Get free daily email updates

Syndicate this site - RSS

Recent Posts

Blogger Menu

Click here to blog

Barry Jantz

Breaking News: Federal Court strikes down provisions of City of San Diego’s campaign finance laws

In a partial rebuke to the City of San Diego that will likely have broader implications, a federal court today declared unconstitutional a city-hoped for $1,000 limit on the amount political parties can donate to local candidates, while further striking down the existing prohibition on candidates spending personal money 12 months in advance of an election.

In a summary judgement on nine separate cross-motions in the case of Thalheimer vs. City of San Diego, Chief Judge Irma Gonzalez of the U.S. District Court’s Southern California division ruled in favor of some of the plaintiff’s motions, while denying others, as follows:

  • City prohibition on candidates spending their own money prior to the twelve-month period — GRANTED for Plaintiffs.
  • City barring the making and accepting contributions prior to the twelve-month period — GRANTED for the City.
  • City imposing a $500 limit on individual contributions to candidates — GRANTED for the City.
  • City ban on contributions to candidates by political parties — GRANTED for Plaintiffs.
  • City banning contributions to candidates by non-individuals other than political parties — GRANTED for the City.
  • City $500 limit on individual contributions to committees making independent expenditures — GRANTED for Plaintiffs.   According to the ruling, “This includes contributions by individuals and non-individuals to political parties making independent expenditures. This does not include the $500 limit on individual contributions to these committees to the extent those committees make direct contributions to candidates, which the City may continue to enforce.”
  • City ban on contributions by non-individuals to committees making independent expenditures — GRANTED for Plaintiffs. “This includes contributions by non-individuals to political parties making independent expenditures,” reads the document.
  • City’s $1,000 limit on contributions to candidates by political parties — GRANTED for Plaintiffs.
  • City imposing a $500 individual limit on contributions to political parties making direct contributions to candidates — GRANTED for the City.

With the 32-page document still being analyzed by campaign professionals and legal analysts, it seems clear the overall gist of the ruling is to uphold contribution limits made directly to candidates, while generally declaring unconstitutional any limits on the campaign activities of political parties, as well as non-individuals (corporations and unions) involved in independent expenditures.  The court also struck down any limits on individual candidates being able to spend their personal monies when they deem fit, even if more than 12 months prior to an election.