[EL] Philadelphia Code RE: ELB News and Commentary 7/26/12

[Adam Bonin]

The Brady case in the item below is one I've been working on for five years
now, and it's understandable that the story doesn't quite get it right since
neither did the Judge. Basically, there are three questions involved:

 

1.       What law applies in a declaratory judgment action filed in 2008 to
post-election fundraising for a debt incurred for a 2007 campaign - the law
in existence at the time, or subsequent revisions to Philadelphia's campaign
finance laws?

2.       Assuming the prior law applies, does it count as a "contribution"
if a failed candidate attempts to raise funds after his defeat, when the law
at the time limited contributions to funds provided "to influence the
outcome of an election" (which clearly can't happen once you lose) and
unlike the state law on which the City law was based, specifically excluded
post-election debt relief as a form of contribution?

3.       Do funds spent (or debts incurred) by a candidate to preserve his
right of access to the ballot, when his financial disclosures are
challenged, constitute "expenditures" under the law when they were not done
"for the purpose of influencing the outcome of an election" but rather in
order to preserve his right to participate in the election.

 

 

Adam C. Bonin
The Law Office of Adam C. Bonin
1900 Market Street, 4th Floor
Philadelphia, PA 19103
(215) 864-8002 (w)
(215) 701-2321 (f)
(267) 242-5014 (c)

adam at boninlaw.com

http://www.boninlaw.com <http://www.boninlaw.com/> 

 

 

 

From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick
Hasen
Sent: Thursday, July 26, 2012 12:05 PM
To: law-election at UCI.edu
Subject: [EL] ELB News and Commentary 7/26/12


 <http://electionlawblog.org/?p=37569> "Rep.'s Debt To Cozen Is Campaign
Contribution, Judge Says" 


Posted on  <http://electionlawblog.org/?p=37569> July 26, 2012 8:49 am by
Rick Hasen <http://electionlawblog.org/?author=3>  

Law360.com
<http://www.law360.com/legalindustry/articles/363789/rep-s-debt-to-cozen-is-
campaign-contribution-judge-says> : " The $500,000 in legal expenses Rep.
Bob Brady, D-Pa., owes Cozen O'Connor for work on his unsuccessful 2007
Philadelphia mayoral bid is a campaign expense under city election law that
exceeds campaign contribution limits, a Pennsylvania judge ruled in a
decision made available Monday."

 
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