Group appeals injunction against pro-Sandoval ads

A group barred by injunction from placing ads praising Republican gubernatorial candidate Brian Sandoval on airwaves in Nevada is asking the state supreme court for relief.

Late Wednesday the Alliance for America's Future, an independent, Republican-backed group from Virgina, filed a notice of appeal asking the supreme court to overturn a June 2 decision by district court judge James E. Wilson in Carson City.

Wilson issued an injunction barring the Alliance from running ads praising Sandoval until the group registers with the Secretary of State as a political action committee, or PAC, and discloses the source of its funds.

Lawyers for the Alliance argued they didn't meet the state's definition of a PAC because they didn't engage in "express advocacy" on behalf of Sandoval by telling viewers to cast a ballot on his behalf.

The Alliance lawyers also argued disclosure requirements "are unconstitutional because they are discriminatory, chill speech by disfavored speakers and violate the First Amendment."

In their case appeal statement filed Wednesday, Alliance attorneys added "Settlement of this case is extremely unlikely due to the important First Amendment and statutory construction issues involved."

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 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 independent, 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.

Even though the pro-Sandoval ads were ordered off-air before the June 8 primary, Sandoval won the nomination handily over incumbent Gov. Jim Gibbons.

Sandoval now faces Democrat Rory Reid in the general election.