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

Fri Jul 27 05:13:08 PDT 2012

Subsequent to (and likely on account of) our case, City Council passed legislation enabling the creation of Litigation Fund Committees for City campaigns, effectively doubling the contribution limits for campaigns when necessary “to pay professional fees and related costs incurred in defense of a civil, criminal, or administrative proceeding arising directly out of the conduct of the candidate’s election campaign or participation in a covered election, such as a nomination petition challenge, a recount proceeding, or a Board investigation.”

(Current limits are $2900/individual/year, $11,500 from PACs, partnerships, and sole proprietorships.)

--Adam

From: JBoppjr at aol.com [mailto:JBoppjr at aol.com] 
Sent: Friday, July 27, 2012 7:56 AM
To: adam at boninlaw.com; rhasen at law.uci.edu; law-election at uci.edu
Subject: Re: [EL] Philadelphia Code RE: ELB News and Commentary 7/26/12

    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

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  <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.”

 <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D37569&title=%E2%80%9CRep.%E2%80%99s%20Debt%20To%20Cozen%20Is%20Campaign%20Contribution%2C%20Judge%20Says%E2%80%9D&description=> http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=37569&title=â??Rep.â??s Debt To Cozen Is Campaign Contribution, Judge Saysâ?&description=

Posted in campaign finance <http://electionlawblog.org/?cat=10>  | Comments Off 

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