Canyon County Judge Davis VanderVelde has declined to halt television advertisements supporting Proposition 1, allowing local stations to continue broadcasting them while a lawsuit proceeds. VanderVelde released his opinion late Friday night.
Canyon County Lawsuit Over Proposition 1 Ads
A Republican Party operative and three board members of Too Extreme for Idaho filed the lawsuit Tuesday morning. The plaintiffs oppose restoring abortion rights under Proposition 1.
The lawsuit alleged that Idahoans United for Women and Families, the Idaho Democratic Party and Terri Pickens concealed who paid for the advertisements. Idahoans United for Women and Families gave the Idaho Democratic Party more than $720,000, and the party purchased advertising through Pickens’ campaign.
Judge Rejects Request to Stop Ads
VanderVelde found that the plaintiffs had not shown the advertisements violated Idaho campaign finance laws. He also found no evidence that Idahoans United for Women and Families continued controlling the donated money or that the Democratic Party lacked final authority over how the funds were spent.
“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 unresolved legal questions remain about whether the advertisements promote a candidate or a proposition. He also identified an open question about whether lower advertising rates available to political candidates during the 60 days before an election should apply.
Plaintiffs Disagree With Idaho Court Decision
Tom Luna and the three other men who brought the lawsuit disagreed with the decision. Luna said he believed voters should respond at the polls.
“I’m sure many voters are as mad as I am about these dirty tricks,” Luna said. “Let’s make sure we turn our frustration into action by showing up on Election Day, making our voices heard, and standing for life.”
The defendants’ attorney argued in court Thursday. The Idaho Democratic Party did not immediately return a request for comment late Friday night.