Attack criticized by Republicans

Republicans are riled up over an ad campaign set to launch today with an attack on former federal Judge Brian Sandoval, the frontrunner in the campaign for governor.

The ad by the Committee to Protect Nevada Jobs bashes Sandoval for his role in a 2003 legal dispute between former Gov. Kenny Guinn and the Legislature.

"We're spending somewhere north of $100,000 a week," said Dan Hart, who is behind the ad campaign, of the statewide ad buy. "We're buying the channels and the programs where the voters are."

The case in the ad, Guinn v. Legislature, culminated with a controversial decision in which the Nevada Supreme Court ruled the Legislature could increase taxes to fund education with a simple majority vote, though voters previously had approved a provision to the state constitution stating tax increases required a two-thirds vote by the Legislature.

According to the ad, Sandoval "worked to overthrow the will of the people" by "using the courts to force an $800 million tax increase" in the case because he was attorney general at the time and argued on behalf of Guinn.

Sandoval and the Republican Governors Association criticized the ad campaign, Sandoval because he disputes the premise and the association because the committee behind it is led by Hart, a consultant who has worked extensively on behalf of Democratic gubernatorial candidate Rory Reid.

"Essentially it is a lie," Sandoval said.

At the time of the dispute, the Legislature had missed a deadline to approve a new state budget, largely because of disagreement over how to pay for a portion of an estimated $1.65 billion in education spending.

A group of Republican legislators opposed raising taxes, and there weren't enough votes in favor to meet the two-thirds requirement to raise taxes.

Guinn, with Sandoval acting as his attorney, filed a lawsuit arguing that the constitution required the Legislature to balance the budget and fund education.

In a surprise ruling, the state Supreme Court said the Legislature could bypass the two-thirds requirement needed to raise taxes, but by then one of the Republican holdouts changed positions, and the issue was moot.

Sandoval maintains that throughout the controversy he never called for a tax increase and was surprised and disappointed in the ruling, which was later overturned.

He points to testimony he delivered to the Legislature in 2003 in which he said, "This office is not going to opine on how you accomplish balancing the budget, only that you must balance the budget by July 1, 2003."

Las Vegas attorney Dan Polsenberg, who argued against Sandoval in the case, agreed that Sandoval merely called for a balanced budget and didn't advocate for a tax increase.

"I don't think you could say that Sandoval asked to raise taxes," Polsenberg said.

The Republican Governors Association focused its criticism on Hart's political action committee, accusing it of acting on behalf of Reid.

With polls showing Reid would have a better chance of winning a general election against incumbent Gov. Jim Gibbons than against Sandoval, they say Hart is seeking to hurt Sandoval in the primary.

"Rory Reid and this PAC are not permitted to coordinate, but given their history and Hart's long-standing financial dependence on Rory, you've got to ask some questions," said Tim Murtaugh, spokesman for the Republican Governors Association.

"Hart is helping Rory's campaign for governor by attacking Republicans, and we're asked to believe that they suddenly don't talk anymore? They should fully disclose any communications they've had since February."

They pointed to campaign finance records showing Reid paid Hart $600,000 for work on previous campaigns from 2001-06.

Hart and a spokesman for Reid's campaign have said there is no coordination. Republicans didn't produce evidence proving a connection.

"We've been very careful about no overlap, no coordination or control," Hart said Monday.

"It is done independently of this campaign," Reid spokesman Mike Trask said when asked Friday about the group.

Campaign finance laws restrict coordination between campaigns and PACs.

Bradley Schrager, counsel to the Nevada State Democratic Party, said the coordination allegation is a stretch.

"Without evidence of improper coordination, there is really no complaint," Schrager said.

Contact reporter Benjamin Spillman at bspillman@reviewjournal.com or 702-477-3861.