9th Circuit blocks enforcement of campaign limits

A federal appeals court has granted the Republican Party of San Diego's request to block enforcement of a city ordinance restricting campaign contributions by political parties in the June 8 primary elections.

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A federal appeals court has granted the Republican Party of San Diego’s request to block enforcement of a city ordinance restricting campaign contributions by political parties in the June 8 primary elections. The Republican Party of San Diego, along with several other plaintiffs, brought a lawsuit challenging five provisions of the city of San Diego’s campaign finance ordinance that they claimed violate the First Amendment. The case has attracted amicus briefs from the local chapter of the American Civil Liberties Union, which supports the plaintiffs, and Common Cause, which backed the city. U.S. District Judge Irma Gonzalez of the Southern District of California granted a preliminary injunction on Feb. 16 blocking the city from enforcing parts of the ordinance, including a prohibition on candidates accepting contributions from political parties. However, the judge stayed the injunction to give the city time to redraft that part of the ordinance. The party filed an emergency motion to lift the stay, arguing that otherwise it would not have the opportunity to exercise its First Amendment rights before the June 8 primaries, which are nonpartisan. The city argued that lifting the stay would allow the party to contribute $20,000 to a candidate running for the San Diego City Council — far in excess of the $500 contribution limit. Gonzalez agreed with the city on April 28 and refused to lift the stay. But on Tuesday, the U.S. Court of Appeals for the 9th Circuit granted the party’s motion lifting the stay. But on Tuesday, the U.S. Court of Appeals for the 9th Circuit granted the party’s motion lifting the stay. A lawyer for the party, James Bopp Jr. of Bopp, Coleson & Bostrom in Terre Haute, Ind., said: “The 9th Circuit agreed with us – not only that the judge was initially correct the law was unconstitutional, but to stay that decision was just intolerable.” He said the party has already contributed the $20,000 to the candidate for City Council. Rick Hasen, a professor and election law expert at Loyola Law School, Los Angeles, who was retained by the city of San Diego in the case, said the city was considering its options. He said the redrafted ordinance, which is expected to become effective within the next month, would allow political parties to contribute to candidates in an amount up to $1,000. “We’re disappointed that the motions panel of the 9th Circuit lifted the stay,” he said. “And even more disappointed that the court provided no reasoning in doing so.” Amanda Bronstad can be contacted at [email protected].

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