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Greenbaum v. Bailey

United States Court of Appeals, Tenth Circuit

March 31, 2015

NEAL GREENBAUM; VICTOR JURY; DALE ARMSTRONG; GAIL ARMSTRONG, Plaintiffs,
v.
AMY BAILEY, in her official capacity as the Clerk for the City of Albuquerque; CITY OF ALBUQUERQUE BOARD OF ETHICS AND CAMPAIGN PRACTICES, in its official capacity, Defendants. ROBERT TORCH, Intervenor-Plaintiff, and GIANT CAB COMPANY, Intervenor-Plaintiff - Appellee, COMMITTEE TO ELECT PETE DINELLI MAYOR, Intervenor - Appellant, NEW MEXICO ATTORNEY GENERAL'S OFFICE, Amicus Curiae

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO. (D.C. NO. 1:13-CV-00426-MCA-ACT).

Kristina Caffrey (Michael J. Cadigan with her on the briefs), Albuquerque, New Mexico, for Intervenor-Appellant, Committee to Elect Pete Dinelli Mayor.

Colin L. Hunter, Barnett Law Firm, P.A. (Alfred A. Park, Park & Associates, LLC, and Jason R. Bowles, Bowles Law Firm, with him on the briefs), Albuquerque, New Mexico, for Intervenor-Plaintiff - Appellee, Giant Cab Company.

Gary K. King, Attorney General, and Phillip Baca, Assistant Attorney General, State of New Mexico, Office of the Attorney General, on the brief for Amicus Curiae State of New Mexico.

Before BRISCOE, Chief Judge, MURPHY, and MATHESON, Circuit Judges.

OPINION

MURPHY, Circuit Judge.

I. Introduction

Intervenor-Appellant, the Committee to Elect Pete Dinelli Mayor (the " Committee" ),

Page 1241

appeals from the district court's ruling that a provision of the Albuquerque City Charter limiting campaign contributions is unconstitutional. The original defendants chose not to appeal. The Committee, an intervenor whose interests were aligned with the original defendants, however, filed a notice of appeal. Plaintiff-Intervenor-Appellee, Giant Cab Company (" Giant Cab" ), moved to dismiss the appeal, arguing the Committee lacks standing because it does not have a direct stake in the outcome of the appeal. See Hollingsworth v. Perry, 133 S.Ct. 2652, 2662, 186 L.Ed.2d 768 (2013). The Committee asserts it has the right to enforce the limitation on campaign contributions, giving it a personal stake in the outcome.

This court concludes the citizen-complaint provision of the Albuquerque Election Code does not give the Committee a personal stake in the litigation. Accordingly, we grant Giant Cab's motion and dismiss this appeal.

II. Background

In 2007, the Albuquerque City Charter was amended to add the following subsection (f) to Article XIII, § 4:

No candidate shall accept a contribution in support of the candidate's campaign from any corporation, limited liability company, firm, partnership, joint stock company or similar business entity or any agent making a contribution on behalf of such a business entity. No candidate shall accept a contribution in support of the candidate's campaign from any person, other than a City employee, who at the time of ...

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