Fppc

Convinced that the absence of limits on contributions to ballot measure committees controlled by candidates permitted candidates to circumvent statutory restrictions on campaign contributions, the California Fair Political Practices Commission (FPPC) promulgated a regulation limiting contributions to such committees. (Cal. Code Regs., tit. 2, § 18530.9 (hereafter regulation 18530.9).) In a legal challenge to the regulation brought by a campaign committee and a candidate, the trial court concluded plaintiffs would likely prevail on their claims that the regulation is unconstitutional and exceeded the FPPC’s statutory authority. Because it believed plaintiffs would otherwise suffer irreparable harm by virtue of the regulation’s chilling effect on the exercise of First Amendment rights, the trial court granted plaintiffs’ request for a preliminary injunction pending trial.

Whatever the wisdom of the FPPC’s effort to plug loopholes in California’s campaign contribution regulatory scheme, we agree with the trial court’s determination that the regulation conflicts with multiple provisions of the Political Reform Act of 1974 (PRA; Gov. Code, § 81000 et seq.) and thereby exceeds…