Thalheimer

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

Presently before the Court is Plaintiffs’ Motion for Preliminary Injunction. Defendant City of San Diego has filed an opposition, and Plaintiffs have filed a reply. The Court heard oral argument on January 25, 2010. For the reasons stated herein, the Court grants in part and denies in part Plaintiffs’ motion.

FACTUAL BACKGROUND

The following facts are drawn from Plaintiffs’ Verified Complaint. The Court sets out only those facts necessary for resolving the requested injunction. Plaintiffs Phil Thalheimer, Associated Builders & Contractors, Inc. San Diego Chapter, Lincoln Club of San Diego County, San Diego County Republican Party, and John Nienstedt (“Plaintiffs”) bring this action challenging the constitutionality of San Diego’s campaign finance laws on First Amendment grounds. Plaintiffs seek to enjoin enforcement of these laws. Plaintiffs’ complaint names as defendants the City of San Diego (“the City”) and several government officials in their official capacity.

Plaintiffs challenge five provisions of the San Diego Municipal Election Campaign Control Ordinance (“ECCO”), arguing they…