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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

NATIONAL ORGANIZATION FOR )

MARRIAGE and )AMERICAN PRINCIPLES IN ACTION, ))

Plaintiffs )

)v. )

) Civil No. 1:09-cv-00538

WALTER F. MCKEE, et al. )

)

Defendants. )

STIPULATED RECORD OF CONSOLIDATED HEARING

ON PLAINTIFF NOMS THIRD MOTION FOR PRELIMINARY INJUNCTION

AND THE MERITS OF COUNTS V-VIII OF PLAINTIFFS

SECOND AMENDED VERIFIED COMPLAINT

For Plaintiffs:

Second Amended Verified Complaint, dated June 25, 2010, and all Exhibits to that complaint

(filed as Docket Item 114).1

For Defendants:

Second Affidavit of Jonathan Wayne, dated July 16, 2010, and the following Exhibits to that

affidavit (filed asDocket Item 129):Exhibit 1: Independent Expenditure Report Form and Schedule for 2010

Exhibit 2: Example of Completed Independent Expenditure Report (IE #59 filed in

2008)

Exhibit 3: Example of 24-Hour Independent Expenditure Report to FEC filed by

National Organization for Marriage

Exhibit 4: Statement to Rebut Presumption of Independent Expenditure

1Although defendants do not object to inclusion of these Exhibits to the Second Amended

Verified Complaint, several appear to pertain solely to the challenges to Maines ballot questioncommittee statute (21-A M.R.S. 1056-B) set forth in Counts IIV, and are not relevant to thesubject matter of this consolidated hearing, while others contain case law, not evidence.

Case 1:09-cv-00538-DBH Document 157 Filed 08/10/10 Page 1 of 4 PageID #: 2483


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Exhibit 5: Registration Form for Political Action Committees

Exhibit 6: Example of Complete PAC Registration Form (filed in 2008)

Exhibit 7: 2010 Campaign Finance Report Form for Political Action Committees

Exhibit 8: 2010 Filing Schedule for Political Action Committees

Exhibit 9: Example of 24-Hour Report by Political Action Committee (filed in 2010)

Exhibit 10: Committee Termination Report for Political Action Committees

Exhibit 11: Calculation of Average Cost of Campaigns in 2008 General Election

Exhibit 12: Reporting Requirements for Independent Expenditures - 2010 Election Year

Exhibit 13: Advice Regarding Independent Expenditures for the 2010 Election issued by

the Maine Commission on Governmental Ethics and Election Practices

Affidavit of MaryEllen FitzGerald, dated July 16, 2010, and the following exhibits to that

affidavit (filed as Docket Item 130):

Exhibit 1: Resume of MaryEllen FitzGerald

Exhibit 2: Maine Voter Preference Study (April 2010) by Critical Insights, Inc.

Excerpts from NOM Deposition, dated May 26, 2010 and June 23, 2010, together with the

following Deposition Exhibits, filed as Docket Items 128 (in redacted form) and 132 (in

unredacted form):

NOM Deposition Exhibit 3: National Strategy for Winning the Marriage Battle, dated

August 11, 2009

NOM Deposition Exhibit 13: National Strategy for Winning the Marriage Battle, dated

December 15, 2009

NOM Deposition Exhibit 25: National Organization for Marriage Board Update 2008-

2009

NOM Deposition Exhibit 28: Marriage: $20 Million Strategy for Victory

Defendants Preliminary Injunction Exhibit 1: NOM Newsletter, dated November 24, 2009

(filed as part of Docket Item 127)

Defendants Preliminary Injunction Exhibit 2: NOM Newsletter, dated November 6, 2009 (filed

as part of Docket Item 127)



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Defendants Preliminary Injunction Exhibit 3: NOM Marriage News, dated May 21, 2010 (filed

as part of Docket Item 127)

Additional Excerpts from NOM Deposition, dated May 26, 2010 and June 23, 2010, filed as

Exhibit 1 to Defendants Motion to Submit Evidence (Docket Items 152 (in redacted form) and

153 (in unredacted form)

Respectfully submitted,

For Plaintiffs:

/s/Josiah Neeley________

JOSIAH NEELEY, ESQ.

[email protected] ELF, ESQ.

[email protected]

Bopp, Coleson & Bostrom1 South Sixth Street

Terre Haute, IN 47807

Tel.: (812) 232-2434Fax: (812) 234-3685

Counsel for Plaintiffs

For Defendants:

JANET T. MILLS

ATTORNEY GENERAL

/s/ Phyllis Gardiner

PHYLLIS [email protected]

Assistant Attorney General

[email protected] A. KNOWLTON


[email protected] State House Station

Augusta, Maine 04333-0006Tel.: (207) 626-8800

Fax: (207) 287-3145Counsel for defendants

August 10, 2010

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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CERTIFICATE OF SERVICE

I hereby certify that on this 10th day of August 2010, I electronically filed the above

document with the Clerk of Court using the CM/ECF system, which will send notification ofsuch filing to the following:

JAMES BOPP, [email protected]

JEFFREY GALLANT

[email protected]

JOSIAH [email protected]

RANDY ELF

[email protected]

JOSEPH VANDERHULST

[email protected]

STEPHEN C. WHITING

[email protected]

To my knowledge, there are no non-registered parties or attorneys participating in this

case.

/s/ Phyllis Gardiner

PHYLLIS GARDINER


[email protected] State House Station

Augusta, Maine 04333-0006

Tel. (207) 626-8800Fax (207) 287-3145

Attorney for defendants

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]

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