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SAN JOSE SILICON VALLEY CHAMBER OF COMMERCE POLITICAL ACTION COMMITTEE v. CITY OF SAN JOSE

No. 06-17001.

546 F.3d 1087 (2008)

SAN JOSE SILICON VALLEY CHAMBER OF COMMERCE POLITICAL ACTION COMMITTEE, an unincorporated association; COMPAC Issued Fund, Sponsored by the San Jose Silicon Valley Chamber of Commerce, an unincorporated association, Plaintiffs-Appellees, v. The CITY OF SAN JOSE; San Jose Elections Commission, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 14, 2008.

Attorney(s) appearing for the Case

George Rios, Assistant City Attorney, and Lisa Herrick, Senior Deputy City Attorney, San Jose, CA, for the defendants-appellants.

James R. Sutton and Gabe Camarillo, The Sutton Law Firm, San Francisco, CA, for the plaintiffs-appellees.

Jonathan Givner, Deputy City Attorney, San Francisco, CA; Sean P. Trende, Hunton & Williams LLP, Richmond, VA; Daniel R. Ortiz, University of Virginia Law School, Charlottesville, VA; and Deborah B. Caplan, Olson Hagel & Fishburn LLP, Sacramento, CA, for amici curiae.

Before: J. CLIFFORD WALLACE and SUSAN P. GRABER, Circuit Judges, and GEORGE P. SCHIAVELLI, District Judge.

GRABER, Circuit Judge:

Defendant City of San Jose enacted a campaign finance reform measure, including San Jose Municipal Code section 12.06.310, that requires political organizations to collect no more than $250 per person for campaigning in certain local elections. Plaintiffs San Jose Silicon Valley Chamber of Commerce Political Action Committee and COMPAC Issues Fund, which are local political organizations, collected more than $250 per person and actively campaigned...

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