IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF CLACKAMAS

TIM REEVES, DAVID TERRY, M CARLING, GREG G BURNETT, and RICHARD BURKE, as Members and Officers of the LIBERTARIAN PARTY OF OREGON, Plaintiffs, vs. WES WAGNER and LIBERTARIAN PARTY OF OREGON, Defendants.

Case No. CV 12010345 WES WAGNERS DECLARATION IN SUPPORT OF WES WAGNERS ORCP 21 MOTIONS

I, Wes Wagner, declare under penalty of perjury: Prior to the March 12, 2011 LPO Annual Convention, I was the duly elected Vice Chairperson for the Libertarian Party of Oregon (hereafter LPO). On March 12, 2011 Jeff Weston, who until that day had been the LPO Chairperson, aka LPO State Chairperson, resigned from the office of LPO Chairperson. Upon Mr. Westons above-described resignation, by operation of 2009 LPO Bylaw Article V, 2 B, I became the LPO Chairperson and LPO State Chairperson. Pursuant to the 2009 LPO Bylaws Article V, 3 A, one duty of the State Chairperson is be the spokesperson for the LPO. Pursuant to the current Constitution and Bylaws for the LPO, Article 4, 2, the Chairperson is the Chief Executive Officer of the LPO. In my capacity as LPO Chairperson I have access to the records for the LPO.

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WES WAGNERS DECLARATION IN SUPPORT OF WES WAGNERS ORCP 21 MOTIONS

I have reviewed the records for the LPO and it is based on that review that I make the following declarations: 1. On March 12, 2011 Jeff Weston resigned from the office of LPO Chairperson; 2. TIM REEVES has not filed an application for membership in the LPO or paid his dues to the LPO for more than 12 months prior to January 16, 2012; 3. DAVID TERRY has not filed an application for membership in the LPO or paid his dues to the LPO for more than 12 months prior to January 16, 2012; 4. M CARLING has not filed an application for membership in the LPO or paid his dues to the LPO for more than 12 months prior to January 16, 2012; 5. GREG G BURNETT has not filed an application for membership in the LPO or paid his dues to the LPO for more than 12 months prior to January 16, 2012; and 6. RICHARD BURKE has not filed an application for membership in the LPO or paid his dues to the LPO for more than 12 months prior to January 16, 2012. I HEREBY DECLARE THAT THE ABOVE STATEMENTS ARE TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND THAT I UNDERSTAND THEY ARE MADE FOR USE AS EVIDENCE IN COURT AND THEY ARE SUBJECT TO PENALTY FOR PERJURY. Dated this 7th day of March 2012.

Wes Wagner

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WES WAGNERS DECLARATION IN SUPPORT OF WES WAGNERS ORCP 21 MOTIONS

Certificate of Service On March 7, 2012 I mailed true copies of this document to: Tyler Smith Nathan Goin Tyler Smith & Associates, P.C. 181 N. Grant Street, Suite 212 Canby, OR 97013 C. Robert Steringer Harrang Long Gary Rudnick P.C. 1001 SW 5th Ave 16th Flr Portland OR 97204

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WES WAGNERS DECLARATION IN SUPPORT OF WES WAGNERS ORCP 21 MOTIONS

James E. Leuenberger

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WES WAGNERS DECLARATION IN SUPPORT OF WES WAGNERS ORCP 21 MOTIONS