FARRIS v. SEABROOK

No. 11-35620.

667 F.3d 1051 (2012)

Robin FARRIS; Recall Dale Washam, a Washington political committee; Oldfield & Helsdon, PLLC, a Washington professional limited liability company, Plaintiffs-Appellees, v. Dave SEABROOK, Chair; Barry Sehlin, Vice Chair; Jennifer Joly; Jim Clements, in their Official Capacities as Officers and Members of the Washington State Public Disclosure Commission; Doug Ellis, in His Official Capacity as Interim Executive Director of the Washington State Public Disclosure Commission, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed January 19, 2012.


Attorney(s) appearing for the Case

Robert M. McKenna , Attorney General; Linda A. Dalton , Senior Assistant Attorney General (argued), Olympia, WA, for appellants.

Jeffrey P. Helsdon , Oldfield & Helsdon, PLLC, Firecrest, WA, William Maurer (argued) and Jeanette Petersen , Institute for Justice, Seattle, WA, Paul Avelar , Tempe, AZ, for appellees.

Theodore J. Angelis and Taki V. Flevaris (argued), K & L Gates, Seattle, WA, for amici curiae Wisconsin Democracy Campaign and Washington Public Campaigns.

Allen Dickerson , Alexandria, VA, for amicus curiae Center for Competitive Politics.

Before: RAYMOND C. FISHER, RICHARD A. PAEZ and RICHARD R. CLIFTON, Circuit Judges.


OPINION

FISHER, Circuit Judge:

The district court granted a preliminary injunction prohibiting the State of Washington from enforcing its limitation on contributions to political committees supporting the recall of a state or county official. We conclude that the plaintiffs satisfied their burden under Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008), to demonstrate...

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