75°F
weather icon Windy

Muth’s conservative group fined for work in mail campaign

CARSON CITY — The conservative group Citizen Outreach, led by Boulder City Review columnist Chuck Muth, has been fined $10,000, plus attorneys fees and costs of $7,600, for failing to file campaign expense reports detailing the source of funds to pay for mailers criticizing then-Assemblyman John Oceguera in his 2010 re-election campaign.

The judgment on behalf of Secretary of State Ross Miller was filed by District Judge James Todd Russell of Carson City on July 8.

Russell ordered the nonprofit group to file its campaign contribution and expense reports to reflect the expenditures within 30 days.

“This was not unexpected,” Muth said in a statement.

“This ruling was by the same judge who had already ruled against us. We asked for reconsideration. He chose to stand by his original ruling. We will now weigh our legal options,” Muth said.

Miller sued Citizen Outreach in 2011 over a pair of mailers sent out criticizing Oceguera in October 2010 by highlighting his record on tax hikes and by accusing him of being “a double-dipping government employee.”

Oceguera, D-Las Vegas, won re-election, but lost a 2012 campaign for the U.S. House of Representatives to Joe Heck last year.

Miller argued the mailers constituted express advocacy “because there is no reasonable interpretation of these communications other than as an appeal to vote for or against a clearly identified candidate on the ballot.”

He also argued Citizen Outreach therefore had to disclose those paying for the mailers as required by state law, a position supported by court rulings in the matter.

Muth told Las Vegas Review-Journal columnist Steve Sebelius that he contends the issue is less clear than the state contends.

First, Muth says, there was no definition of “express advocacy” in state law until 2011, the year after his fliers were mailed. Second, most courts have imposed the “magic words” test, and the fliers contained none of those words. Third, he asks if the state could apply the disclosure requirement to independent political bloggers or others. Fourth, he says disclosure would chill both free speech rights and fundraising.

“To us, it is a free speech issue,” Muth says. “I think we should be able to tell voters information about their elected officials’ records so that voters can make an informed decision.”

Muth has vowed to appeal the case to the Nevada Supreme Court.

Contact Capital Bureau reporter Sean Whaley at swhaley@reviewjournal.com or 775-687-3901.

MOST READ
THE LATEST
Animal Control loses its leader

A number of issues involving pets in Boulder City has been changing at lightning speed over the past several days, culminating in an announcement via social media channels on Tuesday that Animal Control Supervisor Ann Inabnitt will be retiring, effective Dec. 31.

Hundreds expected at pancake breakfast

Regardless of if you prefer to call them pancakes, flapjacks, hotcakes or griddle cakes, they always bring a smile to one’s face.

Church seeks new housing project plan

As the old saying goes, if at first you don’t succeed, try, try again.

A battle over airport business impact

Before the city council voted unanimously to accept a Business Impact Study regarding increasing some fees at the city-owned airport, the lone speaker in public comment — who chose not to identify himself but has spoken multiple times in the past year on issues surrounding the operation of the airport — had one thing on his mind. Fuel costs.

National Night Out(standing)

Hundreds turned out Tuesday night for the annual National Night Out, hosted by the Boulder City Police Department and other agencies. There were plenty of games for the kids, first responders, a softball game between the Boulder City police and fire department, prize drawings and food provided by the Boulder City Elks Lodge.

Breeding moves off backburner

The contentious issue of changing the municipal code in Boulder City to set up a system under which residents interested in breeding cats and dogs would be able to get a license for doing that is not exactly back before the city council for consideration. But it has taken the first step in getting to that point.

New program offered at BCHS

BCHS has a new program it’s offering and students have the opportunity to get the life skills they need. The head wrestling coach, Clinton Garvin, a Boulder City alumni, is making his Boulder City teaching debut with the JAG program at the high school.

National Night Out set for Oct. 8

Over the years, National Night Out has not only become one of Boulder City’s more popular community events but the same can be said across the country.