Wells failed to file as a political committee with the commissioner of political practices, Motl ruled. By using the WBSC name he had purchased, and claiming Brown was “our only choice” instead of “my only choice,” Wells misled voters by suggesting a group, and not Wells alone, was endorsing Brown.

He also failed to attribute himself as the source of ads endorsing Brown in the Clark Fork Valley Press. His name was listed in similar ads in the Sanders County Ledger, but Motl termed that a “hollow attribution as the entity listed had not filed as a political committee.”

To differentiate between the civic group and Wells, Motl labeled them WBSC1 and WBSC2.

“WBSC1 and WBSC2 share the same name and could be easily confused, thereby misleading voters,” Motl wrote. “If attribution is to have any purpose at all it must be applied vigorously in this matter so that voters understand who, or what, is funding the advertisement they are looking at.”

Hidy said Wells was well aware of the civic group, and charged that he “filed for the name for purposes of deception.”