Secretary Land denied the request on the ground that the Nominating Committee Report has been published continuously in the Official Journal since 1985, pursuant to a Board resolution adopted in September of 1984. Plaintiff Howard J. Fezell was nominated to be a candidate for election to the Board of Directors of the NRA by members' petition. Lastly, he sought an assurance that the report of the Nominating Committee listing that committee's nominees would not be printed in the 1998 Ballot Issue of the official journals. When plaintiff Fezell received no response to his letter, this action was commenced. The remaining plaintiffs were nominated to be candidates for election to the Board by members' petition in the Fall of 1997, and are all presently candidates for the 1998 election.
Plaintiffs seek preliminary injunctiverelief, attorneys' fees and costs.
The NRA opposes the motion and cross-moves for dismissal of the complaint. Finally, defendant points out that the report of the Nominating Committee has been published in every succeeding official journal since1985 without protest. Evidence outside the four corners of the document as to what was reallyintended but unstated or misstated is generally inadmissible to add to or vary the writing. Based upon the foregoing principles of law, the court can reach only one conclusion with respect to the bylaw at issue. It says what it says in very unambiguous terms, i.e., that no person nominated by petition or by Nominating Committee shall be so designated in both the official journals of the NRA or on the official ballot.