Chiu

San Franciscans Supporting Prop B v. Chiu

Good Law
United States District Court, Northern District of CaliforniaJune 1, 20223:22-cv-02785California4,508 words

Opinion

Trial Court Opinion

I. BACKGROUND

11 A. Statutory Scheme 12 Under California law, any person or group of people that raises at least $2,000 or 13 spends at least $1,000 for political purposes in a given year must register as a committee. 14 Cal. Gov’t Code § 82013. Political advertising by committees is subject to a plethora of 15 disclaimer and disclosure requirements under California and San Francisco law. See, e.g. 16 Cal. Gov’t Code §§ 84200, 84200.5, 84202.3, 84203, 84502; see also, e.g., SF Code 17 § 1.161. 18 As relevant here, San Francisco voters enacted a new disclaimer requirement when 19 they approved Proposition F in 2019. Prop F passed with 76.89% of the vote. See RJN 20 Ex. B (dkt. 31-2) at 6; Fed. R. Evid. 201(b). Under Prop F, all ads paid for by “primarily 21 formed” independent expenditure and ballot measure committees must include a 22 disclaimer identifying the committee’s top three donors of $5,000 or more. SF Code 23 § 1.161(a)(1). If one of those contributors is itself a committee, the ad must also disclose 24 that committee’s top two donors of $5,000 or more in the last five months. Id. In all ads 25 other than audio ads, the names of both primary and secondary…

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