Farris v. Seabrook
2012 U.S. App. LEXIS 7870
9th Cir.2012Background
- Washington provides a recall procedure for elected officials, including court review of charges and ballot synopsis before signature collection.
- The challenged statute § 42.17A.405(3) caps contributions to recall committees at $800 (monetary and in-kind).
- Farris formed the Recall Dale Washam committee, filed recall charges, and obtained a ballot synopsis approved by the Washington Supreme Court for Pierce County Assessor-Treasurer Washam.
- PDC issued and then withdrew administrative charges but stated the recall contribution limits still apply during the recall, and the suit challenged the $800 cap.
- The district court granted a preliminary injunction prohibiting enforcement of § 42.17A.405(3) during the 2011 recall campaign; the Ninth Circuit addressed mootness and standard of review.
- The panel concluded the appeal remains capable of repetition and not moot, and proceeded to analyze the Winter/Colloquy factors for injunctive relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of the $800 recall contribution limit | Farris argues First Amendment violation | Seabrook argues limit closely drawn to anti-corruption interest | Unconstitutional; injunction proper |
| Whether the district court properly applied Winter factors or harmless error | District court erred in relying on Cottrell without merit on merits | Court properly weighed factors | Winter factors satisfied; injunction affirmed |
Key Cases Cited
- Randall v. Sorrell, 548 U.S. 230 (U.S. 2006) (contribution limits may be upheld if closely drawn to important interest)
- Buckley v. Valeo, 424 U.S. 1 (U.S. 1976) (contribution limits permissible to prevent corruption)
- Citizens United v. FEC, 130 S. Ct. 876 (Supreme Court 2010) (spending limits and coordination considerations affect constitutional analysis)
- Long Beach Area Chamber of Commerce v. City of Long Beach, 603 F.3d 684 (9th Cir. 2010) (limits on contributions to independent/recall-like entities may be unconstitutional when not closely tied to candidates)
- Cal. Med. Ass'n v. FEC, 453 U.S. 182 (U.S. 1981) (limits on multicandidate committees justified by corruption concerns)