[EL] Philadelphia Code RE: ELB News and Commentary 7/26/12
JBoppjr at aol.com
JBoppjr at aol.com
Fri Jul 27 04:55:46 PDT 2012
As Adam has presented the questions, he seems to have a meritorious case.
But what is particularly troubling to me about this scheme is treating
legal expenses as subject to contribution limits at all.
On a policy level, this is a sure fire way for incumbents to
manipulate the system to their advantage. All they have to do is pass a law that
cripples a challenger and she then has a Hobson's Choice: either suffer the
law, even if blatantly unconstitutional, or drain all her campaign cash to
pay lawyers. Very troubling in my view. Jim Bopp
In a message dated 7/26/2012 3:06:14 P.M. Eastern Daylight Time,
adam at boninlaw.com writes:
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_ (mailto: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
_“Rep.’s Debt To Cozen Is Campaign Contribution, Judge Says”_
(http://electionlawblog.org/?p=37569)
Posted on _July 26, 2012 8:49 am_ (http://electionlawblog.org/?p=37569)
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.”
(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=37569&title=“Rep.’
s%20Debt%20To%20Cozen%20Is%20Campaign%20Contribution,%20Judge%20Says”&description=)
Posted in _campaign finance_ (http://electionlawblog.org/?cat=10) |
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