U.S. I.{Tf

BEFORE THE UNITED STATES

F'EDERAL ELECTION COMMISSION

BARRY MICHAELSCandidate for U.S. Senate

9708 Gilespie Street,Suite 104Las Vegas, NV 89183

QAÐ 41s-0e05e-mail : nevadaonly@yahoo. com

MUR: I.{Tf

Complainant

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KLAS TV 83228 Chanrtel 8 Dr,Las Vegas, NV 89109(702) 7e2-8888

Nexstar Media Group, Inc.545 East John Carpenter FreewaySuite 700Irving, TX75062(e72) 373-8800

KT'\rN-TVSarkes Taruian,lnc.4925 Energy V/ayReno, NV 89502(77s) 8s8-2222

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Respondents,

COMPLAINT

l. This complaint is filed pursuant to 52 U.S.C. 30109(a)(1) and is based on information

provided by Respondent KLAS TV.

I. THE PARTIES

L

MUR748400001

l. Complainant Barry Michaels is a natural person and citizen of the United States of

America, a non-partisan registered voter and an Independent Candidate for U. S. Senate

residing in Las Vegas, Nevada.

2. Respondent KLAS - TV ("defendant KLAS") is a Las Vegas television station owned

and operated by Nexstar Media Group, Inc. a foreign corporation doing business in the

State of Nevada.

3. Respondent KTVN is a Reno, Nevada television station owned by Sarkes Tarzian,lnc.

is a foreign corporation doing business in Nevada.

OPENING STATEMENT

Today more than ever, Americans want a greater choice when casting their vote for political

candiclates. Our two-party system is no longer fiurctioning as intended while Congress often

stanclstill and remains silent. More and more voters are choosing to separate themselves liom

political parties and register as independents. Nearly one third of all voters (31 1,388) in Nevada

have disassociatecl themselves tiorn either party and deserve to hear an alternative voice in the

upcoming debate.

Even though lndependents represent a large segment of votels. candidates who choose to run as

Inclependeut's face extensive hurclles and are often silenced by party influence. Public debates

are a critical nteans wher:eby a cancliclate's voice can be hearcl and discriminating against that

surely amounts to an illegal means of influencing our elective system and doing irreparable

harm. Public interest is best servecl by allor'virig debates to take place with multiple candidates

r.r,ith diflfurent views

2

MUR748400002

THE LAW

$i 11 CFR 110.13 Candiclate cleb¿tes.

(a) Staging organizations.

(b) Debate structure. 'Ihe structure of debates staged in accordance withthis section and I 1 CFR 1 14.4(Ð is left to the discretion of the staging

olganizations(s), provideci that :

(1) Such debates include at least two candidates; and

(2) T'he staging organization(s) does not structure the debates to promote

or advance one candidate over another.

(c) Crìteríøfor candìclate selectìon For all debates, staging

organization(s) must use pre-establisheci objective criteria to determine which

candidates may participate in a debate. For general election debates, staging

organizations(s) shall n<rt use nomination by a particulzu political party as the sole

objective criterion to determine whether to include a candidate in a debate. For

debates held prior to a primary election, caucus or convention. staging

organizations may restrict candidate participation to candidates seeking the

nomination of one party, zurcl need not stage a debate for candidates seeking the

nomination of any other political pzuty or indepenclent candidates.

STATEMENT OF FACTS

l. Complainant is one of only five candidates currently running for the U.S. Senate in

Nevada and the only Independent (non-partisan) to appeff on the Nevada general election

ballot for 2018 election.

2. On July 30, 2018 Complainant received a three-page letter from Respondent (KLAS)

(attached herein as EXHIBIT A) regarding the participation in their upcoming U.S.

Senate debate scheduled for October 4,2018.

3. Page 2, Paragraph 3, Section a - g of EXHIBIT A specifies their requirements for an

active campaign needed to participate in their debate. Complainant fulfills all of the

requirements in paragraphs I - 3.

3

MUR748400003

,/ Complainant maintains a commercial offrce used as his principal campaign

Headquarters.

'/ Complainant maintains a campaign phone number.

./ Complainant campaign website: www. BarryForUSSenate.co¡:t

/ Complainant has appeared and continues to appear at numerous campaign

events and candidate night's.

,/ Complainant has a fundraising page contained on his website and a

campaign Treasurer.

r' Complainant has designed and printed several pieces of campaign

literature.

,/ Complainant has been interviewed several times by the press and

numerous articles about him can be found on the Internet.

r' Complainant also maintains a significant social media presence.

4. However, Page 3, Section 5 of EXHIBIT A lists an additional requirement. It states'oa

candidate must have reported, on official forms filed with the appropriate election

authority, accepting $50,000 in monetary, as opposed to in-kind, campaign contributions,

at least 25 percent of which must be raised from in-state constituents."

5. According to the letter Complainant must forward all documentation to Respondent by

September 6,2018 in order to qualiff for the debate. However, the FEC reporting period

end September 30, 2018 and due October 15,2018.

6. Aocording to the statute, c{ebate staging organizations must use oopre-established

objective criteria to determine which cancliclates may participate in a debate." I I C.F.R.

$ 1 10.13(c).

4

MUR748400004

7. The FEC has determined that to be objective, a criterion o'must loe free of'content bias,

and not gealed to the selection of certain pre-chosen palticipants."

8. Although the tenn "objective" is not cletined in the regr"rlation itself, it has generally

been describecl by courts as refening to eviclence of "the sort that can be supplied by

disinterested third parties," Bourke v. Dun & Bradstreet Corp., 159 F.3d 1032,lA37

(7th Cir.199S) (internal quotation anc{ citation ornitted¡, "that can lre discovered and

substantiated by external testing"" Thompson v. Sullivan,987 F.2d 1482, 1488-89 (10t1t

C'ir.1993), or evidence tliat is undistortecl "by personal fèelings or prejudices and that

are publicly or inter-subjectively observable or verifiable, especially by scientific

methocls." Association of the Bar ol'the City o1 New York v. Commissioner ol'Internal

Revenue, 858 F.2d 876, 880 (2d Cir.1988) (citation omitted). Objective representations

have also been described "as'representations of previous and present conditions ancl

past events. which are susceptible of exact knowledge ancl correct statement."'Id.

(quoting United Ben. Life Ins. Co. v. Knapp. 175 Okla. 25,5tP.2d963,964 (1935))

BACKGROUND

9. On May 18, 2018, Complainant filed his petition with the Nevada Secretary of State

which included 346 signatures of registered voters in Clark County, Nevada.

10. Complainant filed a financial disclosure with the Nevada Secretary of State.

I l. Complainant also filed a financial disclosure with the Secretary of the U.S. Senate.

5

MUR748400005

12. Complainant is one of only five candidates running for the U.S. Senate in Nevada and

the only Independent (non-partisan) to appear on the general election ballot for the 2018

election.

13. Complainant has reason to believe Respondent's (KLAS) method of selection is

discriminatory and has been arbitrarily and capriciously chosen without objectivity as

required by the I ICFR 110.13(c).

14. Complainant has reason to believe Respondent (KLAS) operated in a manner: designed

to support and perpetuate tire Democrat and Republican candidates by protecting them

fì'orn any political cornpetition.

15. Complainant has reason to believe Respondent's (KLAS) selection of uiteria which

coulcl only be rnet by the Dernocrat and Republican candiciates does not satisfy the FEC's

l 1CFR I10.13(c) rules of "objective".

16. Although the term "objeotive" is not defined in the FEC regulation, its has generally

been described by courts as referring to evidence of the sort that can be supplied by

disinterested third parties. or evidence that is unclistorted by personal feelings or

prejudices and that are publicly or inter-subjectively observable or verifiable, especially

by scientific methods.

17. Political candidate's viability should not be measured by donated amounts. What one

canclidate can do with one amount, another rna,v be able to do with half that amount.

Under Respondent's policy a candidate who receives the maximum personal donation

ftom l8 individuals woulcl bc. considered a valid candidate.

IV. STATEMENT OF CASE

6

MUR748400006

18. As of August 8, 2018 the Nevada Secretary of State indicates there are currently

311,388 active non-partisan registered voters in the State of Nevada (EXHIBIT -).

19. Nevada voters who have registered non-partisan have chosen "nof'to commit

allegiance to any political party and deserve to hear a third and independent candidate.

20. Respondent set their selection method to include two candidates only, the Democrat

and Republican while excluding anyone else.

21. Respondent currently receives revenue from both Republican and Democrat candidates

through their campaigns from ads aired.

EXHIBITS

A. Respondent's Debate Letter

B. Nevada Registered Voters

C. Corporate Charter - Barry Michaels For U.S. Senate 2018

D. 2006 Congress 3'd District Primary Results l5%+

E. Vote Smart online listing

F. BallotPedia online listing

G. Nevada Secretary of State photo being sworn in

H. U.S. Term Pledge thank you

I. August 9,2017 Press Release

J. October ll,20l7 Press Release

K. June 20,2018 Press Release

L. Washington Times Candidate coverage

M. Barry Michaels website Donation Page

7

MUR748400007

N. Barry Michaels Magnetic sign

O. Barry Michaels Twitter Page

P. Barry Michaels Instagram Page

Q. Barry Michaels Facebook Page

R. Barry Michaels Linkedln Page

VERIF'ICATION

The complainant listed below hereby swear under penalty of perjury that the statements made

in the attached Complaint are, upon their information and belief, true. Sworn pursuant to 18

u.s.c. $lo0r.

Barry Michaels

Sworn to and subscribed before me this ffi^rof August 2018

V{"

Notary

I

MELANIE V BLUMELLNotary Public, State of Nevada

Appointment No. 99'58219-1

Appt. Expires SePt 17, 2019My

MUR748400008

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F ti È Æ, R¡" éFq¡ rþ fÞj. :.:eWffiÃÞHtri,MEDIA GROUP, INC,

July 27,2018

Mr. Barry Michaels9708 Gillespie St.Suite 104Las Vegas, NV 89183

Dear Mr. Michaels,

KLAS TV 8 is planning to produce a live state-wide U.S. Senate's debate at {INLV on Thursday,

9ctober 4th, ?018 from 6:30-7:30 p.m. The debate will air on KLAS (CBS) in southern Nevada and onKT'fN (CBS) in northern Nevada along with a live stream on each station's respective onlineproperties (www.lasvegasnow.com and www.l<t-r,n.gorl ). We are continuing to work with Univision tocarry the debate statewide to reach the increasingly important Hispanic market and discussions havebeen started to secure a radio partner.

Enclosed, please find our Nexstar Candidate Criteria. This information will provide the guidelinesrequired for candidates seeking the office of U.S. Senate for the state of Nevada, to participate in thescheduled October 4th debate. The supporting documentation will need to be submitted to KLASNews Director, Terri Foley, at TFoley@LasV_egasNow.con 4 weeks prior to the finalized date. KLASwill review the data submitted with a final review completed I week prior to the scheduled debate,whereasfina1invitatio''[email protected] date, the submission to KLÃS would be due by 5:00 p.m. PST on September 6, 2018 with afinal review on Septemb er 27th. If this date changes, we will provide the new timeline.

The race for U.S. Senate representing the state of Nevada is continuing to gain national attention.KLAS is fully committed to producing a respectful, quality debate that will allow each of the qualifiedcandidates to present their stance and plans for the fi¡ture of Nevada.

If you should have any questions, please feel free to reach out to me at or by e-maii:lhowfi eld@lasvesasnow. com.

Sincerely

X.,rw I,MLisa HowfieldVice President & General Manager, KLAS TV I

Lhowfi eld@l asve gasnow. corÌl

(Enclosure)

EXHIBIT A

MUR748400009

Nexstar Media Group Debate CriteriaJulv 2018

Nexstar Broadcasting Inc. is committed to hosting fair and open debates among qualifiedcandidates as part of the Company's mission to inform the public and assist voters in makingimportant electoral decisions. To determine who is a qualified candidate, the Company has

adopted the following objective and non-discriminatory criteria to govem which candidates are

eligible to participate in Company-sponsored debates. In order to be eligible to participate, a

candidate must comply with ø// sections of this policy.

1. A candidate must be legally qualified and (x) listed on the ballot for the office thecandidate is seeking or (y) be a write-in candidate who meets all of the legalqualifications required by the federal, state or municipal government for the office beingsought and has filed the appropriate papers for write-in status.

2. A candidate must have publiciy announced his or her candidacy in a public forum. Forthe purposes of this section, "public forum" inciudes an announcement of candidacy on

the Internet.3. A candidate must be activeiy campaigning for election in the jurisdiction he or she is

seeking to represent for the office he or she is seeking. To meet the definition of an activecampaign, a candidate must have all of the following:

J a. A campaign headquarters with a paid and/or volunteer staff that is open to thepublic during business hours. For the purposes of this subsection, a campaignheadquarters may not be a private residence, but may be a business address used

7 primarily for non-campaign purposes; and,/ þ. A campaign phone line; and

€ ". A publicized, dedicated candidate-specific website or web page; and

,/ d. Planned in-district appearances or invitations to appear and/or speak at pubiicgatherings; and

/ p Monetary contributions and a campaign treasurer; and,/ f. Campaign literature; and

lg. Press coverage identifying the candidate as a candidate in the current election byat least eight unique ne\Ms reports in media (e.g. newspapers, TV, cable news,radio, or online news websites that are recognizedby local and/or national media).

4. If a candidate meets at least five but not all of the requirements in Section 3 above (and

and can show either: *meets the requirements in Section 5

a. He or received a minimum of 5 percent for a primary election, or 10

percent for a general election, support in an established, professionally conductednonpartisan poll without taking the survey's margin of error into account, or

b. The percentage of votes cast for the candidate in a previous election within thefour years immediately preceding the current election exceeds a minimum of 20

percent of votes for the same ofÍice or a comparable office,the candidate is eligible to participate in the debate.

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MUR748400010

5. In addition to the requirements of Sections 1-4 inclusive, a candidate for a state or federaloffice must have reported, on official forms filed with the appropriate election authority,accepting at least $I9Q!9 in monetary, as opposed to in-kind, campaign contributions, atleast 25 percent of which must be raised from in-state constituents. For local offices, acandidate must have reported, on official forms filed with the appropriate electionauthority, having accepted at ieast $15,000 in campaign contributions.

6. Nexstar Broadcasting Inc. and its affiliates, ønpioyees, agents and servants shall notguarantee to any candidate or candidate's campaign, verbally or in writing, that thecandidate will be included in a debate until the requirements of this policy, and each ofthem, have been satisfied to the satisfaction ofNexstar Broadcasting Inc. and itsaffiliates.

As

MUR748400011

Office of Nevada Secretary of State Barbara K. Cegavske

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ot.T

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Statewide

White Pine

Washoe

Storey

Pershing

Nye

Mineral

Lyon

Lincoln

Lander

Humboldt

Eureka

Esmeralda

,Lu<o

Douglas

Clark

Churchill

Carson City

County

564,22?

T,LAL

90,287

722

52CI

7,LV7

836

7,859

590

507

1,37r

99

1t2

4,0L6

7,693

429,679

2,527

9,098

Democrat

64,?56

26t

l_L,506

2t5

1_1_5

'J,,947

161

2,31_6

t47

14t

374

62

53

1,299

L,62'1,

42,300

68û

1",558

IndependentAmerican

14,595

3L

3,749

45

19

286

t7

428

18

1.9

72

6

9

305

377

9,237

138

340

[ibertarian

311,388

772

52,031

537

450

5,040

403

6,42r

353

509

L,369

723

76

4,734

5,568

275,6L3

2,L65

5,224

Nonpartisan

L4,235

20

3,218

L5

8

157

t3

242

L2

1"0

34

1.

6

1,10

155

9,946

59

229

gther

498,082

7,280

95,119

l_,580

1,,337

13,511

3.,098

L7,615

t,67tL,743

4,033

705

343

L3,L64

I8,274

303,593

7,87?

13,549

Republican

1,467,279

4,505

256,009

3,114

2,444

28,118

2,528

3¿1,881

2,79L

2,929

7,253

996

589

23,628

33,688

1,020,357

Fursuant to state and federal law there may be a change in the number af registered voters after a statewide general election due to requiredmaintenance of the statewide voter registration list.This report has been generated from Nevada's statewide voter registration d¿tabase. The transmission of registration information between thÊ rnrntieç and thf

;ä#siï:iï.ï;'#ï::i:r,-ffi,liJili,Tiri;ås a resurt, the nurnbers refrected in this report mav not representresistrarion number EXHIBIT B

following votqr statuses: active, inactive, and P-17. Not all county databases may have voters in all voter status categories.

MUR748400012

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i, Barbara K. Cegavske, the duly elected and qualified Nevada Secretary of State, do hereby certiffthat BARRY MICIIAELS FORU.S. SENATE 2û18, did onAugust 9,2t17, flie in this office theoriginat .ArLicles of Incorporation; that said Arlicies of Incorporation a¡e noq¡ on file and ofrecordin the office of the Secretary of State of the State of Nevada, and further, that said Articles containall the provisions required bythe law of said State of Nevada.

IN IVITNESS V/HEREOF,I have hereunto setmyhand and affixed the Great Seal of State, at myoffice onAugust 10, 2017.

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eJ^.*KWCedified By: Erica AyalaCeÉifi cate Number: C2O1 7 O81 O-OT 41You may veriffthis ceÉificateonline at http:/lwww.nvsos. govl

Ba¡bara K. Cegavske

Secretary of State

EXHIBIT C

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Barry Mrchaels' Biography - The Voter's Self Defense Systern - Vote Smart,,r¡Li :r Ji:i:l I i,;Jai

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BarrY Michaels - BallotPedia

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Barry Michaels

Barry Michaels is a 2018 independent candidate

seeking election'o't''* U'S' Senate from Nevada't1j

Michaels was a 2016 Democratic candidate who sought

election to the U'$' þtouse to represent the 3rd

C*ngressional n'ãt'¡*t of Nevada' Michaels was defeated

by Ja*ky Rosen'n'n* Democratic primary'tzl

Michaels was a Kf.,lzDemocratic candidate who sought

election to the U'S' House to represent the 3rd

tonçressional Ont'Ot of Nevada' He was defeated in the

Democratic primary on June 1?.' 2A12'

frePort an office

Next election

Bachelor's

How

directionRePublican

tndePendentholder

November

parties?

UniversitY of

Nevada, Las Vegas

\Nebsite

will 2018 influence the

of the Demscratic and

change i rl

t,I eiography

- r^

Michaels obtained his B'A' and M'A' from the University of

Ñuuudu, Las Vegas't31

I er*.tions

201 I &JeYada'

See also: Ltnited Sfsfes Sensle eÍeçtion m

Get the imPortant Democratic or

RePublican Party news from

BallotPedia this Primary season'

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6,2018

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4\General electionn_

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Us Press Releases Services Pricing & Comparison Chart Distribution Contact

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heye were 645 présÉ releases posted in thê lâst 24 hours and 156,628 in the last 365 World Media Direçtory- . ffi nSS 'i; Effiãil NewslÉftêr

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larry M¡chaels U.S. Senate Nevada 201 I r

ìhallenges Federal Gun Control Act

nate Candidate barred>m protecting himsetf fightstck

Contact

.S VEGAS, NEVADA, UNITEDATES, August 9,2A17NPresswire.comi - EEIIycha.ets is running for U.S.,nate in Nevada but is unablepossess a firearm in his home

self-defense because he's âon and federal law prohibits all

ons from possessing a firearm,en those with non-violentnvictions.

: lhaels decided to challenges law in federal court and on

'y 27th his attorney M!çheeLE.

¡¿n filed their Ope¡jng Brjefh the 9th Circuit Court ofpeals. He alleges a provision

the Federal Gun Control Actapplied to him and millions of¡er similarly situated law-iding citizens, violate theirrstitutional right under thecond Amendment, "the right ofr people to keep and bearns, shall not be infringed."

:haels alleges that thetute's original purposc was to¡tect the public from violentrnders. He believes that thetute is too broad as written1should have been narrowly

Barry Michaels

Barry Michaels or Michael E. Zapin

Barry Miehaels for U.S. Senate 2018

7 02.415.0905 or 56 1 .843.5352

emailps he¡g

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PRESSWIRE

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This is article draft.

Dean Heller Challenged By Local BusinessmanFor Senate SeatNevada Has a 3rd and Better Choice ForU.S. Senate in 2018

LAS VEGAS, NEVADA, CLARK, October11, 2017 iElNPresswire.com/ -- Underordinary circumstances Barrv Michaelswould be considered a well qualifiedcandidate given his fifty plus years ofbusiness experience and multiplegraduate degrees. Add to this, hisknowledge of lnternational Relations,Middle East and Latin American politics,lnternational Terrorism, Law and the U.S,Constitution.

The problem for Barry, he is a convictedfelon who in 1997 plead guilt to securitiesfraud and was sentenced to 21 months.After completing his sentence in 1999Barry returned to school where hegraduated from the University of Nevada,Las Vegas, with a Bachelor's in PoliticalScience and a Master's in PublicAdministration and continues to be activein several businesses along with public charities.

Although Barry has never held public office, he is not new to the Las Vegas political scene having runseveral times for Nevada's 3rd congressional district. lt was

tA during this time Barry learned it was the party's, not thell candidates who contlolled elections. So,'like many other

I believe political party's are Americans, Barry is fed up with our two party system and hasdestroying our great nation. I chosen to run as a non-partisan lndependent Candidate freeurge you to vote for the from all party influence,"BEST CANDIDATE", ratherthan the political party" IVIost people who know Barry think of him as a visionary who

Barry lt4ichaels spent much of his career creating new ideas and businesses.since entering rhe poriric.' "*Ë ?,ilä, EXHlgff ¿unique plans which will create newjobs, fund small businesses, forgivii

health insurance for everyone all revenue neutral.

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l.S. Senate Candidate Proposes $2S,000 lncomeãx Credit for Têachers

ilping to promotelucation by recagnizingr teachers and the role

=y play in the /lves of our

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,S VEGAS, NEVADA,,ARK, June 2û, 2018NPtgsswire.co. ml -- Barry:haels. a well known Lasoas businessrnan, is runningthe U.S. Senate in Nevada

C is p_æSþ¡ele_êþCIul

-¡cation. Barry believes:rything begins with.rcation whether it's in therle, or the classroom.

ren elected, Barry's first plan

rction will be to introduce aru legislative bill he calls:¡e National Teachers Taxlief Act of 2019". Thisislation will provide every K2 public school teacher with25,000 a year federalome tax credit. Since mostchers are grossly underpaid; tax medit will help retaincurrent public school

chers as well as attract new:s to this notoriouslyierpaid profession.

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Barry Michaeis

Barry Michaels For U.S. Senate 2018

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HCIME \ TL-TCTIOruS \ NËVADA \ BARRY MICHAËLS

i Nevada

H Barry Michaels

arry Michaels ïl¡as az*t6 Democratic candidate who sought election to the U.S. House tr:present the 3rd Congressional District of Nevada. Michaels was defeated by lacþ Rosen inre Dernocratic primary. Michaels was azalz Democratic candidate who sought election to the.S. House to represent the 3rd Congressional District of Nevada. He was defeated in theremocratic primary on lune Lz, zotz.

Ipcoming Race

r Office: U.5.Senate Nevada

r Number of Seats Up for Election: l

o Year:2018

. Distr¡ct Name: Nevada

. Distr¡ct Type: State

. Office Level: Federal

r Office Branch: Legislative

r Office Chamber: Upper

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Barry Michaels For U.S. Senate - 2018(*ßnrry4{J SSsnaTe

lndependent Candidate for the U.S. Senate with knowledge,experience, common sense and vision to make Nevada and thenation a better place.

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Barry Michaels For U.S. Senate - 2018 @ßarry4tJ$Se.., '1hls Jacky Rosen and Dean Heller afraid to have me in theirdebate? Voters should have a choice other than the twoparty puppets. #jackyrosen #deanheller #demccraTs#re pu b I ica ns @ Reno,... in sta g ratï .corn/plß I Sfv{ pcf Yn 3xxl"..

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