16 . . . . . . . . tt?M?mquestione. 2 ltyoum'No" toquutiont . sectiond..01ot?m Freda-85.199232. 6.8.490. tormwtomatic If 'Yes.? manankation mtm'uesmdet WW: amms. 12-month uten?on ot the 15-mqmn wing ?mi-cum; y; .. It answof weft-ton 3. 3 . . remnhhactionandgood lt'No,? BS. tanth?mqurementsolsectton 501 otRev. H0992 'Yes.? answe! question 4. wish to tequat relic! hum the 15-month ?ling requhemont? . Yes No 4 It you answer ?Yos' to question 3. does the mediation It Was: give the reasons tor not ?ling this app?cation odor to betng contacted by the IRS. See Speci?c Instructions. Part IV. Line 4. page 4. before completing Item 00 mt answer question 5. II answer quosttm 5. 5 It you answer ?No? to question 4. your organization's mutation as a sedan 501(c)(9) or 501(c)(17) organtzatton can be moognlzod onty tram the date ?Ii: Hited with the key district director Thetetoto. does the ammunition want us to consider its as a reqmst to: recognition of exemption as a sectton 501(c)(9) or 501(c)(17) organization 1mm tho date the Is received and not retvoactivaty to the date that otganlzatlou was ranformed'I. 17 3 a deterrnmatron or toting iettor recognizing it as uemot tram mutton. please attach a copy at the letter. cupoation or trust caution? in section 501(c)(25). state the basis whereby each sharehotoer is described in section a admiration 3 mike latter recognizing that. organization as ?not in the case at 501(c)(25)(Ci. For each organization described that has trom taxation. pm attach a copy oi the ietter?Yes.? when percentage oi the total rent. as reputed on the ?nancial statements in Part is attribmabie to personal otopeny? Will the organization receive tnoorm which is incidentaliy derived trom the holding at real prope?v. such 'Yes.? what montage of the organization?s gross income. as reported on the ?nancial statements In Part ill. is incidentdiy derived tram the hoiding oi teat property? m? the amortization receive income other then rent irom real otoperty or personal propeny leased with roai . . . . . . . . . . Yes DNO it 'Yes.? desc?be the source oi the income. Instructions Line 1,?Provide the motioned intormniion on each organization tor it's. ceecribe? the organization (as shown it its IRS detennination which the applicant organization hoids title to property. Aiso imitate letter). the and types oi shares 01 the moi-cam organizatio't's stook um ASP-Indicate ii the shareholder quali?ed pension. pro?t-sharing. or stock bonus ptan that Um ?Fot purposes at this question. ?excess of ?venue over meets the requirements oi the We; animtion's income tor a particular tax year 2. A government pian: . a. An organization described in secum 501(c)(3); or Una?Ghana? basis tor its exempt status and the intomal Revenue Code section *Wd ?cum 5??(Cii25i- 18 . in Section 501(c)(4) [Civic New. social welfam 0.!ng etc. of yew-an? emulation: not or eppiying for or local mutations oi outplayees-i math-1501mm me . hpo??nlacWI. . DYCSENO mm?o?mawnm amnion pesqun orplantopedermtior when. . . . . aiming 3. and 4). entertm panama item numbef new.) the W?a?on 50" a it the uganization is claiming exemption as a homeownefs? o: maintains restricted in any way? . . . . association, 'Yes: explain. 4 II the otgmnizatic: is claiming exemption as a Iocai association at einpsoyees. state the name and address oi each employ? whose employees are eligible for membership in the association. 11 employees 01 more than one pint or o?ice ol the same mloyet are eligible for membership. office. give mouddtess at each ptantu Not applicable . 19 Sum 33%} mg; 228 8t.4.8te 195 - Aldxandzia. VA 22314 BIN 54-1850126 Porn 1024 SOLICIATION LETTERS AND BROCEURES 20 21 TALKING ABOUT THE SUSAN B. ANTHONY LIST CONGRESSMAN HENRY HYDE "51mm ll. Anthony List I: on (he mm'wz alqv aft/u: I?m-Ufa "um-mum inlay. Their unrk essential and "mum to combat the (111"an currently in n?icc. (3y fmm?m; on ?m?ng. training and cha?ng pth?- uomcu to Cmtguss. dry m'dvd- 0w fonts on their (unm- unj.? CONGRESSWOMAN ANNE NORTHUP "Susan Anthony List helped me get to Congress. But, u: use: the help 0/ mon- (Im-Il?: ?mm in Congress. Inn-Wt umnm an: sewmly mmumbcm! (r3 [nomim mu! train nurse ?mum we gr: the Mp ur need. Your sumxm will maln- daj?nmcc. SENATOR RICK SANTORUM ?771: Susan B. Antlumy List is an lirm (hm it u" the [mm lbw: "fuming who ?1'0 [thin to (mucct the Bean lnyu/(y and dalicalim: ufits members In 31mm (3. Andumy List has male m'nlmd a my slum [mint Their nm?ss is mull mnmim- u'mnm in Campus uc (If lb" umuw?ng is inummnt came. the mu in 0] 0w highest Praia: and CONGRESSWOMAN )0 ANN EMERSON "qu3 (In: yea-s. the mtly ux'cc that hm (mm heard 1h: mu- (hm my: '_wu haw. (o (um: dun'a' and the only one it I take that as ciudlemyc. The Susan B. Anthony Us: [mn?fcd mu md other umncn (he (Wmullily address that chalk-"m: and educate uunvnc that (It: only dux'n- is to alumna miners ?hm! due (ulna oflumum life. \mGx?m; our mim?m if nuke 'duu mkc' heard cum: all puny lines. SUSAN B. ANTHONY LIST l?RIJ-Hl?li IN n" :11: ??71 CONCRESSWOMAN SUE MYRICK "The. often gmumunl by the I?m?thrice mud is that they represent nothing mu? bu [urzr'wr?tnn the truth. The Swan 13. Anna")! List is the [manicu- Wain" In 1h: lwian ?mum; mmu-r this EC in the but possibl: any; by ch'cmyz sums I-lifc ?mum to Congress. tom rm; SBA LIST - Ya, I would like to help. I agree! We can heat EMILY's List and give pro-life women candidates a fighting chance from day one. I look lorward to working with you tltrutrghout the year to ensure that a new cadre of pro-lilo women walk the halls of Congress after the WM election. Enclosed is my contribution to help Implement this Important effort. Please let me know how I can help. Please make checks payable to: SUSAN B. ANTHONY $25 550 $100 $250 5500 Name: Address: - City. 51', p: Home Plume: \Abrlt Phone: Fax: Mail to: SUSAN ll. ANTHONY LIST 220 SOUIH WASHINGTON STREET 10$ ALEXANDRIA, VA 323" Susan B. Anthony List. Inc. Is a set (41 membership organization. Corporate contributions are atcepterl, there are no "O?l?bulltm limits, and . all contributions are conlit'lenllal. Contributions to the Susan B. Anthony List are not tax for federal income tax primescs. Marjorie bannenfelser CHAIRMAN or THE BOARD lane Abraham Jennifer Bingham EXECUTIVE ADVISORY Hon. Helen Chenoweth Ellen Hon. Ion Christensen Mary Ellen Burk Hon. Barbara Cuhin Ambassador Holland Coors Mon. to Ann Emerson Carol Crossed Hon. Henry Hyde lohn lay Daly Hon. Sue Myrick Fran DcWine Hon. Don Nickles Serrin Foster Hon. Anne Kay C. tomes Hon. Ileana Ros-Lehtinen loanne Kemp I-lon. Andrea Seastrancl Patricia Kempthorne Hon. Barbara Vucanovich Frederica Mnll?tewes-Green Kim Alexis Nina May Helen Alvaro Admiral lautes Watkins EXECUTIVE COMMITTEE Ben Gingham, Chairman Kathleen Mae-manus Mona Charen Marni Casey McGrath Cathy Deeds Ruthie Betsy [3ch Linda Nickles Ann Carr English loan Prince Maureen Malloy Fergustm Karen Santorum Mariel Cass Diane Terpcluk Bill Kristol Cheryl Weber Thomas Lehrman ?Susan B. Anthony list. lnt?.? is a trol-lm-prolit membership corporation organized to promote Susan B. Anthony's to entl ahoninn and eliminate the circumstances that lead ?when to choose the tragedy ol abortion by training pro-Ills women in the electoral worms. in effective public service, and in the fundamentals of cammigns for of?ce. The Susan B. Anthony List will conduct all activities in accordance with United States Internal Revenue Code nl 1986 under Section SCI l4). 22 $115.45 Inrw; not 919 Street 22]? Phone 703-093-5558 Fax 703.543.55c3 Jan- Abraham Presidenl Jennifer Binglum Execuuw Ben Bmgium. Chairman Mona Church Cathy Duds Bus)- Ann Car: English Maureen Halley Ferguson Mam-l 5055' Bill K'istol Thomas Ruthie Kathleen Nickles loan Pnnce Samnrum Dune Cheryl ADVISORY COMMITTEE Hon. Helen Chumm't'th Hon Barbara Cubin Hon JuAnn Ema-non Hon Henry Hyde Hon Suc Mimi: Hon Don Nick-ks Hon Anne an?thup Hon, Ileana Pus-Luhuncn lion Andrea Hun. Barium \?ucunovacl? Helen Elli-n Mar)- ?llcn [link Holland Coors Cami Crossed John Dah- an ilk-??ne 5min Foster Joanne Kemp Patricia Frederica Mathews-Green Admiral jamcs B. In? on :u hut-m EXECUTIVE COMMITTEE July 31. 1997 NAME ADDRESS CITY, ST ZIP Dear Name: I write to you today to ask for your help in informing pro-life women candidates about the Susan B. action committee can to do help their campaigns. Our goal is simple - recruit pro-life wom through the Political Action Committee, train ough campaign schools, and financially through the PAC. Our vision is to send ev Congress, until one day, pro-life women 0 en to run for federal of?ce these women and their staff support their campaigns en more pro?life women to utnumber pro-abortion Us . Second, let me tell you about our successes. elections, the SBA List's political commi elected to the U5. only one pro-life Congresswoman. In 1996 alone Susan B. Anthony List?s political committee increased its membership 350% to 3,500 and we raised over $313,000, an increase of 525% from the previous year. Third, let me tell you why America needs the Susan B. Anthony List. Currently pro?life women make up less than 15% of the women in Congress - the other 85% are pro-abortion. In the Senate, none of the nine women are pro-life. For every pro-life woman in Congress like Representative Barbara Cubin, there are nearly nine pro-abortion women like Senator Patty Murray who dominate the abortion debate on the House and Senate floors. 23 Anthony List and what our political Jr?? . - thry?a?r alone- extreme pro?abortim?sts on the floors of Congress. We need more women who axe articulate and who will undonditionally defend the lives of the unborn. Our goal now is to eVen the playing field. We have a lot of work ahead of us for the. 1998 elections and we can not do it without your support. Lastly, I'd like to ask for you: help. The SBA List?s goal is to establish a network that will inform all pro-life women candidates and potential candidateS across the country 'of the puxpose of the SBA List and what we can do to help their campaigns. You can help, by referring potential candidate. for federal of?ce to the SBA List PAC. The task ahead is a challenging one. With your support and the support of so many dedicated pro-liters across the Country, we can meet the challenge and beat List and their 35,000 members and give pro-life women candidates a ?ghting chance from day one. Please send in the enclosed Candidate Information Reply today. If you have any questions please feel free to contact our Executive Director, Jennifer Bingham, at (703) 683- Sincerely, Jane Abraham President Enclosures 24 -, SUSAN B. Axt?om? LIST it?? helm-hang. ls I?m Mme? Alt?C. 919 Prince Street Alexandria, Va 22314 Phone idiom-5558 FM. 703-540-5535 Jane Alix-slum President Jennifer Beware Director EXECUTIVE COMMITUEE Ben utngnam. Lnunnan Mons Charm Cathy Deeds Betsy DtVos Ann Carr English Maureen Mulloy Ferguson Mariel Goss Bill Kristol Thom: Lehman Rurhzc McIntosh Kathleen Mscmanus Marga Casey McCrath Lind: Nickles Joan Prince Karen Santorum Diane Terpcluk Cheryl Weber ADVISORY Hon. Helen Cheneu'eth Hon. Jon Chnsumsm Hon. Barbara Cubin Hon. )0 Ann Emerson Hon Henry Hyde lion. Sue Hon Don Nickles Hon. Anne Nonhup Hon. Ileana Rus-Lehunen Hon Andres Hon. Barbara Vucann' 5:11 Kim Alexis Helen Alt-are Ellen Ellen Bork Ambassador Holland Coors Carol Crossed john Jay Duly Fran DeWme semn Foster Kay James Joanne Kemp Patricia Kempthomc Frederica Mathews-Green Nina May Admiral James Watkins NAME ADDRESS CITY. ST ZIP Dear FIRST NAME: August 15, 1997 On Tuesday, September 30, 1997 the Susan B. Anthony List will host it?s annual ?Bash on Capitol Hill.? This year?s event will be at the Capitol Brewing Company ?under the tent.? 1 write to you today to ask for your support of this event. The purpose of the ?Bash on Capitol Hill" is to raise money for our Membership Development Plan. The goal of the Plan is to have 10,000 members by the 1998 elections. In 1996, with our membets? suppon, we increased our membership 350% from 1,000 to 3,500. Because of that increase, our political committee was able to raise nearly $150,000 for our endorsed candidates. In the ?rst six months of this year, over 1,000 new members have joined the SBA List across the country. Although this is a tremendous accomplishment in such a short time, we still have a lot of work to do over next year and we cannot do it without your support. As i have mentioned to you in the past, List raised $13.7 million dollars last year, which makes them the largest political action terrains: in the country. List can raise this kind of money because they have over 35,000 members giving an average contribution of nearly $400 in 1997 to support provabortion women candidates! As'you can see, membership is the cornerstone of their organization and must be ofour organization. We must reach our goal of 10,000 members by the 1998 elections so that we can give pro-life women candidates a ?ghting chance from day one. We have pm together a Membership Development Plan to help us reach our goal over the next year. I have enclosed the Plan for your review. I hope that you will be an intregal part of this plan. There are seven new pro-abortion women in Congress today because of EMILY's List?s 35,000 members. We need your support to help increase QuLstrength -- and we all know strength is in numbers. This has been proven every year by the pro-abortion forces. Let?s show them that we are going to ?ght back and change the trend of electing a majority of pro-abortion women to Congress. 25 (2) Please help or implement our Membership Development Plan today by supporting the ?Bash on Capitol Hill.? I hope that you be a Benefactor for $5,000, Sponsor for $1,000, Friend for $500, or on the Host Committee for $125. The invitations go to print on August 29, so we need your con?rmation fax (enclosed) as soon as possible. Thank you for your continued support of the Susan B. Anthony List. Please return the enclosed RSVP form by Friday, August 29. I look forward to seemg you on Tuesday, September 30 for the annual ?Capitol Hill Bash.? Sincerely, Jane Abraham President P.S. Please send in the enclosed RSVP form today. It is so important that pro-life women have the backing they need. That is why our Membership Development Plan must be successful. Please be generous. Enclosures 26 TRAINING PRO-LIFE WOMEN IN THE POLITICAL ARENA HILL RECEPTION CAPITOL BREWING COMPANY UNDER THE TENT TUESDAY, SEPTEMBER 30, 1997 6:30 PM - 8:30 PM FAX OR MAIL RSVP BY FRIDAY, AUGUST 29 Jane Abraham Susan B. Anthony List 228 South Washington Street, Suite Alexandria, VA 22314 Fax: (703) 549-5588 NAME: ADDRESS: CITY. ST ZIP: HOME PHONE: WORK PHONE: FAX: YES, I would like to be a Benefactor for the "Capitol Hill Bash." I will mail a check in the next few days I I have enclosed the check for $5,000. YES, I would like to be a Sponsor for the "Capitol Hill Bash.? I will mail a check in the next few days I have enclosed the check for $1,000. YES. I would like to be a Friend for the "Capitol Hill Bash." 1 will mail a check in the next few days I have enclosed the check for $500. YES, I would like to be on the Host Committee for the "Capitol Hill Bash." 1 will mail a check in the next few days I have enclosed the check for 5125. NO, I am unable to be a Benefactor, Sponsor, Friend or Host for the "Capitol Hill Bash,? but 1 hinge enclosed a contribution in the amount of to help the SBA List with the 1997 Membership Development Plan. Please make checks payable to: Susan B. Anthony List, Inc. Susan B. Anthony Ust, Inc. is a 501 (4 membership corporation. The SBA List can accept contributions at any amount and can accept corporate contn' utions. All contributions are con?dential. Contributions to the Susan B. Anthony List are not tax deductible for federal income tax purposes. ?r'uf' . ., Wyn-71." x. .n .3 -. PLEASE TURN OVER 27 ?lwouldliketohelptheSusanB. I 1998e1eetions. following?hkeminded? individuals (please include mmeandeomplet: was): I.) 2.) 3.) 4-) 5.) 6.) 7.) 8.) 9.) to.) Hme?am House Parties are events where SBA members invite their friends and oollegues to their homes to law more about the SBA List. I know that this program is a very important part of the Membership Development Plan and I would like to be involved. I would like to help the SBA List increase membership by hosting a house patty. Please send me more information about the program. My Name: 28 TRAINING PRO-LIFE WOMEN iN THE POLITICAL ARENA MEMBERSHIP DEVELOPMENT PLAN Membership is the cornerstone of the Susan B. Anthony List organization. The SBA List's goal is to increase membership to 10,000 by the 1998 election cycle. Current membership is 4,500; this is up from 1,000 in April 1996. The following are the programs that we have developed to achieve this goal. I.) In this program, the SBA List rents pro-life donor lists across the country and mails them a letter from one of the many supporters who have agreed to sign a letter on our behalf. Congressman Tom DeLay, Steve Forbes, Congressman Henry Hyde, Vice President Dan Quayle, and Congresswoman Barbara Vucanovlch have all agreed to sign letters. The goal of prospecting direct mail is to bring in new members while breaking even (cost versus donations). The average number of people that respond to prospecting mail is it is our experience from the past year that the average initial gift for each new member is $35 and that they will give an average of $54 to PAC endorsed candidates, thus making up for the high initial cost of this membership program. This fall, thousands of these test letters will be sent. Our goal is to have 3,250 new members join the SBA List through this program in the next year. Wins In this program, the SBA List rents pro-life lists across the country and calls these potential members to ask for their support. Currently, we are working on a program where Congresswoman Sue Myrick taped a message about the SBA List to be played to potential members. The goal of telemarketing is the same as prospecting direct mail -- to break even. The average response rate for this program is 3% and an initial contribution of $20.00. The cost of telemarketing is three times as much as prospecting mail, but it is important to do this program because some people only respond to a phone call and not a piece of mail. Our goal is to have 1,500 new members join the SBA List through this program. 29 11waver-you know, with each letter that we send to our membership, we ask that you send us names of your ?-iends that you consider of "like mind." We then send them information about the SBA List. These letters are mailed approximately twice a month. The average response rate for this program is 3% with an initial contribution of $35.00. In the past two months, members have sent us over 1,500 names. Our goal is to have 500 new members join the SBA List through this program. Mariam House Parties are events where SBA members invite their ?iends and colleagues to their homes to learn more about the SBA List. The cost for the tickets to these events is at least $25 per person. This is a low cost way to increase membership across the country and an important part of our membership plan. The goal is to have at least one house party per month across the Country in 1997. Then in 1998, we would like to increase this to two per month. In 1996, we received an average of 16 new members per house party. Since May, we have received nearly thirty inquires to host house parties. Our goal is to have 250 new members join the SBA List through this program in the next year. V. - Jr, 5? I . inr- 35 1- 1:55. unt.1.- . SUSAN .. {will -. 919 Prince Street Akmidm. v: 22314 I hone: 703.533.5555 Fax: 703649-5588 1m: Ahmlum President Jennifer Gingham EKtL?tltirc Director EXECUTIVE COMMITTEE Ben Chairman Mom Chan? Cathy Deeds 3:57 DcVos Ann Carr Engl?ush Mlunen Mallory Ferguson Mariel (me Bill Kristol Thames Lehman Ruthie McIntosh Kathleen Macmanus Matgi Casgy Linda Nickles Joan Prince fen Santumm lane luk Chery: met ADVISORY COMMIITT Helen Chenmveth Hon. Ion Christensen "00- Barbara Cubin lien. 10 Ann Emerson H00. Hurry Hyde Hon. Sue Mm?ck Hon Don Anne No?iiup Hon. Ileana Hon. Andra Hon. Barbara Vucanovich Kim Alexis Heien Alum Ellen Mary Ellen Bolit Ambassador Holland Coors Carol Crowd - john Jay Dal, Fran DeWinc Fog? Kay James. 101?!? Kemp Patricia Kempthomt Frederica MJtheww-Gmen Nina Ma)- lama Watkins . . .jtmnonr List a new? hour In.? In 1-: erm um August 27. 1997 ?First? ?Last? ?Address? ?City?, ?Zip? Dear ?First?: On Monday, September 22, 1997 our pro-life women legislators will host a reception for the Susan B. Anthony List, a 501 (4) membership organization dedicated to helping elect pro-life women candidates to the US House and Senate. I write to you today to ask for your support of this event. The Honorary Chairmen of the event are Lt. Governor Connie Binsfeld, Secretary of State Candice Miller and Betsy DeVos. The event will be held at the home of Polly Brennan (6151 Park Lake Road, East Lansing, MI 48823) from 5:30 pm to 7:30 pm. Our Special Guest will be syndicated columnist, Mona Charen. The purpose of the reception is to raise much needed funds to help the Susan B. Anthony List prepare for the 1998 Election cycle. in the past few months women?s organizations have been raising money in Lansing to help ?women candidates." In fact, all of these organizations only support pro-abortion women candidates. That is why this event is so important. We must show the pro-abortion forces that pro~life women candidates will be well ftmded and are a force to be reckoned with. First,iet me tell you a little bit more about the Susan B. Anthony List. The List is a not-for-pro?t membership organization established to promote Susan B. Anthony's philosophy of abortion prevention by training pro-life Women in the electoral process, in effective public service, and in the fundamentals of successful campaigns for public of?ce. The organization was named after Susan B. Anthony because she was outspoken againSI abortion, calling it "child murder." The SBA List?s goal is simple recmit pro-life women to run for federal of?ce through their Political Action Committee, train these women and their staff through campaign schools, and ?nancially support their campaigns through the PAC. Their vision is to send even more pro-life women to Congress, until one day, pro-life women outnumber pro-abortion women. Second, let me tell you about their successes. During the past two elections, ten pro life women were elected to the us. House of Representatives. where, for many years, there wm only one. In 1996 alone Susan B. Anthony List's political committee increased its membership 350% to 3,500 and we raised over $313,000, an increase of 525% from the previous year. 31 ?fth}: Third, let me tell you why America needs the susan B. Anthony List. Currently pro-life Women make no less than 15% of the women in Congress - the other 85% are pro-abortion. In the Senate, none of the nine women are pro-life. For every pmlife woman in Congress like Representative Barbara Cubin. there are nearly nine pro-abortion women like Senator Patty Murray who dominate the abortion debate on the House and Senate ?oors. The pro-abortion women have six nearly $20 million in the past year aloneThe Susan B. Anthony List realizes that women are the key to countering the extreme pm- abortionists on the ?oors of Congress. We need more women who are articulate and who will unconditionally defend the lives of the unborn. There are seven new pro-abortion women in Congress today because of List?s 35,000 members. We need your support to help increase msuength - and we all know strength is in numbers. This has been 13me every year by the pro-abortion forces. Let?s show them that we are going to ?ght back and change the trend of electing a majority of pro-abortion women to Congress. Please help the Susan B. Anthony List by supporting the September 22, 1997 Lansing reception. I hope that you will be a Sponsor for $1,000 or on the Host Committee for 5100. The invitations go to print on August 27. so we need your continuation fax (enclosed) as soon as possible. Please feel lice to call Jennifer Bingham, the SBA List Executive Director, on (703) 683-5558 if you have any questions. Please return the enclosed RSVP form by Friday, August 29. I look forward to seeing you on Monday, September 22. Sincerely, Jane Abraham President P.S. Please send in the enclosed RSVP form today. It is so important that pro-life women have the backing they need. Please be generous. - Enclosures 32 $0.4m TRAINING mourn IN THE POLITICAL ARENA LANSING, MICHIGAN RECEPTION AT THE HOME OF POLLY BRENNAN 6151 PARK LAKE ROAD, EAST LANSING MI 48823 MONDAY, SEPTEMBER 22, 1997 5:30 PM - 7:30 PM FAX 0R MAIL RSVP BY FRIDAY. AUGUST 27 Jane Abraham Susan B. Anthony List 228 South Washington Street, Suite 105 Alexandria, VA 22314 Fax: (703) 549-5588 NAME: ADDRESS: CITY, ST ZIP: HOME PHONE: FAX: FROM: WORK PHONE: YES, I would like to be a Sponsor for the September 22, 1997 SBA List reception. 1 will mail a check in the next few days] I have enclosed the check for $1,000. YES, I would like to be on the Host Committee for the September 22, 1997 SBA List reception. I will mail a check in the next few days I I have enclosed the check for $100. 1 NO. I am unable to be a Sponsor Or a Host for the September 22, 1997 SBA List reception, but I have enclosed a contribution in the amount of to help the SBA List with its efforts. In addition, please send an invitation to the event to the following ?like minded" individuals (please include name and complete address): A 1.) 2.) 3.) 4.) 5.) Please make checks payable to: Susan B. Anthony List, Inc. Susan B. Anthony List. Inc. is a 501 (4gmembership corporaton. The SEA List can accept contlibutions of any amount and can accept corporate oontri utions. All eontnbunons are eomidentim. Contnbutlons to the Susan B. Anthony List are not tax deductible for federal income tax purposes, 33 EXHIBIT SECRETARY OF STATE Name of corporation and Charter Number: Registered office address: Date: 12 2 2 I 1 999 Susan B. Anthony List PAC, Inc. 16309 Pine Mtka MN 55345? CERTIFICATE OF INVOLUNTARY DISSOLUTION The Minnesota corporation listed above has failed to file the annual registration required by Minnesota Statute Section 317A.827. Notice of this delinquency was given to the corporation at its registered office address of record more than 60 days ago and the corporation was informed that dissolution would occur if the delinquent registration was not filed. No registration has been filed and therefore the corporation is dissolved pursuant to Minnesota Statute Section 317A.827. The corporation ceased to exist as of the date of this certificate which is shown aboveat; its ?353* 1. get i Ergo?: m. a; EXHIBIT I Domain Report - UCampaignApp.com Domain Name UCampaignApp.com Prepared On April 12, 2019 Website Screenshot taken 11/06/2018 About This Report This report documents a thorough analysis of the Internet domain name "UCampaignApp.com". It draws on the extensive DomainTools dataset and aims to deliver a comprehensive view of the domain's ownership profile, key historical events and technically linked domain names. All data in this Report is, or was, freely available through standard Internet DNS and query protocols. DomainTools has not altered the data in any way from its original form, except in certain instances to format it for readability in this Report. Data from DomainTools is presented as-is, and as captured from the original source. We make no representations or warranties of fitness of any kind. About DomainTools DomainTools offers the most comprehensive searchable database of domain name registration and hosting data. Combined with our other data sites such as DailyChanges.com, Screenshots.com and ReverseMX.com, users of DomainTools.com can review millions of historical domain name records from basic Whois, and DNS information, to homepage images and email settings. The Company's comprehensive snapshots of past and present domain name registration, ownership and usage data, in addition to powerful research and monitoring resources, help customers by unlocking everything there is to know about a domain name. DomainTools is a Top 250 site in the Alexa rankings. Reach us at memberservices@domaintools.com if you have any questions on this report. UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 2 Domain Profile As of April 12, 2019 Ownership Registered Owner Domains By Proxy, LLC Owned Domains About 17249037 other domains Email Addresses abuse@godaddy.com ucampaignapp.com@domainsbyproxy.com Registrar godaddy.com, llc Registration Created Apr 25, 2014 Expires Apr 25, 2020 Updated Mar 10, 2016 Domain Status Active Whois Server whois.godaddy.com Name Servers awsdns-02.net awsdns-36.com Network Website IP Address 18.213.157.86 IP Location United States-Virginia-Ashburn Amazon Technologies Inc. IP ASN AS14618 Website Site Title uCampaign: Apps That Engage Everyone Meta Description uCampaign creates custom apps that cultivate online communities oriented to action, inciting massive engagement and making it easier for leaders to lead. Meta Keywords campaign election vote social media UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 3 Current Whois Record Reported on Apr 12, 2019 Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Updated Date: 2016-03-10T15:35:53Z Creation Date: 2014-04-25T15:26:14Z Registrar Registration Expiration Date: 2020-04-25T15:26:14Z Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.4806242505 Domain Status: clientTransferProhibited http://www.icann.org/epp#clientTransferProhibited Domain Status: clientUpdateProhibited http://www.icann.org/epp#clientUpdateProhibited Domain Status: clientRenewProhibited http://www.icann.org/epp#clientRenewProhibited Domain Status: clientDeleteProhibited http://www.icann.org/epp#clientDeleteProhibited Registry Registrant ID: Not Available From Registry Registrant Name: Registration Private Registrant Organization: Domains By Proxy, LLC Registrant Street: DomainsByProxy.com Registrant Street: 14455 N. Hayden Road Registrant City: Scottsdale Registrant State/Province: Arizona Registrant Postal Code: 85260 Registrant Country: US Registrant Phone: +1.4806242599 Registrant Phone Ext: Registrant Fax: +1.4806242598 Registrant Fax Ext: Registrant Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Admin ID: Not Available From Registry Admin Name: Registration Private Admin Organization: Domains By Proxy, LLC Admin Street: DomainsByProxy.com Admin Street: 14455 N. Hayden Road Admin City: Scottsdale Admin State/Province: Arizona Admin Postal Code: 85260 Admin Country: US Admin Phone: +1.4806242599 Admin Phone Ext: Admin Fax: +1.4806242598 Admin Fax Ext: Admin Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Tech ID: Not Available From Registry Tech Name: Registration Private Tech Organization: Domains By Proxy, LLC Tech Street: DomainsByProxy.com Tech Street: 14455 N. Hayden Road Tech City: Scottsdale Tech State/Province: Arizona Tech Postal Code: 85260 UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 4 Tech Country: US Tech Phone: +1.4806242599 Tech Phone Ext: Tech Fax: +1.4806242598 Tech Fax Ext: Tech Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Name Server: NS-293.AWSDNS-36.COM Name Server: NS-1493.AWSDNS-58.ORG Name Server: NS-531.AWSDNS-02.NET Name Server: NS-1763.AWSDNS-28.CO.UK DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 5 Ownership History Whois History for UCampaignApp.com DomainTools has 22 distinct historical ownership records for UCampaignApp.com. The oldest record dates Apr 25, 2014. Each record is listed on its own page, starting with the most recent record. The date at the start of the section indicates the first time we captured the record. The website screenshot, when available, will be the image captured as close as possible to the record date. About Whois History DomainTools takes periodic snapshots of domain name Whois records and stores them for subsequent analysis. The database contains billions of Whois records across hundreds of millions of domains, dating back in some cases to 2001. UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 6 Whois Record on Jan 22, 2019 Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Updated Date: 2016-03-10T15:35:53Z Creation Date: 2014-04-25T15:26:14Z Registrar Registration Expiration Date: 2020-04-25T15:26:14Z Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.4806242505 Domain Status: clientTransferProhibited http://www.icann.org/epp#clientTransferProhibited Domain Status: clientUpdateProhibited http://www.icann.org/epp#clientUpdateProhibited Domain Status: clientRenewProhibited http://www.icann.org/epp#clientRenewProhibited Domain Status: clientDeleteProhibited http://www.icann.org/epp#clientDeleteProhibited Registry Registrant ID: Not Available From Registry Registrant Name: Registration Private Registrant Organization: Domains By Proxy, LLC Registrant Street: DomainsByProxy.com Registrant Street: 14455 N. Hayden Road Registrant City: Scottsdale Registrant State/Province: Arizona Registrant Postal Code: 85260 Registrant Country: US Registrant Phone: +1.4806242599 Registrant Phone Ext: Registrant Fax: +1.4806242598 Registrant Fax Ext: Registrant Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Admin ID: Not Available From Registry Admin Name: Registration Private Admin Organization: Domains By Proxy, LLC Admin Street: DomainsByProxy.com Admin Street: 14455 N. Hayden Road Admin City: Scottsdale Admin State/Province: Arizona Admin Postal Code: 85260 Admin Country: US Admin Phone: +1.4806242599 Admin Phone Ext: Admin Fax: +1.4806242598 Admin Fax Ext: Admin Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Tech ID: Not Available From Registry Tech Name: Registration Private Tech Organization: Domains By Proxy, LLC Tech Street: DomainsByProxy.com Tech Street: 14455 N. Hayden Road Tech City: Scottsdale Tech State/Province: Arizona Tech Postal Code: 85260 Tech Country: US Tech Phone: +1.4806242599 Screenshot taken Nov 6, 2018 Tech Phone Ext: UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 7 Tech Fax: +1.4806242598 Tech Fax Ext: Tech Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Name Server: NS-293.AWSDNS-36.COM Name Server: NS-1493.AWSDNS-58.ORG Name Server: NS-531.AWSDNS-02.NET Name Server: NS-1763.AWSDNS-28.CO.UK DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 8 Whois Record on Jan 18, 2019 Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Updated Date: 2016-03-10T15:35:53Z Creation Date: 2014-04-25T15:26:14Z Registrar Registration Expiration Date: 2020-04-25T15:26:14Z Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.4806242505 Domain Status: clientTransferProhibited http://www.icann.org/epp#clientTransferProhibited Domain Status: clientUpdateProhibited http://www.icann.org/epp#clientUpdateProhibited Domain Status: clientRenewProhibited http://www.icann.org/epp#clientRenewProhibited Domain Status: clientDeleteProhibited http://www.icann.org/epp#clientDeleteProhibited Registry Registrant ID: Not Available From Registry Registrant Name: Registration Private Registrant Organization: Domains By Proxy, LLC Registrant Street: DomainsByProxy.com Registrant Street: 14455 N. Hayden Road Registrant City: Scottsdale Registrant State/Province: Arizona Registrant Postal Code: 85260 Registrant Country: US Registrant Phone: +1.4806242599 Registrant Phone Ext: Registrant Fax: +1.4806242598 Registrant Fax Ext: Registrant Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Admin ID: Not Available From Registry Admin Name: Registration Private Admin Organization: Domains By Proxy, LLC Admin Street: DomainsByProxy.com Admin Street: 14455 N. Hayden Road Admin City: Scottsdale Admin State/Province: Arizona Admin Postal Code: 85260 Admin Country: US Admin Phone: +1.4806242599 Admin Phone Ext: Admin Fax: +1.4806242598 Admin Fax Ext: Admin Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Tech ID: Not Available From Registry Tech Name: Registration Private Tech Organization: Domains By Proxy, LLC Tech Street: DomainsByProxy.com Tech Street: 14455 N. Hayden Road Tech City: Scottsdale Tech State/Province: Arizona Tech Postal Code: 85260 Tech Country: US Tech Phone: +1.4806242599 Screenshot taken Nov 6, 2018 Tech Phone Ext: UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 9 Tech Fax: +1.4806242598 Tech Fax Ext: Tech Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Name Server: NS-293.AWSDNS-36.COM Name Server: NS-1493.AWSDNS-58.ORG Name Server: NS-531.AWSDNS-02.NET Name Server: NS-1763.AWSDNS-28.CO.UK DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 10 Whois Record on Oct 12, 2018 Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Updated Date: 2016-03-10T15:35:53Z Creation Date: 2014-04-25T15:26:14Z Registrar Registration Expiration Date: 2020-04-25T15:26:14Z Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.4806242505 Domain Status: clientTransferProhibited http://www.icann.org/epp#clientTransferProhibited Domain Status: clientUpdateProhibited http://www.icann.org/epp#clientUpdateProhibited Domain Status: clientRenewProhibited http://www.icann.org/epp#clientRenewProhibited Domain Status: clientDeleteProhibited http://www.icann.org/epp#clientDeleteProhibited Registry Registrant ID: Not Available From Registry Registrant Name: Registration Private Registrant Organization: Domains By Proxy, LLC Registrant Street: DomainsByProxy.com Registrant Street: 14455 N. Hayden Road Registrant City: Scottsdale Registrant State/Province: Arizona Registrant Postal Code: 85260 Registrant Country: US Registrant Phone: +1.4806242599 Registrant Phone Ext: Registrant Fax: +1.4806242598 Registrant Fax Ext: Registrant Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Admin ID: Not Available From Registry Admin Name: Registration Private Admin Organization: Domains By Proxy, LLC Admin Street: DomainsByProxy.com Admin Street: 14455 N. Hayden Road Admin City: Scottsdale Admin State/Province: Arizona Admin Postal Code: 85260 Admin Country: US Admin Phone: +1.4806242599 Admin Phone Ext: Admin Fax: +1.4806242598 Admin Fax Ext: Admin Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Tech ID: Not Available From Registry Tech Name: Registration Private Tech Organization: Domains By Proxy, LLC Tech Street: DomainsByProxy.com Tech Street: 14455 N. Hayden Road Tech City: Scottsdale Tech State/Province: Arizona Tech Postal Code: 85260 Tech Country: US Tech Phone: +1.4806242599 Screenshot taken Oct 7, 2016 Tech Phone Ext: UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 11 Tech Fax: +1.4806242598 Tech Fax Ext: Tech Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Name Server: NS-293.AWSDNS-36.COM Name Server: NS-1493.AWSDNS-58.ORG Name Server: NS-531.AWSDNS-02.NET Name Server: NS-1763.AWSDNS-28.CO.UK DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 12 Whois Record on Jul 5, 2018 Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Updated Date: 2016-03-10T15:35:53Z Creation Date: 2014-04-25T15:26:14Z Registrar Registration Expiration Date: 2020-04-25T15:26:14Z Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.4806242505 Domain Status: clientTransferProhibited http://www.icann.org/epp#clientTransferProhibited Domain Status: clientUpdateProhibited http://www.icann.org/epp#clientUpdateProhibited Domain Status: clientRenewProhibited http://www.icann.org/epp#clientRenewProhibited Domain Status: clientDeleteProhibited http://www.icann.org/epp#clientDeleteProhibited Registry Registrant ID: Not Available From Registry Registrant Name: Registration Private Registrant Organization: Domains By Proxy, LLC Registrant Street: DomainsByProxy.com Registrant Street: 14455 N. Hayden Road Registrant City: Scottsdale Registrant State/Province: Arizona Registrant Postal Code: 85260 Registrant Country: US Registrant Phone: +1.4806242599 Registrant Phone Ext: Registrant Fax: +1.4806242598 Registrant Fax Ext: Registrant Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Admin ID: Not Available From Registry Admin Name: Registration Private Admin Organization: Domains By Proxy, LLC Admin Street: DomainsByProxy.com Admin Street: 14455 N. Hayden Road Admin City: Scottsdale Admin State/Province: Arizona Admin Postal Code: 85260 Admin Country: US Admin Phone: +1.4806242599 Admin Phone Ext: Admin Fax: +1.4806242598 Admin Fax Ext: Admin Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Tech ID: Not Available From Registry Tech Name: Registration Private Tech Organization: Domains By Proxy, LLC Tech Street: DomainsByProxy.com Tech Street: 14455 N. Hayden Road Tech City: Scottsdale Tech State/Province: Arizona Tech Postal Code: 85260 Tech Country: US Tech Phone: +1.4806242599 Screenshot taken Oct 7, 2016 Tech Phone Ext: UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 13 Tech Fax: +1.4806242598 Tech Fax Ext: Tech Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Name Server: NS-293.AWSDNS-36.COM Name Server: NS-1493.AWSDNS-58.ORG Name Server: NS-531.AWSDNS-02.NET Name Server: NS-1763.AWSDNS-28.CO.UK DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 14 Whois Record on Jun 28, 2018 Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Updated Date: 2016-03-10T15:35:53Z Creation Date: 2014-04-25T15:26:14Z Registrar Registration Expiration Date: 2020-04-25T15:26:14Z Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.4806242505 Domain Status: clientTransferProhibited http://www.icann.org/epp#clientTransferProhibited Domain Status: clientUpdateProhibited http://www.icann.org/epp#clientUpdateProhibited Domain Status: clientRenewProhibited http://www.icann.org/epp#clientRenewProhibited Domain Status: clientDeleteProhibited http://www.icann.org/epp#clientDeleteProhibited Registry Registrant ID: Not Available From Registry Registrant Name: Registration Private Registrant Organization: Domains By Proxy, LLC Registrant Street: DomainsByProxy.com Registrant Street: 14455 N. Hayden Road Registrant City: Scottsdale Registrant State/Province: Arizona Registrant Postal Code: 85260 Registrant Country: US Registrant Phone: +1.4806242599 Registrant Phone Ext: Registrant Fax: +1.4806242598 Registrant Fax Ext: Registrant Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Admin ID: Not Available From Registry Admin Name: Registration Private Admin Organization: Domains By Proxy, LLC Admin Street: DomainsByProxy.com Admin Street: 14455 N. Hayden Road Admin City: Scottsdale Admin State/Province: Arizona Admin Postal Code: 85260 Admin Country: US Admin Phone: +1.4806242599 Admin Phone Ext: Admin Fax: +1.4806242598 Admin Fax Ext: Admin Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Tech ID: Not Available From Registry Tech Name: Registration Private Tech Organization: Domains By Proxy, LLC Tech Street: DomainsByProxy.com Tech Street: 14455 N. Hayden Road Tech City: Scottsdale Tech State/Province: Arizona Tech Postal Code: 85260 Tech Country: US Tech Phone: +1.4806242599 Screenshot taken Oct 7, 2016 Tech Phone Ext: UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 15 Tech Fax: +1.4806242598 Tech Fax Ext: Tech Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Name Server: NS-293.AWSDNS-36.COM Name Server: NS-1493.AWSDNS-58.ORG Name Server: NS-531.AWSDNS-02.NET Name Server: NS-1763.AWSDNS-28.CO.UK DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 16 Whois Record on Mar 27, 2018 Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Updated Date: 2016-03-10T15:35:53Z Creation Date: 2014-04-25T15:26:14Z Registrar Registration Expiration Date: 2020-04-25T15:26:14Z Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.4806242505 Domain Status: clientTransferProhibited http://www.icann.org/epp#clientTransferProhibited Domain Status: clientUpdateProhibited http://www.icann.org/epp#clientUpdateProhibited Domain Status: clientRenewProhibited http://www.icann.org/epp#clientRenewProhibited Domain Status: clientDeleteProhibited http://www.icann.org/epp#clientDeleteProhibited Registry Registrant ID: Not Available From Registry Registrant Name: Registration Private Registrant Organization: Domains By Proxy, LLC Registrant Street: DomainsByProxy.com Registrant Street: 14455 N. Hayden Road Registrant City: Scottsdale Registrant State/Province: Arizona Registrant Postal Code: 85260 Registrant Country: US Registrant Phone: +1.4806242599 Registrant Phone Ext: Registrant Fax: +1.4806242598 Registrant Fax Ext: Registrant Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Admin ID: Not Available From Registry Admin Name: Registration Private Admin Organization: Domains By Proxy, LLC Admin Street: DomainsByProxy.com Admin Street: 14455 N. Hayden Road Admin City: Scottsdale Admin State/Province: Arizona Admin Postal Code: 85260 Admin Country: US Admin Phone: +1.4806242599 Admin Phone Ext: Admin Fax: +1.4806242598 Admin Fax Ext: Admin Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Tech ID: Not Available From Registry Tech Name: Registration Private Tech Organization: Domains By Proxy, LLC Tech Street: DomainsByProxy.com Tech Street: 14455 N. Hayden Road Tech City: Scottsdale Tech State/Province: Arizona Tech Postal Code: 85260 Tech Country: US Tech Phone: +1.4806242599 Screenshot taken Oct 7, 2016 Tech Phone Ext: UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 17 Tech Fax: +1.4806242598 Tech Fax Ext: Tech Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Name Server: NS-293.AWSDNS-36.COM Name Server: NS-1493.AWSDNS-58.ORG Name Server: NS-531.AWSDNS-02.NET Name Server: NS-1763.AWSDNS-28.CO.UK DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 18 Whois Record on Jan 23, 2018 Domain Name: UCAMPAIGNAPP.COM Registrar URL: http://www.godaddy.com Registrant Name: Registration Private Registrant Organization: Domains By Proxy, LLC Name Server: NS-293.AWSDNS-36.COM Name Server: NS-1493.AWSDNS-58.ORG Name Server: NS-531.AWSDNS-02.NET Name Server: NS-1763.AWSDNS-28.CO.UK DNSSEC: unsigned For complete domain details go to: http://who.godaddy.com/whoischeck.aspx?domain=UCAMPAIGNAPP.COM Screenshot taken Oct 7, 2016 UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 19 Whois Record on Oct 24, 2017 Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Updated Date: 2016-03-10T15:35:53Z Creation Date: 2014-04-25T15:26:14Z Registrar Registration Expiration Date: 2020-04-25T15:26:14Z Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.4806242505 Domain Status: clientTransferProhibited http://www.icann.org/epp#clientTransferProhibited Domain Status: clientUpdateProhibited http://www.icann.org/epp#clientUpdateProhibited Domain Status: clientRenewProhibited http://www.icann.org/epp#clientRenewProhibited Domain Status: clientDeleteProhibited http://www.icann.org/epp#clientDeleteProhibited Registry Registrant ID: Not Available From Registry Registrant Name: Registration Private Registrant Organization: Domains By Proxy, LLC Registrant Street: DomainsByProxy.com Registrant Street: 14455 N. Hayden Road Registrant City: Scottsdale Registrant State/Province: Arizona Registrant Postal Code: 85260 Registrant Country: US Registrant Phone: +1.4806242599 Registrant Phone Ext: Registrant Fax: +1.4806242598 Registrant Fax Ext: Registrant Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Admin ID: Not Available From Registry Admin Name: Registration Private Admin Organization: Domains By Proxy, LLC Admin Street: DomainsByProxy.com Admin Street: 14455 N. Hayden Road Admin City: Scottsdale Admin State/Province: Arizona Admin Postal Code: 85260 Admin Country: US Admin Phone: +1.4806242599 Admin Phone Ext: Admin Fax: +1.4806242598 Admin Fax Ext: Admin Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Tech ID: Not Available From Registry Tech Name: Registration Private Tech Organization: Domains By Proxy, LLC Tech Street: DomainsByProxy.com Tech Street: 14455 N. Hayden Road Tech City: Scottsdale Tech State/Province: Arizona Tech Postal Code: 85260 Tech Country: US Tech Phone: +1.4806242599 Screenshot taken Oct 7, 2016 Tech Phone Ext: UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 20 Tech Fax: +1.4806242598 Tech Fax Ext: Tech Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Name Server: NS-293.AWSDNS-36.COM Name Server: NS-1493.AWSDNS-58.ORG Name Server: NS-531.AWSDNS-02.NET Name Server: NS-1763.AWSDNS-28.CO.UK DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 21 Whois Record on May 11, 2017 Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Update Date: 2016-03-10T15:35:53Z Creation Date: 2014-04-25T15:26:14Z Registrar Registration Expiration Date: 2020-04-25T15:26:14Z Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.4806242505 Domain Status: clientTransferProhibited http://www.icann.org/epp#clientTransferProhibited Domain Status: clientUpdateProhibited http://www.icann.org/epp#clientUpdateProhibited Domain Status: clientRenewProhibited http://www.icann.org/epp#clientRenewProhibited Domain Status: clientDeleteProhibited http://www.icann.org/epp#clientDeleteProhibited Registry Registrant ID: Not Available From Registry Registrant Name: Registration Private Registrant Organization: Domains By Proxy, LLC Registrant Street: DomainsByProxy.com Registrant Street: 14455 N. Hayden Road Registrant City: Scottsdale Registrant State/Province: Arizona Registrant Postal Code: 85260 Registrant Country: US Registrant Phone: +1.4806242599 Registrant Phone Ext: Registrant Fax: +1.4806242598 Registrant Fax Ext: Registrant Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Admin ID: Not Available From Registry Admin Name: Registration Private Admin Organization: Domains By Proxy, LLC Admin Street: DomainsByProxy.com Admin Street: 14455 N. Hayden Road Admin City: Scottsdale Admin State/Province: Arizona Admin Postal Code: 85260 Admin Country: US Admin Phone: +1.4806242599 Admin Phone Ext: Admin Fax: +1.4806242598 Admin Fax Ext: Admin Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Tech ID: Not Available From Registry Tech Name: Registration Private Tech Organization: Domains By Proxy, LLC Tech Street: DomainsByProxy.com Tech Street: 14455 N. Hayden Road Tech City: Scottsdale Tech State/Province: Arizona Tech Postal Code: 85260 Tech Country: US Tech Phone: +1.4806242599 Screenshot taken Oct 7, 2016 Tech Phone Ext: UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 22 Tech Fax: +1.4806242598 Tech Fax Ext: Tech Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Name Server: NS-293.AWSDNS-36.COM Name Server: NS-1493.AWSDNS-58.ORG Name Server: NS-531.AWSDNS-02.NET Name Server: NS-1763.AWSDNS-28.CO.UK DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 23 Whois Record on Jan 6, 2017 Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Update Date: 2016-03-10T15:35:53Z Creation Date: 2014-04-25T15:26:14Z Registrar Registration Expiration Date: 2020-04-25T15:26:14Z Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.4806242505 Domain Status: clientTransferProhibited http://www.icann.org/epp#clientTransferProhibited Domain Status: clientUpdateProhibited http://www.icann.org/epp#clientUpdateProhibited Domain Status: clientRenewProhibited http://www.icann.org/epp#clientRenewProhibited Domain Status: clientDeleteProhibited http://www.icann.org/epp#clientDeleteProhibited Registry Registrant ID: Not Available From Registry Registrant Name: Registration Private Registrant Organization: Domains By Proxy, LLC Registrant Street: DomainsByProxy.com Registrant Street: 14747 N Northsight Blvd Suite 111, PMB 309 Registrant City: Scottsdale Registrant State/Province: Arizona Registrant Postal Code: 85260 Registrant Country: US Registrant Phone: +1.4806242599 Registrant Phone Ext: Registrant Fax: +1.4806242598 Registrant Fax Ext: Registrant Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Admin ID: Not Available From Registry Admin Name: Registration Private Admin Organization: Domains By Proxy, LLC Admin Street: DomainsByProxy.com Admin Street: 14747 N Northsight Blvd Suite 111, PMB 309 Admin City: Scottsdale Admin State/Province: Arizona Admin Postal Code: 85260 Admin Country: US Admin Phone: +1.4806242599 Admin Phone Ext: Admin Fax: +1.4806242598 Admin Fax Ext: Admin Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Tech ID: Not Available From Registry Tech Name: Registration Private Tech Organization: Domains By Proxy, LLC Tech Street: DomainsByProxy.com Tech Street: 14747 N Northsight Blvd Suite 111, PMB 309 Tech City: Scottsdale Tech State/Province: Arizona Tech Postal Code: 85260 Tech Country: US Tech Phone: +1.4806242599 Screenshot taken Oct 7, 2016 Tech Phone Ext: UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 24 Tech Fax: +1.4806242598 Tech Fax Ext: Tech Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Name Server: NS-293.AWSDNS-36.COM Name Server: NS-1493.AWSDNS-58.ORG Name Server: NS-531.AWSDNS-02.NET Name Server: NS-1763.AWSDNS-28.CO.UK DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 25 Whois Record on Aug 9, 2016 No adjacent screenshot available for this date. Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Update Date: 2016-03-10T15:35:53Z Creation Date: 2014-04-25T15:26:14Z Registrar Registration Expiration Date: 2020-04-25T15:26:14Z Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.4806242505 Domain Status: clientTransferProhibited http://www.icann.org/epp#clientTransferProhibited Domain Status: clientUpdateProhibited http://www.icann.org/epp#clientUpdateProhibited Domain Status: clientRenewProhibited http://www.icann.org/epp#clientRenewProhibited Domain Status: clientDeleteProhibited http://www.icann.org/epp#clientDeleteProhibited Registry Registrant ID: Not Available From Registry Registrant Name: Registration Private Registrant Organization: Domains By Proxy, LLC Registrant Street: DomainsByProxy.com Registrant Street: 14747 N Northsight Blvd Suite 111, PMB 309 Registrant City: Scottsdale Registrant State/Province: Arizona Registrant Postal Code: 85260 Registrant Country: US Registrant Phone: +1.4806242599 Registrant Phone Ext: Registrant Fax: +1.4806242598 Registrant Fax Ext: Registrant Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Admin ID: Not Available From Registry Admin Name: Registration Private Admin Organization: Domains By Proxy, LLC Admin Street: DomainsByProxy.com Admin Street: 14747 N Northsight Blvd Suite 111, PMB 309 Admin City: Scottsdale Admin State/Province: Arizona Admin Postal Code: 85260 Admin Country: US Admin Phone: +1.4806242599 Admin Phone Ext: Admin Fax: +1.4806242598 Admin Fax Ext: Admin Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Tech ID: Not Available From Registry Tech Name: Registration Private Tech Organization: Domains By Proxy, LLC Tech Street: DomainsByProxy.com Tech Street: 14747 N Northsight Blvd Suite 111, PMB 309 Tech City: Scottsdale Tech State/Province: Arizona Tech Postal Code: 85260 Tech Country: US Tech Phone: +1.4806242599 Tech Phone Ext: UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 26 Tech Fax: +1.4806242598 Tech Fax Ext: Tech Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Name Server: NS-293.AWSDNS-36.COM Name Server: NS-1493.AWSDNS-58.ORG Name Server: NS-531.AWSDNS-02.NET Name Server: NS-1763.AWSDNS-28.CO.UK DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 27 Whois Record on Mar 30, 2016 No adjacent screenshot available for this date. Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Update Date: 2016-03-10T15:35:53Z Creation Date: 2014-04-25T15:26:14Z Registrar Registration Expiration Date: 2020-04-25T15:26:14Z Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.4806242505 Domain Status: clientTransferProhibited http://www.icann.org/epp#clientTransferProhibited Domain Status: clientUpdateProhibited http://www.icann.org/epp#clientUpdateProhibited Domain Status: clientRenewProhibited http://www.icann.org/epp#clientRenewProhibited Domain Status: clientDeleteProhibited http://www.icann.org/epp#clientDeleteProhibited Registry Registrant ID: Not Available From Registry Registrant Name: Registration Private Registrant Organization: Domains By Proxy, LLC Registrant Street: DomainsByProxy.com Registrant Street: 14747 N Northsight Blvd Suite 111, PMB 309 Registrant City: Scottsdale Registrant State/Province: Arizona Registrant Postal Code: 85260 Registrant Country: US Registrant Phone: +1.4806242599 Registrant Phone Ext: Registrant Fax: +1.4806242598 Registrant Fax Ext: Registrant Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Admin ID: Not Available From Registry Admin Name: Registration Private Admin Organization: Domains By Proxy, LLC Admin Street: DomainsByProxy.com Admin Street: 14747 N Northsight Blvd Suite 111, PMB 309 Admin City: Scottsdale Admin State/Province: Arizona Admin Postal Code: 85260 Admin Country: US Admin Phone: +1.4806242599 Admin Phone Ext: Admin Fax: +1.4806242598 Admin Fax Ext: Admin Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Tech ID: Not Available From Registry Tech Name: Registration Private Tech Organization: Domains By Proxy, LLC Tech Street: DomainsByProxy.com Tech Street: 14747 N Northsight Blvd Suite 111, PMB 309 Tech City: Scottsdale Tech State/Province: Arizona Tech Postal Code: 85260 Tech Country: US Tech Phone: +1.4806242599 Tech Phone Ext: UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 28 Tech Fax: +1.4806242598 Tech Fax Ext: Tech Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Name Server: NS-293.AWSDNS-36.COM Name Server: NS-1493.AWSDNS-58.ORG Name Server: NS-531.AWSDNS-02.NET Name Server: NS-1763.AWSDNS-28.CO.UK DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 29 Whois Record on Dec 13, 2015 No adjacent screenshot available for this date. Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Update Date: 2014-07-31T16:24:48Z Creation Date: 2014-04-25T15:26:14Z Registrar Registration Expiration Date: 2019-04-25T15:26:14Z Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.4806242505 Domain Status: clientTransferProhibited http://www.icann.org/epp#clientTransferProhibited Domain Status: clientUpdateProhibited http://www.icann.org/epp#clientUpdateProhibited Domain Status: clientRenewProhibited http://www.icann.org/epp#clientRenewProhibited Domain Status: clientDeleteProhibited http://www.icann.org/epp#clientDeleteProhibited Registry Registrant ID: Registrant Name: Registration Private Registrant Organization: Domains By Proxy, LLC Registrant Street: DomainsByProxy.com Registrant Street: 14747 N Northsight Blvd Suite 111, PMB 309 Registrant City: Scottsdale Registrant State/Province: Arizona Registrant Postal Code: 85260 Registrant Country: United States Registrant Phone: +1.4806242599 Registrant Phone Ext: Registrant Fax: +1.4806242598 Registrant Fax Ext: Registrant Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Admin ID: Admin Name: Registration Private Admin Organization: Domains By Proxy, LLC Admin Street: DomainsByProxy.com Admin Street: 14747 N Northsight Blvd Suite 111, PMB 309 Admin City: Scottsdale Admin State/Province: Arizona Admin Postal Code: 85260 Admin Country: United States Admin Phone: +1.4806242599 Admin Phone Ext: Admin Fax: +1.4806242598 Admin Fax Ext: Admin Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Tech ID: Tech Name: Registration Private Tech Organization: Domains By Proxy, LLC Tech Street: DomainsByProxy.com Tech Street: 14747 N Northsight Blvd Suite 111, PMB 309 Tech City: Scottsdale Tech State/Province: Arizona Tech Postal Code: 85260 Tech Country: United States Tech Phone: +1.4806242599 Tech Phone Ext: UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 30 Tech Fax: +1.4806242598 Tech Fax Ext: Tech Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Name Server: NS-293.AWSDNS-36.COM Name Server: NS-1493.AWSDNS-58.ORG Name Server: NS-531.AWSDNS-02.NET Name Server: NS-1763.AWSDNS-28.CO.UK DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 31 Whois Record on Aug 29, 2015 No adjacent screenshot available for this date. Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Update Date: 2014-07-31T16:24:48Z Creation Date: 2014-04-25T15:26:14Z Registrar Registration Expiration Date: 2019-04-25T15:26:14Z Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.4806242505 Domain Status: clientTransferProhibited http://www.icann.org/epp#clientTransferProhibited Domain Status: clientUpdateProhibited http://www.icann.org/epp#clientUpdateProhibited Domain Status: clientRenewProhibited http://www.icann.org/epp#clientRenewProhibited Domain Status: clientDeleteProhibited http://www.icann.org/epp#clientDeleteProhibited Registry Registrant ID: Registrant Name: Registration Private Registrant Organization: Domains By Proxy, LLC Registrant Street: DomainsByProxy.com Registrant Street: 14747 N Northsight Blvd Suite 111, PMB 309 Registrant City: Scottsdale Registrant State/Province: Arizona Registrant Postal Code: 85260 Registrant Country: United States Registrant Phone: +1.4806242599 Registrant Phone Ext: Registrant Fax: +1.4806242598 Registrant Fax Ext: Registrant Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Admin ID: Admin Name: Registration Private Admin Organization: Domains By Proxy, LLC Admin Street: DomainsByProxy.com Admin Street: 14747 N Northsight Blvd Suite 111, PMB 309 Admin City: Scottsdale Admin State/Province: Arizona Admin Postal Code: 85260 Admin Country: United States Admin Phone: +1.4806242599 Admin Phone Ext: Admin Fax: +1.4806242598 Admin Fax Ext: Admin Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Tech ID: Tech Name: Registration Private Tech Organization: Domains By Proxy, LLC Tech Street: DomainsByProxy.com Tech Street: 14747 N Northsight Blvd Suite 111, PMB 309 Tech City: Scottsdale Tech State/Province: Arizona Tech Postal Code: 85260 Tech Country: United States Tech Phone: +1.4806242599 Tech Phone Ext: UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 32 Tech Fax: +1.4806242598 Tech Fax Ext: Tech Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Name Server: NS-293.AWSDNS-36.COM Name Server: NS-1493.AWSDNS-58.ORG Name Server: NS-531.AWSDNS-02.NET Name Server: NS-1763.AWSDNS-28.CO.UK DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 33 Whois Record on May 29, 2015 No adjacent screenshot available for this date. Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Update Date: 2014-07-31T16:24:48Z Creation Date: 2014-04-25T15:26:14Z Registrar Registration Expiration Date: 2019-04-25T15:26:14Z Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.4806242505 Domain Status: clientTransferProhibited http://www.icann.org/epp#clientTransferProhibited Domain Status: clientUpdateProhibited http://www.icann.org/epp#clientUpdateProhibited Domain Status: clientRenewProhibited http://www.icann.org/epp#clientRenewProhibited Domain Status: clientDeleteProhibited http://www.icann.org/epp#clientDeleteProhibited Registry Registrant ID: Registrant Name: Registration Private Registrant Organization: Domains By Proxy, LLC Registrant Street: DomainsByProxy.com Registrant Street: 14747 N Northsight Blvd Suite 111, PMB 309 Registrant City: Scottsdale Registrant State/Province: Arizona Registrant Postal Code: 85260 Registrant Country: United States Registrant Phone: +1.4806242599 Registrant Phone Ext: Registrant Fax: +1.4806242598 Registrant Fax Ext: Registrant Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Admin ID: Admin Name: Registration Private Admin Organization: Domains By Proxy, LLC Admin Street: DomainsByProxy.com Admin Street: 14747 N Northsight Blvd Suite 111, PMB 309 Admin City: Scottsdale Admin State/Province: Arizona Admin Postal Code: 85260 Admin Country: United States Admin Phone: +1.4806242599 Admin Phone Ext: Admin Fax: +1.4806242598 Admin Fax Ext: Admin Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Tech ID: Tech Name: Registration Private Tech Organization: Domains By Proxy, LLC Tech Street: DomainsByProxy.com Tech Street: 14747 N Northsight Blvd Suite 111, PMB 309 Tech City: Scottsdale Tech State/Province: Arizona Tech Postal Code: 85260 Tech Country: United States Tech Phone: +1.4806242599 Tech Phone Ext: UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 34 Tech Fax: +1.4806242598 Tech Fax Ext: Tech Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Name Server: NS-293.AWSDNS-36.COM Name Server: NS-1493.AWSDNS-58.ORG Name Server: NS-531.AWSDNS-02.NET Name Server: NS-1763.AWSDNS-28.CO.UK DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 35 Whois Record on Mar 4, 2015 No adjacent screenshot available for this date. Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Update Date: 2014-07-31T16:24:48Z Creation Date: 2014-04-25T15:26:14Z Registrar Registration Expiration Date: 2019-04-25T15:26:14Z Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.480-624-2505 Domain Status: clientTransferProhibited http://www.icann.org/epp#clientTransferProhibited Domain Status: clientUpdateProhibited http://www.icann.org/epp#clientUpdateProhibited Domain Status: clientRenewProhibited http://www.icann.org/epp#clientRenewProhibited Domain Status: clientDeleteProhibited http://www.icann.org/epp#clientDeleteProhibited Registry Registrant ID: Registrant Name: Registration Private Registrant Organization: Domains By Proxy, LLC Registrant Street: DomainsByProxy.com Registrant Street: 14747 N Northsight Blvd Suite 111, PMB 309 Registrant City: Scottsdale Registrant State/Province: Arizona Registrant Postal Code: 85260 Registrant Country: United States Registrant Phone: +1.4806242599 Registrant Phone Ext: Registrant Fax: +1.4806242598 Registrant Fax Ext: Registrant Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Admin ID: Admin Name: Registration Private Admin Organization: Domains By Proxy, LLC Admin Street: DomainsByProxy.com Admin Street: 14747 N Northsight Blvd Suite 111, PMB 309 Admin City: Scottsdale Admin State/Province: Arizona Admin Postal Code: 85260 Admin Country: United States Admin Phone: +1.4806242599 Admin Phone Ext: Admin Fax: +1.4806242598 Admin Fax Ext: Admin Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Tech ID: Tech Name: Registration Private Tech Organization: Domains By Proxy, LLC Tech Street: DomainsByProxy.com Tech Street: 14747 N Northsight Blvd Suite 111, PMB 309 Tech City: Scottsdale Tech State/Province: Arizona Tech Postal Code: 85260 Tech Country: United States Tech Phone: +1.4806242599 Tech Phone Ext: UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 36 Tech Fax: +1.4806242598 Tech Fax Ext: Tech Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Name Server: NS-293.AWSDNS-36.COM Name Server: NS-1493.AWSDNS-58.ORG Name Server: NS-531.AWSDNS-02.NET Name Server: NS-1763.AWSDNS-28.CO.UK DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 37 Whois Record on Dec 16, 2014 No adjacent screenshot available for this date. Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Update Date: 2014-07-31T16:24:48Z Creation Date: 2014-04-25T15:26:14Z Registrar Registration Expiration Date: 2019-04-25T15:26:14Z Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.480-624-2505 Domain Status: clientTransferProhibited http://www.icann.org/epp#clientTransferProhibited Domain Status: clientUpdateProhibited http://www.icann.org/epp#clientUpdateProhibited Domain Status: clientRenewProhibited http://www.icann.org/epp#clientRenewProhibited Domain Status: clientDeleteProhibited http://www.icann.org/epp#clientDeleteProhibited Registry Registrant ID: Registrant Name: Registration Private Registrant Organization: Domains By Proxy, LLC Registrant Street: DomainsByProxy.com Registrant Street: 14747 N Northsight Blvd Suite 111, PMB 309 Registrant City: Scottsdale Registrant State/Province: Arizona Registrant Postal Code: 85260 Registrant Country: United States Registrant Phone: +1.4806242599 Registrant Phone Ext: Registrant Fax: +1.4806242598 Registrant Fax Ext: Registrant Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Admin ID: Admin Name: Registration Private Admin Organization: Domains By Proxy, LLC Admin Street: DomainsByProxy.com Admin Street: 14747 N Northsight Blvd Suite 111, PMB 309 Admin City: Scottsdale Admin State/Province: Arizona Admin Postal Code: 85260 Admin Country: United States Admin Phone: +1.4806242599 Admin Phone Ext: Admin Fax: +1.4806242598 Admin Fax Ext: Admin Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Tech ID: Tech Name: Registration Private Tech Organization: Domains By Proxy, LLC Tech Street: DomainsByProxy.com Tech Street: 14747 N Northsight Blvd Suite 111, PMB 309 Tech City: Scottsdale Tech State/Province: Arizona Tech Postal Code: 85260 Tech Country: United States Tech Phone: +1.4806242599 Tech Phone Ext: UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 38 Tech Fax: +1.4806242598 Tech Fax Ext: Tech Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Name Server: NS-293.AWSDNS-36.COM Name Server: NS-1493.AWSDNS-58.ORG Name Server: NS-531.AWSDNS-02.NET Name Server: NS-1763.AWSDNS-28.CO.UK DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 39 Whois Record on Oct 3, 2014 Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Update Date: 2014-07-31 11:24:48 Creation Date: 2014-04-25 10:26:14 Registrar Registration Expiration Date: 2019-04-25 10:26:14 Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.480-624-2505 Domain Status: clientTransferProhibited Domain Status: clientUpdateProhibited Domain Status: clientRenewProhibited Domain Status: clientDeleteProhibited Registry Registrant ID: Registrant Name: Registration Private Registrant Organization: Domains By Proxy, LLC Registrant Street: DomainsByProxy.com Registrant Street: 14747 N Northsight Blvd Suite 111, PMB 309 Registrant City: Scottsdale Registrant State/Province: Arizona Registrant Postal Code: 85260 Registrant Country: United States Registrant Phone: +1.4806242599 Registrant Phone Ext: Registrant Fax: +1.4806242598 Registrant Fax Ext: Registrant Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Admin ID: Admin Name: Registration Private Admin Organization: Domains By Proxy, LLC Admin Street: DomainsByProxy.com Admin Street: 14747 N Northsight Blvd Suite 111, PMB 309 Admin City: Scottsdale Admin State/Province: Arizona Admin Postal Code: 85260 Admin Country: United States Admin Phone: +1.4806242599 Admin Phone Ext: Admin Fax: +1.4806242598 Admin Fax Ext: Admin Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Registry Tech ID: Tech Name: Registration Private Tech Organization: Domains By Proxy, LLC Tech Street: DomainsByProxy.com Tech Street: 14747 N Northsight Blvd Suite 111, PMB 309 Tech City: Scottsdale Tech State/Province: Arizona Tech Postal Code: 85260 Tech Country: United States Tech Phone: +1.4806242599 Tech Phone Ext: UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved No adjacent screenshot available for this date. 40 Tech Fax: +1.4806242598 Tech Fax Ext: Tech Email: UCAMPAIGNAPP.COM@domainsbyproxy.com Name Server: NS-293.AWSDNS-36.COM Name Server: NS-1493.AWSDNS-58.ORG Name Server: NS-531.AWSDNS-02.NET Name Server: NS-1763.AWSDNS-28.CO.UK DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 41 Whois Record on Jul 12, 2014 Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Update Date: 2014-04-25 10:26:14 Creation Date: 2014-04-25 10:26:14 Registrar Registration Expiration Date: 2019-04-25 10:26:14 Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.480-624-2505 Domain Status: clientTransferProhibited Domain Status: clientUpdateProhibited Domain Status: clientRenewProhibited Domain Status: clientDeleteProhibited Registry Registrant ID: Registrant Name: Jeremy Paff Registrant Organization: Nehemiah Investments LLC Registrant Street: 16 Vandeventer Avenue Registrant Street: Fl 1 Registrant City: Princeton Registrant State/Province: New Jersey Registrant Postal Code: 08542 Registrant Country: United States Registrant Phone: +1.9082194265 Registrant Phone Ext: Registrant Fax: Registrant Fax Ext: Registrant Email: jpaff@nehemiahinvestments.com Registry Admin ID: Admin Name: Jeremy Paff Admin Organization: Nehemiah Investments LLC Admin Street: 16 Vandeventer Avenue Admin Street: Fl 1 Admin City: Princeton Admin State/Province: New Jersey Admin Postal Code: 08542 Admin Country: United States Admin Phone: +1.9082194265 Admin Phone Ext: Admin Fax: Admin Fax Ext: Admin Email: jpaff@nehemiahinvestments.com Registry Tech ID: Tech Name: Jeremy Paff Tech Organization: Nehemiah Investments LLC Tech Street: 16 Vandeventer Avenue Tech Street: Fl 1 Tech City: Princeton Tech State/Province: New Jersey Tech Postal Code: 08542 Tech Country: United States Tech Phone: +1.9082194265 Tech Phone Ext: UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved No adjacent screenshot available for this date. 42 Tech Fax: Tech Fax Ext: Tech Email: jpaff@nehemiahinvestments.com Name Server: NS-293.AWSDNS-36.COM Name Server: NS-1493.AWSDNS-58.ORG Name Server: NS-531.AWSDNS-02.NET Name Server: NS-1763.AWSDNS-28.CO.UK DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 43 Whois Record on Jul 4, 2014 Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Update Date: 2014-04-25 10:26:14 Creation Date: 2014-04-25 10:26:14 Registrar Registration Expiration Date: 2019-04-25 10:26:14 Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.480-624-2505 Domain Status: clientTransferProhibited Domain Status: clientUpdateProhibited Domain Status: clientRenewProhibited Domain Status: clientDeleteProhibited Registry Registrant ID: Registrant Name: Jeremy Paff Registrant Organization: Nehemiah Investments LLC Registrant Street: 16 Vandeventer Avenue Registrant Street: Fl 1 Registrant City: Princeton Registrant State/Province: New Jersey Registrant Postal Code: 08542 Registrant Country: United States Registrant Phone: +1.9082194265 Registrant Phone Ext: Registrant Fax: Registrant Fax Ext: Registrant Email: jpaff@nehemiahinvestments.com Registry Admin ID: Admin Name: Jeremy Paff Admin Organization: Nehemiah Investments LLC Admin Street: 16 Vandeventer Avenue Admin Street: Fl 1 Admin City: Princeton Admin State/Province: New Jersey Admin Postal Code: 08542 Admin Country: United States Admin Phone: +1.9082194265 Admin Phone Ext: Admin Fax: Admin Fax Ext: Admin Email: jpaff@nehemiahinvestments.com Registry Tech ID: Tech Name: Jeremy Paff Tech Organization: Nehemiah Investments LLC Tech Street: 16 Vandeventer Avenue Tech Street: Fl 1 Tech City: Princeton Tech State/Province: New Jersey Tech Postal Code: 08542 Tech Country: United States Tech Phone: +1.9082194265 Tech Phone Ext: UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved No adjacent screenshot available for this date. 44 Tech Fax: Tech Fax Ext: Tech Email: jpaff@nehemiahinvestments.com Name Server: NS23.DOMAINCONTROL.COM Name Server: NS24.DOMAINCONTROL.COM DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 45 Whois Record on Apr 26, 2014 Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Update Date: 2014-04-25 10:26:14 Creation Date: 2014-04-25 10:26:14 Registrar Registration Expiration Date: 2019-04-25 10:26:14 Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.480-624-2505 Domain Status: clientTransferProhibited Domain Status: clientUpdateProhibited Domain Status: clientRenewProhibited Domain Status: clientDeleteProhibited Registry Registrant ID: Registrant Name: Jeremy Paff Registrant Organization: Nehemiah Investments LLC Registrant Street: 16 Vandeventer Avenue Registrant Street: Fl 1 Registrant City: Princeton Registrant State/Province: New Jersey Registrant Postal Code: 08542 Registrant Country: United States Registrant Phone: +1.9082194265 Registrant Phone Ext: Registrant Fax: Registrant Fax Ext: Registrant Email: jpaff@nehemiahinvestments.com Registry Admin ID: Admin Name: Jeremy Paff Admin Organization: Nehemiah Investments LLC Admin Street: 16 Vandeventer Avenue Admin Street: Fl 1 Admin City: Princeton Admin State/Province: New Jersey Admin Postal Code: 08542 Admin Country: United States Admin Phone: +1.9082194265 Admin Phone Ext: Admin Fax: Admin Fax Ext: Admin Email: jpaff@nehemiahinvestments.com Registry Tech ID: Tech Name: Jeremy Paff Tech Organization: Nehemiah Investments LLC Tech Street: 16 Vandeventer Avenue Tech Street: Fl 1 Tech City: Princeton Tech State/Province: New Jersey Tech Postal Code: 08542 Tech Country: United States Tech Phone: +1.9082194265 Tech Phone Ext: UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved No adjacent screenshot available for this date. 46 Tech Fax: Tech Fax Ext: Tech Email: jpaff@nehemiahinvestments.com Name Server: NS23.DOMAINCONTROL.COM Name Server: NS24.DOMAINCONTROL.COM DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 47 Whois Record on Apr 25, 2014 Domain Name: UCAMPAIGNAPP.COM Registry Domain ID: 1856154122_DOMAIN_COM-VRSN Registrar WHOIS Server: whois.godaddy.com Registrar URL: http://www.godaddy.com Update Date: 2014-04-25 10:26:14 Creation Date: 2014-04-25 10:26:14 Registrar Registration Expiration Date: 2019-04-25 10:26:14 Registrar: GoDaddy.com, LLC Registrar IANA ID: 146 Registrar Abuse Contact Email: abuse@godaddy.com Registrar Abuse Contact Phone: +1.480-624-2505 Domain Status: clientTransferProhibited Domain Status: clientUpdateProhibited Domain Status: clientRenewProhibited Domain Status: clientDeleteProhibited Registry Registrant ID: Registrant Name: Jeremy Paff Registrant Organization: Nehemiah Investments LLC Registrant Street: 16 Vandeventer Avenue Registrant Street: Fl 1 Registrant City: Princeton Registrant State/Province: New Jersey Registrant Postal Code: 08542 Registrant Country: United States Registrant Phone: +1.9082194265 Registrant Phone Ext: Registrant Fax: Registrant Fax Ext: Registrant Email: jpaff@nehemiahinvestments.com Registry Admin ID: Admin Name: Jeremy Paff Admin Organization: Nehemiah Investments LLC Admin Street: 16 Vandeventer Avenue Admin Street: Fl 1 Admin City: Princeton Admin State/Province: New Jersey Admin Postal Code: 08542 Admin Country: United States Admin Phone: +1.9082194265 Admin Phone Ext: Admin Fax: Admin Fax Ext: Admin Email: jpaff@nehemiahinvestments.com Registry Tech ID: Tech Name: Jeremy Paff Tech Organization: Nehemiah Investments LLC Tech Street: 16 Vandeventer Avenue Tech Street: Fl 1 Tech City: Princeton Tech State/Province: New Jersey Tech Postal Code: 08542 Tech Country: United States Tech Phone: +1.9082194265 Tech Phone Ext: UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved No adjacent screenshot available for this date. 48 Tech Fax: Tech Fax Ext: Tech Email: jpaff@nehemiahinvestments.com Name Server: NS23.DOMAINCONTROL.COM Name Server: NS24.DOMAINCONTROL.COM DNSSEC: unsigned URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/ UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 49 Hosting History DomainTools tracks changes to a domain name's IP address, name server and registrar. These events can be useful signals that may indicate more macro events, including: domain name sales, transfers or deletions; taking a site live with new content; or a change in registration or hosting profile. Registrar History Date Registrar Mar 10, 2016 GoDaddy.com Name Server History Event Date Action New Server Previous Server Jul 12, 2014 Transfer awsdns-02.net domaincontrol.com Apr 26, 2014 New domaincontrol.com - Event Date Action New IP Previous IP Mar 12, 2018 Change 52.202.214.126 52.54.210.202 Feb 4, 2018 Change 52.54.210.202 34.227.0.171 Jul 26, 2017 Change 34.227.0.171 52.4.228.64 Nov 15, 2016 Change 52.4.228.64 52.21.138.103 Oct 29, 2016 Change 52.21.138.103 52.72.185.178 Oct 12, 2016 Change 52.72.185.178 52.7.137.203 Sep 25, 2016 Change 52.7.137.203 52.200.28.82 Aug 24, 2016 Change 52.200.28.82 52.200.228.187 Aug 8, 2016 Change 52.200.228.187 52.21.30.76 Apr 18, 2016 Change 52.21.30.76 50.16.146.116 Apr 2, 2016 Change 50.16.146.116 52.3.117.105 Feb 14, 2016 Change 52.3.117.105 52.7.7.4 Aug 18, 2015 Change 52.7.7.4 54.85.152.86 Aug 4, 2015 Change 54.85.152.86 54.86.192.93 Mar 20, 2015 Change 54.86.192.93 54.84.42.199 Mar 6, 2015 Change 54.84.42.199 54.84.72.157 Feb 21, 2015 Change 54.84.72.157 54.208.26.220 Aug 26, 2014 Change 54.208.26.220 107.21.20.241 Aug 14, 2014 Change 107.21.20.241 54.208.48.216 Aug 2, 2014 Change 54.208.48.216 50.63.202.53 May 10, 2014 New 50.63.202.53 - IP Address History UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 50 Screenshot History DomainTools captures snapshots of website homepages on regular intervals. This content is useful for researchers to understand how a domain was used at various points in time. Due to the relatively high storage costs of screenshot data, the coverage of screenshot histories is in most cases not as thorough as Whois or hosting data, and this is especially true for dates early in a domain's history. DomainTools has 2 records collected between Oct 7, 2016 and Nov 6, 2018. Nov 6, 2018 UCampaignApp.com Oct 7, 2016 © 2019 DomainTools, LLC All Rights Reserved 51 Connected Domains Shared IP Address DomainTools uses proprietary techniques to discover other domain names that are hosted on the same IP address (web host) as UCampaignApp.com. This is a sample of up to 100 randomly-selected domains from that dataset. Access to this data provides context in cases where knowing associated domain names has value. The exhaustive list of connected domains by IP address is available in the Reverse IP product at DomainTools.com. Domain Created Registrant ucampaignapp.com Apr 25, 2014 Domains By Proxy, LLC UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 52 Shared Name Server DomainTools uses proprietary techniques to discover other domain names that are hosted on the same name server as UCampaignApp.com. This is a sample of up to 100 randomly-selected domains from that dataset. Access to this data provides context in cases where knowing associated domain names has value. The exhaustive list of connected domains by name server is available in the Name Server Report product at DomainTools.com. Domain Created Registrant 15gifts.com Oct 7, 2009 REDACTED FOR PRIVACY 32westbrook.com Apr 21, 2018 Whois Privacy Service 3diax.com Jun 24, 2015 Authentise adweek.com May 25, 1995 Moniker Privacy Services agentdeerfieldbeach.com Apr 26, 2013 Agentdeerfieldbeach.com aisleshopnow.com May 10, 2018 Whois Privacy Service appdepository.com Dec 7, 2016 WhoisGuard, Inc. appothecary.com Feb 10, 2016 Whois Privacy Service archgourmetphilly.com Jul 19, 2016 EatStreet, Inc. arctorius.com Sep 12, 2015 REDACTED FOR PRIVACY arealmedia.com Mar 19, 2004 REDACTED FOR PRIVACY armored-mini-storage.com Sep 9, 2002 Cox Armored Mini Storage Management artiemo.com Dec 21, 2018 Whois Privacy Service botim123.com Sep 5, 2017 Whois Privacy Service buyingq.com Nov 27, 2007 Sabin Bermant & Gould LLP calabria.realestate Nov 27, 2018 Ferienhaus Sizilien cateyeatlas.com May 16, 2012 Futurek Inc. celtic-technology.com Feb 5, 2019 Whois Privacy Service chosendealsite.com Dec 23, 2010 Spark Networks USA codewise.com Jul 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Apr 4, 2014 Fight For Small financeguide123.com Apr 29, 2005 Financeguide123.com frankcfchan.com Dec 16, 2015 Whois Privacy Protection Service by MuuMuuDomain fueltools.com May 16, 2006 Whois Privacy Service gestma.com Jan 19, 2019 Whois Privacy Service goodys2go.com Sep 13, 2017 Whois Privacy Service haircutmenharrisonpointecarync.com Feb 13, 2010 REDACTED FOR PRIVACY hyperxi.com Jan 7, 2011 Jason Chaney itrailnews.com May 26, 2012 bae,imkyu jetztkonvertieren.com Aug 4, 2018 Whois Privacy Service joshbrauer.com Jan 17, 2009 WhoisGuard, Inc. juicy50.com Mar 6, 2018 REDACTED FOR PRIVACY kdn-apple.com Jan 10, 2019 Whois Privacy Service kingspointfootankle.com Aug 28, 2016 Kingspointfootankle.com kompasshire.com Feb 4, 2018 Whois Privacy Service lightningcommunity.com Feb 19, 2007 Corel Corporation localworkjmp.com Jul 1, 2013 Domain Protection Services, Inc. locuratheexile.com Dec 10, 2018 Whois Privacy Service ltxdocgen.com Jun 30, 2018 Whois Privacy Service luckystylespotter.com May 1, 2007 Conde Nast Digital masterlanguagepublishing.com Aug 10, 2018 Whois Privacy Protection Service by MuuMuuDomain math-word-problem-software.com Oct 20, 2014 Whois Privacy Protection Service by VALUE-DOMAIN medicinaindividualizada.com Mar 28, 2005 Medicinaindividualizada.com memudoya.com Jun 25, 2009 REDACTED FOR PRIVACY motleycollective.com Mar 7, 2018 Whois Privacy Service mpmideas.com Sep 3, 2013 Mickay Investments, LLC nascentlending.com Dec 6, 2017 Whois Privacy Service nectonetwork.com Mar 4, 2017 Whois Privacy Service nickandmoesliquors.com Jan 30, 2019 Bottlenose nv0oa.site Aug 30, 2018 WhoisGuard, Inc. octank-apparel.com Sep 9, 2017 Self palmhavenpb.com Nov 5, 2018 CampaignTrack Pty Ltd perfectstyle24.com Jul 5, 2018 Whois Privacy Service perfekt-bewerben.com Feb 27, 2019 WhoisGuard, Inc. phishalarm.com Dec 15, 2014 Wombat Security Technologies, Inc. pitchforkinsider.com Sep 13, 2017 Pitchfork Media, Inc. portlandareahomelistings.com Aug 29, 2016 Whois Privacy Service potentialassistance.com Nov 20, 2018 Prime Lead prezmix.com Jun 20, 2012 Moni-Media Limited quesejadivertido.com Jun 20, 2017 Whois Privacy Service raywhitekurrikurri.com Aug 9, 2016 Ray White Real Estate Pty Ltd rockcandyfilms.com Oct 26, 2011 WMM HOLDINGS, LLC UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 54 rolcal.com Sep 17, 2018 Whois Privacy Service sadiemink.com Jan 17, 2019 Whois Privacy Service safafre.com Aug 5, 2017 Whois Privacy Service sairamkukadala.com Jul 11, 2018 Whois Privacy Service searchgdbv.com Apr 26, 2018 Whois Privacy Corp. sellingminneapolis.realestate Oct 24, 2018 Downtown Resource Group, LLC shawell.com Oct 6, 2003 REDACTED FOR PRIVACY skylinevillasapartments.com Jan 12, 2018 Michael Von Quilich spectrum360.com Dec 16, 2007 WhoisGuard, Inc. stash.realtor Aug 25, 2016 NAR's official operator of the .REALTOR TLD statusfeid.com Feb 20, 2017 Whois Privacy Service sumoloungecalgary.com Feb 10, 2015 Sumoloungecalgary.com theglamourati.com Jun 28, 2012 Conde Nast Publications Inc. timlarry.com Mar 26, 2014 REDACTED FOR PRIVACY tommyturner.realtor Oct 20, 2014 NAR's official operator of the .REALTOR TLD ueta-hone.com Nov 20, 2006 REDACTED FOR PRIVACY unlockmygenieclone.com Oct 26, 2018 Whois Privacy Service webaudioworkstation.com Feb 12, 2019 Whois Privacy Service wishartwedding2019.com Sep 20, 2018 REDACTED FOR PRIVACY youspace.com Jul 3, 2010 REDACTED FOR PRIVACY yulia-svyatenko-design.com Mar 25, 2017 Whois Privacy Service UCampaignApp.com © 2019 DomainTools, LLC All Rights Reserved 55 EXHIBIT Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 1 of 25 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION SHEHAN WIJESINHA individually and on behalf of all others similarly situated, Plaintiff, CASE NO. 1:18-cv-22880-JEM v. SUSAN B. ANTHONY LIST, INC., Defendant. DEFENDANT SUSAN B. ANTHONY LIST, INC.’S MOTION TO DISMISS, OR, IN THE ALTERNATIVE, MOTION TO STAY, AND INCORPORATED MEMORANDUM OF LAW (Claim of Unconstitutionality) Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 2 of 25 TABLE OF CONTENTS Page TABLE OF AUTHORITIES .......................................................................................................... ii I. BACKGROUND .......................................................................................................................1 II. HOLDING SBA LIST LIABLE HERE WOULD VIOLATE THE FIRST AMENDMENT ....................2 A. The TCPA’s Content-Based Provisions Cannot Survive Strict Scrutiny ................3 1. These exemptions render the TCPA content-based .....................................4 2. These exemptions cannot survive strict scrutiny .........................................6 3. The proper remedy is to invalidate Section 227(b)(1)(A)(iii) .....................9 B. The TCPA’s ATDS Provision Is Unconstitutionally Overbroad If Applied To Cover Equipment That Merely Stores and Dials Numbers ................11 C. At the Least, the TCPA’s ATDS Provision Cannot Be Applied to Targeted, One-Off, Costless, Time-Sensitive Political Text Messages .................13 III. ALTERNATIVELY, THIS COURT SHOULD STAY PROCEEDINGS UNTIL THE FCC HAS INTERPRETED THE ATDS PROVISION ..........................................................................15 IV. CONCLUSION.......................................................................................................................18 i Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 3 of 25 TABLE OF AUTHORITIES Page(s) CASES ACA Int’l v. FCC, 885 F.3d 687 (D.C. Cir. 2018) ...........................................................................................13, 16 Ammons v. Ally Fin., Inc., 326 F. Supp. 3d 578, 2018 WL 3134619 (M.D. Tenn. 2018)..................................................17 Arizona Free Enter. Club’s Freedom Club PAC v. Bennett, 564 U.S. 721 (2011) ...................................................................................................................8 Arkansas Writers’ Project, Inc. v. Ragland, 481 U.S. 221 (1987) .........................................................................................................4, 8, 10 Boyes v. Shell Oil Prods. Co., 199 F.3d 1260 (11th Cir. 2000) ...............................................................................................15 Carey v. Brown, 447 U.S. 455 (1980) ......................................................................................................... passim Cargo Airline Ass’n Petition, 29 FCC Rcd. 5056 (2014) ..................................................................................................3, 5, 6 City of Ladue v. Gilleo, 512 U.S. 43 (1994) .................................................................................................................4, 5 Dominguez v. Yahoo, Inc., 894 F.3d 116 (3d Cir. 2018)...............................................................................................11, 17 FCC v. Fox Television Stations, Inc., 567 U.S. 239 (2012) .................................................................................................................10 First Nat’l Bank of Boston v. Bellotti, 435 U.S. 765 (1978) .........................................................................................................7, 9, 13 Four Seasons Hotels & Resorts, B.V. v. Consorcio Barr S.A., 377 F.3d 1164 (11th Cir. 2004) ...............................................................................................16 Free Enter. Fund v. PCAOB, 561 U.S. 477 (2010) .................................................................................................................10 Frisby v. Schultz, 487 U.S. 474 (1988) .................................................................................................................12 Frudden v. Pilling, 742 F.3d 1199 (9th Cir. 2014) ...................................................................................................8 Gonzalez v. Ocwen Loan Servicing, 2018 WL 4217065 (M.D. Fla. Sept. 5, 2018) ..........................................................................17 Heffron v. Int’l Soc’y for Krishna Consciousness, Inc., 452 U.S. 640 (1981) .................................................................................................................14 ii Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 4 of 25 TABLE OF AUTHORITIES (continued) Page(s) In re Rules and Regulations Implementing the TCPA, 18 FCC Rcd. 14014 (2003) ........................................................................................................2 In re Rules and Regulations Implementing the TCPA, 30 FCC Rcd. 7961 (2015) ..........................................................................................3, 6, 16, 17 In re Rules and Regulations Implementing the TCPA, 31 FCC Rcd. 9054 (2016) ......................................................................................................3, 6 Lucia v. SEC, 138 S. Ct. 2044 (2018) ...............................................................................................................9 Maddox v. CBE Grp., Inc., 2018 WL 2327037 (N.D. Ga. May 22, 2018) ..........................................................................17 Mais v. Gulf Coast Collection Bureau, Inc., 768 F.3d 1110 (11th Cir. 2014) ...............................................................................................16 Marks v. Crunch San Diego, LLC, 904 F.3d 1041 (9th Cir. 2018) .................................................................................................17 Martin v. City of Struthers, 319 U.S. 141 (1943) .................................................................................................................14 Pinkus v. Sirius XM Radio Inc., 319 F. Supp. 3d 927 (N.D. Ill. 2018) .......................................................................................17 Police Department of Chicago v. Mosley, 408 U.S. 92 (1972) .........................................................................................................4, 5, 8, 9 Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015) ...........................................................................................................4, 6 Rosenberger v. Rector, 515 U.S. 819 (1995) ...................................................................................................................5 Rowan v. U.S. Post Office Dep’t, 397 U.S. 728 (1970) .................................................................................................................14 Susan B. Anthony List v. Driehaus, 134 S. Ct. 2334 (2014) ...............................................................................................................1 The Florida Star v. BJF, 491 U.S. 524 (1989) ...................................................................................................................7 Ward v. Rock Against Racism, 491 U.S. 781 (1989) .................................................................................................................12 Williams-Yulee v. Florida Bar, 135 S. Ct. 1656 (2015) ...........................................................................................................6, 7 Wollschlaeger v. Governor, 848 F.3d 1293 (11th Cir. 2017) .................................................................................................4 iii Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 5 of 25 TABLE OF AUTHORITIES (continued) Page(s) STATUTES 47 U.S.C. § 227 ...................................................................................................................... passim OTHER AUTHORITIES H.R. Rep. No. 102-317 (1991) .......................................................................................................12 S. Rep. No. 102-178 (1991) ...........................................................................................................12 Apple, How To Use Do Not Disturb While Driving, (Sep. 17, 2018) .................................................13 Apteligent Data, iOS Distribution and iOS Market Share, (Oct. 10, 2018)........................................................12 FCC, Public Notice, Consumer & Governmental Affairs Bureau Seeks Comment on Interpretation of the in Light of the D.C. Circuit’s ACA International Decision, 83 Fed. Reg. 26284 (2018) ......................................................................................................16 Nancy Messieh, How To Send Automatic Replies to Text Messages on Android, (May 10, 2017).........................................................................................................................13 Ed Pesce & Niels Lesniewski, Democrats Have Few Tactical Options To Fight Supreme Court Pick, Roll Call (July 10, 2018) ..........................................................................................................15 SBA List, About Susan B. Anthony List......................................................................................................1 Deirdre Shesgreen, Schumer Vows To Fight Trump SCOTUS Nominee “with Everything I Have,” USA Today (July 9, 2018) .......................................................................................................15 Verizon, Turn On Auto Reply—Verizon Messages—Android Smartphone............................................13 iv Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 6 of 25 Defendant Susan B. Anthony List, Inc., moves to dismiss Plaintiff’s complaint. As an overbroad, content-based restriction on speech, the Telephone Consumer Protection Act’s limitations on calls made using an automatic telephone dialing system (or ATDS) cannot stand, at least as applied to the targeted, time-sensitive, minimally intrusive political speech at issue in this case. Alternatively, this Court should stay proceedings until the Federal Communications Commission finishes its alreadyinitiated review of the proper interpretation of the statute. I. BACKGROUND SBA List is a non-profit organization whose mission is to “end abortion by electing national leaders and advocating for laws that save lives, with a special calling to promote pro-life women leaders.” SBA List, About Susan B. Anthony List, https://www.sba-list.org/about-susan-b-anthony-list (last visited Sept. 8, 2018); see also, e.g., Susan B. Anthony List v. Driehaus, 134 S. Ct. 2334 (2014). With the announcement of Justice Kennedy’s retirement and President Trump’s nomination of thenJudge Kavanaugh to replace him on July 9, 2018, SBA List spotted a unique, time-sensitive opportunity: it believed that, if confirmed, Justice Kavanaugh would allow voters and their elected representatives, not judges, to decide important questions about abortion policy. Accordingly, it wanted to reach out quickly to like-minded individuals to urge them to contact Senator Bill Nelson—a Florida Democrat locked in a tight re-election battle with former Florida Governor Rick Scott—and urge then-Judge Kavanaugh’s confirmation. SBA List sought to do so through the quickest and least intrusive means available: text messages. It first acquired a list of those likely to support its pro-life message from i360, a data-analytics company. SBA List had good reason to believe that these individuals would appreciate hearing about pro-life policies; i360 compiled its data from a variety of sources, including voter records, to ensure more precise and effective messaging. Added to this list were some individuals who were already SBA List members who had previously provided their contact information. 1 Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 7 of 25 Armed with this contact information, SBA List hired a vendor, Direct Technology Solutions, which in turn hired another vendor, MudShare, to send the messages. Direct Technology Solutions worked with SBA List to craft the message that SBA List wished to distribute. That message—sent July 13, 2018—stated: Trump made his Supreme Court pick! Will Nelson stand with Florida or extreme abortion groups? Watch Now: https://youtu.be/jJxPCfMZOCc. Reply STOP to opt out. Complaint ¶ 19. The linked video reiterated SBA List’s message: “The Court and innocent lives are on the line. President Trump has nominated another fair, independent Justice. Will Senator Nelson stand with us? Or [with extreme abortion groups]?” Plaintiff Shehan Wijesinha, a serial litigant, received SBA List’s text message and clicked the link to watch its video. Complaint ¶¶ 19–21. Rather than just ignore the text or opt out of any future texts, he brought this putative class action. He alleges that SBA List violated the TCPA’s $500-per-call restriction on the use of so-called “automatic telephone dialing systems” (or “ATDSs”), defined as “equipment which has the capacity—(A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers.” 47 U.S.C. § 227(a)(1); see id. § 227(b)(1)(A)(iii), (b)(3); see also In re Rules and Regulations Implementing the TCPA, Report and Order, 18 FCC Rcd. 14014, 14115 (2003) (interpreting “call” to include sending text messages). Because SBA List’s message was delivered to roughly 203,500 people, Wijesinha and his lawyers— also repeat TCPA players—now seek up to $300,000,000 in damages from a charitable organization whose net assets in fiscal year 2016 totaled less than $2 million. Complaint ¶ 48(d); https://bit.ly/2AqqgNr. II. HOLDING SBA LIST LIABLE HERE WOULD VIOLATE THE FIRST AMENDMENT Fortunately, the Constitution stands in the way of Plaintiff’s attempt to destroy SBA List for the grievous harm of sending a single, time-sensitive political text message to a list of those it reasonably 2 Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 8 of 25 believed would want to hear from it about pro-life causes. As it stands, the TCPA contains a host of content-based exemptions, exemptions that violate the fundamental principle that neither Congress nor the Federal Communications Commission may prefer one message over another absent compelling justification. Moreover, insofar as it is applied to cover a one-off text message sent to those likely to desire receiving that message, the TCPA is an overbroad prophylactic restriction on speech. A. The TCPA’s Content-Based Provisions Cannot Survive Strict Scrutiny The TCPA’s original ATDS provision exempted only emergency calls—for every other kind of message, it was “unlawful” to “make any call … using any [ATDS] … to any telephone number assigned to a … cellular telephone service” without “the prior express consent of the called party.” 47 U.S.C. § 227(b)(1)(A)(iii) (1992). Since then, however, the ATDS provision has acquired a number of content-based exemptions. Congress recently exempted calls “made solely to collect a debt owed to or guaranteed by the United States.” 47 U.S.C. § 227(b)(1)(A)(iii). In addition, the Federal Communications Commission has exempted other kinds of messages on account of their content: “package delivery notifications,” see Cargo Airline Ass’n Petition, 29 FCC Rcd. 5056, 5056 (2014) (2014 TCPA Order); certain calls regarding “financial and healthcare issues,” such as “calls regarding money transfers” and “exam reminders,” In re Rules and Regulations Implementing the TCPA, 30 FCC Rcd. 7961, 8023, 8026, 8030 (2015) (2015 TCPA Order); calls by schools that are “closely related to the school’s mission, such as notification of an upcoming teacher conference or general school activity,” In re Rules and Regulations Implementing the TCPA, 31 FCC Rcd. 9054, 9061 (2016) (2016 TCPA Order); and calls by “utility companies” on “matters closely related to the utility service, such as a service outage,” 2016 TCPA Order, at 9061. In light of these exemptions for some types of speech but not others, the ATDS provision violates the First Amendment and must fall. 3 Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 9 of 25 1. These exemptions render the TCPA content-based A law is content-based if it “draws distinctions based on the message a speaker conveys.” Reed v. Town of Gilbert, 135 S. Ct. 2218, 2227 (2015); see also, e.g., Wollschlaeger v. Governor, 848 F.3d 1293 (11th Cir. 2017) (en banc). Some content-based distinctions are “obvious,” “defining regulated speech by particular subject matter.” Reed, 135 S. Ct. at 2227. “Others are more subtle, defining regulated speech by its function or purpose.” Id. The Supreme Court has held that laws that include content-based exemptions are content-based restrictions of speech. For example, in Police Department of Chicago v. Mosley, 408 U.S. 92 (1972), and Carey v. Brown, 447 U.S. 455 (1980), the government prohibited school picketing (Mosley) and residential picketing (Carey), each time with an exemption for picketing on labor issues. In each case, the Supreme Court ruled that the picketing ordinances were content-based because they included a content-based exception. In Mosley, the Court explained that the school-picketing ordinance “discriminat[ed] among pickets … based on the content of their expression”: labor pickets were allowed, but all other pickets were forbidden. 408 U.S. at 102. And in Carey, the Court explained that the residential-picketing ordinance “accord[ed] preferential treatment to the expression of views on one particular subject; information about labor disputes [could] be freely disseminated, but discussion of all other issues [was] restricted.” 447 U.S. at 461; see also Arkansas Writers’ Project, Inc. v. Ragland, 481 U.S. 221, 229 (1987) (a state sales that exempted religious, trade, professional, and sports magazines but not other types of magazines was “particularly repugnant to First Amendment principles” because “a magazine’s tax status depend[ed] entirely on its content.”). These decisions are “firmly grounded in basic First Amendment principles.” City of Ladue v. Gilleo, 512 U.S. 43, 51 (1994). “[A]n exemption from an otherwise permissible regulation of speech may represent a governmental ‘attempt to give one side of a debatable public question an advantage in expressing its views to the people.’” Id. (quoting First Nat’l Bank of Boston v. Bellotti, 435 U.S. 765, 4 Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 10 of 25 785–86 (1978)). In addition, “through the combined operation of a general speech restriction and its exemptions, the government might seek to select the ‘permissible subjects for public debate.’” Id. (quoting Consol. Edison Co. of N.Y. v. Pub. Serv. Comm’n of N.Y., 447 U.S. 530, 538 (1980)). Finally, “[e]xemptions from an otherwise legitimate regulation of a medium of speech … may diminish the credibility of the government’s rationale for restricting speech in the first place.” Id. at 52. If the government truly took the rationale for a speech restriction seriously, it would apply that restriction across the board, rather than selectively exempt certain content from the ban. Section 227(b)(1)(A)(iii) is content-based. The statute on its face includes a content-based exemption by prohibiting the use of ATDS equipment to call cell phones, “unless such call is made solely to collect a debt owed to or guaranteed by the United States.” The exemption “draws distinctions based on the message a speaker conveys”: A caller may use an ATDS to collect a government debt, but not to urge church attendance, solicit a charitable contribution, or, as here, urge someone to contact her Senator about a nomination. The exemption also “defin[es] regulated speech by its function or purpose”: calls made for the purpose of collecting a government debt enjoy the exemption, but calls made for other purposes do not. Just as the laws in Carey and Mosley singled out labor picketing for special favor, this law singles out calls about government debts for special favor. Indeed, the debt-collection exemption amounts to viewpoint discrimination—a “blatant” and “egregious form of content discrimination.” Rosenberger v. Rector, 515 U.S. 819, 829 (1995). The federal government and its allies may use an ATDS to call debtors to urge them to pay their debts to the government. Yet, at the same time, private debt counselors may not use an ATDS to call debtors to advise them to negotiate a debt settlement, to challenge the debt in court, or to declare bankruptcy. The Commission’s administratively conferred exemptions make matters even worse. The Commission has exempted “package delivery notifications” “based on their popularity.” 2014 TCPA 5 Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 11 of 25 Order, 29 FCC Rcd at 5056. It has exempted certain calls regarding “financial and healthcare issues”— for example, “calls regarding money transfers” and “appointment and exam confirmations and reminders”—on the ground that these messages are “pro-consumer.” 2015 TCPA Order, 30 FCC Rcd. at 8023, 8025, 8030. And it has ruled that schools and utilities may make automated calls to notify parents and customers about upcoming school conferences and service interruptions. 2016 TCPA Order, 31 FCC Rcd at 9061. The resulting regime is pervasively content-based. Banks may use an ATDS to tell customers about money transfers, but Bernie Sanders may not use an ATDS to tell his supporters about plans to break up the big banks. A doctor may remind patients to attend a checkup, but a pastor may not remind parishioners to attend church. A school may notify parents of an upcoming teacher conference, but a charity may not notify them of an upcoming fundraiser. And a utility may warn customers that they will lose electricity because of a storm, but a satellite dish company may not warn them that they will lose satellite reception because of the same storm. This discrimination is all the more suspect because it reflects a government agency’s judgments about which messages are “popular” or “pro-consumer.” 2. These exemptions cannot survive strict scrutiny “A law that is content based … is subject to strict scrutiny regardless of the government’s benign motive, content-neutral justification, or lack of ‘animus towards the ideas contained’ in the regulated speech.” Reed, 135 S. Ct. at 2228 (quoting Cincinnati v. Discovery Network, Inc., 507 U.S. 410, 429 (1993)). To satisfy strict scrutiny, the government must “prove that the restriction furthers a compelling interest and is narrowly tailored to achieve that interest.” Id. at 2231. Section 227(b)(1)(A)(iii) fails this test. First, Section 227(b)(1)(A)(iii) fails strict scrutiny because its exemptions suggest that it does not truly serve a compelling interest. A compelling interest is “a state interest of the highest order.” Williams-Yulee v. Florida Bar, 135 S. Ct. 1656, 1666 (2015). But “a law cannot be regarded as 6 Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 12 of 25 protecting an interest of the highest order, and thus as justifying a restriction upon … speech, when it leaves appreciable damage to that supposedly vital interest unprohibited.” The Florida Star v. BJF, 491 U.S. 524, 541–42 (1989) (Scalia, J., concurring in the judgment) (citation omitted); see Williams-Yulee, 135 S. Ct. at 1668 (“Underinclusiveness can … reveal that a law does not actually advance a compelling interest”). For example, in Carey, the Supreme Court relied on the labor-picketing exemption to conclude that a residential-picketing ordinance did not serve a compelling interest. The Court acknowledged that, as an abstract matter, “preserving the sanctity of the home … is surely an important value.” 447 U.S. at 471. Even so, the labor-picketing exemption “suggest[ed] that [the state] itself has determined that residential privacy is not a transcendent objective.” Id. at 465. The “underinclusiveness of the statute’s restriction” “undermine[d] [the state’s] claim” to be protecting a compelling interest. Id. at 465–66. So also here. If the Federal Government truly believed that protecting people from autodialed calls is an “interest of the highest order,” it would have prohibited all autodialed calls. It has not done so. Quite the contrary, it has authorized debt collectors, package deliverers, banks, hospitals, schools, and utilities to make autodialed calls to deliver government-approved messages. In granting these exemptions, the Federal Government itself has determined that protecting people from autodialed calls is not a transcendent objective. Rather, the Federal Government has concluded that other interests, such as collecting debts and facilitating package deliveries, are even more important. Having made that judgment, the Federal Government cannot now turn around and claim that § 227(b)(1)(A)(iii) serves an interest of the highest order after all. Second, Section 227(b)(1)(A)(iii) fails strict scrutiny because its content-based exceptions fail strict scrutiny. When a speech restriction includes a content-based exemption, the government must do more than show that the restriction as a whole satisfies strict scrutiny; “[the] content-based exemption 7 Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 13 of 25 also must survive strict scrutiny.” Frudden v. Pilling, 742 F.3d 1199, 1207 (9th Cir. 2014). For example, in Mosley, the Supreme Court struck down a school-picketing ordinance with an exemption for labor picketing. The interest in “preventing school disruption” could justify an across-the-board ban on picketing, but could not justify a ban with an exemption for labor picketing, because “nonlabor picketing … is obviously no more disruptive than … labor picketing.” 408 U.S. at 100. Similarly, in Carey, the Court struck down a residential-picketing ordinance with an exemption for labor picketing. The interest in protecting “residential privacy” could justify an across-the-board ban on residential picketing, but could not justify a ban with an exemption for labor picketing, because “nonlabor picketing [and] labor picketing [are] equally likely to intrude on the tranquility of the home.” 447 U.S. at 462. Again, in Arkansas Writers Project, the Court struck down a sales tax with an exemption for religious, professional, trade, and sports magazines. The “general interest in raising revenue” justified a sales tax, but it “d[id] not explain [the] selective imposition of the sales tax on some magazines and not others, based solely on their content.” 481 U.S. at 231. Under these principles, Section 227(b)(1)(A)(iii) cannot survive. An exemption for calls to collect government debts does not serve any compelling interest, much less serve such an interest in a narrowly tailored way. To be sure, the exemption helps the government collect money from its debtors. The Supreme Court has ruled, however, that “avoid[ing] a drain on public resources” is not a compelling interest. Arizona Free Enter. Club’s Freedom Club PAC v. Bennett, 564 U.S. 721, 747 (2011). By the same token, the exemptions for calls regarding package deliveries, financial issues, healthcare issues, school issues, and utility service also fail strict scrutiny. The government has no compelling interest in giving special protection to the expression of views on favored subjects such as finance and healthcare. Quite the opposite, the First Amendment prohibits “preferential treatment to the expression of views on one particular subject.” Carey, 447 U.S. at 461. 8 Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 14 of 25 In the final analysis, the ATDS restriction in this case suffers from the same basic flaw as the residential-picketing ordinance in Carey. In each case, the government has ostensibly sought to promote “residential privacy” and “the tranquility of the home.” Id. at 462. In each case, the government has refused to pursue these interests through “uniform and nondiscriminatory regulation.” Id. at 470. The government has instead adopted restrictions that “discriminat[e] … based on the subject matter of [the] expression.” Id. at 471. This discrimination has no connection with the privacy interest that ostensibly justified the statute in the first place. In Carey, “nothing in the content-based labor-nonlabor distinction ha[d] any bearing whatsoever on privacy.” Id. at 465. Similarly, here, nothing in the content-based debt versus non-debt distinction has any bearing whatsoever on privacy. Just as the statute in Carey violated the Constitution, so too the statute here violates the Constitution. 3. The proper remedy is to invalidate Section 227(b)(1)(A)(iii) The appropriate remedy for this obvious constitutional defect in Section 227(b)(1)(A)(iii) is to level up—to declare this provision of the statute invalid, so that all speakers, not just governmentfavored speakers such as debt collectors and banks, may use ATDS equipment to call cell phones. The appropriate remedy is not to level down—to strike down the content-based exemptions, so that no speaker may use ATDS equipment to call cell phones. First, the Supreme Court has ruled that the appropriate remedy for a speech restriction with an impermissible content-based exemption is to set aside the restriction, not to set aside the exemption. In Mosley and Carey, the Supreme Court invalidated the entire picketing ordinance, not just the contentbased exemption for labor picketing. 408 U.S. at 102; 447 U.S. at 471. In Arkansas Writers Project, the Supreme Court invalidated the application of the sales tax to magazines, not just the content-based tax exemptions for religious, trade, professional, and sports magazines. 481 U.S. at 234. These decisions reflect the principle that courts must choose remedies that “create incentives to raise [constitutional] challenges.” Lucia v. SEC, 138 S. Ct. 2044, 2055 n.5 (2018) (punctuation and 9 Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 15 of 25 alterations omitted) (quoting Ryder v. United States, 515 U.S. 177, 183 (1995)). In a free-speech case, only leveling up—eliminating the restriction on speech—creates such an incentive. A speaker would have little incentive to challenge a discriminatory restriction on speech, if the only remedy it could obtain is the expansion of that restriction to cover more speech. These decisions also reflect the reality that the invalidation of an exemption can itself raise new constitutional problems. When a court invalidates an exemption, it retroactively imposes liability on speakers who relied on that exemption while it was on the books. Such retroactive liability clashes with the principle that the government must give speakers “fair notice” before restricting their speech. FCC v. Fox Television Stations, Inc., 567 U.S. 239, 253 (2012). Leveling up is thus the only remedy that solves the constitutional problems created by the defective statute without creating new problems to take their place. These precedents require invalidation of the ATDS restriction, rather than invalidation of the exemptions for debt-collection calls, package-delivery notifications, and so on. That is the only course that preserves an incentive to raise challenges to content-discriminatory laws such as the TCPA. A litigant such as SBA List would have little reason to bring such a challenge, if all it could get is the application of the TCPA to even more callers. Second, invalidating the restriction is particularly appropriate here because of the sheer number of exemptions at issue. Courts, unlike Congress, lack the “editorial freedom” to “blue-pencil” a statutory or regulatory scheme. Free Enter. Fund v. PCAOB, 561 U.S. 477, 510 (2010). The simple remedy of invalidating Section 227(b)(1)(A)(iii) is consistent with this limit on judicial authority. The more complex remedy of invalidating a series of exemptions scattered across the United States Code and Code of Federal Regulations is not. 10 Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 16 of 25 Finally, invalidating the restriction is appropriate here because constitutional defects are inherent in the restriction itself—not simply in the exemptions. The restriction does not advance a compelling interest; as discussed above, the Federal Government’s readiness to grant exemptions from the restriction itself suggests that the Federal Government does not consider the goals advanced by the restriction to be of paramount importance. Further, the restriction is not narrowly tailored to any compelling interest because it targets far more than the exact source of the evil sought to be remedied. See supra 9. Only the invalidation of the restriction would cure these problems; the invalidation of the exemptions would not. For these reasons, this Court should hold that the TCPA’s restriction on using ATDS equipment to call cell phones violates the First Amendment. As a result, SBA List cannot be held liable under that provision for the texts it sent urging then-Judge Kavanaugh’s confirmation, and Wijesinha’s Complaint must therefore be dismissed. B. The TCPA’s ATDS Provision Is Unconstitutionally Overbroad If Applied To Cover Equipment That Merely Stores and Dials Numbers Recall that the TCPA’s ATDS provision makes it unlawful (absent “prior express consent”) to “call” wireless subscribers “using an [ATDS],” defined as “equipment which has the capacity—(A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers.” 47 U.S.C. § 227(a)(1), (b)(1)(A)(iii). By its terms, this provision covers only equipment with the capacity to generate and dial random or sequential numbers, not simply to dial from a list. See, e.g., Dominguez v. Yahoo, Inc., 894 F.3d 116, 121 (3d Cir. 2018) (describing the “key … question” as “whether [the equipment] functioned as an autodialer by randomly or sequentially generating telephone numbers”). But because such equipment has not been in use for years, plaintiffs like Wijesinha must insist that the ATDS provision also covers devices that merely store and dial numbers from a list. See Complaint ¶ 44 (the ATDS provision covers any call or text delivered “without 11 Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 17 of 25 human intervention,” including calls or texts to numbers contained on a targeted list). So construed, the ATDS provision unconstitutionally restricts too much speech. Even content-neutral speech restrictions must “serve a significant government interest, be narrowly tailored to serve that interest, and leave open ample alternative channels of communication.” Ward v. Rock Against Racism, 491 U.S. 781, 804 (1989). To be narrowly tailored, a content-neutral restriction on speech must “target[] and eliminate[] no more than the exact source of the ‘evil’ it seeks to remedy.” Frisby v. Schultz, 487 U.S. 474, 485 (1988). The ATDS provision, construed as plaintiffs like Wijesinha demand, violates these requirements. Under this interpretation, the TCPA covers far more than the “exact source of the evil” Congress attempted to eliminate in 1991—randomly or sequentially generated calls that tied up hospital lines, overwhelmed 911 operators, and crashed early wireless networks. See S. Rep. No. 102-178, at 2 (1991); H.R. Rep. No. 102-317, at 10 (1991). Instead, it also covers equipment that almost certainly does not create those harms—such as equipment that merely dials from a preprogrammed list of numbers. Such prophylaxis is not allowed under the First Amendment. Indeed, Wijesinha’s interpretation of the ATDS provision is so broad that it covers hundreds of millions of ordinary smartphones. Take for instance the iPhone, used by millions of Americans every day to make hundreds of millions of calls and send billions of texts. See, e.g., Subscriber Share Held by Smartphone Operating Systems in the United States from 2012 to 2018, https://goo.gl/zLAqWv (2018) (noting that 44% of Americans with smartphones have iPhones). Every iPhone capable of running iOS version 11 or later—that is, 57.9% of existing iPhones, see Apteligent Data, iOS Distribution and iOS Market Share, https://bit.ly/2I1y6BL (Oct. 10, 2018)—comes with a preprogrammed feature called “Do Not Disturb.” That program allows users to respond automatically to incoming texts. For example, with a few taps, it can be set to activate when driving: “If someone sends 12 Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 18 of 25 you a message, they receive an automatic reply letting them know that you’re driving.” Apple, How To Use Do Not Disturb While Driving, https://apple.co/2w8nurH (Sep. 17, 2018). It can also be set to respond automatically in a more targeted fashion. For example, you can set it to respond to certain groups of people—say, to recent callers, people on your Favorites list, or anyone in your Contacts— while you’re at a movie or trying to get some work done. See id. The millions of smartphone users who prefer Android phones have similar options. See, e.g., Nancy Messieh, How To Send Automatic Replies to Text Messages on Android, https://bit.ly/2IRgGWA (May 10, 2017) (discussing third-party apps such as SMS Auto Reply Text Message and If This Then That); Verizon, Turn On Auto Reply— Verizon Messages—Android Smartphone, https://vz.to/2A5tqpH (discussing how to activate Verizon’s auto-reply functionality for its messaging app). Congress would never have chosen to prohibit “every uninvited communication from a smartphone,” making “nearly every American … a TCPA-violator-in-waiting, if not a violator-in-fact.” ACA Int’l v. FCC, 885 F.3d 687, 698 (D.C. Cir. 2018). But even if it tried to do so (as Wijesinha insists), the First Amendment—which prohibits grossly overbroad speech restrictions—would stand in its way. C. At the Least, the TCPA’s ATDS Provision Cannot Be Applied to Targeted, OneOff, Costless, Time-Sensitive Political Text Messages Finally, even setting aside the ATDS provision’s rampant content- and viewpoint-based discrimination, and even setting aside the wild overbreadth inherent in Wijesinha’s position, SBA List still could not be held liable in this particular case. First, the Government lacks a legitimate interest in saving people from the trifling harm—if any—of receiving a single, costless, targeted text message before opting out of future text messages. As explained, the TCPA’s ATDS provision was enacted to thwart a particularly aggravating kind of speech: a phone call delivered at random—and often at dinner time—to hawk “free” cruises and other questionable products. See supra 12. The annoyance at stake there differs in kind from what the recipient of a text message—even an unwanted text message—faces: 13 Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 19 of 25 ignoring or deleting the text, or replying “STOP” to prevent subsequent texts. This at-most-minor inconvenience is less than the inconvenience involved in receiving unwanted handbills or letters delivered in person. And yet the Supreme Court has held that the government may not “substitute[] the judgment of the community for the judgment of the individual householder” by prophylactically prohibiting the distribution of such materials. Martin v. City of Struthers, 319 U.S. 141, 144 (1943). Instead, “[f]reedom to distribute information to every citizen wherever he desires to receive it is so clearly vital to the preservation of a free society” that “each householder” must be given “the full right to decide whether he will receive strangers as visitors.” Id. at 146–47; see also Rowan v. U.S. Post Office Dep’t, 397 U.S. 728, 735–38 (1970) (upholding a statute allowing homeowners to block mail, but only because the “mailer’s right to communicate [wa]s circumscribed only by an affirmative act of the addressee giving notice that he wishe[d] no further mailings from that mailer”). If the government’s interest in stopping strangers from knocking on doors to deliver advertisements isn’t strong enough to justify a blunderbuss ban, it lacks an interest in sparing people from the horrors of hitting the trash icon or saying “STOP” to a free but undesired political text message sent by someone who reasonably thought they would be interested in a time-sensitive message. Second, the TCPA’s ATDS restriction—at least as applied to targeted, time-sensitive, cost-free political messages—does not leave open ample alternative channels of communication. To be sure, the First Amendment does not force governments to allow speakers to “communicate [their] views at all times and places or in any manner that may be desired.” Heffron v. Int’l Soc’y for Krishna Consciousness, Inc., 452 U.S. 640, 647 (1981). But it does require governments to leave speakers with “adequate means” to do so. Id. at 655. Prohibiting SBA List’s text messages does not. Then-Judge Kavanaugh was nominated on July 9, 2018, and Senator Grassley, the Chair of the Senate Judiciary Committee, promised soon thereafter that then-Judge Kavanaugh would be confirmed before the start 14 Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 20 of 25 of the Supreme Court’s October Term 2018. See, e.g., Ed Pesce & Niels Lesniewski, Democrats Have Few Tactical Options To Fight Supreme Court Pick, https://bit.ly/2Phj0f3, Roll Call (July 10, 2018). Senators immediately began announcing their positions on then-Judge Kavanaugh’s nomination as well. See, e.g., Deirdre Shesgreen, Schumer Vows To Fight Trump SCOTUS Nominee “with Everything I Have,” https://bit.ly/2NnZDfk, USA Today (July 9, 2018). Voters thus had to act quickly in order to have their voices heard by their elected representatives. In that scenario, text messages—a uniquely quick, cheap, effective, and unobtrusive approach—represented the only plausible means for doing so. SBA List could not slog through the expense and delay of what is appropriately called “snail mail.” Nor could it timely call each of these 203,500 people to secure their prior express consent, at least not without using equipment that Plaintiff would contend qualified as an ATDS in its own right. Finally, SBA List obviously could not exercise its unquestioned right to knock on peoples’ doors; even if it could determine where they lived—and even if SBA List wanted to use this much more intrusive method—it could not have reached all 203,500 of them with the requisite urgency. For SBA List, it was texts or nothing. Even if it had meant to do so, Congress cannot constitutionally put SBA List to that choice. III. ALTERNATIVELY, THIS COURT SHOULD STAY PROCEEDINGS UNTIL INTERPRETED THE ATDS PROVISION THE FCC HAS The unconstitutionality of the TCPA’s ATDS provision is clear. But if the Court wishes to avoid deciding that question right now, there is a very good reason to do so: the FCC will soon issue its interpretation of the statute, one that will likely moot the constitutional questions raised here. Under the primary jurisdiction doctrine, a district court may “stay[] further proceedings so as to give the parties reasonable opportunity to seek an administrative ruling” on “some issue within the special competence of an administrative agency.” Boyes v. Shell Oil Prods. Co., 199 F.3d 1260, 1265 (11th Cir. 2000) (quoting Reiter v. Cooper, 507 U.S. 258, 268 (1993)). And under its own inherent authority, a district court may stay proceedings to manage its docket in an orderly, efficient manner. See 15 Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 21 of 25 Four Seasons Hotels & Resorts, B.V. v. Consorcio Barr S.A., 377 F.3d 1164, 1172 n.7 (11th Cir. 2004). Both sources of power justify a stay here. Consider first the primary jurisdiction doctrine. Congress has given the FCC authority to “prescribe regulations to implement the requirements” of the TCPA’s prohibitions. 47 U.S.C. § 227(b)(2). That authority includes the authority to interpret the ATDS provision. See, e.g., ACA Int’l, 885 F.3d at 693. And once the FCC has spoken, its conclusions are final, at least for purposes of private litigation. Under the Administrative Orders Review Act (sometimes known as the Hobbs Act), the FCC’s interpretations may only be challenged by direct review of an agency order in a court of appeals; they may not be set aside by a district court in private litigation, no matter how unlawful. See, e.g., Mais v. Gulf Coast Collection Bureau, Inc., 768 F.3d 1110, 1119–21 (11th Cir. 2014). The FCC is about to deliver its definitive position on a host of issues at the heart of this case. In its 2015 Declaratory Ruling, the FCC reiterated its prior statements adopting conflicting interpretations of the ATDS requirement—at times the FCC suggested that ATDSs must be able to generate and dial randomly or sequentially generated numbers, but at others it suggested the ability to dial from a list sufficed. See ACA Int’l, 885 F.3d at 701–02. The D.C. Circuit set aside that arbitrary approach, see id. at 702–03, but the FCC has sought and received comment on its efforts to revisit the issue (as well as a host of other issues, such as whether ACA International invalidated all of the FCC’s prior statements about ATDS functionality or instead just the 2015 Declaratory Ruling’s statements on that front), see FCC, Public Notice, Consumer & Governmental Affairs Bureau Seeks Comment on Interpretation of the [TCPA] in Light of the D.C. Circuit’s ACA International Decision, 83 Fed. Reg. 26284 (2018). The FCC’s upcoming decision will likely end this case—after all, then-Commissioner, now-Chairman Pai dissented from the 2015 Declaratory Ruling in part because of his view that “[e]quipment that cannot store, produce, or dial a random or sequential telephone number does not qualify as an [ATDS],” 30 16 Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 22 of 25 FCC Rcd. 7961, 8077 (Pai, Comm’r, dissenting), and nobody uses random or sequential number generators any more. But either way, the FCC—the agency tasked by Congress with authoritatively interpreting the TCPA—should have the first chance to assess these case-dispositive issues before this Court unnecessarily assesses the TCPA’s constitutionality. For similar reasons, a stay would also be appropriate under this Court’s inherent authority. The proper interpretation of the TCPA’s ATDS provision has already created a circuit split. Compare Dominguez, 894 F.3d at 121 (the provision requires random or sequential number generation), with Marks v. Crunch San Diego, LLC, 904 F.3d 1041, 1053 (9th Cir. 2018) (the provision covers equipment that merely “store[s] numbers to be called” and then calls those numbers automatically). It has also led to chaos in the district courts. Compare, e.g., Pinkus v. Sirius XM Radio Inc., 319 F. Supp. 3d 927 (N.D. Ill. 2018) (ACA International swept away the FCC’s prior statements and the statute does not cover dialing from a list), with, e.g., Ammons v. Ally Fin., Inc., 326 F. Supp. 3d 578, 2018 WL 3134619, at *6 (M.D. Tenn. 2018) (ACA International did not affect prior orders suggesting the ability to dial automatically from a list sufficed). Indeed, district courts within the Eleventh Circuit find themselves on opposite sides of these issues. Compare, e.g., Maddox v. CBE Grp., Inc., 2018 WL 2327037, at *4 (N.D. Ga. May 22, 2018) (prior rulings survived), with Gonzalez v. Ocwen Loan Servicing, 2018 WL 4217065, at *5 (M.D. Fla. Sept. 5, 2018) (prior rulings died). There is no reason for this Court to waste its time, or for the parties to waste their money, litigating issues that will shortly be addressed in binding fashion by the FCC. 17 Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 23 of 25 IV. CONCLUSION Whatever its validity as originally enacted and applied in the early 1990s, the TCPA has been transformed into a statute that subjects disfavored content to massive class-action liability and that prohibits costless, time-sensitive political text messages for no good reason. Because the TCPA’s ATDS provision is doubly unconstitutional, at least as applied in this case, Wijesinha’s Complaint must be dismissed. Alternatively, this Court could avoid unnecessarily invalidating a federal statute by staying this case until after the FCC’s upcoming decision, which will likely moot the issue anyway. 18 Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 24 of 25 CERTIFICATE OF GOOD FAITH CONFERENCE I HEREBY CERTIFY that on October 23, 2018, counsel for SBA List conferred with counsel for Plaintiff in a good-faith effort to resolve the issues raised in SBA List’s motion to stay proceedings. Counsel for Plaintiff opposes this motion. Date: October 26, 2018 Respectfully submitted, /s/ Paul C. Huck Jr. Paul C. Huck Jr. Florida Bar No. 968358 Email: paulhuck@jonesday.com Christopher R.J. Pace Florida Bar No. 721166 Email: crjpace@jonesday.com JONES DAY 600 Brickell Avenue, Suite 3300 Miami, FL 33131 Telephone: (305) 714-9700 Thomas Demitrack (Pro Hac Vice Motion Pending) Email: tdemitrack@jonesday.com JONES DAY 901 Lakeside Avenue Cleveland, OH 44114 Telephone: (216) 586-3939 Shay Dvoretzky (Pro Hac Vice Motion Pending) Email: sdvoretzky@jonesday.com JONES DAY 51 Louisiana Avenue, NW Washington, DC 20001 Telephone: (202) 879-3939 Counsel for Defendant Susan B. Anthony List, Inc. 19 Case 1:18-cv-22880-JEM Document 22 Entered on FLSD Docket 10/26/2018 Page 25 of 25 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on October 26, 2018, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record via transmission of Notice of Electronic Filing generated by CM/ECF. /s/ Paul C. Huck Jr. Paul C. Huck Jr. 20 EXHIBIT Mar 13 US 11:bla NUS Communications Q?uilb?dl?r?l tune/zoos 04.33 7033753375 sum" a sermon muuzwio I 1 on 5 NI This AGREEMENT made and entered into this 9?11 day of February, 2009, by and between SUSAN ll. ANTHONY LIST, 1800 N. Kent Street Suite 1070. Arlington, VA 22209, a non-pro?t organization (hereinafter referred to on and MDS COMMUNICATIONS CORPORATION, a for-pro?t corporation (hereinafter referred to as Said expressions to include the respective party's successors and assigns. WITNESSETH: For and in consideration of the mutual covenants herein contained. the suf?ciency of which is acknowledged as evidenced by the signatures of each of the parties hereto, it is mutually agreed as follows: 1. QF THE AGREEMENT. The parties enter into this Agreement to conduct a program contacting members of the general public in the name of the CLIENT to provide information and material in the nature of public education. program service. advocacy. and at the some time, combine the function of donor acquisition and donor renewal as to advance the program services of the CLIENT in the areas of advancing the role of pro-life women in the political process. 2. SEEMS 01" MRS, In order to give e?'ect to the purposes of this Agreement, MUS will provide to the CLIENT a public contact program, and perform the following services and incur the following expenses as a part of its fee. to-witi Creative input and research to deValop scripts and other written materials; (13) Training and supervision: of personnel; Requisite data processing; The placing of telephone-cells: Ful?llment services utilizing ?rst class postage; and (9 Development of a reminder letter to be Sent to unful?lled pledges on or near the twenty-?rst day after the initial contact. (3) For lapsed donor and acquisition programs, the mailing of a second reminder letter to be sent to unful?lled pledges on or near the sixth to seventh week after initial contact. nar 13 um 11:31a nun communican1ons euuzacaiww 02/12/2009 04:39 FAX 7038753375 SUSAN AHIHONY moor/um For donor acquisition programs. the mailing of a third reminder letter to be sent to unful?lled pledges on or near the ninth to tenth week after initial contact. MDS shall have the sole control as to the manner and means of performing the above services. and. shall complete them according to its own methods of work. MDS shall be responsible for and direct the performance of all of its communication specialists. 3. GOALS. The parties may elect to can program goals based upon test results. However, these goals shall not be binding, but simply represent an estimate of perceived renults. The program goals may be expressed in writing in a document separate and apart from this Agreement. 4. S. The parties will mutually agree, from time to time, on the lists to be utilized as a part of this project- The list obtained will be on a computer data base with addresses and telephone numbers in a prearranged format. MDS shall use its heat efforts to secure a maximum number of contacts on each such list. CLIENT will provide to MDS a list in electronic form of all individuals who have made a request to CLIENT to not receive any further phone calls from CLIENT. At the conclusion of the program, MDS will provide CLIENT with a list in electronic form of all individuals who requested not to be called any further during the course of the program. 5. mm. The parties acknowledge and agree that this Agreement shall begin February 2009 and terminate February 8. 2010. Either party may halt any calling being performed under this Agreement with or without cause hy giving one day written notice. Either party may terminate this Agreement with or without cause by giVing thirty days written notice. - Upon termination of this Agreement. the CLIENT agrees to maintain in place the collection facilities and to continue to send MDS a record of all gifts ful?lled pursuant to Paragraph 9 for a period of one hundred eighty (180) days after termination. 6. All written materials, including ?ecripts and ful?llment packages ahall either be created by the CLIENT, or be subject to the CLIENTS ?nal approval prior to use. For the purposes of approval the CLIENT will designate an individual who agrees to review same within five (5) days of receipt. Consent shall. not be unreasonably withheld. nar US 11:31:18 nun uommunicauions wauzacur-r-r 0211212009 0438 FAX 7038753315 SUSAN ANIHONY LIST @004/015 cu 3 7. WDWL At the conclusion of the program. MDS will supply the CLIENT with a computer list of all records, including their ?nal disposition and any updates such as pledges, address corrections and the names of individuals who wish to be removed from the hat. MDS will transmit. to the CLIENT a memo outlining the results of calls made Monday through Thursday the next day. and the results of Friday and Saturday on Monday. MDS will also transmit to the CLIENT a weekly memo outlining the ful?llment percentages. 8. QAJEGOFLLES 0F CALLING. The parties acknowledge and agree that this Agreement contemplates three separate categories of appeals, to-witt A. Dong; gm. For the purpose of this Agreement. donor renewal. is de?ned to be the contact of those individuals who have contributed to the CLIENT within the last 12 months (or as mutually agreed upon by both parties). 8. Renewal. For the purposes of this Agreement, lapsed donor renewal is de?ned to be the contact of those individuals who have previously contributed to the CLIENT, within the past 48 months, but not within the past 12 months. C. mumsed I For the purposes of this Agreement long lapsed/donor acquisition is de?ned to be the canteen of those individuals who: 1. have never made a contribution to the CLIENT. 2. have made a contribution to the CLIENT. but not within the past 48 months. 9. The CLIENT shall be invoiced on a weekly basis for all telemarketing calling at at rate of- Al $2.80 per completed call for donor renewal campaigns. A completed call shall be de?ned as a decision (yes. no or maybe) from the household contacted. Bl $47.00 per telemarketing hour for lapsed donor renewal campaigns. A telemarketing hour shall be de?ned as a period of sixty minutes during which time a telemarketer is engaged in contacting peeple without interruption. C) $44.65 per telemarketing hour for long acquisition campaigns. A telemarketing hour shall be de?ned as a period of sixty minutes during which time a te-lomarketer is engaged in contacting people without interruption. mar 18 us nus uommun10an1ons quu,a?u1,q 0211212008 0439 FM: 7038?533?5 SUSAN AHIHDNY moon/ole All invoices will be due within 510 days of date of issuance. If the CLIENT defaults in any payment. MDS may at its discretion, change billing and time for payment. and may require payment in advance from CLIENT. All unpaid invoices past 60 days will be assessed a late fee of 1% per month or $100 per month. whichever is greater. CLIENT will, at least once a week. send to MDS the response coupon (or a copy thereof) or electronic ?le representing all gifts received by CLIENT during the previous week. The CLIENT shall send these weekly packages to MDS by overnight delivery, email or posting. 10. WXPENQES. CLIENT is responsible for all costs associated with production of stationery, including letterhead, envelopes, response cards and brochures for the ful?llment letters. Such expenses shall be billed directly to CLIENT by a third party vendor after approval by CLIENT- CLIENT is responsible for all costs associated with list enhancement and list veri?cation. Such expenses shall be billed to CLIENT by MDS at cost after approval by CLIENT. All invoices for other expenses issued by MDS will be due Within 30 days of date of issuance. 11- WW MDS guarantees that the amount of MDS compensation detailed in Paragraph 9 for each category of calling will not exceed the amount of donations received by CLIENT for each category of calling. Six months a?el- the conclusion of this contract, MDS will send CLIENT a statement detailing for each category of calling the A) total amount billed by MDS, B) the total amount of donations received by CLIENT and C) the total amount paid to MDS by CLIENT. 11' total amount paid to MDS by CLIENT is greater than the total amount of donations received by CLIENT. the di?erence will be refunded to CLIENT by MDS. Each category of calling will be treated separately for the purposes of this break-even guarantee. Other Expenses detailed in Paragraph 10 are not covered under this break- even guarantee. mar 13 us 11:52:; r1115 Communications .0 02/12/2003 0410 FAX l033753375 SUSAN ANIHDNY LISI moat/vie 5 If CLIENT neglects to send MDS the weekly ?le of all gifts received for a period of 3 consecutive weeks or longer or if MDS has evidence that CLIENT has not been reporting all gifts received this break'even guarantee will be terminated. 12. OF COHILEW MDS at no time shall have custody or control of contributions made to CLIENT. 13. 39.1135.- The CLIENT does hereby grant to MDS a lien on CLIENTS list should it fail or refuse to pay over funds which have been received in accordance with this project to satisfy the existing obligations as provided herein. This lien shall extend to the right to rent said list or utilize it until such time as proceeds are generated according to normal business practices and standards to create compensation to MDS su?eient with the amount that has been withheld. At the end of such time, the lint shall be returned to the CLIENT. l4. WQICE WITH SKATE LAWS. Each of the parties acknowledges and agrees that the activities contemplated herein are subject to the laws of the various states. To the extent that any state has an individual requirement that is not speci?ed herein, attached hereto and marked Exhibit is an Addendum to this Agreement which shall be applicable. Further. the parties acknowledge and agree that these activities are subject to the registration laws of the various states, and where applicable. each of the parties acknowledge that they are so registered. 15. MUAL ERQEERTY ND NF . All scripts. ful?llment letters, reminder letters, conversion letters, materials and procedures developed by MDS for use in this program shall remain the exclusive property of MDS. and same shall not be used by any individual, corporation, or organization without ?rst obtaining written consent from MDS to do so. Lists provided by the CLIENT to MDS to use in a program. subject to the lien of MDS as provided hereinsbove, belong solely to the CLIENT. MDS agrees not to use these lists for any other purpose than that described in this agreement. Furthermore. MDS will take steps to make sure such lists are secure from unauthorized access. Unless otherwise directed by CLIENT. MDS will keep all CLIENT supplied lists for a period of one year before destroying the lists. CLIENT agrees. to allow MDS to retain records of individuals who have refused the offer to contribute or who have not ful?lled their pledges. This data will be used only for suppressing records on future programs for all MDS clients and not for any other purpose. The data kept on record will not identify the household as a donor to any particular organization and will only identify the donor as someone mar in us 11::33 nus communications euuraduree 02/1212008 0410 FAX 7038753375 SUSAN 9 mnouv LIST mvkur: a: 6 who does not respond to telephone fundraising calls or who does not ful?ll their pledges if they do respond. 16. MAEW. This agreement represents the entire understanding by and hetween the parties hereto. All prior oral understandings or written agreement are deemed merged herein. This agreement may only be amended in writing signed by each of the parties hereto. 17. SKILLS. The parties hereto acknowledge and agreed that this Agreement is made and entered into in the state of Arizona, and that the validity, interpretation, performance and enforcement shall be governed by the laws thereof. 18. PEVMLIEM. Should any dispute arise between the parties hereto which cannot be resolved by agreement or by the mutual election of arbitration, and should a judicial premeding be instituted. than in that event the prevailing party shall be entitled to attorney fees. 19. BJEQIEGJW. This Agreement shall be binding upon and inure the bene?t of the respective party's successors and assigns. mar 13 uu 11:353 nun Lommunlcanlons WUUIDCULWW 02/12/2009 04:40 FAR 7033753375 SUSAN ANTHONY LIST @008/015 IN WITNESS WHEREOF the parties hereto have exacuted this Agreement on the day and year ?rst above written. Agreed and Accepted. MM Premi n: . (printed nam'e 8: title) Date: i g/ 7&9? SUSAN B. ANTHONY HST BY: . E3 gaw? 8"me Jive, 1)"de (p inted name title) a. ?241 Pd Lamb?1?3 tinted name title) Date: ?"061 mar 18 U3 11:34a l'llJb' unmmun1can1ons 02/12/2009 04140 FAX 7039753375 SUSAN ANTHONY LIST woos/01:: This oddmdum is made and entered into this day of February 2009. by and between MDS COWUNICATIONS CORPORATION. (hereinafter referred to as and SUSAN 3. wow LIST. 1800 N. Kent Street Suite 1070. Arlington. VA 22209. a non-pro?t corporation Omemn?cr referred to as "emu. WHEREAS. MDS and are parties to a certain agreement dated February 9, 2009 for the conduct of a public awareness and education campaign {or and on behalf of CHARITY (hereinafter the "rt-rain tenement"); and WHEREAS. in order to effect teginlntian in compliance With the laws of the stores listed below and for that portion of the contract Where activities will be conducted in the states listed below an nddendmn is required. WITNESSETH FOR AND IN CONSIDERATION of the mutual covenants herein contained, the suf?ciency of Which is achrowledged by the signatures of the parties heteto. it is haeby agreed as follows; i. The 1min between MDS and CHARITY is not I percentage-based agreement and the following lmguage is provided only for purposes of complying with the contract disclosure requirements of the series set forth below. rum is to be paid a ?xed fee per hour as set forth in the main Agreement and slid compensation provisions shall be controlling. As outlined in the ruin Agreenimt. CHARITY exercises control and approval over the content and Economy of all solicitctions. Funds raised for CHARITY shall be utilized by the CHARITY in an unrestricted manner to mtther its gmernl purposes of advancing the role ofpro-life- mom in the political process. a. For the piano: es of the State ?Connecticut, the following shell opply: CHARITY shall receive a a result of the solicitation eempu'gtt. It minimum guarantee one percent of gross revenue. b. For the purposes of the Store of Georgia, only the cyeement shall be modi?ed to add the following section: CHARITY shall receive an estimted one percent of gross revenue. This shall not affect compensation provisions as listed in this Agreement. All ?nancial as stated in this Agreement shall remain in effect and unclaimed. c. For the ptn'Joses of the State of Howell, only the agrees-non! shall be modi?ed to add the following suction: It is estimated that CHARITY shall receive as a result of this solicitation campaign one percent and MDS shall receive ninety percent of all ?mds raised pmuant to this agreement. These are esn'mated pereentcges based on projected ?gures for average pledge unount whim-Mien pert-cringe and ?rl?llment percentnge. This shell not effect compensation provisions as listed on the agreement dated February 9, 2009. All financial mar 13 U3 11:393 02/12/2003 04141 FAX 70387533?!) ANTHOHV LIST wow/015 uammunrcaerons #uuracut?w mgementr as stated in the agreement dared February 9. 2009 shell remain in effect. and rmelrenged. For the propose of the States of Alaska and Illinois ally. the contract shall be modi?ed to add the following section: - The term of This agreement shall be February 9, 2009 to February 8. MDS shall be authorized by CHARITY to conduct solicitations on a nationwide basis for the purposes of the tenor ofthis agreement. MDS projects 395.500 in gross revenue to be raised from this campaign MES estinmes expenses related to the certainly: to be $31,500. This shall not effect any or?t?tre other terms including as set our in this agreement It is estimated that CHARITY shell receive one percent (We) of the gross funds raised under this agreement. The books and records of activities shall be kept at the following addresses: 545 West Juanita Avenue Mesa. AZ 85210 For the pin-poses of the State of Indiana. the ?allowing shall epply: CHARITY shall receive as a result omits solicitation campaign. one percent of gross revenue. This is on estimated percentage hose on projected ?gures for average pledge moron pmcipation percentage and tillfillrnent percentage. This shall not effect or alter mu?on provisions as listed in the main Agreement. The avmec percentage of gross earmibutions received by sponsoring organizations as a result of conducted. by MDS in the three years preceding this agreement is thirty-om parent At last every 90 days. MDS shall provide CHARITY with locals to ml use of information concerning contributors. including the home. address and telephone mother of each contributor and the date and amount ofeaeh contribution. For the proposes of the State of Kmtucky. the following shall apply: CHARITY shrill receive no I result or this solicitation empnigr one percent of gross revenue. This is an estimeted pueerrtage based on projected ?gures for average pledge amount participation pereeomge and ful?llment percentage This shall not effect emetic-n provisions or listed on the egreemenr dated Febmry 9. 2009. All ?nerrer'el mgemenls :is stated in the agreement dated 9. 2009 shall remain in effect and unchanged. For the purposes of the State of Meryland. the following shell apply: The minimize parentage of gross receipts from ?mdnising from the State of Maryland which shall be realized by the charitable amortization exclusively to edvunce its programmatic cluriteble purposes is one percent This shall not affect any of the other terms including compensation as set out in this agreement. For the purposes of the State the following shall apply: The minimnn percentage of gross receipts from ?mdnisr?ng from the State of Mess-chosen: after all expenses are paid which shell be realized by the charitable orumiutior. in one percent 11L mar 13 U3 11:343 02/12/2009 04:11 FAX 70387533'?5 SUSAN AHYHONV LIST @011/015 communicaelons All oral ptesrmm?ons to be used by MDS(and any material cheeses thereto), shell lave been reduced to a writing end shall have been reviewed and approved by CHARITY. The parties to this agreement project total expenses in the amount of 331.500 and total revenue in the amount of 595.500. MDS shall submit reports to CHARITY on a regular basis showing: actual expenses and revenues for the solicitation campaign. For the purposes of the State of New ?white. the following shall apply: shall receive as a result of this solicitation cunpcign one percent of gross revetme. This is on estitrmed percentage based on projected ?gures for average pledge mount pl?idpllimt weaning: and percentage. While every project veries in results and yield, this minuption is based on industry standards. This shall not a??eet compensation provisions as listed in the main agreement. All ?nancial arrangements as stated in the min agreement shall remain in effect and meltanged. 'Dte dental percentage going to client shall not be less than the estimated percentage no?nus ten percent ofthe gross revenue. The tame and tritium of eleh person pledging to contribute. together with the date and meant of the pledge. shall be the sole occlusive property of CHARITY with no rights to transfer. sell. rent, or otherwise some same to he need except by CHARITY. For the purposes of the State of New York only. the contract shall be modi?ed to add the following section: Contract will commence on February 9. 2009 within the State of New York. Contract will terminate on February 8. 20?) Within the State of New York. Watts; cancel this comma It is understood by both parties that the charitable orgertintion has the right under New York State law to cancel this connect and that the charitable org?criimion does not have to give any reason for the cancellation. By M. the parties to this contract cannot waive or modify this right by any pro-existing tgreernem or by any subsequent agreement bcMeen the ponies. Therefore. the charitable orgminticm may cancel t'aiit: concoct without cost, penalty or liability if the charitable organization noti?es the professional ?tndmim in writing as provided below. WEWMM If the professional Mid-raiser is registered with the New York Of?ce of Charities Registration. the clutiteble orgminn?on my met this contract my time up to and including the ?lleenth day after this contract was ?led by the professional fundraiser with the New York State Of?ce of Charities Regimdon. If. however. the professional fundraiser is not registered with the New York State Office of Charities Registration at the time this contract is started. the charitable organization may cancel at my time tiller it is signed. Wow The charitable orgmimion my camel this cone-set by giving the professions] fundraitet written notice of cancellation. This notice can he in the form of a letter indicating that the charitable organization does not intend to be bound by the eonmiet. The de?cit of cancelletioo my be hand-delivered or mulled to the professional hmdm'ser. if mailed, it must be sent to the following address: 545 West Juanita Avenue Mean, AZ 85110 P. id mar 13 U5 "tr-chvvu rc- HUS uommuntcantons QUUVDEULQQ (0387533T5 SUSAN LIST @012/015 The charitable organization must mail a duplicate copy of the written notice of cmcellation to the Office of the Altomey Canal at the address listed below: Charities Bureau Of?ce of the Attorney General The Capitol Albany, NY 12224 For the pmpoacs ofthe State of North Carolina. the follovn?ns shall apply: CHARITY shall receive a minimum of one percent of goes receipts. This shall not affect compensation provisions as listed in this Agreement. All ?nancial moments as stated in this Agreement shall rennin in effect and unchanged. CHARITY agrees that MDS shall be compensated pursunnt to the terms of the agreermnt which is estimated to be 31% of gross revenue. This eslirmted permtage based on projected ?gures for average pledge amount participation percentage and percentage. While every project varies in senile; yield. this assumption is based on industry standattls. This shall not affect compensation provisions as listed in the main agreement. All ?nancial amt-laments as stated in the 11min try-cement shall remain in effect and unchanged. For the purposes of the State of Ohio. the following shall apply: CHARITY shall receive as a result of this solicitation campaign. zero percent of gross revenue. 'ntis is an estimated pepentage bued on projected ?gures for average pledge mount. participation powering: and petcentnge. While every project varies in results and yield. this assumption is based on industry standards. This atoll not attract compensation provisions as listed in the agreenwnt dated February 9. 2009. All ?nancial mangements as stated in the agreement dated Febmary 9, 2009, shall remain in effect and unchanged. CHARITY is guaranlwd to receive a peroertupc of the neural gross immune that is not less than ninety percent of the amount of the reasonable estinme of that percentage. For the purposes of the State of Oregon. the follow-ring shall apply: CHARITY shall receive as a result. of this solicitation campaign. a minimum gummtee of one percent of gross fluids solicited. All ?nancial arrangements as stated in the agreement dated February 9, 2009 shall retrain in effect and unchanged. MDS projects 505,500 in gross revenue to be raised from this cunpaign. MOS es?nmes expenses related to the campaign to be 531.500. This shall not affect arty of the other terms including compensation as set out in this agreement. For one purposes the State ol? the followhtg shall apply: WM. CHARITY shall receive as a result of this solicitation campaign. a minimum guarantee of one percent of gross revenue. This shall not a??ect camocnsation ptotisions as listed in the main agree-none All ?nancial memento as stated in the main agreement shall rtmin in effect and unchanged. WEI-91W. CHARITY agrees that MDS shall be compensated pursuant to the term of the agreement which is estimated to be 70% of goes revenue. This estirtIated pet-cenetlge is based on projected ?gures for average pledge amount participation percentage and percentage. While every project varies in results and yield. this Po 1 nar U3 U1.JJP HUD Lammunlcanluns 02/12/2003 0412 FAX 7038153375 SUSAN MHHONV LIST mute/urn assumption is based on industry standards. This shall not a?'eet compensation provisions as listed in the main agreement. All ?nancial arrangements as stated in the main agreement shall remain in effect and unchanged. Solicitation activity is to conunenee on February 9. 2009 within the Comtenmalrh of or ten (10) days alter the solicitation notice is received by the Department of State. Bureau of Charitable Organizations and/or is approved by the Department oi State Bureau of Charitable Solicitations. Solicitation activity and the contract will rennin-re February 8. 2010 within the Commonwealth of 0. For the purposes of the State of South Carolina, the following shall apply: CHARITY shall receive one pancent of collected revenues under this Agreemenr. This shall not affect compensation provisions as listed in the main ayeemenr. All ?nancial arrangements or stated in the main agreement shall remain in effect and unchanged. p. For the purposes of the State of Utah. the following shall apply: CHARITY shall receive as a result of this solicitation campaigt one percent of gross revenue. This is an estimated percentage based on projected ?gures for average pledge amount participation percentage and percentage. While every project varies in results and yield, this is based on industry stmdu'ds. This shall not affect compensatimt provisions as listed in the main agreement. All ?nancial arrangements as stated in the rosin agreement shall remain in effect and unchanged The actual percentage going to shall not be less than the estimated percentage minus ten percent of the gross revenue. q. or the purposes of the State of Vermont, the following shall apply: CHARITY shall receive as a result of this solicitation campaign. zero patent ofgross revenue. This is an cstinnted percentage based on projected ?gures for average pledge uncunL pmicipation percentage and ful?llment percentage. While every project writes in results and yield, this is based on industry standards. This shall not affect compensation provisions as listed in the agreement dated February 9. 2009. All ?nancial arrangements as stated in the agreement dated February 9. 2009, shall remain in effect and unchanged. Chapter 63 of Title 9 of the Vermont Statutes Annotated requires a paid to provide the fundraisers charitable sponsor. within sixty (60) days after the end of a solicitation campaign. With a statement setting out the name and address of each contributor and the amount ofthe contribution; the amount ofthe goss receipts; and an itemized list of all commissions, and other com insured in the campaign The law also gives charities other rights, including the right to correct this contract or to recover damages, or bath, in certain circumstances. Contact the Vermont Attorney General for further mar 13 3 11.368 ?Uh bommunlcatrons 0211212009 04'42 FAX 7038?53375 SUSAN LIST mum/urn r. For the proposes of the State of Wisconsin, the following shall apply: CHARITY shall receive as a result of this solicitation cmeign one of yous revenue. This is In estimated percentage based on pojeeted figures for average pledge mount participation percentage and ful?llment percentage. While every project varies in results and yield, th-s assumption is based on industry standards. This shall not effect communion provisions as listed in the main agreement. All ?nancial arrangements as stated in the ruin Igeemem shall rennin in effect and unchanged. The acute! percentage going to CHARITY shalt not be less then the estimated percentage ten percent at? the gross revenue. 2. In all other respects not speci?edly modi?ed herein the existing agreement dated February 9, 2009 shall min in full force and effect. A copy of said agreement is attached hereto and incorporated herein by this reference. Further, this agreement may not be modi?ed. changed or terminated in whole or in part, in my except by an agreement duly signed by CHARITY and MDS. WHEREFORE. the parties hereto heve executed this addendum on the day and year ?rst above written. 115?" U3 11' .1333 HUD Lommunztcanlons Ul'f'l? 021'1212008 04.42 FAX 7038753375 SUSAN LIST AGREED AND ACCEPTED. MDS 0N5 CORPORATION ,xmz Maxw? primcd name and tine Dated:__ 3/9/07 SU AN B. A HONY LIST ignntur Emu, MW. 5mm 2? My ?nmd name 352 13an mm: and title Dated: 91/??49? EXHIBIT File Number: 1201221900032 Date Filed: 10/19/2012 10:22:09 AM Effective: Elaine F. Marshall NC Secretary of State SOLICITOR CONTRACT CHECKLIST Contracts between a solicitor and a charitable organization/sponsor must be ?led with CSL AT LEAST FIVE DAYS PRIOR TO COMMENCING A SOLICI TA TION CAMPAIGN. Complete this checklist with the PAGE on which the following required information is located If the information is in an Addendum, indicate the page number(s) and the word ?Addendum? with date as needed Contract requirements for solicitors are found atN. C. Gen. Stat. Name of Solicitor Con?uent impact Communications, LLC Name of Charitable/Sponsor Organization Susan B. Anthony List, Inc. PAGE OF ITEM Page ??dendum 1. Statement of the charitable/sponsor purpose and program for which the solicitation campaign is being conducted. Page 1?2 agreement 2. Statement of the respective obligations of the solicitor and the charitable organization or sponsor. Page 1: adden?um 3. Statement of guaranteed minimum percentage of gross receipts from contributions to be remitted to charitable organization or sponsor. If solicitation involves sale of goods, services, or tickets to a fundraising event, state the percentage of the purchase price to be remitted to the charitable organization or sponsor. Any stated percentage shall exclude any amount charitable organization or sponsor shall pay as fundraising costs. Page 1? addendum 4. Statement of percentage of gross revenue for which solicitor shall be compensated. If compensation is not contingent upon number of contributions or amount of revenue received, then compensation shall be expressed as a reasonable estimate of percentage of gross revenue, and the contract shall cicarly disclose the assumptions upon which the estimate is based. Stated assumptions shall be based upon all relevant facts known to solicitor regarding the solicitation to be conducted. Page 2 agreement 5. Effective and termination dates of the contracts Page 3 agreemen? 6. Signatures of two authorized of?cials of the charitable organization or sponsor, one of whom is a member of the governing body and one of whom is the authorized contracting of?cer for the solicitor. CONTINUED ON THE BACK OF THIS PAGE .. . 4 "mm?..wlw L201221900032 CSL Received Date: 08/06/2012 Wm For purposes of the relevant section of the Annual Report required pursuant to N. C. Gen. Stat. solicitors will also answer at least one of the following percentage inquiries related to the contract. NOTE THAT THE INQUIRY ANSWERED MUST BE THE ONE THAT PROVIDES THE LOWEST PERCENTAGE. Solicitors may choose to fill in the entire list of percentages, understanding that the lowest percentage, as required by the Charitable Solicitation Act, will be in the Annual Report issued by the Secretary of State. I Fixed percentage of the gross revenue that the charitable organization or sponsor will receive as a bene?t from the solicitation campaign 1 Reasonable estimate of the percentage of the gross revenue that the charitable organization or sponsor will receive as a bene?t from the solicitation campaign Guaranteed minimum percentage of the gross revenue that the charitable solicitation or sponsor will receive as a bene?t from the solicitation campaign as provided in the contract between the solicitor and the charitable organization or sponsor Attach this completed checklist to a copy of the contract and submit both the checklist and the contract, together with the Solicitation Campaign Notice required by N. C. Gen. Stat. to CSL at least five days prior to commencing a solicitation campaign. Questions? Contact CSL at 1-888-830~4989 (North Carolina residents only) or at 91 9-80 7-2214. Mm L201221900032 CSL Received Date: 08/06/2012 "If Agreement to Provide Telemarketing Sendces This is an Agreement, eftective May 16, 2012 to provide Fmdraislng Services, bean Con?uent imp-act Communications, Delaware limited liability company (hereinafter referred to as located at 1033 North Fairfax Street, Suite 400, Alexandria, VA 223143nd Susan B. Anthony List, a non-pro?t corporation (hereinafter referred to as Organization") loomed at 1707 l. Street, NW, Suite 550, Washington, DC 20036 ??mlcesz 3. Organization retains on an exclusive basis to conduct a residential appeal to disseminate one or more calls to action, seek support and to supply information to interested individuals in and throughout the United States. The opportunity to speak to residentsto educate and advocate is a material element of this Agreement. The initial contact shall be made by telephone with ful?llment by mail. All calls will be made by quali?ed and supervised personnel. b. prepare and mail personalized-t?ful?llment letters? no more than 1 business day after each pledge is made. will also send up to two additional notices as required to collect unful?lled pledges. The text of all ful?llment letters must be approved in advance c. To facilitate the preparation of ful?llment reminder notices. Organization will provide with a ?paids? ?le weekly. This ?le will include information pertaining to those persons who ful?lled their pledge on any CIC telemarketing program. d. will provide Organization with daily call summary reports while phoning is being conducted. Confidentiality a. and the Organization agree that any and all information originally obtained from the Organization shall be kept strictly confidential, except to the extent such information is available to the general public as required by law or by governmental or Court order, or as deemed necessary by to properly perform the services contracted for hereunder. b. shall not transfer any lists or information received from the Organization to anyone parties. After completion of the Program, CIC shall return or destroy any telephone lists provided by the Organization upon written request from the Organization. Commnsa?on: or. Organization agrees to pay $2.35 per completed call for any lapsed donors or prospecting. This cost include the cost of all letterhead, envelopes and postage required for sending up to three ful?llment mailings per donor, as required. b. A completed (all means a connection and answer on moreceiving end of the call by an adult in a household named on the list provided by theOrganizatlon. This term speci?cally excludes calls to households not named on the list, sails ?nalized by persons under eighteen years of age, calls to a deceased person, a no answer, busy signal, and/or calls to a disconnected or wrong number. Organization reserves the right to request reasonable documentation that a call is competed prior to paying an invoice. .3 .- M- o. L201221900032 CSL Received Date: 08/06/2012 c. shall submit invoices to Organization each Monday for all calls completed (as that term is described immediately above) during the previous week. Organization shall pay all amounts owed and undisputed within thirty (30) days ofOrganization?s receipt of the invoice. . d. CIC expressly guarantees that this program will ?break-even? ?nancially. Speci?cally, expressly agrees and aclmowledges that Organization?s total obligation hereunder to cm for each project shall in no event exceed the amount of gross donations received by Organization from donors as a direct result of the telemarketing efforts ofClC. For the purposes of this Agreement, ?gross donations received? (as that term is used in the preceding sentence) shall mean actual donations tendered to and accepted by Organization, and shall not be deemed to include amounts pledged by donors but not received or accepted by Organization This break-even guarantee expressly excludes any list rental or phone ?match costs. e. The breakeven guarantee described above will be nulli?ed, and all calls must be paid in full, if ?palds? ?les are not received regularly and a report showing total amount received (at least weekly) are not provided on a weekly basis while the program is active. For purposes of this Agreement, a program is considered active between ?rst day of calling and 60 days after calling is completed. 9. In addition to any other lennination rights omerwise set forth herein, Oil) and Organization each individually reserve the right to terminate this Agreement based on the following con?rms: i. may choose to tenninate?this agreement in its entiretywith or without cause with ?lo-days written notice to the other party. Any programs considered active (up to 60 days after the last hmdraising call was made) will not terminate until the 60 day window is completed or all ful?llment and contributions have been collected or othemise received as a result of the calling activity, whichever is shorter. After any termination of this Agreement, will continue sending reminder mail to all unfulfilled donations and assist with the collection of donations. Organization be obligated to comply with the Compensation terms of this Agreement for active programs. ii. Organization may choose to terminate this agreement in its entirely by providing 4- monlh advance written notice to OK: of its intention to so laminate the Agreement Any programs considered active (up to 60 days after the last fundraising call was made) will not terminate until the 60 day window is completed or all ful?llment and contributions have been collected or otherwise received as a result of the calling activity, whicheveris shorter. Alter any termination of this Agreement, will continue sending reminder mail to all unful?lled donations and assist with the collection of donations. In the case of any early termination by Organization, Organization agrees to forfeit any annual gross revenue guarantees which would otherwise be due and to pay tees and invoices in full on all gross monies received ?subject to the break-even guarantees outlined above. h. agrees to comply with all local state and federal regulations relating to their activities and not to take any action which violates any law or regulation that controls telemarketing or solicitation of funds for political purposes. CIC shall indemnify and hold Organization harmless for any and all costs, including but not limited to, reasonable attorney or legal fees, ?nes and penalties that may be imposed by any entity on Organization as a result of any action taken by Chi) under this Agreement loom The term Agreement shall be for a period of one (1) year, commencing on May 16, 2012 and terminatingon May 15, 2013. This Agreement may be automatically extended for additional one (1) year terms under the some terms and conditions. except as may be modi?ed by any written extension agreement. L201221900032 CSL Received Date: 08/06/2012 Pregng?gm Mgteriata Aft mteriate presented to the-pubtio. etthertnF?ttnt or era tty, wilt either be provided by Organization or appzoved in advance of usage. Alt 'e?Watmm wit! be devoted to the pubtio image of Organtzation and, when appropriate, 3 request for public support. It is the opportunityto distribute Information and editcationat materials, together with the appeal for pubttc support that satires as a material inducement for Organization to enter into this Agreement. th further agreesto use its sk?t and expertise tn harping to produce material. subjectto the approval of Organization, which focuses on the name?and reputation of Organization. The creative fee shat] be a component of the total fee set forth herein. Organiza?ogfsapprovat of written and oral presentations color to use constitutes an asswance that contained same is true and correct Organization agrees to provide 610 with ttme?t's?ttottoe any representations made prove not to'be true, accurate or appropriate. Violation of this Clo to terminate this Agreement upon notice. Comgtlano'e State Laws: Attad'xed hereto marked ContreotAddendum and made a part hereof is an addendum containing those provisions as requtred by state law. EN WHEREOF, the parties have egrecuted this Agreement as of the day, month and year ?rst above written. . Con?dent Impact LLC Dated: 5?59? Susan B. Anthony List {th mji: r. ff CONTRACT ADDENDUM to to Provide Telemarketing services .. 3 . ?con?de! This addendum is made and entered irrip?tiris 24th day of May, 2012, by and between Con?uent impact Communiceiions. LLC. a Delaware limited company (hereinafter referred to as located a! 1033 N. Fairfax Street, Suite 480, Aiexandria, VA 22314 and Susan 8. Anthony List a non- prc?i corporaiion (hereinafter referred to as iocated ai 1707 Street, NW, Suite 550, Washigrgton, DC 26636. WHEREAS, and are {retiree to a certain agreement dated May 16. 2812, for theeonducfoi' a public awareness and educeiion campaign for and on behaii of and 344;, WHEREAS. in order to p?eci registraiion in cornpiience with the laws of the various states and for met?portion of the where aciivi?es be conducted In pariiwiaziy enmereied slates an adden?ou?m is required? - ?up - FOR AND CONSIDERATION of the mutual covenants herein contained. the suf?ciency of which is by the signatwes oi ihe parties hereto, ii is hereby agreed as foiiows: The main Agreement between and QRGANIZAHON is not a percentage-Dam agreement and the 10ng language is provided oniy for pumses of with the centres: c?sciosu?re requirements of the states set forih beiow. is to be paid a fixed fee per hour as set forth in the main Agreemeni and said compensation provisions shaii be As oui?ned in the main iligreenjerri1 ORGANEZATION exercises control and approval ever the content and frequency of solicitations: Funds raised shaii support the Susan B. Anthony List. a. For purpmes of providmg language to compiy wiih the laws of the various states requiring a minimum percentage disciosure. the main Agreerneni shaii be modi?ed to add ihe following section: shall receive a iirinimum of 1 perceni or gross revenue. b. For purposes of the providing ianguage to compiy with the laws of the various states "requiring an estimated percentage disclosure, the min Agreement shaii be modi?ed to add the foiiowing section: This contract is not a percentage based centred. However. it is estimated that shaii receive 1 perceni of gross revenue. This is an estimated percentage based upon the esiimaied number of contacts. average pledge fui?iimsnt and experience of similar campaigns. Ali ?nancial arrangements as stated in the main Agreemeni shaii remain in effect and unchanged. For purposes of the state of Ohio, is guaranteed a percentage of the gross revenue which is not iems than nineiy percent or'the estimated percentage. For the purpose of the state of Wisconsin. is guaranteed a percentage of the gross revenue which is no less than the reasonebie estimaie less tperceni of the gross revenue. . c. For purposes of providing ianpuage to ccmpiy with the laws of the various states requiring a ?xed or guaranteed perce?iage c?sciosure andlor a percentage which sheii be received by the main Agreement shaii be modi?ed to add the ioiicwirrg section: shaii receive as a resuii of this solicitation campaign '1 percent and CIQ shaii receive 99 percent of ail funds raised. The amount going to 036 is an estimated percentage based upon previous experience of simiiar campaigns liPage L201221900032 CSL Received Date: 08/06/2012 conducted by CFC. This shat! not affect or otter compensation provisions as provided to the main Agreement. . .ma?km? d. For proposes of the state of California only, the contract shalt be modi?ed to add the tc?ovnng sections: Soticttatrort activity ts to commence on mam; within the State of Cattfomia or ten (1 O) workmg days after receipt of the Agra ment by the Niamey Generat. Each contribution tn the 1:0th or custody of CIC shalt. within ?ve (5) working days of receipt. . be deposited in an account at a bank or other federatty insured ?nancial mar is sotely In the name of ORGANIZATION and over which ORGANIZATION has sate controt -. ofwithdrewete. .. ORGANIZATION has the to mace! this Agreement without cost, pena?y, or 9.5, for a pertod of ten (10) days tottowtng the date on which the contract is execumd. ORGMIZATION may-exercise right by serving a written notice of cencettatton on he by wtt?ed mail. return receipt requested, and cmoejtett net'jelttbe deemed e?ecttve upon the exptratton of ?ve (5) wonder days from - the deterrent-airmen)! funds collected after effective notice or cancettattcn shalt be deemed to beheld to trust for the bene?t of GRGANIZATION deduction for costs or expenses of any nature, and ORGANIZATJON shat! be entitled to recover at! funds cottected after the date of cancellation. Fottowing the foregoing tni?at ten (10) day mnceltetton period. may tenntnate this Agreement by giving thirty (30) days? written notice. Said notice must be provided by mam-return receipt requeeted, and shot! be deem-ed effective upon the exptretton of ?ve catendar days from the date of mailing. In the event of terminadon under this subsection. ORGANIZATION shat] be ttatate for services provtded by CK) up to thirty (39) days after the effective service of the notice. In addition. the initIaI ten (10) day cance?ation period, may termtnete this Agreement at any time upon written notice. without payment or compensation of any to CIC, It OK: or its agents, emptoyees, or representatives make(s) any material mtsrepresente?one tn the course of or with respect to are found by have been of a crime arising from the conduct of .a sotrettatton tare charttabte-orgentzation or purpose puntshehte as a misdemeanor or a fetony; or otherwise conduct fundratsing In a manner the! causes or could cause public dIsperegement of good name orgood wItI. e. For pwposes or the states of Ataska. tlt?mots, Massachusetts and Oregon onty. the contract shall be modi?ed to add the totlowtng section: CIC snail be authorized by ORGANEATEON to conduct solicitations on a nationwide bests during the term'ot this agreement. CIC projects ?90.00!) in gross revenue to be raised from this campaign. CIC estimates expenses rotated to the campaign to be The estimated ?gures are based upon expertance of eImII-ar .campagns conducted by 010. This shat! not affect any at the other terms tnctudlng compensatton as set out in the meta Agreement. The books and records of tundraislng activities shat! be kept at the address of CIC as provtded in the main Agreement TF1 f. For purposes of the State of Arkansas onty. the tottowtng shat! appty: The cameo a'nd addressesof alt persons matting to ORGANIZATION and the amounts thereof shalt be delivered ?to ORGANIZATION at the request of and at any reesonabte time. - 'r 9. For purposes of the State or Connecticut onty. the tottowtng shat] apply: Notwithstanding other compensation provisions In the agmernent. ORGANIZATION shall receive as a resutt "of this so?caatton campaign, a minimum guarantee of percent of gross revenuezlPag? Mats L201221900032 CSL Received Date: 08/06/2012 .. For purposes of the State of Hewett only. the Morning shall appty sauces ml! commence meme-re soocrraoon rn Haw-arr of contributions for a chantable organtzatlon on For purposes of the State of lndlana only, the followers; shall apply. The aVerege percentage of gross contribudons recelved by sponsoring organizations as a result of campaigns conducted by me in the three years preceding title agreement ls percent At least every 80 days. QIC shall provlde ORGANIZAHON with ems to and tree or information contributors, the name. address and telephone rumba? rat-each contributor and?tl?re date and amount of each contribution. For the purposes or the seen of meme, the followlng shall apply: isrto?comrneme on g? m; 101': withlo the State of days after the contract is received by the Of?ce of the ?a Ail oral and written presentatlons to be used by Clo (and any material changes thereto), shall have been reduced to a writing and shall have been reviewed and approved by client. Solb?zatlon activity and the contract will terminate on May 15* 2013 withln the State of Mississippi. For lite purposes of the States of Oregon and New the following shall apply: The name and address of each person to contribute, together with the date and amount of the pledge, shall be the solo excluslVe property of with no rights to transfer, sell, rent or othenvlse cause some to be used except by ORGANIZATION.- I . For the purposes of the State of South Carolina only, the following shall apply. Any ilst?provtcted by the charltabte organization of the names. postal addresses. teteptrone numbers, email addresses, and the dates and amounts of each donatton. at each contributor to a so?cttation campaign organized pursuant to stapler 56 is the property of 01:: shall m?trrlain this list through-out the dmatlon of the campaign until the list to transferred to the charitable organization as required by chapter 56 and will not meow the ?st from the drarttable organization. restrict any use of the llet by the charitable organtza?on. twister possession or control of the tlst, permit the use of the by any person not so authorized by the drarttabte organtzatlon, or use the list for the bene?t 01 any person ORGANIZATION, without the written consent of ORGANIZATION. For purposes of the state of New York only, the contract shall be modi?ed to add the fotlowlng section: Contract will commence on ?Tune u? a wither the state of New York. The contract termlnate on may 13, 2013 within the state or New York. to 3% contract It Is understood by both parties that the charitable organlzaiion has the right under New York State law to camel this contract and that the charitable organizatloortoos not have to give any reason for the cancellation By law, the parties to this contract mono: walve or modify this right by any pro-existing agreement or by any subsequent agreement between the parties. Therefore, the charitable organization may cancel contract without cost. penalty or liability tr the charitable organtza?on noti?es AGENCY to wrtting as provided below. alrEEe' L201221900032 CSL Received Date: 08/06/2012 Pertod under Mulch gutted may begcamaled, lf AGENCY ls registered with the New York State Of?ce of the Attorney; general Charities mean the charitable organizatton may camelmls upto and day afterthle contract was ?led by AGENCY w?h the New York State Of?ce of the Attorney General, Charities Bureau. ll, however, the AGENCY is not registered with the New York State Of?ce of the Attorney General, Charities Steam: at the time this signed, the charitable organization may glance! at any time after it is slgnod. Erocedw'g for naming this malted The organization may cancel "this contract AGENCY notice of mediation. notice man be in the form of a letter Meeting that the charitable organization does not intend to be bound by the cornea. The notice of cancellation mev'be handoei'rvared or melted to: AGENCY. ll mated. tt must he sent to the following address: 513 NW ta? Avenue, Portland, on 9720a 1116,; Ectl'arltebtegortgantza?on must mail a copy of the written notice of charities Bureau 0 ?r 5.. :Oftz?oe of the Attomey General at the address listed below: x, Of?ce of the Attorney General The Cepltol - Albany, NY 12224 When Canoellatlgg e?eg?ve lf the notice of cancellatlon ls hand-delivered, the wncetla?on is effective as soon as it is delivered to AGENCY. It the notice of wnoetlation is melted. the cancellation is effective as soon as the notlne is depostlecl, property addressedond pomege prepaid, in a matlboic. For the purposes of the State of the following shall apply: gmmruee?to Guam. shall reoelve as a result of this campaign. a guarantee. of 1 percent of gross revenue. shall not effect or alter compensation provisions as llsted In the matn Agreement. to Profes onel ORGANIZATION agrees that BIG and! be compensated pussuant to the terms of the agreement whim ts estimated to be 99% of gross revenue. This es?mated percentage is based on projeded ?gures for average pledge amount parttotpatlon percentage and ful?llment percentage. While every protect varies ln results and yield, this emotion is basett on industry standards. This shalt not affect or otter mmponsatlon provlstorrs as ilsted in the mat: Agreement. Solicitation activity is to commen?oe on Jun. 20 Commonwealth of or ten worth-lg days after the Nottoe is received by the Department of State, Bureau of Charltable Organizations andior is approved by the Departinent of State Bureau of Charitable Sollolte?on activity and the contract will termlnate on May 15, 2013 wti?tn the Commonwealth of Penn?ytvante, unless otherwise extended pursuant to the tonne of the - matn agreement. . for the purposes at the State of South Carolina only, the following shall apply: Any provided by of the names,.postal addresses, telephone numbers, email addresses, and the dates and amounts of each donation, of each contributor to a campaign organized pursuant to chapter 56 ts the property of - CIC shall malntain tilts list throughout the duration of the sotioitatlon campaign unt? the fast is wansferred to ORGANIZATION as required by chapter 56 and will not the list from any use of the list by olpage I pm" . L201221900032 CSL Received Date: 08/06/2012 the accuracy and 01mm? of made_ therein as they relate to and its shalt have: an among outga?on to infonn of any changes In its Mich may otherwise make appeals for pub?c support inaccurate or misteadlng. . Fume: {his agreement may not be modi?ed, changed manner except by?an agreement duiy signed by ORGANIZATION and sac. WEREFORL ihe pai?es imam have executed this addendum ?bane-r; Susan Anthony List tn whole am part, in any_ day and year ?ts! aware Cement unpact Communications, LLC By: 30W me; Dated: 5 I2. TtlIe: mm Dattd: 531312- glPage EXHIBIT File Number: L201707900069 Date Filed: 3/22/2017 2:25:39 PM Elaine F. Marshall NC Secretary of State NC DEPARTMENT OF THE SECRETARY OF STATE SOLICITOR CONTRACT CHECKLIST Contracts between a solicitor and a charitable organization/sponsor must be ?led with CSL AT LEAST FIVE DA YS PRIOR TO COMMENCING A SOLICITATION CAMPAIGN. Complete this checklist with the PA GE on which the following required information is located. 17 the information is in an Addendum, indicate the page number(s) and the word "Addendum with date as needed. Contract requirements for solicitors are found at N. C. Gen. Stat. Name of Solicitor Capitol Resources, Inc. Name of Charitable/Sponsor 3- Anthony ?St! PAGE OF ITEM 9 Statement of the charitable/sponsor purpose and program for which the solicitation campaign is being conducted. Statement of the respective obligations of the solicitor and the charitable organization or sponsor. Statement of guaranteed minimum percentage of gross receipts from contributions to be remitted to charitable organization or sponsor. If solicitation involves sale of goods, services, or tickets to a fundraising event, state the percentage of the purchase price to be remitted to the charitable organization or sponsor. Any stated percentage shall exclude any amount charitable organization or sponsor shall pay as fundraising costs. Statement of percentage of gross revenue for which solicitor shall be compensated. If compensation is not contingent upon number of contributions or amount of revenue received, then compensation shall be expressed as a reasonable estimate of percentage of gross revenue, and the contract shall clearly disclose the assumptions upon which the estimate is based. Stated assumptions shall be based upon all relevant facts known to solicitor regarding the solicitations to be conducted. Effective and termination dates of the contract. Signatures of two authorized of?cials of the charitable organization or sponsor, one of whom is a member of the governing body and one of whom is the authorized contracting of?cer for the solicitor. CONTINUED ON THE BACK OF THIS PAGE POST OFFICE BOX 29622, NC 27626-0622 PHONE: 919.807.2214 - FAX: 919.807.2220 For purposes of the relevant section of the Annual Report required pursuant to N. C. Gen. Stat. 131F- solicitors will also answer at least one of the following percentage inquiries related to the contract. NOTE THAT THE INQUIRY ANSWERED MUST BE THE ONE THATPROVIDES THE LOWEST PERCENTAGE. Solicitors may choose to ?ll in the entire list of percentages, understanding that the lowest percentage, as required by the Charitable Solicitations Act, will be in the Ann aal Report issued by the Secretary of State. Fixed percentage of the gross revenue that the charitable organization or sponsor will receive as a bene?t from the solicitation campaign i 2 WW Reasonable estimate of the percentage of the gross revenue that the charitable organization or Sponsor will receive as a bene?t from the solicitation campaign Guaranteed minimum percentage of the gross revenue that the charitable solicitation or sponsor will receive as a bene?t from the solicitation campaign as provided in the contract between the solicitor and the charitable organization or sponsor Attach this completed checklist to a copy of the contract and submit both the checklist and the contract, together with the Solicitation Campaign Notice required by N. C. Gen. Stat. 131F-1 6m, to CSL at least five days prior to commencing a solicitation campaign. Questions? Contact CSL at 1-888-830-4989 (North Carolina residents only) or at 919-80 7-2214. CONTRACT SERVICES AGREEMENT This agreement is made thisS?? day ofx?Zghma?f 2017, by and between Capitol Resources, Inc., DBA Campaign Headquarters a duly auth rized Iowa corporation that provides voter contact and fundraising services, whose address for the purposes of this agreement is 109 West Front Street, PO Box 257, Brooklyn. IA 52211 and Susan Anthony List. whose address for the purposes of this agreement is Susan Anthony List, [261) New [WI/re?t; My, NW Six/'50 ?Loose . Capitol Resources, Inc. DBA Campaign Headquarters shall be referred in this agreement as Capitol Resources and Susan Anthony List shall be referred by SUSAN ANTHONY LIST. Capitol Resources shall provide services to SUSAN ANTHONY LIST, consisting primarily of, but not necessarily limited to, the acquisition of new donors for the SUSAN ANTHONY LIST through live telephone calls and fulfillment mail, and the ongoing telephone solicitation of previous donors. In consideration of the services listed above, SUSAN ANTHONY LIST shall pay to Capitol Resources the following services commencing January 1, 2017: $3.00 per live teiephone connect current donors. A live connect shall be defined as any adult in the target household answering the phone. Included in the cost per live connect are: script and ful?llment letter writing, data management, training of campaign representatives, dailytracking reports, collection and submission of credit card files, fulfillment tracking, up to three fulfillment letters (including postage) and regular consultation with Susan Anthony List. Current donors shall be defined as the list of households where a member of that household has contributed any amount to Susan Anthony List in the preceding 18 months. $3.00 per live telephone connect lapsed donors. A live connect shall be de?ned as any adult in the target household answering the phone. Included in the cost per live connect are: script and ful?llment letter writing, data management, training of campaign representatives, daily tracking reports, collection and submission of credit card files, fulfillment tracking, up to three fulfillment letters (including postage) and regular consultation with Susan Anthony List. Lapsed donors shall be defined as the list of households where a member of that household has contributed any amount to Susan Anthony List in the preceding 19 - 48 months. $2.60 per live telephone connect prospecting. A live connect shall be defined as any adult in the target household answering the phone. Included in the cost per live connect are: script and fulfillment letter writing, data management, training of campaign representatives, daily tracking reports, collection and submission of credit card files, fulfillment tracking, up to three fulfillment letters (including postage) and regular consultation with Susan Anthony List. Prospecting shall be defined as cells to any household where a member of that household has not contributed in the preceding 48 months. $44 per calling hour. A calling hour is defined by the amount of time a campaign representative is logged in to the dialing system. This includes time the representative is speaking with prospective donors, previewing donor records, typing in notes in wrap up mode, waiting for calls/idle, and no more than an average of 10 minutes per hour of not ready time. This rate is primarily but not limited to high dollar donor calls. $36 per calling hour. A calling hour is defined by the amount of time a campaign representative is logged in to the dialing system. This includes time the representative is speaking with prospective donors, previewing donor records, typing in notes in wrap up mode, waiting for calls/idle, and no more than an average of 10 minutes per hour of not ready time. This rate is primarily but not limited to manual dial calls. $0.99 per letter sent. For the purposes of this agreement, a "letter? will be defined as a fulfillment package consisting of a one page, legal size letter, color laser printed and including a response device, a #10 outer envelope, a #9 reply envelope, and postage. Letters will be sent to those agreeing to make a pledge of any dollar amount or those agreeing to send a contribution if a letter is sent to them. Letters will also be sent to those leads not reached during the 4 phone attempts, at Susan Anthony List's request. Two additional letters will be sent to unpaid pledges at regular intervals. The minimum charge per project is $250. Which pricing arrangement will be in effect will be agreed upon by Susan Anthony List and Capitol Resources prior to beginning each project. List rental costs are the responsibility of SUSAN ANTHONY LIST. TERM . This contract for services shall be for a term beginning the 1st day of January 2017 through the 31st day of December 2017. Capitol Resources will present a detailed written invoice to SUSAN ANTHONY LIST for payment of fees within 5 days of the conclusion of each work week, which runs from 12:01 am. Friday to 12:00 midnight Thursday. Payment of fees will be due within 15 days of date of invoice. . The services provided by Capitol Resources pursuant to this agreement may be terminated by either party prior to the end of the term of this contract by either party providing thirty (30) days written notice of that parties? intent to terminate the contract to the other party. Said notice shall be in writing addressed to the other party at its address set forth in this agreement. Any undisputed retainer, fees, commissions and expenses due and payable shall be paid immediately upon termination of this contract. All payments to be made pursuant to this agreement by SUSAN ANTHONY shall be made to Capitol Resources, Inc. at 109 West Front Street, PO Box 257, Brooklyn, IA 52211. ADDITIONAL CONSIDERATIONS As additional consideration for this agreement, the parties agree and stipulate as follows: 1. The SUSAN ANTHONY LIST donor list will remain the sole property of the SUSAN ANTHONY LIST. The SUSAN ANTHONY LIST donor list and prospect lists will be used by Capitol Resources only for the purposes of raising funds for SUSAN ANTHONY LIST and shall remain strictly confidential. 2. Lists provided by Capitol Resources for purposes of this agreement shall remain the sole property of Capitol Resources and may not be used by SUSAN ANTHONY LIST, its agents, employees, of?cers, or any other vendor without the express written consent of Capitol Resources. 3. Confidentiality requirements of list rental agreements will be honored by Capitol Resources and Susan Anthony List, their employees. officers, and contractors. 4. Susan Anthony List will cooperate with Capitol Resources with respect to any applicable charitable or telemarketing registration and reporting requirements, and agrees to comply with charitable solicitation or telemarketing requirements. 5. Capitol Resources reserves the right not to solicit in states where Susan Anthony List is not in compliance with applicable registration and reporting requirements. 6. Capitol Resources will provide a weekly list of pledges solicited through the above mentioned services. SUSAN ANTHONY LIST (or a caging facility which they employ) will provide a weekly report of all contributions received from individuals! businesses! households that have pledged to Capitol Resources telephone solicitation campaigns. 7. Capitol Resources at no time shall have custody or control of contributions made to SUSAN ANTHONY LIST. TIME IS OF THE ESSENCE Time is of the essence of this contract: and in case either party shall fail to perform the agreements on such parties? part to be performed, the other party, at the election of such party, may terminate the contract immediately. In the event of termination of the contract of this paragraph, all undisputed fees, commissions and expenses that have been incurred by Capitol Resources to the date of the termination shall be immediately paid by SUSAN ANTHONY LIST. LIABILITY 1. Each party to this agreement has read and understands the whole of the above contract, and states that no representation, promise, agreement not expressed in this contract has been made to induce such party the event that a disagreement arises concerning this contract, the parties agree and stipulate that this contract shall be construed under the laws of the state of Iowa and that the Poweshiek County, Iowa District Court shall be the court of jurisdiction for any action related to this contract that shall be instituted and prosecuted by either party, as the parties agree that Capitol Resources is providing the services from Poweshiek County, Iowa. Each party to this agreement waives the right to change the court of jurisdiction or venue in this matter. 3. In the event that a disagreement arises between the parties concerning this contract, and prior to the commencement of any legal action by either party, the parties agree and stipulate that mediation shall be entered into by the parties and the parties shall use the mediation procedure as a means to resolve any dispute arising out of this contract prior to litigation being commenced. The mediator shall be a qualified individual, lawyer or otherwise, that both parties agree upon to mediate the dispute. Dated this >_II\day of 2017. SUSAN A HONY LIS Capitol Besgurce'IS, IEIC. SUS ANYBONY LIST Lang, . President SUSAN ANTHONY LIST i ?my; CONTRACT ADDENDUM This addendum is made and entered into this day 0,24% 017, by and between Capitol Resources, Inc.. (hereinafter referred to as and usan Anthony List, a non-profit corporation (hereinafter referred to as REAS, PFR and CHARITY are parties to a certain agreement dated for the conduct of a public awareness and education campaign for and on behalf of and WHEREAS, in order to effect registration in compliance with the laws of the various states and for that portion of the contract where activities will be conducted in particularly enumerated states an addendum is required. WITNESSETH FOR AND IN CONSIDERATION of the mutual covenants herein contained, the sufficiency of which is acknowledged by the signatures of the parties hereto, it is hereby agreed as follows: 1. The main Agreement between PFR and CHARITY is not a percentage-based agreement and the following language is provided only for purposes of complying with the contract disclosure requirements of the states set forth below. PFR is to be paid a fixed fee per hour as set forth in the main Agreement and said compensation provisions shall be controlling. As outlined in the main Agreement, CHARITY exercises control and approval over the content and frequency of all solicitations. Funds raised shall support the Susan Anthony List's mission to pass laws that protect unborn children and their mothers from abortion. a. For purposes of providing language to comply with the laws of the various states requiring a minimum percentage disclosure, the main Agreement shall be modified to add the followrng section: CHARITY shall receive a minimum of one percent of gross revenue. b. For purposes of the providing langua to comply with the laws of the various states requiring an estimate percentage disclosure, the main Agreement shall be mo ified to add the followmg section: This contract is not a percentage based contract. However, it is estimated that CHARITY shall receive one percent of gross revenue. This is an estimated percentage based upon the esima ed number of contacts average pledge ful rllment and experience of similar campaigns. All financral arran ements as stated In the main Agreement shall remain in effect and unc anged. For purposes of the state of Ohio, CHARITY is guaranteed a percentage of the gross revenue which is not less than ninety percent of the estlma ed percentage. For the purpose of the - state of Wisconsrn, CHARITY is guaranteed a ercentage the gross revenue IS no less than the reasonable es imate less 10 percent of the gross revenue. For purposes of providing language to comply with the laws of the various states requmng a fixed or guaranteed ercentage disclosure and/or a percents which shall be received by R, the main Agreement shall be modified 0 add the followmg section: CHARITY shall receive as a result. of this solicitation campai one percent and PFR shall receive ninety nine percent of a funds raised. he amount gomg to PFR is an estimated ercenta based on prayious experience of Similar campaignsconduc ed by R. This all got affecttor alter compensation proViSions as prowded in the main greemen. For pur seas of the state of California only, the contract shall be modified to add t_ following sections: SoliCitaticn actIVit is to commence on January 1, 2017 Within the State of California or ten 10 working days. after receipt of the Agreement by the Attorney General. ach contribution in the control or custody of PFR shall, Within five (5) working days of deposited in an account at a bank or other federally insured finanCial institution that IS solely in the of ICHARITY and over which CHARITY has sole control of WI rawa s. CHARITY has the right to cancel this Agreement without cost, penalty, or liability for a period of ten ollowtng the date on which the contract IS. executed. CHA I may exerCise this right by servin a written notice of cancellation on PFR. Said notice must be provide by certified mail, return recei requested. and cancellation shall be deemed effective upon the expire ion of five calendar days from the date of mailing. Any funds collected after after: rye notice of cancellation shall be deemed to be held in trust for the benefit of CHARITY Without deduction for costs or expenses of any nature, and CHARITY shall be entitled to recover all funds collected after the date of cancellation. Following the foregofng initial ten (1Q)lday cancellation period, CHARITY may terminate this Agreement by giving thirty (30) days? written notice. Said notice must be rowded by certified malt, return receipt requested, and shall be deeme effective upon the expiration of; five (5) calendar da 3 from the date of mailing? In the event of termination under this su section, CHARITY shall be liable for serVices prowded by PFR up to thirty (30) days'after the effective sewice of the notice. In addition, followin? the initial ten (10) day cancellation period, CHARITY may termina a this Agreement at any time upon written notice, Without payment or compensation of any kind to PFR if .PFR or its agents, employees, or representatives make(s) any material misrepresentations in the course of solicitations or with respect to_ are found by CHARITY to have been convicted of a crime arismg from the conduct of a_ soliCItaticn for a charitable organization or urpose punishable as a misdemeanor or a felony; or otherwise conduc fundraismg actiwties in a manner that causes otllcould cause public disparagement of good name or good WI . For purposes of the states of Alaska, Illinois, Massachusetts and Oregon only, the contract shall be modified to add the followmg section: PFR shall be authorized by CHARITY to conduct solicitations on a nationwide basis during the term of_ this agreement. PFR proiects $250,000 in gross revenue to be raised from this campai n. estimates expenses related to the campaign to be $50.0 0. The estimated figures are based upon experience of Similar campai ns conducted by PFR. This shall not affect any of the other terms inclu ing compensation as set out in the main A reement. The books and records of fundraising activities shall be kept at he address of PFR as provrded in the main Agreement. For purposes of the State of Arkansas only, the following shall apply: The names and addresses of all persons making contributions to CHARITY and the amounts thereof shall be delivered 0 at the request of CHARITY and at any reasonable time. For purposes of the State of Connecticut only, the following shall apply: Not withstanding other compensation provisions in the agreement, CHARITY shall receive as a result of this solicitation campaign, a minimum guarantee of one percent of gross revenue. For purposes of the State of lndiana only, the following shall apply: The average percentage of gross contributions received by. sponsoring organizations as a result of camper ns conducted by PFR in the three gears precedin this agreement IS SIX four percent At least every 0 days, PF shall provrde CHA with access to and use of information concerning contributors, Including the name, address and teie hborie number of each contributor and the date and amount of each con Ion. For the purposes of the State of Mississippi, the following shalt apply: Solicitation activity is_ to commence on Janua 1, 2017 within the State of Mississr pl or ten working da a er the contract is received by the 0 ice of the Secretary of tate. All oral and written presentations to be used by PFR (and any material changes thereto), shall have been reduced to a writing and shall have been reviewed and approved by client. Solicitation activit and the contract will terminate on December 31, 2017 within the 8 ate of Mississippi. For the purposes of the States of Oregon and New Hampshire, the following shall apply: The name and address of each person pied in t0 contribute. to ether the date and amount of the pied e, 3 al be the sole exc usive property of CHARITY With no rights to ransfer, sell, rent, or otherwise cause same to be used except by CHARITY. Forlthe purposes of the State of South Carolina only, the following shall app Vi Any list provided by the charitable organization of the names, postal addresses, tele hone numbers, email addresses, and the dates and amounts of sec donation, of each contributor to a solicitation campaign organized pursuant to chapter 56 is the property of CHARITY. PFR shall maintain this list throughout the duration of he solicitation cam aign until the list IS transferred to the charitable organization as required chapter 56 and Will not withhold the list from the charitable organization, restrict any use of the list by the charitable organization, transfer possession or control of the list, permit the use of the list by any erson not so authorized the charitable or anization, or use the list fort a bene?t of any erson 0 her than CHARIT without the explicit written consent of CHAR . For pur oses of the state of New York only, the contract shall be modified to add i a following section: Contract will commence on January 1. 2017 within the state of New York. Client's ri ht to cancel this contract. It_ is understood by both arties that the charitahle organization has the tight under New ork 8 ate law to cancel this contract and that the charitable organization does not have to give any reason for the cancellation. By law, the parties to this contract cannot waive or modify this right by any pre?eXIsting agreement or by any subsequent agreement between he parties. There ore, the charitable organization may cancel this contract Without cost, penalty or liability if the charitable organization notifies AGENCY in writing as provided below. Period under which contract may be canceled. lf AGENCY is. registered ttorney General Charities Bureau the charitable organization may cancel this contractiat any time to and including the fifteenth day after this contract was filed CY with the New York State Offtce of the Attorney General, Charities Bureau. if, however, the AGENCY is not registered with the New York State Office of the Attorney General, Charities ureau at the time this contract is signed, the charitable organization may cancel at any time after it is Signed. Procedure for canceling this contract The charitable organization may canoe IS contrac giVing written notice of cancellation: This notice can be in the form of a letter indicating that the charitable organization does not intend to be bound by the contract. The notice of cancellation may be hand-delivered or mailed to AGENCY. If mailed, it must be sent to he following address: PO Box 257, Brooklyn, IA 52211. The charitable organization must mail a duplicate copy of the written cancellation to the Office of the Attorney General at the address is eow: Charities Bureau Office of the Attorney General The Capitol Albany, NY 12224 When Cancellation is effective if the notice of cancellation 'is hand? eivere cance each is effective as soon as it is delivered to AGENCY. If the notice of cancellation is mailed, the canceltation is effective as soon as the notice is depoSIted, properly addressed and postage pie-paid, in a mailbox. For the purposes of the State of the following shall apply: Guarantee to Client. CHARITY shall receive as a result of this solicitation campaign, a minimum uarantee of one percent of gross revenue. This shall no effect or alter compensation provisions as listed in the main Agreement. Percenta to Professional Solicitor. agrees that PFR shall be compensated ursuant to the terms of the agreement whichts estimated to be 99% 0 gross revenue. This estimated .erce'ntage is based on projected figures for average pledge amount pa loipatiori percentage and fulfillment percentage. While every pro'ect variee in results and yield, this assumption is based on industry stan ards. This shall not affect or alter compensation prOViSIons as listed in the main Agreement. Solicitation activit is to commence on January 1, 2017 within the Commonwealth 0 or ten working days after the Notice is received by the Department of Sate, Bureau of Charitable Organizations andtor is approved by the Department of State Bureau of Charitable Solic?ations. Solicitation activity and the contract will terminate on December 31, 2017 within the Commonwealth of unless othervvise extended pursuant to the terms of the main agreement. . Forlthe purposes of the State of South Carolina only, the following shall app y: Any list provided by CHARITY of the namescnostal addresses telephone numbers, email addresses, and the dates an . of each contributor to a soliCitation campai organized pursuant to chapter 56 is the property of CHARITY. shall maintain this list throu hout the duration of the_ solimtation camgaign until the list is trans erred to CHARITY as tequired by cha ter_ 5 and will not withhold the list from CHARITY, restrict any use of list by CHARITY, transfer possession or control of the list, permit the use of the ?st by any person not so authorized CHARITY, or use the l_ist for the benefit of anyrnerson other than CHARIT without the explicit written consent of CHAR . For the purposes of the State of Tennessee the following shall apply: PFR shall not receive donations on behalf of CHARITY, does not have access to the funds raised and does not make deposits to and does not gave signatitre authority With, or any other authority over, CHARITY's an accoun s. Forthe purposes of the State of Vermont the following shall apply: Chapter 6310f Title 9 of the Vermont Statutes Annotated requires a paid fundraiser to titrovide the fundraisers charitable sponsor, within Sixty (60solicnation campaign, with a statement setin out the name and address of each contributor and.the amoun 'of the contribution; the amount of the gross receipts; and an itemized list of all ex enses, commissions, and other costs incurred in the cam aign. he_law also ives charities other rights, including the right 0 cancel this contrac or to recover damages, or both, in certain Circumstances. Contact the Vermont Attorney General for further information. PFR shall not restrict in any way the use by CHARITY of the list of donors to the campaign. r. For purposes of the state of Oregon only the Agreement shall be amended as follows: Effective immediately its term shall commence on January 1, 2017 and terminate on Decem er 31 2017 with the ability to further extend the term upon agreement of the parties. amounts of eac donation, s. For the purposes of the State of Florida only: PFR will not at any time have custody of contributions generated in the state of Florida. 2. In all oth?er?sf sects not specifically modi?ed herein the existing agreement dated 5 dl ,shail remain in full force and effect. A copy of said agreement Is attached hereto and incorporated herein by this reference. Further this agreement may not be modified, changed or terminated' In whole or in part in any manner except by an agreement duly signed by CHARITY and PFR. WHEREFORE, the parties hereto have executed this addendum on the day and year first above written. AGREED AND ACCEPTED. Dated this Shay of .2017. Susa A ony List Capgt tol Rebodrces?nc Tit! Wit I?i/ 0\l PM 0278 if a} Sus Arith?ony List Nicole Schlinger Lang, President By: Title: @m?n?w VP Susan Anthony List EXHIBIT North Carolina Solicitation Campaign Financial Date Filed: 5/18/2018 11:00: 44 AM Elaine F. Marshall North Carolina Secretary of State - Charitable Solicitation Licensinq Division Contact NC Secretary of State File Number: L201811600004 :1 Agency Website: 3 Email Address: csl@sosnc.com; Telephone: (919) 807-2214 Toll Free for NC Residents: 1-888-830-4989 Fax: (919) 807-2220 Mailing Address: Charitable Solicitation Licensing, PO. Box 29622, Raleigh, NC 27626-0622 Instructions: ANSWER ALL QUESTIONS. This form is to be COMPLETED AND FILED with the Charitable Solicitation Licensing Division WITHIN 90 DAYS AFTER A SOLICITATION CAMPAIGN HAS BEEN COMPLETED OR ON THE ANNIVERSARY OF THE COMMENCEMENT OF A CAMPAIGN LASTING MORE THAN A YEAR. Any changes in any information filed with the Department under this section shall be reported in writing to the Department within seven (7) days after the change occurs. - This form must be submitted directly to Charitable Solicitation Licensing (CSL). - Attachment instructions: DO NOT STAPLE OR BIND YOUR DOCUMENTS TOGETHER. Paperclips are acceptable. If an answer requires more space than the form permits, please provide your answer as an attachment identified by the question number or letter. - Please submit all attachments on 11") paper. II. GENERAL INFORMATION FILL OUT COMPLETELY If more space is needed, attach additional pages and reference the item. A. Name of Solicitor exactly as it appears on North Carolina Solicitor's License B. N.C. Solicitor's License Number C. Expiration Date D. Phone Number Capitol Resources, Inc. SL100805 03/31 /201 8 641-522?4645 E. Street Address of Solicitor F. City G. State H. Zip Code 109 West Front Street PO Box 257 Brooklyn IA 52211 I. Name of Charitable Organization or Sponsor for whom solicitations will occur J. Charitable Org. Sponsor License K. Expiration Date L. Phone Number as it appears on North Carolina Solicitation License Number or Exemption Status Susan B. Anthony List, Inc. 3 @5645 202-223-8073 M. Street Address of Charitable Organization or Sponsor N. City 0. State P. Zip Code 1200 New Hampshire Ave NW Washington DC 20036 II. CAMPAIGN INFORMATION FILL OUT COMPLETELY If more space is needed, attach additional pages and reference the item. A. Provide the beginning date of the campaign covered in this report. Beginning Date: 03/25/2017 B. Provide the ending date of the campaign covered in this report. If the campaign is still in progress, provide the dates covered in this report. Ending Date(s) or Anniversary Date: 12/31/2017 C. lfthis is an annual report of an ongoing campaign, indicate so by checking the "yes" box to the right. If not, check the "no? box. Annual YES. NO. reports must be filed on the anniversary date of the campaign. Page 1 of 3 PROCEED TO THE NEXT PAGE North Carolina Solicitation Campaign Financial Report GROSS REVENUE AND EXPENSES Instructions: PROVIDE GROSS REVENUE RECEIVED NATIONALLY AND GROSS RECEIVED WITHIN NORTH CAROLINA. PROVIDE NATIONAL EXPENSES AND EXPENSES INCURRED WITHIN THE STATE OF NORTH ROLINA. COMPLETE ALL SECTIONS. NATIONAL NORTH CAROLINA A. Gross Revenue Cash, Product Sales, Event Sales, ln?Kind 52 ?ijz 5 Cl LLD Contributions) B. Expenses Fill out sections 1 - 12 below. 1. Solicitor's Share, Commissions and Fees 2. Employee/Independent Contractor Salaries, Fees, Commissions and Benefits 5 3. Professional, Legal, Accounting Fees 4. Office Expenses, Rental, Furniture, Equipment, Utilities 5 5. insurance 6. Advertising 5 7. Telephone, Printing, and Postage 4% 430.57 5 $20 8. TravelNehicIe Maintenance/Fuel 9. Cost of Merchandise for Resale 10. Cost of Show or Entertainment 5 11. Facilities Rental 5 12. Other (Specify) 5 C. Total Expenses (Total of sections 1 - 12) 4% (4?Net Proceeds (Gross Revenue (A) minus Total Expenses 3785 .01 3 5 0L 0')b E. Amount received by Charitable Organization/Sponsor as a benefit from the 1) solicitation campaign. and (E) are not 3735 5 I equal, attach an explanation. med Percentage of Gross Revenue received by Charitable Organization/ .. A Sponsor as a benefit from the solicitation 0/0 ?1 0/0 I5 I campaign. I (Amount received by Charitable Organization (E) divided by Gross Revenue Page 2 of 3 PROCEED TO THE NEXT PAGE North Carolina Solicitation Campaign Financial Report METHOD OF FUNDRAISING Check all that apply. Door-to-Door Entertainment Event Telemarketing Internet Direct Mail Sale of Products Other(Eprain) Telephone and direct mail V. SIGNATURE AND NOTARIZATION I swear or affirm that I am an authorized official of the solicitor and I certify under oath that the information furnished in this financial report and all supplemental forms, reports, documents, and attachments are true and correct to the best of my knowledge under penalty of perj ry. SIG ON WHEN IN THE PRESENCE or A NOTARY PUBLIC. I Signature: Signer's Name (Type or Print): MW I Signer's Title or Position: Notarization: The following is fog/notary public to place you under oath and then notarize your'signature: HTOLML County: QDCEA LEWL State: Sworn to and subscribed before me this date of( 30% Notary Public's Signature: Cyg/ Notary Public's Name (Print): SN (/6qu1, Date Notary Public's Commission Expires: Aw (/30\Cg If using a notary stamp or seal, stamp or imprint seal" In the Jrectanqle below: if? :3 CHRISTIE M. JACK j? ,1 if 00mmission Number 77425 7 low'ff My Commission Expires August8, 2018 MAINTAIN A COPY OF THIS FORM FOR YOUR RECORDS Page 3 of 3 END OF FORM EXHIBIT 0 File Number: L201707200065 Date Filed: 4/3/2017 2:46:03 PM I North Carolina Solicitation Campaign Financial Re Elaine Marshall NC Secretary of State State-Charl a Solicitation Licensln ivl lo 0 lnfor ?t Agency Website: Email Address: csl@sosnc.com; Telephone: (919) 807-2214 Toll Free for NC Residents: Fax: (919) 807-2220 Mailing Address: Charitable Solicitation Licensing, P.0. Box 29622, Raleigh, NC 27626-0622 mm; ANSWER ALL QUESTIONS. This form is to be COMPLETED AND FILED with the Charitable Solicitation Licensing Division WITHIN 90 DAYS AFTER A SOLICITATION CAMPAIGN HAS BEEN COMPLETED OR ON THE ANNIVERSARY OF THE COMMENCEMENT OF A CAMPAIGN LASTING MORE THAN A YEAR. Any changes in any information filed with the Department under this section shall be reported in writing to the Department within seven (7) days after the change occurs. - This form must be submitted directly to Charitable Solicitation Licensing (CSL). - Attachment instructions: DO NOT STAPLE OR BIND YOUR DOCUMENTS TOGETHER. Paperclips are acceptable. If an answer requires more space than the form permits, please provide your answer as an attachment identified by the question number or letter. - Please submit all attachments on "ietter"-sized 1 1 "1 paper. I. GENERAL INFORMATION FILL OUT COMPLETELY if more space is needed. attach additional pages and reference the item. A. Name of Solicitor exactly as it appears on North Carolina Solicitor's License B. N.C. Solicitor?s License Number C. Expiration Date D. Phone Number Ca itol Resources, Inc. SL100805 03/31/2017 641-522?4645 Street Address of Solicitor F. City G. State H. Zip Code West I-ront Street PO BOX 257 Brooklyn IA 5221 1 I. Name of Charitable Organization or Sponsor for whom solicitations will occur J. Charitable 0rg./ Sponsor License K. Expiration Date L. Phone Number as it appears on North Carolina Solicitation License Number or Exemption Status . Aninuny List, inc. . . 5-15- 1 '7 202-223-8073 M. Street Address of Charitable Organization or Sponsor N. City'. 0. State P. Zip Code 1200 New Hampshire Ave NW Washington DC 20036 II. CAMPAIGN INFORMATION FILL OUT COMPLETELY If more space is needed, attach additional pages and reference the Item. A. Provide the beginning date of the campaign covered in this report. Beginning Date: 06/12/2016 B. Provide the ending date of the campaign covered in this report. If the campaign is still in progress, provide the dates covered in this report. Ending Date(5) or 12/31/2016 Anniversary Date: C. If this is an annual report of an ongoing campaign, indicate so by checking the "yes" box to the right. If not, check the "no" box. Annual YES. N0. reports must be filed on the anniversary date of the campaign. Page 1 of 3 PROCEED TO THE NEXT PAGE North Carolina Solicitation Campaign Financial Report GROSS REVENUE AND EXPENSES Ins ru ion PROVIDE GROSS REVENUE RECEIVED NATIONALLY AND GROSS REVENUE RECEIVED WITHIN NORTH CAROLINA. PROVIDE NATIONAL EXPENSES AND EXPENSES INCURRED WITHIN THE STATE OF NORTH CAROLINA. COMPLETE ALL SECTIONS. NATIONAL I NORTH CAROLINA I A. Gross Revenue a Cash, Product Sales, Event Sales, In-Kind iL? - LES 2% DD . Contributions) B. Expenses Fill out sections 1 - 12 below. i. Solicitor's Share, Commissions and Fees 5 2. Employee/Independent Contractor Salaries, Fees, Commissions and Bene?ts 5 3. Professional, Legal, Accounting Fees 4. Office Expenses, Rental, Furniture, Equipment, Utilities 5 5. insurance 5 6. Advertising 5 5 7. Telephone, Printing, and Postage 5 EYQLD i IZLQZ . In 8. TravelNehicle Maintenance/Fuel 9. Cost of Merchandise for Resale 10. Cost of Show or Entertainment 5 11. Facilities Rental 12. Other (Specify) 5 C. Total Expenses (Total of sections Net Proceeds (Gross Revenue (A) minus Total Expenses Amount received by Charitable Organization/Sponsor as a benefit from the solicitation campaignequal, attach an explanation. F. Fixed Percentage of Gross Revenue received by Charitable Organization! . Sponsor as a benefit from the solicitation 2 I .5- campaign. I (Amount received by Charitable Organization (E) divided by Gross Revenue Page 2 of 3 PROCEED TO THE NEXT PAGE North Carolina Solicitation Campaign Financial Report lV. METHOD OF FUNDRAISING Check all that apply. Door-to-Door Entertainment Event Welemal?ketlng [1 Internet Mire? Mail Sale of Products Other (Explain) Telephone and direct mail V. SIGNATURE AND NOTARIZATION I swear or affirm that I am an authorized official of the solicitor and I certify under oath that the information furnished in this ?nancial report and all supplemental forms, reports. documents, and attachments are true and correct to the best of my knowledge under 9 IZHEN IN THE PRESENCE OF A NOTARY PUBLIC. penalty of perjury. SI [iv?Signatmurejl Signer?s Name (Type or Print): Ml In r? Signer's Title or Position: m? Notarization: The following isYor a notary public to place you under oath and then notarize your signature: . r? ?time. [Sworn to and subscribed before me this date of I a; i i ?m ab\7 [Notary Public?s Sig nature: 1 (Jng lNotary Public's Name (Prin? lDate Notary Pu Commussron Expires: I A 3 8' If using a notary stamp or seal! stamp or imprint seal in thgectangie below: CHRISTIE M. CommissionNumbe?geggz My (jammitssion Expires . 1 - . r! . MAINTAIN A COPY OF THIS FORM FOR YOUR RECORDS Page 3 of 3 END OF FORM