Monday, September 15, 2014

THEY'RE BAA-ACCKKK!: Natl Democratic Attorneys General Group Moves Forward With A $1M Ad In Arizona; Appeals Previous Case To Supreme Court

(2nd Update, 4:55pm: CJF Treasurer Dana Bykowski/GC-CJF Chair Priscilla Marquez confirm to Arizona's Politics that the ad buy in Tucson will be approximately $230,000.  That will bring the total to slightly over $1,000,000.)

(UPDATE, 1:15pm: As Arizona's Politics was "going to press" with an article indicating that CJF/DAGA were proceeding with expenditures without having registered, we received a return phone call from the Committee for Justice and Fairness. Dana Bykowski, the Treasurer for CJF indicates that the buyer inadvertently made the buy on behalf of CJF instead of the new CJF spinoff called the "Grand Canyon Committee for Justice & Fairness." GC-CJF did register with the Secretary of State's Office on July 14, 2014 - although they did file their first ("no activity") report late in August. Bykowski indicates that the buyer will amend its contracts with the Phoenix TV stations.  The initial article was very different, and apologies to the guest contributor, who proceeded based on correct information that became outdated; the original article is below the jump.)

The Democratic Attorneys General Association ("DAGA") is back. It spent heavily in Arizona in 2010, and has been paying the price ever since. Today, Arizona's Politics is reporting, DAGA is  preparing a $1,000,000 ad buy, slightly changing the name of their now-infamous attack ad committee.

Last week, DAGA's attack ad arm, the Committee for Justice and Fairness ("CJF"), appealed its 2010 case to the Arizona Supreme Court.  Earlier this year, the Arizona Court of Appeals found that CJF had violated Arizona campaign laws by not registering as a political committee before unleashing a scathing ad against then-State Supt. of Public Instruction and GOP nominee for Attorney General Tom Horne.

CJF has argued - is still arguing - that the law is unconstitutional, and that the ad was not campaign-related - it was simply urging Horne's Public Instruction constituents to call and express concerns.

Now, CJF has formed the Grand Canyon Committee for Justice & Fairness ("GC-CJF"), and have worked out a $777,666.67 Phoenix market ad campaign to begin October 14 and ending Election Day morning (November 4).  That heavy buy does not include Tucson, Flagstaff, Yuma and/or cable, and does not include the production costs.

Arizona's Politics has covered the CJF/DAGA saga extensively in the past (here is the infamous ad), and will continue to keep a close eye on these new developments.



(Attorney Paul Weich, of the Law Offices of Paul Weich, contributed to the reporting of this article.  Mr. Weich has represented a number of campaign and election law clients in the past.)

The Democratic Attorneys General Association ("DAGA") took the risky approach in Arizona in 2010, and has been paying the price ever since. Today, Arizona's Politics is reporting, DAGA is taking the even riskier approach in 2014, preparing a $1,000,000 ad buy before registering with the Arizona Secretary of State.

Last week, DAGA's attack ad arm, the Committee for Justice and Fairness ("CJF"), appealed its 2010 case to the Arizona Supreme Court.  Earlier this year, the Arizona Court of Appeals found that CJF had violated Arizona campaign laws by not registering as a political committee before unleashing a scathing ad against then-State Supt. of Public Instruction and GOP nominee for Attorney General Tom Horne.

CJF has argued - is still arguing - that the law is unconstitutional, and that the ad was not campaign-related - it was simply urging Horne's Public Instruction constituents to call and express concerns.

At least in 2010, CJF had (has) its argument that the attackee was a current elected official.  The new ad being prepared mentions both GOP nominee Mark Brnovich and Democratic nominee Felecia Rotellini.  Neither are currently in a government position - let alone an elected position.

CJF has already retained a media buying firm (Canal Partners Media) and has worked out a $777,666.67 Phoenix market ad campaign to begin October 14 and ending Election Day morning (November 4).  That heavy buy does not include Tucson, Flagstaff, Yuma and/or cable, and does not include the production costs.

Arizona law requires a committee to register with the Secretary of State if they "intend" to make expenditures, and to do it before accepting contributions or making expenditures.

Arizona's Politics has covered the CJF/DAGA saga extensively in the past, and will continue to keep a close eye on these new developments.
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