Justia U.S. 9th Circuit Court of Appeals Opinion Summaries
Articles Posted in Election Law
Thalheimer, et al. v. City of San Diego
This action stemmed from the City of San Diego's Municipal Election Campaign Control Ordinance, San Diego, Cal., Municipal Code ch. 2, art. 7, div. 29, which imposed limitations on campaign finance. Plaintiffs raised a First Amendment challenge to the campaign finance laws. The district court considered the provisions and generally upheld the city's pure contribution limits but enjoined a provision that restricted both the fundraising and spending of independent political committees. Both parties cross-appealed the district court's grant in part of preliminary injunctions for certain provisions at issue. The court affirmed the district court's judgment because the district court properly applied the applicable preliminary injunction standard in the context of the presently discernible rules governing campaign finance restrictions.
Dudum, et al v. Arutz, et al
Plaintiffs filed a suit in federal court seeking injunctive relief against the City and County of San Francisco and its election officials (collectively, "city") alleging that when more than four candidates run for a particular office, the restricted instant runoff voting ("IRV") system precluded some groups of voters from participating to the same extent as others. At issue was whether the district court properly granted summary judgment in favor of the city where plaintiffs alleged that the restricted IRV system was unconstitutional by violating the First Amendment, the Equal Protection and Due Process Clauses of the Fourteenth Amendment, and the Civil Rights Act, 42 U.S.C. 1983. The court held that, if the aspects of the city's restricted IRV system scheme imposed any burdens on voters' constitutional rights to vote, they were minimal at best. The court also held that the city had advanced valid, sufficiently-important interests to justify using its system. Accordingly, the court held that plaintiffs had not established that the city's chosen IRV system was unconstitutional and affirmed summary judgment in favor of the city.