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Republicans File Suit to Knock Out Political Giving Restrictions

On December 21, the Republican Party, its Lincoln Club, a political action committee of the Associated Builders and Contractors, and others filed suit in federal court to eliminate certain long-time election donation restrictions in San Diego. Defendants include the City, the mayor, the city attorney, and members of the Ethics Commission. The suit argues that the donation restrictions violate the First Amendment of the U.S. Constitution. The primary plaintiff is Phil Thalheimer, who lost in the run for first district councilmember last year. He says in the suit that he intends to run in the first district again unless the city creates a ninth district. However, he complains, he would be up against an incumbent, Sherri Lightner, to whom he lost in the last election. Thalheimer complains that he is put in a bind because it is unlawful for him to solicit contributions, do advertising, send out flyers, etc. until 12 months before the primary. This puts him at a disadvantage against the incumbent, he argues.

Another plaintiff is John Nienstedt, Sr., of Competitive Edge Research & Communication. Nienstedt complains that he is restricted from giving more than $500 to candidates of his choice.

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On December 21, the Republican Party, its Lincoln Club, a political action committee of the Associated Builders and Contractors, and others filed suit in federal court to eliminate certain long-time election donation restrictions in San Diego. Defendants include the City, the mayor, the city attorney, and members of the Ethics Commission. The suit argues that the donation restrictions violate the First Amendment of the U.S. Constitution. The primary plaintiff is Phil Thalheimer, who lost in the run for first district councilmember last year. He says in the suit that he intends to run in the first district again unless the city creates a ninth district. However, he complains, he would be up against an incumbent, Sherri Lightner, to whom he lost in the last election. Thalheimer complains that he is put in a bind because it is unlawful for him to solicit contributions, do advertising, send out flyers, etc. until 12 months before the primary. This puts him at a disadvantage against the incumbent, he argues.

Another plaintiff is John Nienstedt, Sr., of Competitive Edge Research & Communication. Nienstedt complains that he is restricted from giving more than $500 to candidates of his choice.

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