CHULA VISTA CITIZENS FOR JOBS AND FAIR v. NORRIS

No. 12-55726.

782 F.3d 520 (2015)

CHULA VISTA CITIZENS FOR JOBS AND FAIR COMPETITION; Lori Kneebone; Larry Breitfelder; Associated Builders and Contractors of San Diego, Inc., Plaintiffs-Appellants, v. Donna NORRIS; Mayor Cheryl Cox; Pamela Bensoussan; Steve Castaneda; John McCann, in his official capacity as Member of the Chula Vista City Council; Rudy Ramirez, Jr., in his official Capacity as Member of the Chula Vista City Council, Defendants-Appellees, State of California, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 3, 2015.


Attorney(s) appearing for the Case

James Bopp, Jr. (argued), and Richard E. Coleson , Bopp Law Firm, Terre Haute, IN; Charles H. Bell, Jr. , and Brian T. Hildreth , Bell, McAndrews & Hiltachk, Sacramento, CA; Gary D. Leasure , Workman Leasure, San Deigo, CA, for Plaintiffs-Appellants.

Charles A. Bird (argued), McKenna Long & Aldridge, San Diego, CA, for Defendants-Appellees.

George Waters (argued), Deputy Attorney General; Kamala D. Harris , Attorney General; Douglas J. Woods , Senior Assistant Attorney General; Peter A. Krause , Supervising Deputy Attorney General, Sacramento, CA, for Intervenor-Defendant-Appellee.

Dennis J. Herrera , City Attorney; Christine Van Aken , Chief of Appellate Litigation; Joshua S. White and Andrew Shen , Deputy City Attorneys, San Francisco City Attorney's Office, San Francisco, CA, for Amici Curiae League of California Cities.

Before: SIDNEY R. THOMAS, Chief Judge, and STEPHEN REINHARDT, BARRY G. SILVERMAN, SUSAN P. GRABER, M. MARGARET MCKEOWN, WILLIAM A. FLETCHER, RONALD M. GOULD, RICHARD C. TALLMAN, JOHNNIE B. RAWLINSON, CONSUELO M. CALLAHAN, and N. RANDY SMITH, Circuit Judges.


OPINION

The plaintiffs in this case bring a First Amendment challenge to two requirements that the State of California and the City of Chula Vista, California, place on persons who wish to sponsor a local ballot measure: (1) the requirement that the official proponent of a ballot measure be an elector, thereby...

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