1:13-cv-01225 #76

1
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

The NATIONAL ORGANIZATION FOR
MARRIAGE, INC.,

Plaintiff,

v.

The UNITED STATES OF AMERICA,
INTERNAL REVENUE SERVICE,

Defendant.

Civ. No. 13-cv-1225-J CC/IDD

PLAINTIFFS EXHIBIT LIST IN SUPPORT OF OPPOSITION TO
DEFENDANTS MOTION FOR SUMMARY JUDGMENT

Plaintiffs
Exhibit
Number
(PEX)

Description

1

Response to NOMs Privacy Act Request (NOM-001131-NOM-001132)

2

Excerpts from Deposition of Chris Cheippa (March 11, 2014)

3

Excerpts of Report of Investigation of Treasury Inspection General for Tax
Administration

4

Notice of Deposition of Defendant United States of America, Internal Revenue
Service

5

Excerpts from Deposition of David Hamilton (March 11, 2014)

6

Excerpts from Deposition of Sherry Whitaker (March 11, 2014)

7

Excerpts of emails of IRS agents and officials

8

Excerpts from Deposition of Wendy Peters (J anuary 29, 2014)

9

Excerpts of Internal Revenue Manuals

10

Excerpts from Deposition of David Hamilton (J anuary 29, 2014)
Case 1:13-cv-01225-JCC-IDD Document 76 Filed 05/14/14 Page 1 of 2 PageID# 1404
2

11

GOV-PROD-0002167-0002169 (Emails between Wendy Peters and Peggy Riley)

12

Excerpts from Deposition of Fred Karger (March 12, 2014)

13

Correspondence between NOM and California Fair Political Practices Commission

14

Excerpts from Deposition of Brian Brown (March 14, 2014)

15

Excerpts from Plaintiffs Responses to Defendants First Set of Discovery Requests
(J anuary 21, 2014)

16

GOV-PROD-0000220-0000221 (Statistics of Income/Exempt Organizations
Imaging Flow Charts)

17

IRS Memorandum: Submission Processing Programs Review of the EO RAVIS
Photocopy Process

18

IRS Response to NOMs FOIA Request (August 6, 2013)

Case 1:13-cv-01225-JCC-IDD Document 76 Filed 05/14/14 Page 2 of 2 PageID# 1405
NOM-01274
Plaintiff's Exhibit 13 - Page 1
Case 1:13-cv-01225-JCC-IDD Document 76-1 Filed 05/14/14 Page 1 of 103 PageID# 1406
NOM-01275
NOM-01276
NOM-01277
NOM-01278
NOM-01279
NOM-01280
NOM-01281
NOM-01282
NOM-01283
NOM-01284
NOM-01285
NOM-01286
NOM-01287
NOM-01288
NOM-01289
NOM-01290
NOM-01291
NOM-01292
NOM-01293
NOM-01294
NOM-01295
NOM-01296
NOM-01297
NOM-01298
NOM-01299
NOM-01300
NOM-01301
NOM-01302
NOM-01303
NOM-01304
NOM-01305
NOM-01306
NOM-01307
NOM-01308
NOM-01309
NOM-01310
NOM-01311
NOM-01312
NOM-01313
NOM-01314
NOM-01315
Barry A. Bostrom
Zachary S. Kester
Kaylan L. Phillips
J oseph A. Vanderhulst

Of Counsel
J . Christian Adams
J ason Kohout
Cleta Mitchell
J une 13, 2012
Chairman Ann Ravel
Fair Political Practices Commission
428 J Street, Suite 620
Sacramento, CA 95814
Via FedEx Standard Overnight Tracking No. 7936 7127 7984
Re: Expunging Confidential Tax Information from FPPC Records in FPPC No. 12/294,
National Organization for Marriage
Dear Ms. Ravel:
The undersigned represents the National Organization for Marriage (NOM), a nonprofit
corporation recognized by the Internal Revenue Service (IRS) as a social welfare organization,
exempt from taxation pursuant to IRC Section 501(c)(4). We hereby request that the Complaint
in this matter be dismissed immediately and that the California Fair Political Practices
Commission (FPPC) expunge from its records confidential tax information of NOM contained
in FPPC files, for the reason that the Complainant has obtained and utilized NOMs confidential
tax information in violation of federal law.
NOM recently received a letter dated May 15, 2012 from the FPPC explaining that a complaint
had been filed against it by Fred Karger (the complaint). A copy of the complaint together with
exhibits was forwarded to NOM with the May 15th letter. NOM subsequently received a letter
from the FPPC dated May 28, 2012 notifying it that the FPPC has initiated an investigation into
the allegations contained in the complaint.
The complaint and exhibits include NOMs unredacted 2008 IRS Form 990 (the 2008 NOM
990) Schedule B, Schedule of Contributors (contributor information) that was filed with and a
copy of which originated with the IRS.
The 2008 NOM 990 was filed solely with the IRS and is not a public document. 26 U.S.C.
6103(a), 6104(b). It is a felony, punishable by fine of up to $5,000 and/or imprisonment for up to
5 years, for any person to whom the confidential tax return information, including contributor
NOM-01316
Ms. Ann Ravel
Page 2 of 2

information, is disclosed willfully or negligently to print or publish the material. 26 U.S.C.
7213(c). Federal civil remedies exist for knowing or negligent inspection or disclosure of any
confidential return or return information, including contributor information, including monetary
awards for actual damages, $1,000 per inspection or disclosure, punitive damages, costs, and
attorney fees. 26 U.S.C. 7431(a)(2) & (c).
Exactly how this confidential tax document became public is presently being investigated by
relevant federal investigative agencies, including the Treasury Inspector General for Tax
Administration and the Tax Division of the U.S. Department of J ustice. NOM is also taking
appropriate civil action against those who have published, reproduced, and otherwise obtained
access to and disseminated the 2008 NOM 990 and the information contained therein.
Continued publication by Mr. Karger runs afoul of federal law and can result in substantial civil
penalties and financial consequences for violators, including Mr. Karger, and the staff and
officials of the FPPC. NOM is planning to commence legal action against Mr. Karger for his
illegal dissemination of the 2008 NOM 990 through his filing with your office.
We recognize that the FPPCs policy is that virtually all documents received by the FPPC,
including complaints, are ultimately made public. See Govt Code 6250, et seq. (Public
Records Act); 2 Cal. Code Regs. 18360 & 18262. It is apparent that the 2008 NOM 990 was
illegally provided to the FPPC with Mr. Kargers complaint and any republication by the FPPC,
including release pursuant to the California Public Records Act, violates federal law.
Given the illegality of publication of the 2008 NOM 990 to your agency and the sensitivity of the
confidential return information, wehereby request that within 48 hours of your receipt of this
letter that the FPPC expunge from its records any copy or reference to the 2008 NOM 990
and all information gleaned therefrom, including Schedule B contributor information and
all references thereto in Mr. Kargers complaint. It is within the power and authority of the
FPPC to comply with this request. See 2 Cal. Code Regs. 18362(a) & (b). Please contact us to
confirm that the FPPC has taken this action.
We are more than happy to discuss this matter with you via telephone conference or in person, if
necessary, if you believe that it would be beneficial to resolving the confidentiality issues
discussed above.
Please respond to the undersigned at the above address. Thank you for your attention to this
serious matter.
Sincerely,
Zachary S. Kester
zkester@actright.com
(202) 683-9405
cc: J ohn Wallace, FPPC Executive Director; Zackery Morazzini, FPPC General Counsel
Sincerely,
Za ach chary S. Kester
zkester@actright com
NOM-01317
NOM-01318
Barry A. Bostrom
Noel H. J ohnson
Zachary S. Kester
Kaylan L. Phillips

Of Counsel
J . Christian Adams
J ason Kohout
Cleta Mitchell
J une 22, 2012
Gary S. Winuk, Chief
Enforcement Division
Re: Confidential Tax Information in FPPC No. 12/294, National Organization for Marriage
Dear Mr. Winuk:
We are in receipt of your letter dated J une 18, 2012. Thank you for responding. I write to
inform you that your statement of the law is incorrect regarding the Fair Political Practices
Commissions (FPPC) receipt, retention, possession, maintenance, dissemination and/or
republication of confidential tax information of National Organization for Marriage (NOM).
Specifically, in your letter you take the position once tax return information enters the
public domain, 26 U.S.C.S. 6103 no longer applies. You cite Lampert v. United States, 854
F.2d 335 (9th Cir. 1988) for this assertion. The Lampart court repeatedly and explicitly holds
that once return information is lawfully disclosed in a judicial forum, its subsequent disclosure
by press release does not violate [Section 6103]. Id. at 337 (emphasis added). Disclosure of
NOMs confidential return information was not lawful and the confidentiality provisions of 26
U.S.C. 6103 as applied to NOMs 2008 Form 990 still apply, as described in detail in our
letter of J une 13, 2012.
Not only is the FPPCs position incorrect, it is acompletemisreading of federal law. Title
26 U.S.C. 7213(a)(3) specifies that any person who receives return information in a manner
unauthorized by the Internal Revenue Codesuch as the unauthorized manner in which the
FPPC received NOMs Form 990 tax return and the confidential information contained therein
violates the law if that person were thereafter to willfully print or publish in any manner the
return or return information.
NOM-01319
Mr. Gary Winuk
Page 2 of 2
Publish in any manner includes FPPC staffs review, examination, inspection,
dissemination or disclosure in any manner of the confidential NOM return information presently
in FPPCs possession. See 26 U.S.C. 6103(b)(7) & (8) and 7213.
We therefore reiterate and reassert our demand that the FPPC immediately expunge
from its records any copy or reference to the 2008 NOM 990 and all information gleaned
therefrom, including Schedule B contributor information and all references thereto in Mr.
Kargers complaint.
Attached to this letter is a draft complaint against the FPPC to be filed in federal court
within 48 hours unless you advise us prior to that time that you have complied with our request
to return to NOM the unauthorized confidential information in your possession.
We await your response on or before 5 pm PDT on J une 26, 2012 in order to know
whether your inaction will necessitate the filing of an action against the FPPC in federal court.
Please contact me at the number below should you have additional questions regarding
this matter.
Sincerely,
Zachary S. Kester
(202) 683-9405
Counsel, National Organization for Marriage
cc: J ohn Wallace, Executive Director
Zackery Morazzini, General Counsel
Ann Ravel, Chair
Brian S. Brown, President, National Organization for Marriage
Chris Chieppa, Agent in Charge, Treasury Inspector General for Tax Administration
Zachary S. Kester
NOM-01320
Barry A. Bostrom
Noel H. J ohnson
Zachary S. Kester
Kaylan L. Phillips

Of Counsel
J . Christian Adams
J ason Kohout
Cleta Mitchell
J une 25, 2012
Mr. Chris Chieppa, Investigator
Office of the Inspector General
U.S. Department of the Treasury
P.O. Box 12398
Ogden, UT 84412
Via: U.S. Certified Mail Article No. 7011 1150 0001 5009 5389, Return Receipt Requested
and Email to Chris.Chieppa@tigta.treas.gov; Preston.Lamb@tigta.treas.gov &
Randy.Silvis@tigta.treas.gov
Re: Complaint Number 63-1204-0051-C; Request for Follow-Up Investigation into
Unauthorized and Illegal Release of Confidential Taxpayer Information & Referral for
Criminal Prosecution
Dear Inspector Chieppa:
The undersigned represents the National Organization for Marriage (NOM). Your
office is investigating the unlawful inspection and disclosure of NOMs unredacted IRS Form
990 from 2008 (2008 Form 990), including the inspection and disclosure of NOMs
confidential donors names and addresses. I am working with Dr. J ohn C. Eastman, Chairman of
NOM, and your primary point of contact there. This letter is an update to you regarding two
additional specific and troubling instances of felonious disclosure of NOMs 2008 Form 990 and
an additional request for continued and additional TIGTA investigation.
On May 14, 2012, the California Fair Political Practices Commission (the Commission)
received a sworn complaint against NOM filed by Mr. Fred Karger, a self-described enemy of
NOM (the Sworn Complaint). The Sworn Complaint contained repeated references to donors
names and addresses. Said information is confidential under 26 U.S.C. 6103 and 6104. It is
attached to this letter in its entirety as Attachment A.
On June 13, 2012 NOMs Counsel sent a letter to the Commission advising the
Commission of the illegality of the publication by Mr. Karger of NOMs confidential donor
NOM-01321
Mr. Chris Chieppa
Page 2 of 2

information contained in its 2008 Form 990, and further advising the Commission of the federal
law prohibiting third parties from dissemination or publication of the information, 26 U.S.C.
6103, 6104, 7213 & 7431. NOM further demanded that the Commission immediately expunge
therefrom, including Schedule B contributor information and all references thereto in [the Sworn
C]omplaint. Said letter is attached as Attachment B.
The Commission responded in a letter dated J une 18, 2012, that it believed it is not
required to seal or cease dissemination, distribution, disclosure or inspection of the 2008 NOM
990. Said letter is attached as Attachment C. The Commission continues to maintain in its
possession the confidential return information. Further, the Commission continues to allow
Commission staff to review, examine, inspect, disseminate or disclose the confidential NOM
return information and has taken no steps to ensure that NOMs confidential return information
is protected and sealed, nor has the Commission evidenced any intent to refrain from the further
dissemination and publication of the 2008 NOM 990. These distributions are violations of 26
U.S.C. 7213 and criminal felonies. In a J une 22, 2012 letter from us to the Commission, we
explained the foregoing and demanded the Commission take corrective action. Said letter is
attached as Attachment D.
Please consider this as NOMs formal request for an immediate investigation of Mr. Fred
Karger and the California Fair Political Practice Commission, to identify the person(s)
responsible for these illegal actions and the referral of those responsible for prosecution by the
appropriate authorities for violation of federal criminal statutes.
this matter.
Sincerely,
Zachary S. Kester
(202) 683-9405
cc: Brian S. Brown, President, National Organization for Marriage
J ohn C. Eastman, Chairman, National Organization for Marriage
P. Cordale Lamb, Special Agent, TIGTA
Randy M. Silvis, Deputy Assistant Inspector General for Investigations, TIGTA
y,
Za Zach chary S. Kester
NOM-01322
Attachment A
NOM-01323
NOM-01324
NOM-01325
NOM-01326
NOM-01327
NOM-01328
NOM-01329
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
NOM-01330
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
NOM-01331
First Amendment
First Amendment
First Amendment
NOM-01332
NOM-01333
NOM-01334
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
NOM-01335
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
NOM-01336
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
NOM-01337
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
NOM-01338
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
NOM-01339
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
NOM-01340
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
NOM-01341
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
First Amendment
NOM-01342
First Amendment
First Amendment
N
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NOM-01349
NOM-01350
NOM-01351
NOM-01352
NOM-01353
NOM-01354
NOM-01355
NOM-01356
NOM-01357
NOM-01358
NOM-01359
NOM-01360
NOM-01361
Attachment B
NOM-01362
Barry A. Bostrom
Zachary S. Kester
Kaylan L. Phillips

Of Counsel
J . Christian Adams
J ason Kohout
Cleta Mitchell
J une 13, 2012
Chairman Ann Ravel
Re: Expunging Confidential Tax Information from FPPC Records in FPPC No. 12/294,
National Organization for Marriage
Dear Ms. Ravel:
The undersigned represents the National Organization for Marriage (NOM), a nonprofit
corporation recognized by the Internal Revenue Service (IRS) as a social welfare organization,
exempt from taxation pursuant to IRC Section 501(c)(4). We hereby request that the Complaint
in this matter be dismissed immediately and that the California Fair Political Practices
Commission (FPPC) expunge from its records confidential tax information of NOM contained
in FPPC files, for the reason that the Complainant has obtained and utilized NOMs confidential
tax information in violation of federal law.
NOM recently received a letter dated May 15, 2012 from the FPPC explaining that a complaint
had been filed against it by Fred Karger (the complaint). A copy of the complaint together with
exhibits was forwarded to NOM with the May 15th letter. NOM subsequently received a letter
from the FPPC dated May 28, 2012 notifying it that the FPPC has initiated an investigation into
the allegations contained in the complaint.
The complaint and exhibits include NOMs unredacted 2008 IRS Form 990 (the 2008 NOM
990) Schedule B, Schedule of Contributors (contributor information) that was filed with and a
copy of which originated with the IRS.
The 2008 NOM 990 was filed solely with the IRS and is not a public document. 26 U.S.C.
6103(a), 6104(b). It is a felony, punishable by fine of up to $5,000 and/or imprisonment for up to
5 years, for any person to whom the confidential tax return information, including contributor
NOM-01363
Ms. Ann Ravel
Page 2 of 2

information, is disclosed willfully or negligently to print or publish the material. 26 U.S.C.
7213(c). Federal civil remedies exist for knowing or negligent inspection or disclosure of any
confidential return or return information, including contributor information, including monetary
awards for actual damages, $1,000 per inspection or disclosure, punitive damages, costs, and
attorney fees. 26 U.S.C. 7431(a)(2) & (c).
Exactly how this confidential tax document became public is presently being investigated by
relevant federal investigative agencies, including the Treasury Inspector General for Tax
Administration and the Tax Division of the U.S. Department of J ustice. NOM is also taking
appropriate civil action against those who have published, reproduced, and otherwise obtained
access to and disseminated the 2008 NOM 990 and the information contained therein.
Continued publication by Mr. Karger runs afoul of federal law and can result in substantial civil
penalties and financial consequences for violators, including Mr. Karger, and the staff and
officials of the FPPC. NOM is planning to commence legal action against Mr. Karger for his
illegal dissemination of the 2008 NOM 990 through his filing with your office.
We recognize that the FPPCs policy is that virtually all documents received by the FPPC,
including complaints, are ultimately made public. See Govt Code 6250, et seq. (Public
Records Act); 2 Cal. Code Regs. 18360 & 18262. It is apparent that the 2008 NOM 990 was
illegally provided to the FPPC with Mr. Kargers complaint and any republication by the FPPC,
including release pursuant to the California Public Records Act, violates federal law.
Given the illegality of publication of the 2008 NOM 990 to your agency and the sensitivity of the
confidential return information, wehereby request that within 48 hours of your receipt of this
letter that the FPPC expunge from its records any copy or reference to the 2008 NOM 990
and all information gleaned therefrom, including Schedule B contributor information and
all references thereto in Mr. Kargers complaint. It is within the power and authority of the
FPPC to comply with this request. See 2 Cal. Code Regs. 18362(a) & (b). Please contact us to
confirm that the FPPC has taken this action.
We are more than happy to discuss this matter with you via telephone conference or in person, if
necessary, if you believe that it would be beneficial to resolving the confidentiality issues
discussed above.
Please respond to the undersigned at the above address. Thank you for your attention to this
serious matter.
Sincerely,
Zachary S. Kester
(202) 683-9405
cc: J ohn Wallace, FPPC Executive Director; Zackery Morazzini, FPPC General Counsel
Sincerely,
Za ach chary S. Kester
zkester@actright com
NOM-01364
Attachment C
NOM-01365
NOM-01366
Attachment D
NOM-01367
Barry A. Bostrom
Noel H. J ohnson
Zachary S. Kester
Kaylan L. Phillips

Of Counsel
J . Christian Adams
J ason Kohout
Cleta Mitchell
J une 22, 2012
Gary S. Winuk, Chief
Re: Confidential Tax Information in FPPC No. 12/294, National Organization for Marriage
Dear Mr. Winuk:
We are in receipt of your letter dated J une 18, 2012. Thank you for responding. I write to
inform you that your statement of the law is incorrect regarding the Fair Political Practices
Commissions (FPPC) receipt, retention, possession, maintenance, dissemination and/or
republication of confidential tax information of National Organization for Marriage (NOM).
Specifically, in your letter you take the position once tax return information enters the
public domain, 26 U.S.C.S. 6103 no longer applies. You cite Lampert v. United States, 854
F.2d 335 (9th Cir. 1988) for this assertion. The Lampart court repeatedly and explicitly holds
that once return information is lawfully disclosed in a judicial forum, its subsequent disclosure
by press release does not violate [Section 6103]. Id. at 337 (emphasis added). Disclosure of
NOMs confidential return information was not lawful and the confidentiality provisions of 26
U.S.C. 6103 as applied to NOMs 2008 Form 990 still apply, as described in detail in our
letter of J une 13, 2012.
Not only is the FPPCs position incorrect, it is acompletemisreading of federal law. Title
26 U.S.C. 7213(a)(3) specifies that any person who receives return information in a manner
unauthorized by the Internal Revenue Codesuch as the unauthorized manner in which the
FPPC received NOMs Form 990 tax return and the confidential information contained therein
violates the law if that person were thereafter to willfully print or publish in any manner the
return or return information.
NOM-01368
Mr. Gary Winuk
Page 2 of 2
Publish in any manner includes FPPC staffs review, examination, inspection,
dissemination or disclosure in any manner of the confidential NOM return information presently
in FPPCs possession. See 26 U.S.C. 6103(b)(7) & (8) and 7213.
We therefore reiterate and reassert our demand that the FPPC immediately expunge
therefrom, including Schedule B contributor information and all references thereto in Mr.
Kargers complaint.
Attached to this letter is a draft complaint against the FPPC to be filed in federal court
within 48 hours unless you advise us prior to that time that you have complied with our request
to return to NOM the unauthorized confidential information in your possession.
We await your response on or before 5 pm PDT on J une 26, 2012 in order to know
whether your inaction will necessitate the filing of an action against the FPPC in federal court.
this matter.
Sincerely,
Zachary S. Kester
(202) 683-9405
cc: J ohn Wallace, Executive Director
Zackery Morazzini, General Counsel
Ann Ravel, Chair
Brian S. Brown, President, National Organization for Marriage
Chris Chieppa, Agent in Charge, Treasury Inspector General for Tax Administration
Zachary S. Kester
NOM-01369
FAIR POLITICAL PRACTICES COMMISSION
428 J St r eet Sui t e 620 Sacrament o, CA 95814- 2329
( 916) 322- 5660 Fax ( 916) 322- 1932

Commission Chair Ann Ravel Commissioners Sean Eskovitz Elizabeth Garrett Lynn Montgomery Ronald D. Rotunda
J une 28, 2012
Zachary S. Kester
Act Right Legal Foundation
Re: In the Matter of National Organization for Marriage
FPPC No. 12/294
Dear Mr. Kester:
This letter is to inform you that the California Fair Political Practices Commissions
Enforcement Division (the Commission) has determined that the information provided with
the formal complaint in the case noted above is not necessary or relevant to our investigation at
this time. Therefore, we have shredded the 2008 Form 990, Schedule B, for the National
Organization for Marriage that accompanied the complaint and deleted the references to the
individual contributor names within the complaint itself.
Please note that this case is still being investigated by the Commission and a request for more
information from the National Organization for Marriage will be forwarded to you in the near
future. We look forward to your cooperation in complying with this request.
If you have any questions, please contact me at (916) 322-5796.
Sincerely,
GWest
Galena West
Senior Commission Counsel

NOM-01370
STATE OF CALIFORNIA
FAIR POLITICAL PRACTICES COMMISSION
428 J St r eet Sui t e 620 Sacrament o, CA 95814- 2329
( 916) 322- 5660 Fax ( 916) 322- 0886

Commission Chair Ann Ravel Commissioners Sean Eskovitz Elizabeth Garrett Lynn Montgomery Ronald D. Rotunda
This Correspondence Sent by E-mail to zkester@actright.com
October 12, 2012
Zachary S. Kester
Act Right Legal Foundation
Re: National Organization for Marriage, Inc (Nom Inc)
FPPC #12-294
Dear Mr. Kester,
Please provide the supporting records for all funds received of $100 or more and contributions
made of $100 or more, for contributions received and made as described below, including but not limited
to the records listed below.
I. For any and all Funds Received and Contributions Made to or for the purpose of, or
earmarked, to support ProtectMarriage.com Yes on 8, A Project of California
Renewal ID#1302592 - during 2008
Funds Received
Complete copy of any and all:
Checks received (contribution checks received);
Communications received from donors regarding funds received, including
correspondence, contributor cards, letters of transmittal, notices, memorandums,
directives, and any other writings received;
And any information and communications indicating the purpose of, or earmarked,
contributions received to support ProtectMarriage.com Yes on 8, A Project of
California Renewal.
NOM-01371

Page 2
Nom Inc
10/12/12
Contributions Made
Canceled checks (contribution checksmade);
Communications made in regards to contributions made, including
directives, and any other writings sent;
contributions made to or for the support ProtectMarriage.com Yes on8, A
Project of California Renewal.
II. For any and all Funds Received and Contributions Made to or for the purpose of, or
earmarked, to support the National Organization for Marriage California - Yes on 8,
Sponsored by National Organization for Marriage ID #1303282 during 2008
Funds Received
contributions received to support National Organization for Marriage California -
Yes on 8, Sponsored by National Organization for Marriage.
Contributions Made
Canceled checks (contribution checks made);
contributions made to or for the support of the National Organization for Marriage
California - Yes on 8, Sponsored by National Organization for Marriage.
NOM-01372

Page 3
Nom Inc
10/12/12
III. For any and all Funds Received and Contributions Made to or for the purpose of, or
earmarked, to support /oppose other California Election campaigns or committees
(including other California Proposition 8 committees) during October 1 thru
December 31, 2008
Funds Received
contributions received to support /oppose other California Election campaigns or
committees (including other California Proposition8 committees).
Contributions Made
Canceled checks (contribution checks made);
contributions made to or for the support /opposition of other California Election
campaigns or committees (including other California Proposition8 committees).

Please provide the information by October 25, 2012. If you have questions feel free to call me
at (916) 322-8180 or contact me by e-mail at lbonetti@fppc.ca.gov .

Sincerely,

Luz Bonetti
Luz Bonetti
Program Specialist
NOM-01373

Staff Counsel Of Counsel
Barry A. Bostrom J . Christian Adams
Noel H. J ohnson Eric C. Bohnet
Zachary S. Kester J ared Haynie
Kaylan L. Phillips Cleta Mitchell
J oseph A. Vanderhulst Mike Wilkins
October 25, 2012
(Via email to lbonetti@fppc.ca.gov)
Luz Bonetti
California Fair Political Practices Commission
428 J . Street, Suite 620
Sacramento, CA 95814-2329
Re: Records request of NOM Inc., FPPC File No. 12-294.
Dear Mr. Bonetti:
I write on behalf of the National Organization for Marriage, Inc. (NOM), in response to the
Commissions October 12, 2012 request for supporting records. The Commission requested
various records of NOM from specified periods of 2008 related to funds and contributions made
to or for the purpose of, or earmarked, to support ProtectMarriage.com, National Organization
for Marriage California (NOM Cal.), or to support or oppose other California Election
campaigns or committees.
As NOM explained to the Commission in its letters dated J une 13, 2012 and J une 25, 2012, the
complaint that was the basis for this request was premised on NOMs confidential tax
documents. NOM demanded that the Commission destroy the confidential information given to
you by an unauthorized individual, and the Commission complied with NOMs request, as
evidenced in a J une 28, 2012 letter from Ms. Galena West to the undersigned. NOM hereby
objects to thiscontinued investigation premised on unlawfully obtained information.
Under protest and without waiving any privilege or objection, NOM responds to the
Commissions records requests. NOM has not and does not receive earmarked or otherwise
designated contributions. Further, NOM engaged in no California-related election or ballot
question activity in 2008. As such, no responsive records exist for NOM as related to
ProtectMarriage.com, NOM Cal. or other California Election campaigns or committees.
NOM-01374
Mr. Luz Bonetti
October 25, 2012
Page 2 of 2
Please contact me if you have any questions regarding the above.
Respectfully,
Zachary S. Kester
Attorney at Law
Zach hary S. Kester
NOM-01375
NOM-01376

1:13-cv-01225 #76

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