Judge blocks pro-Sandoval ads

Call it a case of put up or shut up.

On Thursday a judge in Carson City barred a Republican-aligned organization from airing ads in support of gubernatorial candidate Brian Sandoval because the group didn't disclose its backers, purpose or affiliations to the secretary of state.

The temporary restraining order issued by First Judicial District Court Judge James E. Wilson Jr. blocks pro-Sandoval ads from the Virginia-based Alliance for America's Future because the group failed to register as a political action committee, or PAC.

Nevada Secretary of State Ross Miller sought the injunction. He contended that by running positive ads about Sandoval, the leading Republican candidate for governor, the alliance is required to register as a PAC and disclose who is behind the spots.

The restraining order against ads by the alliance is in effect until Tuesday, when a court hearing is scheduled.

Organizers for the alliance say their ad buy had already expired and the spots are off the air.

"It is clearly a First Amendment argument," said Scott Scherer, an attorney for the alliance.

Miller argued in his filing, made via the office of Attorney General Catherine Cortez Masto, that the case isn't about free speech but about the voting public's right to know who is spending big money to support or oppose candidates in Nevada.

Attorneys familiar with the case say if the alliance prevails, it could undermine current disclosure requirements for outside groups seeking to influence Nevada elections.

"Anytime states try to regulate speech, particularly political speech, there can be constitutional problems with that," said Josh Hicks, who worked as an attorney under former Nevada Secretary of State Dean Heller.

The ads in question aired for 12 days on Nevada television stations and presented Sandoval as a conservative who "will oppose any tax increase" and is against government waste. The ads were a response to another independent campaign from a Democrat-aligned group seeking to discredit Sandoval's candidacy.

The Democrat-aligned group called the Committee to Protect Nevada Jobs is led by Dan Hart, a Democratic consultant, and did register as a PAC with the Secretary of State.

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