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United States Ninth Circuit

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Citizens for Clean Gov't v. City of San Diego, 04-56964

In a case brought by an association seeking the recall of a city councilman arguing that San Diego's contribution limit is unconstitutional as applied to the signature-gathering phase of a recall election, a judgment against the association is vacated where the district court's preliminary decision to apply the less rigorous scrutiny of Buckley v. Valeo, 424 U.S. 1 (1976), was correct, however, the court erred by deciding that the city had a sufficient interest justifying the application of its contribution limits to the signature-gathering phase of a recall election, without requiring further evidentiary development.

Appellate Information

  • Argued 11/15/2006
  • Submitted 11/15/2006
  • Decided 01/19/2007
  • Published 01/19/2007

Judges

  • HALL, Senior Circuit Judge., Before CYNTHIA HOLCOMB HALL, MICHAEL DALY HAWKINS, and SANDRA S. IKUTA, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Steven W. Haskins and Margaret Pitchkolan, Haskins & Associates APC, Bonita, CA, for the appellant.

  • For Appellees:
  • David Brodie and Robert J. Walters, Deputy City Attorneys, San Diego, CA, for the appellee.

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