Citizens for Clean Government v. City of San Diego

The City of San Diego bans contributions exceeding $250 to any committee supporting or opposing a candidate for City Council office. San Diego Municipal Code (SDMC) § 27.2935 (2005). This limit applies to recall efforts because the term “candidate” includes a “City officeholder who becomes the subject of a recall election.” Id. § 27.2903.

In this case, Citizens for Clean Government (“Citizens”) argues that the contribution limit is unconstitutional as applied to the signature-gathering phase of a recall election. San Diego asserts its ordinance is valid under Buckley v. Valeo, 424 U.S. 1 , 96 S.Ct. 612 , 46 L.Ed.2d 659 (1976), and the district court agreed. It denied Citizens’ request for preliminary injunctive relief, and this court affirmed. The parties then stipulated to a final judgment against Citizens. We now vacate and remand.

I.

The recall election of a City Councilman in San Diego (“the City”) proceeds in two phases. In the first phase, recall proponents must gather the signatures of at least 15 percent of the voters in the council district. SDMC § 27.2703 (2000). They may begin collecting signatures 21 days after they publish a notice of intent to circulate a recall…