CITIZENS TO SAVE CALIFORNIA v. FPPC

No. C049642.

52 Cal.Rptr.3d 17 (2006)

145 Cal.App.4th 736

CITIZENS TO SAVE CALIFORNIA et al., Plaintiffs and Respondents, v. CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION, Defendant and Appellant; Arnold Schwarzenegger, as Governor, etc., et al., Interveners and Respondent.

Court of Appeal of California, Third District.

December 8, 2006.


Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Louis R. Mauro, Senior Assistant Attorney General, Christopher E. Krueger, Supervising Deputy Attorney General, and Douglas J. Woods, Deputy Attorney General; Luisa Menchaca, Fair Political Practices Commission General Counsel and Lawrence T. Woodlock, Senior Commission Counsel for Defendant and Appellant.

Paul S. Ryan and J. Gerald Hebert for The Campaign Legal Center, Inc., as Amicus Curiae on behalf of Defendant and Appellant.

Nielsen, Merksamer, Parrinello, Mueller & Naylor, James R. Parrinello, and Christopher E. Skinnell for Plaintiffs and Respondents.

Bell, McAndrews & Hiltachk, Charles H. Bell, Jr., Thomas W. Hiltachk, and Jimmie E. Johnson Interveners and Respondents.


RAYE, J.

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...

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