Sunday, January 22, 2012

Political Parties Win Campaign Finance Lawsuit Against City of San ...

On January 20, a U.S. District Court struck down several campaign finance restrictions enacted in 1973 by the city of San Diego. Here is the 32-page opinion in Thalheimer v City of San Diego, 09-cv-2862. Probably the most important part of the decision is the deference that the court paid to political parties.

The decision upholds a contribution limit of $500 from individuals to candidates for city office. It also upholds a ban on direct corporate contributions to candidates. But it strikes down a contribution limit of $1,000 from political parties to candidates. The decision explains that parties are intended to represent their members, by aggregating contributions and broadcasting messages more wisely than individual contributors generally could afford to do.? Because parties are large groups of like-minded citizens, they are entitled to a larger contribution limit.

There are other issues in the case. The decision strikes down a law that prevents candidates from contributing to their own campaign more than a year before the election (the city didn?t even try to defend that law), but upholds a law making it illegal for anyone else to make a contribution more than a year before the election. Thanks to Rick Hasen for the link.

Source: http://www.ballot-access.org/2012/01/21/political-parties-win-campaign-finance-lawsuit-against-city-of-san-diego/

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