Pebble Mine opponents are urging voters to oppose candidates who support the huge mining project near Bristol Bay. That's drawn a complaint from Pebble backers, who say the group behind the ads, Alaska Wild Salmon Protection Inc., hasn't filed as a political group with the state.
In a complaint filed last week with the Alaska Public Offices Commission, Truth About Pebble, a nonprofit that supports the proposed copper, gold and molybdemum mine, contends Alaska Wild Salmon Protection is entering into the political campaigns and is violating state law by not filing and reporting as a political group.
Truth About Pebble cites radio ads that began airing earlier this month urging voters to "vote for candidates who oppose Pebble Mine." The ads do not name any specific candidates, but generally take issue with candidates who try to "have to have it both ways on tough issues, like saying I support Pebble Mine and I support Bristol Bay salmon." The ads go on to argue that development of the mine will harm the rich salmon fishery in the region.
Murray Walsh, a Truth About Pebble board member who represents the group in the complaint filing, said the issue is simple. "This anti-Pebble group is engaging in electoral politics," he said. "They are spending money and trying to influence the outcome of the election."
Under state law, groups who spend more than $500 to influence the outcome of an election must register with APOC.
Scott Kendall, an Anchorage attorney who represents Alaska Wild Salmon Protection, said the group doesn't need to register because the ads "are clearly not campaign speech."
Kendall said the key is that the ads do not specify a particular candidate, making them an issue ad not a political campaign ad. Alaska Wild Salmon Protection is a grassroots lobbying group that has been advocating against the Pebble Mine for the last several years. These ads are no different than the group's past public statements opposing the Pebble Mine, Kendall said.
He points to a U.S. Supreme Court decision that held unless an ad or other communication has no other purpose than to support or oppose a candidate, it's not campaign speech.
APOC has accepted the complaint and has asked Alaska Wild Salmon Protection to respond, according to Holly Hill, APOC's executive director.
Kendall said the group will be responding, even though "it's essentially being victimized" for opposing Pebble Mine.
Kendall said it will likely cost Alaska Wild Salmon Protection several thousand dollars to address Truth About Pebble's complaint.
Contact Patti Epler at patti(at)alaskadispatch.com.