The lawsuit is the second that Denham or his allies have filed in the race for the 10th Congressional District, newly redrawn to include Stanislaus County and part of San Joaquin County. A Sacramento County judge rejected an earlier lawsuit challenging Hernandez’s ability to identify himself as an astronaut.

The ad in question, citing a previously obscure procedural vote, accuses Denham of “turning his back” on members of the military and says he “won’t defend our troops.” Citing another vote, the ad further charges that Denham “wouldn’t guarantee pay for troops” even as he “guaranteed pay for himself.”

Denham is a member of the House Veterans’ Affairs Committee and has authored several bills on behalf of veterans. Enlisting at the age of 17, he served 16 years in the Air Force and Air Force Reserve.

The ad relies on an April 7, 2011, funding package to keep the federal government running. Democrats in the House of Representatives proposed sending the package back to committee to add a guarantee that troops would be paid if the government shut down. The minority party often offers this so-called “motion to recommit” as a symbolic gesture, and it always loses.

All but two House Republicans voted against this motion to recommit, after a debate that lasted about a minute. All but four Democrats – one of whom was Democratic then-Rep. Dennis Cardoza of Atwater – voted for the motion. Two days later, the gamesmanship ended when the House voted by a bipartisan 348-70 to keep funding the government.

The other House vote the anti-Denham ad cites, also held last year, involved some convoluted political theater, as well. Denham voted against one symbolic Democratic measure that purported to withhold congressional pay in the case of a government shutdown but then voted for a Republican measure that essentially did the same.

The GOP measure passed the House and then, as everyone knew would happen at the time, it died in the Senate.