Appeal Court Strikes Down FPPC Contribution Limits on Candidate-Sponsored Ballot Measure Committees
Today the Court of Appeal for the Third Appellate District upheld a preliminary injunction granted by a trial court, striking down FPPC regulations that imposed limits on contributions toballot measure committees that are controlled by candidates. The decision in this case, Citizens to Save California v. FPPC, can be read by clicking on the link below.
You might recall that after the recall of Governor Davis, which included a proliferation of unlimited contributions to issue-oriented political committees that were controlled by candidates for state-wide office, the FPPC promulgated a regulation (2 Cal. Code Regs sec. 18530.9) that imposed the contribution limit applicable to state candidates (e.g., Governor or state Legislature) on the issue-oriented committees controlled by the candidate.
The problem as noted by the Court of Appeal, is that this regulation flatly contradicts established law under the Political Reform Act in Government Code section 85303and, of no small level of significance, also violated established US Supreme Court precedent in Citizens Against Rent Control v. Berkeley (1981) 454 U.S. 290.
This case is a good… Read More