United States Ninth Circuit

In an action brought by plaintiffs, two associations and two individuals, alleging that certain provisions of the California Elections Code pertaining to initiatives and referenda, as incorporated into the Chula Vista, California Charter, violated the First Amendment, summary judgment for defendants is: 1) affirmed in part as to the elector requirement, where associations do not have a First Amendment right to serve as official proponents of local ballot initiatives; but 2) reversed in part and remanded as to the petition-proponent disclosure requirement, where the requirement did not satisfy exacting scrutiny and therefore sections 9202 and 9207 of the California Elections Code are invalid to the extent that the provisions require official initiative proponents to identify themselves on the face of initiative petitions.

Appellate Information

• Decided 06/16/2014
• Published 06/16/2014

Judges

• O’SCANNLAIN

Court

• United States Ninth Circuit

Counsel