On February 16, U.S. District Court Judge Irma Gonzalez enjoined a San Diego city ordinance that makes it illegal for political parties to contribute any money to candidates for city office. All California city elections are non-partisan. Thalheimer v City of San Diego, 09-cv-2862.

There were other issues in the case. The judge also enjoined a city ordinance that made it illegal for a candidate to spend his or her own money on the campaign more than 12 months before the election. And, she enjoined a city ordinance that made it illegal for individuals to donate more than $500 to a committee that is making independent expenditures for or against any candidates for city office. She declined to enjoin other ordinances: (1) one that makes it illegal for a candidate to receive contributions more than 12 months before the election; (2) one that makes it illegal for groups, other than political parties, to contribute directly to a candidate; (3) the $500 contribution limit from individuals to candidates for city office. Thanks to Rick Hasen for this news.

Frederic von Anholt says he will file paperwork on February 18 with the California Secretary of State, in preparation for for his independent candidacy for Governor. The petitioning period does not begin until April and runs through August. He will need 173,041 valid signatures, due August 6. See this story.

As noted earlier, if he qualifies, he will be California’s first independent candidate for Governor to have his name printed on a government-printed ballot. Although two gubernatorial candidates have used the California independent procedures in the past, neither was a true independent. Ed Clark was the Libertarian nominee in 1978, and he used the independent procedure because the Libertarian Party wasn’t on the ballot. Theodore Bell used the independent procedure in 1918, but he was the Democratic Party’s nominee. The 1918 Democratic Party primary had left the party with no nominee, so the party backed Bell and used the independent procedure. The problem the Democrats had in 1918 was that the man who won the Democratic nomination was a registered Republican, but he had also run in the Republican primary and had lost that primary. California law at the time permitted fusion, but someone who lost his own primary but won the primary of another party was excluded from the general election ballot.

On February 15, the brief was filed in Greene v Bartlett, U.S. District Court, western district. This is the case that challenges the North Carolina independent candidate ballot access procedures, for U.S. House. They are so severe, North Carolina has never had an independent candidate for U.S. House on any government-printed ballot. North Carolina has been using government-printed ballots since 1901.

This lawsuit was filed in 2008, but has been delayed until now.