United States Ninth Circuit

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
• 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.