Judge to rule today on Sandoval ads

Carson District Judge James Wilson said he will rule today on whether a Virginia non-profit must register as a political action committee to run ads supporting Brian Sandoval's gubernatorial run.

Secretary of State Ross Miller filed for an injunction blocking the ads, saying the Alliance for America's Future is precluded from political activity in Nevada until it registers, disclosing its officers and contributors. He won a temporary restraining order from Wilson last week halting the use of the TV ads until the legal issue is settled.

The ad praises Sandoval as a conservative, cites his opposition to any tax increases and lists his campaign website among other things.

The Alliance refused to register, saying that was a violation of its First Amendment rights to free speech.

"This case is about disclosure," said Deputy Attorney General Kerry Benson in a hearing before Wilson Tuesday. "It's not about limiting free speech."

She said the state registration law - a simple two-page form that doesn't even require a fee - is required "so people can understand who is behind speech in order to decide who is trying to influence an election."

Jason Torchinsky, the Virginia lawyer representing the Alliance, said the TV ad doesn't even mention Sandoval is running for governor and doesn't urge people to vote for him. He said it doesn't fit the definition of express advocacy necessary to require the Alliance to register and disclose anything. He said its purpose is simply "to educate the public on the issues" by spelling out Sandoval's stance on several issues.

"How is Brian Sandoval's position on the issues relative to anything other than the election he is running in?" Wilson asked.

Pressing the issue, he asked Torchinsky: "Can you tell me with a straight face this is not intended to get people to vote for Brian Sandoval?"

Trochinsky said he couldn't answer that question "because I didn't ask my client that."

After the hearing, he told reporters in the hallway exposing the names of donors could expose them to retaliation and "chill future contributions."

Pointing out that he understands early voting is under way and that the primary is a week away, Wilson promised a decision no later than 5 p.m. today.