The defendant’s application to the IRS to qualify an organization as a 501(c)(3) charitable organization was a protected activity under CCP 425.16(e)(1) or (2). It was a submission in an official proceeding before an executive agency whose action was not purely ministerial but involved the exercise of judgment and discretion. By contrast, filing of articles of incorporation and a statement of information with the California Secretary of State and an exemption request with the Franchise Tax Board were not protected activity because the articles and statement were simply filed without any action required of the Secretary of State in response, and the exemption request was automatically granted based on the IRS’ prior 501(c)(3) approval.