Judge Davis VanderVelde Allows Proposition 1 Television Ads

Canyon County Judge Davis VanderVelde declined to stop television advertisements supporting Proposition 1, ruling late Friday that the ads did not violate Idaho campaign-finance law.

The decision allows local television stations to continue airing the advertisements while questions raised in the lawsuit remain unresolved.

Challenge to Advertising Arrangement

Tom Luna, a Republican Party operative, and three Too Extreme for Idaho board members filed the case Tuesday morning. They challenged advertising connected to Idahoans United for Women and Families, the Idaho Democratic Party and Terri Pickens.

The plaintiffs oppose Proposition 1, which would restore abortion rights. They alleged that Idahoans United for Women and Families, which qualified the measure for the ballot, obscured the original source of money used for the ads.

In recent weeks, the organization contributed more than $720,000 to the Idaho Democratic Party. The party then bought advertising through Pickens’ campaign. The transactions cited in the complaint are available through Idaho’s campaign-finance database.

Judge Finds Insufficient Evidence

VanderVelde found no evidence that Idahoans United for Women and Families retained control over the money after making its contribution to the Democratic Party.

“Ultimately, Plaintiffs’ assertion that the monies from IUWF were specifically contributed for support of Proposition 1 with the intent of concealing the original donor for such advertisements requires logical leaps that are not fully supported by the evidence,” VanderVelde wrote.

The judge said legal issues remain over whether the advertisements promote a candidate or a ballot proposition, as well as whether discounted political advertising rates should apply. Candidates receive substantial broadcast-advertising discounts during the 60 days before an election.

Luna and the three other plaintiffs disagreed with the ruling. “Let’s make sure we turn our frustration into action by showing up on Election Day,” Luna said.

The Idaho Democratic Party did not immediately respond to a request for comment late Friday night.