Campaign-flier creators won't face Provo charge

PROVO — The Provo city attorney will not charge the political activists responsible for a controversial mayoral-race campaign mailer, saying there is insufficient proof that the creators knew the statements were false.

In a four-page document, Provo City Attorney Robert West wrote that Provo's campaign-literature ordinance, which makes it a crime to publish false statements in campaign hand-outs and mailers, had to be applied narrowly so free-speech rights were not violated.

West also said there wasn't enough proof that the people who created and distributed the flier — a group calling itself Provo Residents for Good City Government, a political action committee primarily funded by local businessmen Richard Rawle and Scott Felsted — knew the information was incorrect but distributed it anyway.

The mailer in question quoted unsuccessful candidate David Bailey as saying he would appoint Nancy Jane Woodside, a former top leader of the Utah Democratic Party, as the city's chief administrative officer if he was successful in unseating Provo Mayor Lewis Billings.

The campaign flier, sent to Provo Republicans three days before the Nov. 8 election, said Bailey made the statement during the October luncheon of the Democratic Women of Utah County — a statement a number of people who attended the meeting say they never heard. The flier also told residents to guard against letting a "small minority" elect "a mayor who does not reflect Provo's conservative values." The flier listed state Sens. Curt Bramble and Parley Hellewell; state Reps. Jeff Alexander, Margaret Dayton, Brad Daw, Lorie Fowlke, Craig Frank, Becky Lockhart and Aaron Tilton; and Utah County Commissioner Steve White as supporters of the mailer.

Woodside, who worked as a volunteer on Bailey's campaign, asked Provo police to investigate the mailer, citing the Provo ordinance. The maximum punishment for the Class B misdemeanor is six months in jail and a $1,000 fine.

Police completed an investigation in December.

Investigators asked the city attorney to only weigh the actions of Rawle when weighing charges.

Rawle and Felsted paid for the majority of the mailer. Rawle, owner of Check City, was the major donor, giving $4,119.63 to the PAC. Felsted, owner of Gold's Gym, contributed $1,000. Rawle did not immediately return a phone call seeking comment. The mailer cost $5,219.63 to create, print and mail.

Woodside, who now serves as county administrator for Grand County, could not be reached for comment on Friday.

Provo spokeswoman Raylene Ireland said the mayor's office had an arm's-length relationship with the attorney's office during the investigation to avoid the appearance of influencing the outcome.

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