Action – Clone of 4-21-2020 with Demands for production

PETITION FOR DECLARATION OF CONTESTED ELECTION
AND FOR INJUNCTIVE RELIEF

Plaintiff brings this Petition for Declaration of Contested Election and for Injunctive Relief (this “Petition”), and alleges as follows:

I. PARTIES

1. Plaintiff Leslie Thomas is a member of the Northeast Comanche Tribe, Inc., a Kansas nonprofit nonstock corporation (“NECT”) and brings this Petition on behalf of himself and all similarly situated NECT members.
2. Defendant Avraham “Av” Shiloh (“Defendant”) is a member of NECT and, though he has not been elected as an officer or director, he is usurping the role of the rightfully elected officers and directors of NECT, including making unauthorized corporate filings on behalf of NECT with the Kansas Secretary of State (as discussed below).
   

   II.        JURISDICTION AND NATURE OF THE ACTION

3. Jurisdiction is proper in this court because, “[u]pon application of any stockholder…the district court may hear and determine the validity of any election, appointment, removal or resignation of any director or officer of any corporation, and the right of any person to hold or continue to hold such office, and, in case any such office is claimed by more than one person, may determine the person entitled thereto.” Kan. Stat. Ann. § 17-6515(a).
4. Jurisdiction is proper also because “…[a]ny civil action to interpret, apply or enforce any provision of this [Kansas general corporation] code may be brought in the district court.” Kan. Stat. Ann. § 17-6011(b).
5. Plaintiff has standing as a member of NECT to bring this Petition as a member of NECT because “[a]ll references to stockholders of the corporation shall be deemed to refer to members of the corporation.” Kan. Stat. Ann. § 17-6014.
6. This Court has jurisdiction over Defendant Shiloh because he has contested the election of an officer of NECT and has made unauthorized corporate filings on NECT’s behalf with the Kansas Secretary of State, among actions touching upon the State of Kansas.
7. Plaintiff Thomas petitions this court to declare CJ Stumpf as the winner of the two contested elections of 8-25-2018, completed as of 9-28-2019, and 1-9-2020, completed as of 1-23-2020 (the “Disputed Elections”), and therefore the current Chief of NECT, and to order Defendant to cease-and-desist in claiming that he is an officer of NECT, taking corporate action on NECT’s behalf, scheduling events on NECT’s behalf, return purloined materials, and any other relief the court deems just and proper.
   

   III. SUBSTANTIVE ALLEGATIONS
   A. General Allegations and Legal Argument regarding Judicial Declaration

8. Plaintiff realleges and incorporates paragraphs 1-7 as if fully set forth herein.
9. According to its Articles of Incorporation dated September 16, 1992, NECT is a nonprofit nonstock membership club of owners and enthusiasts of Piper Comanche aircraft whose purpose is to “…to conduct aviation oriented educational, charitable, and/or scientific activities and to promote good maintenance of, flight safety in, and the flying enjoyment of, Piper Comanche Aircraft and further a spirit of comradeship amongst members of the International Comanche Society through aviation oriented social activities of its members” (emphasis added). See,  1. NECT – Northeast Comanche Tribe Articles of Incorporation- 9-4-1992, Exhibit 1, incorporated herein by reference
10. Membership in NECT is restricted in accordance with IRS rules, NECT tradition and by the critical nature of the undertaking.
    
11. On information and belief, NECT is the incorporated successor of unincorporated individuals previously known as the “Northeast Tribe”
12. NECT primarily fulfills its charitable purpose by sponsoring “fly-ins” at which members fly their planes to a central location to attend operational and/or safety presentations from instructors and other experts on Piper Comanche aircraft.
13. NECT’s fulfillment of its charitable purpose is critically important because Piper stopped the manufacture of Comanche aircraft in 1972; therefore, Comanche parts are becoming more difficult to obtain and knowledgeable maintenance, instruction, and flight safety more difficult to achieve.
14. NECT membership is spread over 14 states, and it does not operate out of a physical office. The management critically depends on its website and its governing documents, emails, conference calls, and quarterly publications known as the ‘Nor’Easter”.
    

    Role of the International Comanche Society, Inc.

15. Incorporated in 1973, the International Comanche Society, Inc. (“ICS”) is a separately-organized and independent Kansas nonprofit corporation whose purpose is to “…supply information and know-how to support good maintenance, safety, and affordable flying of Comanche type aircraft” (emphasis added). See, 2. ICS Articles of Incorporation – 2-27-1973,  Exhibit 2, incorporated herein by reference.
16. ICS is an umbrella organization of Piper Comanche enthusiasts whose members may also be members of a regional “tribe” serving their geographical area to which they choose to belong.
17. NECT is the “tribe” primarily serving the Northeast and Mid-Atlantic U.S. states and, according to NECT’s website, “[m]ost members are found in the areas south of Washington DC, in the coastal areas of Maryland, Delaware and New Jersey, and around New York City and into southern New England.” ¹
    

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    ¹ Northeast Comanche Tribe, Inc. website, available at http://www.quietcornerbands.org/Flight/ICS-NE/ICS-NE_page.htm, last accessed March 10, 2020.
18. ICS and NECT are independent Kansas corporations and do not formally exercise control over each other, although the “Chief” of each regional “tribe” may serve as a director on the board of ICS. See, 3. ICS minutes – Tribes are Independent – July 2016, Exhibit 3, incorporated herein by reference.
19. One third of NECT members tend to also be current members of ICS, but ICS members from other regions are not members of NECT.
20. Approximately 80% of NECT members are current owner/operators of Piper Comanche aircraft, 17% are former owners and enthusiasts of the aircraft, and 3% are spouses.
    
21. Though not reduced to writing, ICS has traditionally handled some matters related to membership communications on behalf of NECT, including publication of “the Flyer” an aviation-related, paid periodical, which includes notice of the fly-ins planned and sponsored by NECT. See, 4. ICS Flyer – page 26 – From the Tribe Chiefs – April 2018, Exhibit 4, incorporated herein by reference.
22. Defendant Shiloh has served as an officer and director of both NECT and ICS at various times, including serving a term as NECT Chief during 2013-2014, ICS president during 2015-2017, and has been acting, and voting improperly on the ICS board since March 2018 when his term as immediate past president expired. See, 5. Fall 2013 Nor’Easter – NECT Shiloh elected Chief, Exhibit 5, incorporated herein by reference.
    

    The Contested NECT Election

23. NECT traditionally holds elections of officers in the late summer of every year at a fly-in, providing notice to members in advance by email, Nor’Easter, and website posting at which fly-in elections will be held and that they may vote by attending the fly-in. See, 6. NECT Lynn Ward – Summary of past Elections – 8-21-2019, Exhibit 6, incorporated herein by reference.
24. The four officers of NECT have traditionally been a Tribe Chief (“Chief”), Assistant Chief, Treasurer and Scribe/Secretary (“Secretary”), all of which form the directors (governing body) of NECT (the “Board”).
25. NECT traditionally elects two ex-officio, non-voting members of the Board, the Assistant Secretary and the Fly-in Coordinator.
26. NECT members are able to nominate other members or themselves for officer positions by contacting the Secretary directly, or, since 2017, via the NECT webform. See, 7. NECT 2018-19-nominations webform, Exhibit 7, incorporated herein by reference.
27. In the Winter of 2016, NECT announced a nomination webform was posted on the website for the 2017-18 election to be held prior to the ICS June convention by electronic ballot. Only the incumbent officers nominated, and they were returned unopposed. Two ballots remain of those cast online in May 2017, and Pete Morse recorded one ballot for the uncontested slate, same as was done for  the Fall 2014 election. The information returned with the electronic ballots was sufficient to positively identify the members against the NECT membership list.
    See, 8. Winter 2016 Nor’Easter – announces June 2017 election – 12-27-2016, page 1, Exhibit 8, incorporated herein by reference.
    See, 9. Fall 2014 Nor’Easter – Scribe to record one Ballot, page 3, Exhibit 9, incorporated herein by reference.
    See, Exhibit 6. NECT Lynn Ward – Summary of past Elections – 8-21-2019, page 3, Ballots Recorded by Pete Morse.
28. In the Winter of 2017, NECT, again announced a nomination webform was posted on the website for the 2018-19 election, and provided notice of a meeting of the members for the purpose of conducting NECT elections at an upcoming Sky Manor fly-in at Pittstown, NJ on August 25, 2018 . See, Exhibit 10. Winter 2017 Nor’Easter page 4 – Announcing 2018 Nominations form is open.
29. In the Spring of 2018, NECT again notified members of elections at the upcoming August 25, 2018 fly-in. See, 11. Spring 2018 Nor’Easter page 6 – Reminding the 2018 Nominations form is open, Exhibit 11, incorporated herein by reference.
30. Prior to and at the election fly-in, Defendant Shiloh objected that the incumbent slate of officers could not be trusted to count the ballots themselves as they (and he) had done in the past. See Defendant’s Objection, 12. Gmail Shiloh to NECT – objection to election process – 7-14-2018, Exhibit 12, attached hereto and incorporated herein by reference.
31. The Board made every effort to address the concerns of Defendant by suspending the 2018 election, approving an election by signed paper ballot, taking time to update the outdated membership list, and obtaining the services of an independent election committee chairman, a third-party probate judge to handle the ballots, and a Maryland state elections judge. See, 13. NECT Minutes (One Document) – 7-21-2018, Exhibit 13, attached hereto and incorporated herein by reference.
    >> Copy of email received by Shiloh requesting he confirm his USPS address for voting purposes
32. The only contested race was for Chief of NECT, between incumbent “Chief” CJ Stumpf and Defendant Shiloh, and for Treasurer. See, 14. NECT Robert Grandinetti 2018-2019 Ballot – 9-21-2019, attached hereto as Exhibit 14 and incorporated by reference herein.
33. Specifics on elections dates etc.
    
    1. 2005 Pete Morse created the NECT tribe website to hold corporate documents; optional online-voting was added in 2013 under Assistant Chief of NECT, Shiloh, and a nominations webform was introduced for 2017.
    2. 2009, Fall Nor’Easter – the traditional method of voting for an September to August term at a Fly-in, and lists who are the duly elected officers.. See, 20. Fall 2009 Nor’Easter page 3 – traditional in-person election, attached hereto as Exhibit 20 and incorporated by reference herein.
       >> Copy of all Nor’Easter’s in Shiloh’s possession, and/or on the ICS NE Tribe website
       >> Copy of all ICS eNewsletters n Shiloh’s possession, and/or on the ICS NE Tribe website
    3. 8-17-2013, Shiloh was elected Assistant Chief in the 2012-13 uncontested election, and Chief of NECT, in the 2013-14 uncontested election. See, Exhibit 5. Fall 2013 Nor’Easter – NECT Shiloh elected Chief.
       >> Copy of notices given to the membership, nomination and voting records, announcements of results for 2012-2015 elections
    4. 8-16-2014, NECT president Shiloh presided over the 2014-15 uncontested election, wherein Pete Morse was both a candidate and counted the votes, thereafter Shiloh moved that Morse, as secretary, “record one ballot for the slate”. See, Exhibit 9. Fall 2014 Nor’Easter, page 3, Scribe to record one Ballot
       >> Copy of notices given to the membership, nomination and voting records, announcements of results for 2014-15 elections
    5. 9-26-2015, Chief of NECT, Stumpf and Scribe Pete Morse, deferred to past NECT Chief and then ICS president Shiloh on the timing of the 2015-16 elections, governance issues, and to obtain NECT governance documents. Shiloh did not produce any bylaws, and his direction was, after consulting with others, “The bottom line is that each tribe is its own separate corporation and, as such, has the right to conduct its business as it sees fit“. See, 21. Gmail – ICS Shiloh to Stumpf & Morse – NECT Governs itself – 9-26-2015, attached hereto as Exhibit 21 and incorporated by reference herein.
       >> Copy of all correspondence at this time between Shiloh and the “bylaws committee” on the subject of NECT tribe bylaws
       >> Copy of communications received, “when he joined ICS”, containing NECT bylaws
    6. In reliance thereof, NECT officers, set an August 20, 2016 election date to support the EAA Young Eagles; held the 2017-18 election 3-months earlier than usual to support the ICS convention; cancelled the first attempted 2018-19 election (held 11-months earlier than usual, in September 2017) after Shiloh mailed out a marked-up, how-to-vote ballot; suspended the second 2018-19 election at Shiloh’s request; formed an independent committee to conduct elections, held a vote of members which rejected ICS’s attempt to run NECT’s elections; amended NECT’s Articles to identify its website/governing documents, and disavowed the so called “1998 bylaws”.
       See, Exhibit 6, page 2, Fly-in schedule switch [to Parlin, NH] is official – 4-18-2016.
       See, Exhibit 8, page 1, We need to nominate and elect our officers [for June 2017] – Winter 2016
       See,22. Gmail – Shiloh NECT 2018 Election – Marked up Ballot – 9-27-2017, attached hereto as Exhibit 22 and incorporated by reference herein.
       >> Copy of marked up Ballot, copy of list of addresses used to send out email via constant contact
       >> Copy of correspondence between Shiloh and the ICS regarding this email
       See, Exhibit 13, page 1, 6th item, members vote to use paper ballots, and appoint an impartial receiver – 7-21-2018
       See, Exhibit 13, page 1, 4th item, members vote to reject ICS’s offer of its voting platform – 7-21-2018
       >> Copy of all correspondence between Shiloh and the ICS regarding using the ICS voting platform
       >> Copy of ICS board minutes authorizing the use of the ICS voting platform to conduct NECT voting
       >> Copy of all correspondence between Shiloh and the webmaster regarding setting up NECT voting on the ICS voting platform
       >> Copy of all payments made by Shiloh and/or the ICS to the ICS webmaster during this period
       See, Exhibit 13, page 4, “D” item 4, vote to update NECT filing with the Kansas Sec of State – 7-21-2018
       See, Exhibit 13, page 4, “D” item 5, vote to disavow bylaws of the unincorporated, so called, North East Tribe, Inc. – 7-21-2018
    7. Winter 2015 Nor’Easter, announced the 2016-17 election would be concluded at Sky Manor, Pittstown, NJ, on August 13, 2016. See , 23. Winter 2015 Nor’Easter announced August 2016-17 election, attached hereto as Exhibit 23 and incorporated by reference herein.
    8. 4-18-2016, The 2016-17 election fly-in was officially switched from Sky Manor on August 13, to Parlin Field on August 20 to support the EAA Young Eagles. See, Exhibit 6, page 2, Fly-in schedule switch [to Parlin, NH] is official. Shiloh was involved in the decision to switch venue. See, 23c. ICS eNewsletter April 2016 – Editor in Chief Shiloh – Notice Parlin voting
       >> Copy of proof that he (Shiloh’s) attended at Parlin Field on August 20, 2016
       
    9. 8-20-2016, Uncontested 2016-17 election concluded at Parlin Field, eight (8) members attended, there is no record of voting, and the officers continued in their positions. See, Exhibit 8. Winter 2016 Nor’Easter – Tribe Officer Contact details – 12-27-2016, page 3. Shiloh, as editor in chief of the ICS Flyer, published that CJ Stumpf was the Chief of NECT in 2017.
       See, 23a. ICS Flyer August 2017 – Editor in Chief Shiloh – Stumpf is NECT Chief, attached hereto as Exhibit 23a and incorporated by reference herein.
       See, 23b. ICS eNewsletter August 2017 – Editor in Chief Shiloh – Stumpf is NECT Chief, attached hereto as Exhibit 23b and incorporated by reference herein.
       >> Copy of any correspondence with CJ Stumpf or Pete Morse at the regarding the voting at Parlin Field on August 20, 2016
       Pete Morse’s 3-18-2019 affidavit mistakenly identified this as taking place at Ellenville, NY on May 20, 2016.
    10. Winter 2016 Nor’Easter, announced the 2017 nomination webform was open on the website, and the 2017-18 election would take place three (3) months earlier than usual, in June 2017, to support the ICS convention. The current term reduced to nine (9) months, so the next term was 15 months to August 2018. Only the incumbent officers nominated. See, Exhibit 8, page 1, Winter 2016 Nor’Easter – We need to nominate and elect our officers [for June 2017] .
        >> Copy of any correspondence at the time with CJ Stumpf or Pete Morse regarding this early election
        >> Copy of the nomination form that Shiloh submitted for this June 2017 election
    11. June 3, 2017 fly-in before the ICS convention, Airport day, Parlin Field, Newport NH, the incumbent officers were returned unopposed. Secretary Pete Morse recorded one ballot for the slate. Two ballots remain of those cast online during May 2017. See, Exhibit 6, page 3, two ballots recorded by Pete Morse as cast in May 2017. See, 24. Gmail – Bernard Stumpf to ICS – NECT 2016 & 2017 elections – 8-21-2019, attached hereto as Exhibit 24 and incorporated by reference herein.
        >> Copy of any proof that Shiloh attended this fly-in
        Pete Morse’s 3-18-2019 affidavit mistakenly identified this as taking place at Pittstown, NY on August 13, 2017
    12. Summer 2017 Nor’Easter, announced the 2018-19 election was in progress (11-months earlier than usual), and would conclude at the Georgetown, DE fly-in on October 14, 2017. The Tribe Chief, and Treasurer positions were contested. CJ Stumpf wrote: “I’m happy to continue to serve as your Northeast Tribe Chief/Tribe Rep and I respectfully ask for your vote in the upcoming election“. See, 25. Summer 2017 Nor’Easter – announced 2018 election in progress, attached hereto as Exhibit 25 and incorporated by reference herein.
        >> Copy of all communications with all NECT members regarding wanting this election to take place
        >> Copy of the nomination form that Shiloh submitted for this Fall 2017 voting for the 2018-19 election
        
    13. 8-12-2017, NECT email to members, announced a nomination webform was open on the website for an election to be held in September 2017, nominations would close on Labor Day 2017. See, 28. Gmail – NECT 2018 nominations open – 8-12-2017, Exhibit 28, incorporated herein by reference.
    14. 9-18-2017, Voting started for the 2018-19 term, to conclude at the Lancaster PA fly-in 11-months earlier than usual on 10-14-2017. The election was cancelled on 10-9-2017 after both candidates for the Tribe Chief position protested the process. The tally at the time was 34 votes each for Stumpf and Shiloh. The officers elected in June 2017 continued in position until September 2018. See, 29. NECT announced 2018 election dates – 8-23-2017, Exhibit 29, incorporated herein by reference. See, Exhibit 22. Gmail – Shiloh NECT 2018 Election – Marked-up Ballot – 9-27-2017
        >> Copy of the list of voters wherein he was “winning by a landslide”
    15. 10-1-2017, email from ICS president Pat Donovan to candidate Shiloh, “You can’t have it both ways, complaining if the election were to continue, then complaining if it was cancelled“. See, 26. Gmail – ICS President to Shiloh – Can’t have it both ways – 10-11-2017, attached hereto as Exhibit 26 and incorporated by reference herein.
        >> Copy of all correspondence between Shiloh and ICS president Pat Donovan regarding the 2018-19 election
        
    16. August, 2017, Pete Morse posted to the documents section of the website, an undated, unsigned scanned material and gave it a filename of “1998 Bylaws”. This material, found in a file by Chris Jorheim, has no signature page, and names five (5) unincorporated entities, including, “The North East Tribe of the ICS, Inc.” The “Northeast Comanche Tribe, Inc.” is not named anywhere. There is no record or recollection that a voting related to this material was held after NECT incorporated. The file was taken down after a few months. This material, even if had it been formalized, corrected, named for the NECT, and formally adopted, still would not have given anybody the right to hold elections. See, 27. Northeast Tribe – original so called 1998 Bylaws, attached hereto as Exhibit 26 and incorporated by reference herein.
        >> Copy of all correspondence between Shiloh and Chris Jorheim regarding the “material” he found.
        
    17. Winter 2017 Nor’Easter, reported the current Tribe officers as being elected unopposed in June 2017, and gave an accounting of the problems with the attempted 2018-19 election, held 11-months earlier than was required.
        
    18. Winter 2017 Nor’Easter, announced the nomination webform for the 2018-19 election to be held in August 2018 was open on the website, and notified the members that the annual meeting of members would conclude with voting at the Sky Manor fly-in at  Pittstown, NJ on August 25, 2018. Members were notified of a new election process, and a current schedule-of-events posted on the website. See, Exhibit 10, page 4, Winter 2016 Nor’Easter – Nominations are made via the webform. See, 30. NECT Election Process – 10-22-2017, attached hereto as Exhibit 30 and incorporated by reference herein.
        >> Copy of the nomination form that Shiloh submitted for this Fall 2018 voting in the 2018-19 election
        
    19. 10-29-2017, An updated election process which addressed issues with the 2018-19 election held in the Fall of 2017, was posted on the website.
        >> Copy of all correspondence between Shiloh and Pete Morse regarding the posting of an updated elections process
        >> Copy of the posting, the “election process” in question
    20. 1-19-2018, Shiloh emailed Pete Morse, “Dear Pete, Again, I ask that you forward me a copy of the Northeast Tribe Bylaws“. Pete Morse replied with a copy of the unsigned, undated, material that named five (5) unincorporated entity’s, which Chris Jorheim had given him five-months earlier. Shiloh later claimed he had been given a set of bylaws when he joined NECT.
        >> Copy of the set of bylaws Shiloh had been given when he joined NECT, the date received and who was the sender
    21. Spring 2018, Nor’Easter,  Membership was asked to review the new election process posted on the website, and reminded that the “Sky Manor in Pittstown NJ (N40) [fly-in] in August to … conclude our long-awaited [2018-19] elections“.  See, Exhibit 11. Spring 2018 Nor’Easter – Election process for discussion, pages 3 & 6. Shiloh did not object to any element of the proposed election process until immediately before voting started, 8-months later.
        >> Copy of the review he conducted and resulting correspondence between Shiloh and author Morse on this election process
        
    22. 2-5-2018 NECT membership was reminded that the 2018 nomination webform was open, and nominations would close in July 2018. See, 31. NECT Stumpf to members (page 3) – 2017 elections – 5-2-2018, attached hereto as Exhibit 31 and incorporated by reference herein.
        >> Copy of the nomination form that Shiloh submitted for this Fall 2018 voting for the 2018-19 election
        
    23. May 2018, ICS president Kate Burrows, editor in chief of the ICS Flyer, published that CJ Stumpf was NECT Chief, and Pete Morse was responsible for the NECT website. See, 109. ICS Flyer May 2018 – Editor in Chief Kate Burrows – Stumpf is NECT Chief, pages  2, 3, 10, 28, attached hereto as Exhibit 109 and incorporated by reference herein.
    24. 5-30-2018 VillagePress, manager of the ICS membership list, advised CJ Stumpf (and the ICS board repeatedly) that the ICS was missing 509 members email addresses, and many had bad email addresses. Stumpf reported to ICS board members and NECT officer’s that the ICS voting platform was incapable of delivering “one vote per stockholder”, as required by Kan. Stat. Ann. § 17-6505(b). See, 32. Gmail – VillagePress to NECT Stumpf – 509 missing email addresses – 5-30-2018, attached hereto as Exhibit 32 and incorporated by reference herein.
        See, 32a ICS AGM – knowing of missing 509 address -11-03-2019, attached hereto as Exhibit 32a and incorporated by reference herein.
        >> Copy of all information provided by VillagePress regarding missing or un-contactable member emails addresses
        >> Copy of the nomination form that Shiloh submitted for this Fall 2018 voting for the 2018-19 election
        
    25. Spring 2018 Nor’Easter, announced the nominations webform was open on the website, and the 2018-19 election process was underway. See, Exhibit 11. Spring 2018 Nor’Easter – 2018 Nominations form is open.
    26. 6-17-2018, Shiloh claimed, after the new elections process was up for eight (8) months, that there were: “errors, deceptions, distortions, improprieties, outright falsehoods”, and the election process was: “flawed, defective, biased, lacks checks and balances”. But did not cite anything specifically.
    27.  7-4-2018, Shiloh nominated to run for Chief of NECT via the webform. See, Exhibit 33. NECT 2018 Nominations Received.
    28. 7-14-2018 Shiloh addressed the duly elected NECT officers, “I object to the intended voting process that you intend to employ”, and requested “a impartial and independent party [] conduct the voting process“, despite his use of the same process for 3-years, from 2012 to 2014. See, Exhibit 12. Gmail Shiloh to NECT – objection to election process – 7-14-2018. 
        The process was perfectly acceptable to him from 2015 to 2017 when, as ICS director, he accepted CJ Stumpf on the board and as Chairman of the safety committee, Chairman of Oshkosh committee, member of the Bylaws, and membership committees
        >> Copy of all correspondence regarding the unsuitability of the election process during the 2015 to 2017 time frame
        
    29. 7-15-2018, Elections process was refined yet again to address Shiloh’s objections. See,  34. NECT election process on website – nomination via website – 7-15-2018, attached hereto as Exhibit 34 and incorporated by reference herein.
        Pete Morse’s position was not contested, and there was no conflict.
    30. 7-16-2018, Shiloh attempted to nominate for the non-existent office of: “Tribe Chief/Rep, Scribe”, knowing full-well there were only four (4) positions on the board.
        >> Copy of all correspondence regarding the NECT Chief also being the NECT Rep on the ICS board
    31. 7-19-2018, The ICS board, on which Shiloh was improperly acting and voting since March 2018, emailed approximately half (160) of the NECT members, set the scene by falsely claiming there had been no elections since 2016, offered to run the NECT election on its [voting platform], and asked to involve ICS’s paid, “independent” webmaster, and its elections chair. See, 35. ICS email to NECT members – offering ICS voting platform -7-19-2018, attached hereto as Exhibit 35 and incorporated by reference herein.
        >> Copy of all correspondence with the ICS board regarding Shiloh being on the ICS board once his term as immediate past president expired in Feb, 2018
        
    32. 7-19-2018, ICS board also falsely claimed that Pete Morse was running for both Chief of NECT, and Representative when he was only running for Scribe, and falsely claimed Pete Morse was not a member of the ICS when it was more than 18 months later, on 2-16-2020, that ICS claimed it canceled Pete’s membership. See, Exhibit 105. ICS Board – Expelled Pete Morse from ICS – 2-16-2020.
        >> Copy of all correspondence at the time regarding Pete Morse running for NECT Chief
        >> Copy of all correspondence regarding Pete Morse having already been removed from ICS membership at that time
    33. Nobody in the NECT, other than Shiloh, contacted NECT’s officers to agree with ICS running NECT elections.
    34. 7-21-2018 NECT Membership meeting at Newport, NH, voted unanimously, to reject the ICS running NECT elections, and agreed to instead use paper ballots, to expend a major effort to validate and authenticate the membership list, and to enable an “impartial receiver” to tally the votes. See, Exhibit 13. NECT Minutes (One Document), page 1, item 6
        >> Copy of proof that Shiloh attended that meeting
        
    35. 7-30-2018 Shiloh reaffirmed with the NECT officers that he was running in the 2018-19 elections, “some candidates have changed their minds about running for various tribe positions. However, I did not.” See, 36. Gmail – Shiloh to NECT Morse – Confirms he is running – 7-30-2018 , attached hereto as Exhibit 36 and incorporated by reference herein.
    36. 7-30-2018 Nominations for the 2018-19 elections closed on 7-30-2018. See, 37. Gmail – NECT Pete Morse – 2018 Nominations closed – 7-30-2018, attached hereto as Exhibit 37 and incorporated by reference herein. See, 38. NECT 2018 Officer Application Summary – 7-25-2018, attached hereto as Exhibit 38 and incorporated by reference herein.
    37. 7-30-2018 Officers meeting appointed Malcolm Dickinson as Treasurer, discussed the fact that Shiloh had not nominated for Scribe via the webform, and approved the use of paper ballots. See, Exhibit 13. NECT Minutes (One Document), page 2
    38. 8-1-2018, Shiloh attempted to also nominate for Scribe after nominations closed on 7-30-2018, and run against Pete Morse. This would, according to Shiloh, create “a conflict”; although the Secretary had always counted the ballots.
    39. Shiloh never completed, and submitted the necessary nomination webform’s. See, Exhibit 38. NECT 2018 Officer Application Summary – 7-25-2018
        >> Copy of the NECT Chief nomination form that Shiloh submitted for this Fall 2018 voting for the 2018-19 election
        >> Copy of the NECT Scribe nomination form that Shiloh submitted for this Fall 2018 voting for the 2018-19 election
        
    40. 8-1-2018, Voting started in the 2018-19 election as a ballot webform posted on the website. The postal paper ballot was rearranged to accommodate Shiloh’s desire to be listed first.  See, Exhibit 14. NECT Robert Grandinetti 2018-2019 Ballot – 9-21-2019.
    41. August 2018, in Edinburgh, and again at San Antonio in September 2018, Stumpf informed ICS board members that voting on the ICS voting platform in its current state, was incapable of delivering “one vote per stockholder”, as required by Kan. Stat. Ann. § 17-6505(b) due to the 509 missing email addresses, the bad email addresses reported by VillagePress, and was incapable of “determining the electronic transmission was authorized by the member” as required by Kan. Stat. Ann. § 17-6505(e) due to a well known”changeme” password on approximately 600 accounts. See, Exhibit 32. Gmail – VillagePress to NECT Stumpf – 509 missing email addresses – 5-30-2018
        >> Copy of all communications between Shiloh and anybody regarding the use of “changeme” as a password
        >> Copy of all communications between Shiloh and anybody regarding correcting security issues with the ICS voting platform
        >> Copy of all communications between Shiloh and anybody regarding authenticating the members on the ICS voting platform
        >> Copy of all communications between Shiloh and anybody regarding counting votes on the ICS voting platform
    42. September 2018, The election process was again under review, since Shiloh was not satisfied. Suspending elections was  provided for in the posted elections process. See, 39. Gmail – Shiloh to NECT officers – contesting election – 7-16-2018 , attached hereto as Exhibit 39 and incorporated by reference herein.
    43. 9-7-2018 NECT officers elected William (Bill) Cunniff chairman of the Elections committee. See, 40. Affidavit of Bill Cunniff – Agreed to Chair Committee – 4-8-2019, attached hereto as Exhibit 40 and incorporated by reference herein. See, 41. NECT Chief Stumpf to Bill Cunniff – to Lead Elections – 5-6-2019, attached hereto as Exhibit 41 and incorporated by reference herein.
        >> Copy of all communications between Shiloh and anybody challenging Bill Cunniff being election committee chair
    44. 9-10-2018, Members were informed that the 2018-19 election was delayed due to “unforeseen circumstances”. The committee began the long process to validate and authenticate the membership list with the intention of completing the election as soon as the list was complete. See, 42. NECT email to members – 2018 Elections Delayed – 9-10-2018, attached hereto as Exhibit 42 and incorporated by reference herein.
        
    45. 9-10-2018 email seeking confirmation of USPS addresses for voting purposes was sent out to the 257 Northeast Tribe members that had accumulated over many years. See Exhibit, 42. NECT email to members – Request for USPS Address – 9-10-2018
    46. 9-11-2018 VillagePress reported they had discovered forty-one (41) individuals were added to the ICS membership list “over a few hours”,  “from Av Shiloh’s address”, and had been designated to the “Northeast”. Three quarters of these live within 20 miles of Shiloh’s house. Only 15% are Comanche owner/operators, vs 80% in NECT’s true membership list, and 44% were the half-priced spousal memberships vs only 3% in the true NECT list. See, 43. NECT Tribe Chief Report – 41 members added – 10-1-18, attached hereto as Exhibit 43 and incorporated by reference herein.
        >> Copy of all communications between Shiloh and VillagePress regarding the 41 individuals added in September 2018
        >> Copy of all communications, notes, and payment details between Shiloh and the 41 individuals added in September 2018
        >> Copy of all PayPal payments made in relation to the individuals added in September 2018
        >> Copy of all correspondence regarding any of the individuals added in September 2018 that quit in the following two years
    47. Shiloh never told the NECT officers of his strange and unethical recruitment drive, which greatly exceeded NECT’s usual gain of three (3) per month. Shiloh explained away the entry of 41 individuals in the middle of the night as, VillagePress having held onto these applications for a month.
        >> Copy of all communications with VillagePress regarding their holding applications and entering them as a batch
        
    48. 9-13-2018, Shiloh requested, at the last minute, the new election process be: impartial, open, and fair, secret voting, integrity, robustness, and fairness, and to know who is the impartial party. See, 44. Gmail – Shiloh to NECT – Process Requirements – 8-13-2018, attached hereto as Exhibit 44 and incorporated by reference herein.
        The NECT paper-ballot process met all of his objections, it was impartial by having three independent actors involved, no candidate counted their own vote, it was open because everyone was invited to the counting, fair in that there was no canvasing in official NECT communications, secret as individual voting details were never distributed to NECT membership, robust because paper balloting is a tried and true method, and the ballots were secured.
        >> Copy of all communications between Shiloh and anybody challenging the three independent actors conducting NECT elections
    49. 10-16-2018 Postcards seeking confirmation of members USPS postal address were posted to the 200 NECT members who had not responded to the 9-8-2018 email. See, 45. NECT 2018 Postcard to members for Address, attached hereto as Exhibit 45 and incorporated by reference herein. The small number of responses to the email confirmed that postal balloting was necessary to satisfy Kan. Stat. Ann. § 17-6505(b) and, Kan. Stat. Ann. § 17-6505(c)(1) “proper notice”.
    50. 10-30-2018, New draft bylaws were posted on the NECT website for comment. Nobody showed any interest, and it is still posted. See, 46. Link to NECT website, draft bylaws 10/2018, attached hereto as Exhibit 46 and incorporated by reference herein.
        >> Copy of any communications Shiloh had regarding the NECT’s draft bylaws posted on the website
    51. 11-1-2018 The election committee confirmed that more than 100 (a third) of the NECT members on the ICS voting platform had the same, well known, default, “changeme”  password. The lack of security would allow anybody, including non-members, to vote a hundred (100) accounts, and would fail to satisfy Kan. Stat. Ann. § 17-6505(b). Multiple persons could vote the same account, and thereby violate “one [and only one] vote per stockholder” as is required by Kan. Stat. Ann. § 17-6505(b), 17-6501(a), and 17-6501(e). See, 47 exhibit A31 – zip file – screen shots of 100 Northeast Tribe members all with the same “changeme” password
        >> Copy of all communications Shiloh had regarding the affect of bad security on the ICS election platform
        >> Copy of all communications Shiloh had regarding fixing poor security on ICS elections platform
    52. 11/2018 – 6/2019, The elections committee over a period of months validated and authenticated the name/address details of 257 NECT members entitled to vote as of the 8-1-2018 record date. (80% were Piper Comanche owner/operators). The FAA pilot, and FAA owner database was used as the authoritative reference. On information, and belief, Shiloh never obtained a copy of this official list.
        >> Copy of all communications Shiloh had with individuals added in September 2018 regarding this informational request
        
    53. 1/2019 – 9/2019, The elections committee validated and authenticated the name/address details of 70 NECT members added since 8-1-2018. The 70 included 41 individuals added on 9-11-2018.
    54. 2-18-2019, the ICS board, and by extension Shiloh (who improperly sits and votes on that board), disregarded NECT’s 2018-19 election still in progress, disregarded NECTs members rejecting its offer to conduct NECT’s elections, and knowingly interfered with the NECT by imposing the ICS nominating committee, its paid webmaster, and its unverified electronic voting platform to conduct an election. The ICS board had no right to impose its electronic voting platform on NECT as Kan. Stat. Ann. § 17-6501(a)(2), provides, the NECT officers with sole discretion over elections conducted by remote communications. The ICS board, emailed 160 (only half) the NECT members, to justify its actions with false claims that the last election was in 2015 (or 2016), and they were enforcing NECT bylaws. NECT never adopted or used any bylaws.  In any event, neither “1992 bylaws”, nor “1998 bylaws” extend any right to the ICS.
        See, 48. ICS email to NECT members – Imposed its voting platform – 2-18-2019, attached hereto as Exhibit 48 and incorporated by reference herein.
        See, 49. NECT 1990-94 Scribe & Treas Nancy Zawistowski – No knowledge of bylaws – 3-6-2019, attached hereto as Exhibit 49 and incorporated by reference herein. Bill Jackson, who, from the ICS side, helped tribes incorporate. See, 50. ICS 1992 President Bill Jackson – No knowledge of bylaws – 1-18-2018, attached hereto as Exhibit 50 and incorporated by reference herein.
        See, 51. NECT 2001-05 President John Dunning – No knowledge of bylaws – 7-14-2018, attached hereto as Exhibit 51 and incorporated by reference herein.
        See, Exhibit 23a. ICS Flyer August 2017 – Editor in Chief Shiloh – Stumpf is NECT Chief
        See, Exhibit 109. ICS Flyer May 2018 – Editor in Chief Kate Burrows – Stumpf is NECT Chief
        >> Copy of all correspondence regarding ICS authorizing use of its voting platform for NECT elections
        >> Copy of all correspondence regarding verifying the integrity and suitable of the ICS voting platform
    55. The ICS voting platform is not a verified process, and did not provide a fair, open, and independently supervised and verified election as was demanded by Shiloh on 7-16-2018. ICS did not follow the NECT elections process, did not comply with Kansas statutes, did not verify every email was correct, did not notify all 257 members, did not provide all members with a way to vote, and did not preclude anyone added after the 8-1-2018 record date.
        >> Copy of the list of NECT members who were notified of the 3-14-2019 voting on the ICS elections process
        >> Copy of communications to, and responses from, each and every NECT member to verify receipt of notices by email
        >> Copy of authority given to anybody by the governing body of the NECT to conduct NECT meetings by remote communications
        >> Copy of the authority given to anybody by the governing body of the NECT to eliminate 100 members from voting
        >> Copy of instructions given to webmaster to prevent voting of members added after the 8-1-2018 record date
    56. 2-18-2019 Shiloh had a conflict since he continued to act and vote on the ICS board while ICS conducted the unsanctioned 3-14-2019 “election” on its voting platform.
        >> Copy of all ICS board minutes in which conducting NECT elections on the ICS voting platform was discussed or voted
    57. 3-8-2019, NECT officers sent ICS a letter to cease and desist from conducting NECT’s elections. There was no reply. See, 52. NECT Letter to ICS – Cease conducting election – 3-8-2019, attached hereto as Exhibit 52 and incorporated by reference herein.
        >> Copy of all ICS board minutes in which the NECT cease and desist was discussed and/or voted
    58. 3-14-2019, ICS board announced to 160 (only half) the NECT membership that voting in the “NE Tribe” election was open on the ICS election platform. See, 53. ICS Board to NECT – ICS NE Tribe Voting open on ICS website – 3-14-2019, attached hereto as Exhibit 53 and incorporated by reference herein.
        >> Details of every entity named in correspondence with NECT members during the run up to and conduct of the election
        >> Certificate of good standing for each entity named in correspondence with NECT members during entire conduct of the election
    59. The ICS board further reduced the roll of eligible voters by excluding 200 former members of the ICS. “NE Tribe”, “ICS NE Tribe”, names used by the ICS board is not the “Northeast Comanche Tribe, Inc.”. It appears the ICS board or its agents was trying to confuse by using four different names to refer to the same thing (its March 2019 “election”), while claiming it is not they, but “you”, that was responsible for running the election on their electronic voting platform under the control of its webmaster. NECT had no reason to hold an election in March, and in any event, the ICS board had no right to impose its electronic voting platform on NECT as Kan. Stat. Ann. § 17-6501(a)(2), provides NECT officers have sole discretion over elections conducted by remote communications. 
        >> Details of who is the “you” that was conducting the March 2019 election and their relationship to the ICS webmaster
        >> Copy of authority given by the governing body of the NECT for anybody to conduct meeting by remote communications. vvv
    60. 3-17-2019, NECT Board approved, and posted, specific terms and conditions for membership, and conduct.
        See, 54. NECT Guidelines posted – Conditions of Membership, attached hereto as Exhibit 54 and incorporated by reference herein.
        See, 55. NECT Guidelines posted – Code of Conduct, attached hereto as Exhibit 55 and incorporated by reference herein.
        See, Exhibit 34. NECT election process on website – nomination via website – 7-15-2018
        See, Exhibit 13. NECT Minutes (One Document), page 5, “E”, item 1 – Adopted conditions of membership – 10-20-2019.
    61. 3-19-2019, NECT board approved, and filed an updated NECT Articles of Incorporation with the Kansas Sec of State to identify NECT’s website and governing documents, and to disallow proxy voting. See, 56. Stumpf filing – NECT AoI Amendment identifies Website – 3-19-2019, attached hereto as Exhibit 56 and incorporated by reference herein.
        See, Exhibit 13. NECT Minutes (One Document), page 4, “D”, item 4.
    62. 3-11-2019 to 3-25-2019, Shiloh, and three relatively unknown individuals, took part in an unsanctioned election for the unincorporated ICS NE TRIBE, (variously referred to in ICS communications at the time as, “North East ICS Tribe”, “North East Tribe”, “ICS NE Tribe”, and “NE Tribe”). Voting was by click on a “Vote Here” button, apparently served from the ICS voting platform. This was not a “verified process”, as Shiloh had demanded in his 7-14-2018 objections. It is even possible that “Vote Here” posted to Defendant’s own web server. Over half the NECT’s eligible voters were excluded. See, 57. ICS NE Tribe 2019 Nominees – Click to vote –, attached hereto as Exhibit 57 and incorporated by reference herein.
        >> Copy of the database records representing NECT members, and their entitlement to vote
        >> Copy of the database records representing their authenticated access details, including time/date and duration
        >> Copy of the database records representing each members attempted, successful, and failure to vote
        >> Copy of the database records representing members with “changeme” attempted, successful, and failure to vote
    63. 3-25-2019, The ICS NE TRIBE “election” did not use NECT’s validated/authenticated membership list, and could not have “ensure[d] each stockholder was entitled to one vote” as is required by Kan. Stat. Ann. § 17-6503(b). On information and belief, less than 160 (half) of NECT’s 327 eligible members were invited or allowed to vote. Former ICS members were excluded, another 100 NECT members (out of a total 509 ICS members with incorrect or missing email addresses) were excluded, and legitimate votes may have been overwritten by non-members, because the “changeme” password provided no security and gave free access to a 100 unprotected NECT accounts on the ICS voting platform. See, 58. ICS NE Tribe -161 member list – 12-11-19, attached hereto as Exhibit 58 and incorporated by reference herein.
        >> All correspondence with anybody regarding providing an alternate means of voting for members without email addresses
    64. The ICS voting platform could not determine who properly voted an account as is required by Kan. Stat. Ann. § 17-6505(e), and electronic voting [on the ICS voting platform] had not been “authorized by the [NECT] governing body” as is required by Kan. Stat. Ann. § 17-6501(a), and 17-6501(e).
    65. The ICS voting platform did not conform with Shiloh’s own requirements per his 7-14-2018 objections, wherein, addressing  NECT officers, “I object to the intended voting process that you intend to employ”, and requested “a impartial and independent party [] conduct the voting process“. See, Exhibit 12. Gmail Shiloh to NECT – objection to election process – 7-14-2018. The ICS voting platform was not independent, because, it was run, and the votes counted by, a webmaster paid by the ICS board, and Defendant served on that ICS board, alongside the ICS IT committee chairman.
        >> Details of who had access to the ICS voting platform server, both physically or via privileged login
        >> Details of the relationship of each person to the ICS, and if any such person ever received payment, and the details thereof
    66. Voting exclusively on-line violated NECT’s 34-year tradition of voting in-person. NECT members who wanted to appear in-person, discuss issues, and vote were disenfranchised. Online voting had been introduced in 2014 as an adjunct to, but not a substitute for, an assembly of the membership.
        >> Copy of authority given by the governing body of the NECT for anybody to eliminate in-person voting
    67. 3-25-2019, Shiloh, and three relatively unknown individuals, Arthur Rosenberg, Jay Shearer, and Billy Brooks were announced by an unrelated 3rd party as being elected to yet another unincorporated entity named, the “North East ICS tribe”. Four (4) different names were used during this “election” process. See, 59. ICS – Results of ICS NE Tribe election – 3-25-2019, attached hereto as Exhibit 59 and incorporated by reference herein. vvv
        >> Details of voting including date/time, client IP address and data captured including user input and web-client identification
    68. Shiloh was also a candidate for, and “elected” to a non-existent “Tribe Rep” officer position. NECT Articles of Incorporation, the so called “1992 bylaws”, and the so called “1998 bylaws”, do not allow an individual member to create officer positions. See, Exhibit 1. NECT – Northeast Comanche Tribe Articles of Incorporation – 9-4-1992.
        >> Copy of the voting and authority given by the members of the NECT for anybody to create an additional officer position
    69. 3-25-2019 Pete Morse requested details of voting in the unsanctioned 3-25-2019 “election”. ICS  did not respond. See, 60. NECT Morse to ICS – To validate the ICS NE Tribe election – 3-25-2019, attached hereto as Exhibit 60 and incorporated by reference herein.
        >> Copy of the ICS board meeting minutes wherein the NECT request to validate the election process was considered and voted
    70. 3-31-2019, at the Martinsville Fly-in, Bill Cunniff, chairman of the NECT elections committee, asked Shiloh to prove the legitimacy of voting in the unsanctioned 3-25-2019 “election”, to which Shiloh responded, “they are already validated”. See, Exhibit 40. Affidavit of Bill Cunniff – ICS NE Tribe Election not certified – 4-8-2019.
        >> Copy of all communications regarding NECTs request to validate the election process
    71. 9-13-2019 ICS board meeting minutes, show a North Central Tribe candidate complaining that the ICS voting platform had disenfranchised him, and many other North Central Tribe members. To which Kate Burrows answered,
        “That is a NC Tribe matter. That does not have anything to do with the ICS main Board.
        If something is going on that there is an error within the Tribe, the Tribe election,
        and stuff like that, it is up to them to sort it out. If two years down the line, it hasn’t
        been sorted out, then it comes to the ICS, and say, you know, we have been trying to
        sort something out for the last 2 years and nothing is been done. Then, yes, we get involved” (emphasis added).
        See, 61. ICS Board Meeting – ICS NE Tribe elections nothing to do with ICS – 9-13-2019, page 12, attached hereto as Exhibit 61 and incorporated by reference herein.
    72. 8-7-2019, Shiloh’s Kansas state filing, to annul NECT’s 3-19-2019 amendment to its Articles, signed as NECT’s Authorized Officer under penalty of perjury, with the Kansas Sec of State . See, 62. Shiloh filing – Changes to NECT Articles – 8-8-2019, attached hereto as Exhibit 62 and incorporated by reference herein.
    73. 9-11-2019, NECT Kansas state filing,  Certificate of Correction with the Kansas Sec of State, to reverse Shiloh’s 8-7-19 filing. See, 63. NECT Stumpf filing – Certificate of Correction – 9-9-2019, attached hereto as Exhibit 63 and incorporated by reference herein.
    74. 8-18-2019, Les Thomas, and Judge Lewis, opened a PO Box at Randolph Center, Vermont together. Judge Lewis is well known to the postmaster, and he retained both keys. Judge Bernie Lewis undertook to secure the receipt of, and delivery of ballots to the election committee chairman at Danielson, CT airport.
    75. 9-8-2019, email from the elections committee to the NECT membership announcing “ballots are in the mail”;
    76. 9-8-2019 Ballots and cover letter were sent by first-class mail to the 257 verified/certified NECT members entitled to vote as of 8-1-2018. See, 64. NECT 2018-2019 Ballot by mail, attached hereto as Exhibit 64 and incorporated by reference herein.
        See, 65. NECT 2018-2019 Ballot cover letter, attached hereto as Exhibit 65 and incorporated by reference herein.
    77. 9-24-2019, NECT members were invited to come to the Fly-in to help count, and witness the ballots. Defendant did not accept. See, 65a. NECT 2018-2019 Invite to count votes – 9-24-2019, attached hereto as Exhibit 65a and incorporated by reference herein.
        >> Copy of any proof that Shiloh attended the vote counting
        >> Copy of any objection to the process, persons involved, or result, made at the time or shortly thereafter
    78. 9-28-2019 NECT 2018-2019 election concluded at Danielson, CT airport. Eight (8) members attended, and one voted in-person. Judge Bernard Lewis had secured the ballots in a tamper-proof package, and delivered to the elections committee chairman. Photos were taken. Verification and counting was by two independent teams supervised by Miller Einsel, Maryland state elections judge of 15 years. Result of the election: 98 ballots received, Morse 94, Ward 92, Dickinson 91, Stumpf 85, Shiloh 9. See, 66. Bill Cunniff – NECT 2018-2019 election result – 9-28-2019, attached hereto as Exhibit 66 and incorporated by reference herein.
        Nobody, Defendant included, ever challenged either the results, the credentials or independence of the people involved, or the process.
    79. 9-30-2019, Pete Morse certified the NECT election results to ICS. There was no response. See, 66a NECT Pete Morse – Certified election to ICS – 9-30-2019, attached hereto as Exhibit 66a and incorporated by reference herein.
        >> Copy of ICS board meeting minutes wherein the NECT request to certify the Tribe Rep was discussed and/or voted
    80. 10-7-2019, NECT announced the 2018-19 election results. See, 67. NECT – Announcing 2019-2019 election results – 10-7-2019, attached hereto as Exhibit 67 and incorporated by reference herein.
        >> Copy of all communications between ICS elections chair Sally Williams, and Shiloh, ICS board, webmaster regarding elections
    81. 10-20-2019, Meeting of NECT members, in Georgetown, DE, resolved:
        
        1. reaffirmed the purposes of the corporation,
        2. approved officers past actions, and reimbursements
        3. accepted committee chairman Bill Cunniff’s report/results of the 2018-2019 election
        4. seated the duly elected officers
        5. confirmed future elections may be conducted on the NECT website, and in-person
        6. agreed to have the ICS to return confiscated moneys, and reimburse NECT court costs
        7. passed a vote of confidence in Pete Morse
        8. disavowed the so called “1998 bylaws”, entitled “NORTH EAST TRIBE, INC of the ICS”
        9. confirmed “Northeast Comanche Tribe, Inc.” is the legal name
        10. confirmed NECT’s traditional website governs corporate matters, approved documents filed there
        11. required change of control of the corporation requires member vote by paper ballot; and,
        12. appointed a committee to investigate a member’s behavior
            See, Exhibit 13. NECT Minutes (One Document), page 4, 10-20-2019
    82. Fall 2019, Nor’Easter announced nominations open with Bill Cunniff’s contact details, with the 2020 elections starting on 1-6-2020. See, 68. Fall 2019 Nor’Easter – Announced Jan 6 start to 2020 elections, attached hereto as Exhibit 68 and incorporated by reference herein.
    83. 1-6-2020 NECT officers formally approved the 2019-20 election. See, 69. NECT Pete Morse Approving 2020 elections, attached hereto as Exhibit 69 and incorporated by reference herein.
        >> Copy of the nominations webform Shiloh submitted for the 2019-20 election
    84. The incumbent officers nominated, Defendant did not. The 2019-20 election was therefore uncontested. See, 70. Pete Morse 2020 nomination, attached hereto as Exhibit 70 and incorporated by reference herein. See, 71. Ron Ward 2020 nomination, attached hereto as Exhibit 71 and incorporated by reference herein.
    85. 1-6-2020, NECT reminded members that the 2019-20 postal voting would run from 1-6-2020, through 1-16-2020, and to look out for ballots that were about to be mailed. See, 72. 2020 election Nor’Easter – 2020 election underway – 1-6-2020, attached hereto as Exhibit 72 and incorporated by reference herein.
        1-7-2020, The Chairman of the elections committee urged all 327 members to vote. See, 73. 2020 Nor’Easter – Urged to Vote – 1-9-2020, attached hereto as Exhibit 73 and incorporated by reference herein.
        In an abundance of caution, the 327 people were invited to vote, including Shiloh’s 41 added on the night of 9-11-2018
        >> Copy of all correspondence between Shiloh and any of the individuals added in September 2018
    86. NECT sent out 327 Ballots by first class mail to be signed, and returned by 1-16-2020. See, 74. NECT 2020 Ballot by mail, attached hereto as Exhibit 74 and incorporated by reference herein.
    87. 2-16-2020, NECT 2020 elections concluded with a counting at Danielson, CT airport. Judge Lewis had secured and delivered the ballots from the PO Box to Bill Cunniff at the Parlin Post office. One member voted in-person. Bill Cunniff supervised the validation, and counting of the signed, mailed-in ballots. See, 75. NECT Announced 2020 election results – 2-11-2020, attached hereto as Exhibit 75 and incorporated by reference herein. Completed Ballot. See, 75a. 2020 Completed Ballot – 1-16-2020, attached hereto as Exhibit 75a and incorporated by reference herein.
        >> Copy of any proof that Shiloh attended the vote counting
        >> Copy of any objection to the process, persons involved, or result, made at the time or shortly thereafter
    88.  3-10-2020, The ICS voting platform, claiming to represent yet another unincorporated entity, named the “NE TRIBE”, emailed less than half the NECT membership seeking nominations for elections. See, 76. ICS NE Tribe Seeking candidates – 3-10-2019, attached hereto as Exhibit 76 and incorporated by reference herein.
        >> Copy of the list of NECT members emailed
    89. On 3-24-2020 ICS board again emailed half the NECT membership, and falsely claimed the NECT had recorded, minuted, and   adopted bylaws in 1992, and [a different set] in 1998. See, 77. ICS email to NECT member Klein – Update on ICS NE Tribe elections – 3-24-2020, attached hereto as Exhibit 77 and incorporated by reference herein.
        This email also claimed, any election must be conducted by ICS, vs “any other election … is not, and will not be an ICS election”.
        The ICS board falsely claimed the NECT Articles of Incorporation [gave it the right because it] “were created by the then [ICS] board to be affiliated and sanctioned by, the ICS.” when the Articles say no such thing. See, Exhibit 1. NECT – Northeast Comanche Tribe Articles of Incorporation- 9-4-1992.
        >> Copy of the NECT recording, minutes, and certificate of adoption of the so called “1992 bylaws”, including record of voting
        >> Copy of the NECT recording, minutes, and certificate of adoption of the so called “1998 bylaws”, including record of voting
    90. as background to the “1992 bylaws” – May 1991, sixteen (16) months before NECT incorporated, reportedly, individuals in the unincorporated Northeast Comanche Tribe gave consideration to incorporating. See, 78. Northeast Tribe – Flyer – Consider Bylaws – May 1991, attached hereto as Exhibit 78 and incorporated by reference herein.
    91. further… April 1992, five (5) months before NECT incorporated, reportedly, individuals in the unincorporated Northeast Comanche Tribe published an article entitled, “Bylaws of the Northeast Comanche Tribe, Inc.”. This article, reserved authority to conduct elections to the corporation, and provided for both ICS, and “other individuals” to be members, and did not give ICS any rights. See,79. Northeast Tribe – Flyer – Text of Bylaws – April 1992, page 3, attached hereto as Exhibit 79 and incorporated by reference herein.
        >> Copy of all documentation in Shiloh’s possession regarding NECT’s adoption of the so called “1992 bylaws”
        >> Who did he obtain such documentation from (in each case)
        NECT incorporated in September 1992, without bylaws. See, Exhibit 1. NECT – Articles of Incorporation- 9-4-1992.
    92. furthermore… 6-13-1992, three (3) months before NECT incorporated, reportedly, individuals in, yet another, unincorporated entity, named the “International Comanche Society, Northeast Tribe” voted to incorporate, elected three officers, and adopted a “first set of bylaws”, that were “patterned after that suggested by the ICS”. There is no record of a final wording or of a meeting to adopt bylaws after NECT incorporated. See, 80. Northeast Tribe – Chief report – Adopted bylaws – June 1992, attached hereto as Exhibit 80 and incorporated by reference herein.
         NECT’s September, 1992, Articles of Incorporation, indicate bylaws had yet to be adopted, vs. “Conditions of membership are to be set forth in the By-Laws” [future tense]. See, Exhibit 1. NECT – Articles of Incorporation – 9-4-1992.
    93. as background to the “1998 bylaws” 8-19-2017, NECT Treasurer, Chris Jorheim , “found some material”, an image-scan which Pete Morse then posted on the website as a “1998 bylaws” filename. This undated, unsigned, 5-page draft identified five (5) unincorporated entities, named the “International Comanche Society, Inc. North East Tribe”, the “North East Tribe, Subject to ICS”, the “The North East Tribe of the ICS, Inc.”, the “NE Tribe of the ICS, Inc.”, and the “North East Tribe, International Comanche Society”. There is no signature page, no date, no record of adoption, and “Northeast Comanche Tribe, Inc.” is not even named.
        Article X, section A, of this material anticipated, “all assets of the Tribe will be transferred to the corporation upon incorporation” [future tense], showing it predated incorporation of NECT. This article, reserved authority to conduct elections to the corporation, it also intended that, “All [] who reside within the geographic area designated by the ICS… shall be members”. See, Exhibit 27. Northeast Tribe – original, so called 1998 Bylaws.
        >> Copy of all documentation, including emails, in Shiloh’s possession regarding NECT’s adoption of the so called “1998 bylaws”
        >> Copy of all documentation, including emails, related to the copy of bylaws given to him when he joined the NECT
        >> Who did he obtain such documentation from (in each case)
34. The membership was notified of the results of these elections, but Defendant did not abide by the results, and instead engaged in a campaign to impersonate NECT.
    

    Defendant’s Campaign to Impersonate NECT

35. After losing the Disputed Elections, Defendant Shiloh has conducted a campaign to impersonate NECT and act as NECT Chief.
36. Defendant was once elected NECT Chief in 2013, and served in that role until 2014 when another slate of directors and officers was elected in an election he supervised, and did not contest. See, 90. Summer 2014 Nor’Easter, attached hereto as Exhibit 90 and incorporated by reference herein
37. Defendant was properly nominated for NECT Chief when he ran for the office in 2018 and he appeared on the ballot as a candidate, but he was not elected.
38. Defendant and every other member were invited to nominate for office in 2019, but he did not nominate, and was not on the 2020 ballot as a candidate. See, Exhibit 67. NECT – Announcing 2019-2019 election results – 10-7-2019.
39. Despite losing the Disputed Elections, Defendant is representing to the world that he is the duly elected Chief of NECT.
    See, 91. ICS NE Tribe – Shiloh to member – Claiming to be NECT Officer -9-16-2019, attached hereto as Exhibit 91 and incorporated by reference herein
    See, Exhibit 59. ICS – Results of ICS NE Tribe election – 3-25-2019.
40. 9-13-2019 Defendant currently occupies a seat and is voting on the ICS board of directors that is designated for the NECT Chief, a position that should be filled by duly elected NECT Chief CJ Stumpf. See, Exhibit 61. ICS Board Meeting – ICS NE Tribe elections nothing to do with ICS – 9-13-2019, page 1, “Tribe Chief/Rep NE”
41. Defendant has wrongfully appointed another ICS director that should rightfully be appointed by NECT Chief CJ Stumpf.
42. Defendant is on the ICS board and has repeatedly not published notices of NECT events resulting in a precipitous drop in attendance and damaging the ability of NECT to fulfill its charitable purposes.
43. During or about March 2019, Defendant, represented to NECT members that he was conducting an authorized NECT election via the “ICS NE Tribe” website; however, the NECT board, the ICS Board never authorized an election and Defendant was acting solely on his own.
44. Defendant, by involving the ICS, on whose board he improperly acts and votes, fraudulently passed this sham election off as the elections of NECT.
45. While “cancelling” NECT fly-ins, Defendant continues to promote and support only those fly-ins conducted by the Comanche Flyer Foundation[, Inc.,] a vendor in which he may have a personal pecuniary interest.
46. 4-13-2019 Defendant has repeatedly scheduled fly-ins at competing times and dates claiming they are NECT events in order to drive down attendance at actual NECT meetings and fly-ins. See, 92. Shiloh to ICS NE Tribe – Scheduled Fly-in on 4-27-2019 at Millville – 4-13-2019, attached hereto as Exhibit 92 and incorporated by reference herein.
    See, 92a. ICS NE Tribe Flyin at KMIV – April 2019, attached hereto as Exhibit 92a and incorporated by reference herein.
    See, 92b. ICS NE Tribe Flyin at MTV – March 2019, attached hereto as Exhibit 92b and incorporated by reference herein.
    See, 92c. NECT Flyin Schedule Pete Morse – ICS May Flyer – page 26, attached hereto as Exhibit 92c and incorporated by reference herein.
    See 92d. ICS NE Tribe Flyin Schedule Shiloh – ICS June Flyer – page 26, attached hereto as Exhibit 92d and incorporated by reference herein.
    See, 93. NECT 2019 Fly-in schedule, attached hereto as Exhibit 93 and incorporated by reference herein
    >> Copy of the authority given by the NECT governing body to conduct Fly-ins at the same place and on the same date
47. Defendant created or caused to be created a website for an unincorporated organization called “ICS NE Tribe,” available at https://www.icsnetribe.com/ (last accessed March 10, 2020), and has utilized it to publicize events as NECT events that were never sanctioned by NECT.
    >> Copy of the authority given by the NECT governing body to conduct Fly-ins at the same place and on the same date
48. Defendant has caused the “ICS NE Tribe” to claim it is NECT by listing NECT’s actual articles of incorporation as its own. See, 94. Link to the NECT Articles of Incorporation on the ICS NE TRIBE website
    >> Copy of the authority given by the NECT governing body to copy NECTs Articles of Incorporation
49. 7-11-2019, Defendant conducted a sham “ICS NE Tribe” voting to amend the so called “1998 bylaws”, on a www.ICSNETribe.com website. That voting platform was never verified, was not approved, had no security, and did not use NECT’s validated/authenticated membership list. Individuals voted by entering any, very publicity available ICS account number, no username/password was required, and anyone could vote multiple times for themselves and for others. vvv
    >> Copy of authority given by the NECT governing body for ICS NE TRIBE to conduct a meeting by remote communications
    >> Copy of all correspondence regarding authoring of these bylaws in the name of NECT
    >> Copy of the authority given by the NECT governing body to author these bylaws in the name of NECT
    >> Copy of the authority given by the NECT governing body to conduct a voting by remote communications on his website
    >> Copy of the disclosure to the membership that these bylaws would be giving over their control to the ICS
    >> Copy of the disclosure to the membership that these bylaws would exclude 200 long term non-ICS members
    >> Copy of the disclosure to the membership that the ICS would for evermore be running NECT elections on its voting platform
    >> Copy of the disclosure to the membership that the tribe chief would make final decisions, which could only be appealed to ICS
    >> Copy of the list of members emailed, including the date emailed, the email address used and the authentication details
    >> Copy of the database records representing NECT members, and their entitlement to vote, username, password capabilities
    >> Copy of the database records representing members authenticated access details, including time/date and duration
    >> Copy of the database records representing each members attempted, successful, and failure to vote
    >> Details of voting including date/time, IP address and any data captured including user input and web-client identification
    >> Copy of the ICS NE TRIBE board meeting wherein this election was authorized
    >> Who are the members of the nominations, and elections committees, who validated the ballots?
    >> Was the voting record preserved, how?
    >> How many notices sent out were rejected because of bad email addresses, copy of all rejected emails
    
50. 7-31-2019, Defendant’s notice for a special meeting of the “ICS NE Tribe” to amend the so called “1998 bylaws”, gave insufficient notice, ten (10) days instead of the required sixty (60) days, and did not notice, nor would allow voting by all eligible NECT members.
    See, 94, ICS NE Tribe Shiloh – Notice of Special Voting – 7-11-2019, attached hereto as Exhibit 94 and incorporated by reference herein.
51. Defendant represented his effort as “updating and amending”, when, in fact, he forged a document based off the superficially related “1998 bylaws”, by substituting the “Northeast Comanche Tribe, Inc.,” legal name in place of five (5) unincorporated entities it originally named. He created a forgery to impersonate the NECT. Defendant revealed his purpose, by giving veto power to the very ICS board, on which he improperly acts and votes as a “director”, disqualified immediate family members, and disqualified ~200 former ICS members, designated the ICS as the voting platform, and eliminated in-person voting. See, Exhibit 94, ICS NE Tribe Shiloh – Notice of Special Voting – 7-11-2019.
    See, 95, ICS NE Tribe – Forged Bylaws – July 2019, attached hereto as Exhibit 95 and incorporated by reference herein.
    See, Exhibit 27. Northeast Tribe – original, so called 1998 Bylaws.
    >> Copy of any analysis of the original, so called, “1998 bylaws” wherein NECTs legal name is employed
52. It is inconceivable, that ~200 former members of the ICS, (2/3rd’s of NECT’s membership), would vote themselves out of a organization that has, for 27 years, provided life-saving support for their old aircraft, and which organizes Comanche specialized, recurrent, pilot training with recognized experts.
    >> Copy of the authority given by former members of the ICS to have their names removed from the NECT registry
53. Defendant is representing to the public that NECT has adopted bylaws, but it has not. See, 96 Link to the ICS NE TRIBE website bylaws of the “Northeast Tribe of the International Comanche Society, Inc”, amended July 2020
54. The website lists officers who have never stood in an NECT election. See, 97 Link to the ICS NE TRIBE website page listing individuals purporting to be NECT officers
55. It is highly unlikely that, a relatively unknown person such as Arthur Rosenberg, one of the 41 persons added on 9-11-2018, who does not own a Comanche, would garner 78% of the vote, and defeat 33-year veteran member John Futter.
    >> Copy of 41 individuals added in September 2018, showing details from FAA licensed pilots database, including name/address
56. Defendant has caused the “ICS NE Tribe” to copy 15 years of NECT’s Nor’Easter’s from the NECT website, claim ownership for the ICS, and publish them. See, 98 Link to ICS NE TRIBE website page having links to NECT Nor’Easter – Winter 2006 to Feb 2020
    >> Copies of the PDFs linked to the ICS NE TRIBE website
    >> Copy of copyright releases from authors of the PDFs originally posted on the NECT website and now posted on ICS NE TRIBE
57. Defendant is author only in 2013-14 Nor’Easter articles; ICS is not an author
58. On 8-8-2019, Defendant filed with the Kansas Secretary of State Certificate of Amendment filing, in violation of K.S.A. § [______________], representing under penalty of perjury that he was authorized to make the filing. See, Exhibit 62. Shiloh filing – Changes to NECT Articles – 8-8-2019.
    >> Copy of the authority granted by the NECT governing body to make this filing on behalf on NECT
59. NECT has not received dues collected by ICS and usually remitted in January each year as it has in the past; upon information and belief, Defendant has purloined NECT dues collected by ICS. See, 99. NECT – Record of ICS payment – 4-4-2015, attached hereto as Exhibit 99 and incorporated by reference herein. See, 100. ICS Check to NECT – 12-4-2018, attached hereto as Exhibit 100 and incorporated by reference herein.
    >> Copy of all receipts derived from the ICS
60. Defendant’s conduct further includes the incidents set forth in the attached letter from NECT to Avraham Shiloh dated March 16, 2019 providing Defendant notice that he has been banned from attending NECT fly-ins. See, 101. NECT Registered letter to member Shiloh – Barred from future Fly-Ins – 3-16-2019, attached hereto as Exhibit 101 and incorporated by reference herein.
    See, 102. NECT Morse to Shiloh – Don’t attend NECT flyin – 3-29-2019, attached hereto as Exhibit 102 and incorporated by reference herein.
61. 5-6-2019, Defendant confused corporate names by announcing he had removed NECT Fly-in coordinator Pete Morse from the ICS NE Tribe. See, 103. ICS NE Tribe Shiloh to NECT Pete Morse – Threat to suspend Pete for using NECT member list – 6-5-2019, attached hereto as Exhibit 103 and incorporated by reference herein.
    >> Copy of the ICS NE TRIBE board meeting wherein the threat to remove Pete Morse was discussed, and/or voted
62. 6-5-2019, Defendant threatened Pete Morse to have the ICS board, on which he acts and votes as “director”, “take further action against him”. See, 104. ICS NE Tribe Shiloh – removed Pete Morse as NECT FlyIn Coordinator – 5-6-2019, attached hereto as Exhibit 104 and incorporated by reference herein.
    >> Copy all communications with ICS wherein the threat to remove Pete Morse was discussed/voted
63. 2-16-2020, Following Shiloh’s threat to have the ICS board “take further action against Pete Morse”, ICS board did remove Morse as an ICS member with no reason given. See, 105. ICS Board – Expelled Pete Morse from ICS – 2-16-2020, attached hereto as Exhibit 105 and incorporated by reference herein.
    >> Copy all ICS board minutes wherein the removal of Pete Morse was discussed, and/or voted
64. 3-18-2020, Defendant filed with the Kansas Secretary of State a CHANGE OF RO OR RA filing, in violation of K.S.A. § [______________], representing under penalty of perjury that he was authorized to make the filing. See, 106. ICS NE Tribe Shiloh filing – Changed NECT Registered Agent – 3-18-2020, attached hereto as Exhibit 106 and incorporated by reference herein.
    >> Copy of the authority granted by the NECT governing body to make this filing on behalf on NECT
65. 3-29-2020, ICS NE Tribe announced nominations open, and scheduled “elections” for May 1, 2020. See, 107. ICS NE Tribe – Notifying Nominations & Elections – April 2020, attached hereto as Exhibit 107 and incorporated by reference herein.
    See, 110. ICS NE Tribe 2020-21 elections – Nominees – 5-1-2020, attached hereto as Exhibit 110 and incorporated by reference herein.
    See, 111. ICS NE Tribe 2020-21 Elections – Voting May 1, 2010, attached hereto as Exhibit 111 and incorporated by reference herein.
    >> Details of who had access to the ICS NE TRIBE voting platform server, both physically or via privileged login
    >> Copy of the list of members emailed, including the date emailed, the email address used and the authentication details
    >> Copy of the database records representing NECT members, and their entitlement to vote, username, password capabilities
    >> Copy of the database records representing members authenticated access details, including time/date and duration
    >> Copy of the database records representing each members attempted, successful, and failure to vote
    >> Who are the members of his nominations, and elections committees, who validated the ballots?
    >> Was the voting record preserved, how?
    >> How many notices sent out were rejected because of bad email addresses, copy of all rejected emails
    
66. Shiloh is using “Northeast Comanche Tribe, Inc.” legal name to copyright his photos.
    

    B. Irreparable Harm to Plaintiff and all NECT Members

67. Plaintiffs reallege and incorporate paragraphs 1-[_____] as if fully set forth herein.
68. Delaying a judicial declaration regarding the Contested Election will allow irreparable harm to Plaintiffs to continue that cannot be fully remedied by a later declaration.
69. Plaintiff has alleged and shown ongoing harm to NECT by Defendant, and unless Defendant is enjoined from impersonating NECT and the NECT Chief, the harm to NECT’s ability to fulfill its charitable purpose will be incalculable, including loss of dues and death and dismemberment of Comanche pilots and members of the public as a foreseeable consequence, and money damages would not repair the harm. See, e.g., Pilot and Instructor killed in Comanche accident.
70. Harm to one’s reputation, [particularly when it affects one’s career,] may constitute irreparable harm. See e.g., Flying Cross Check, L.L.C. v. Central Hockey League, Inc., 153 F.Supp.2d 1253, 1259 (D. Kan. 2001) (“loss of business reputation and loss of future economic opportunities to [the plaintiff] qualifies as irreparable harm because of the extreme difficulty and uncertainty in proving and calculating the same in this case.”); Fireworks Spectacular, Inc. v. Premier Pyrotechnics, Inc., 86 F.Supp.2d 1102, 1108 (D. Kan. 2000) (finding irreparable harm due to “extreme difficulty and uncertainty in restoring goodwill among customers and regaining the business of customers”); Zurn Constructors, Inc. v. B.F. Goodrich Co., 685 F.Supp. 1172, 1181 (D. Kan. 1988) (“loss of customers, loss of goodwill, and threats to a business’; viability can constitute irreparable harm.”).
71. Similarly, both state and federal courts have held that a person has a liberty interest in his good name and reputation. See, e.g. Goss v. Lopez, 419 U.S. 565, 574-75 (1975); Kansas Racing Management, Inc. v. Kansas Racing Comm’n, 244 Kan. 343, 356, 770 P.2d 423 (1989).
72. This irreparable harm can only be avoided by a judicial declaration regarding the Contested Election and an injunction against Defendant’s interference with the charitable mission and impersonation of NECT.
73. [Here, the declaratory judgment requested is purely legal in nature.]
74. Thus, postponement of judicial review would result in an inadequate remedy or irreparable harm for NECT.

IV. PRAYER FOR RELIEF
WHEREFORE, for the foregoing reasons, Plaintiff Thomas prays that this Court issue a declaration that CJ Stumpf was duly elected in the Contested Elections; that the slate of officers and directors elected at the 9-28-2019, and 1-23-2020 meetings of the NECT members validly occupy their offices; for an order temporarily enjoining Defendant Shiloh from taking or making any public or non-public action or representation that he holds any office of NECT and taking action on behalf of NECT including, without limitation, making false filings with the Kansas Secretary of State, collecting the dues of NECT, and in any way interfering with the ability of NECT to fulfill its charitable mission; order removal of false corporate filings, and for other such relief as this Court deems just and proper.

Respectfully Submitted,
/s/ Marc S. Wilson
Marc S. Wilson KS#22428
SECURITAS FINANCIAL LAW, LLC
7227 Metcalf Avenue, Ste. 201
Overland Park, KS 66204
Telephone: (816) 527-9207
Facsimile: (816) 527-9267
marc@securitas.law
ATTORNEY FOR PLAINTIFF LESLIE THOMAS