City's Campaign Finance Law Survives

On Friday, the Supreme Court ruled that the City's embattled (and celebrated?) campaign finance legislation is legal under the PA Constitution. With the defeat of the Fattah-Dougherty challenge, we no longer have to worry about whether we will have unregulated money back in our elections.

When the General Assembly rewrote Pennsylvania's campaign-finance laws in 1978, it was silent on the issue of contribution limits. In its recent decision, the state's top court basically had to consider what the Legislature's silence meant.

Did it mean the state was prohibiting campaign-contribution limits in any Pennsylvania races or did it leave the law open for municipalities to enact their own limits, as dozens of municipalities have done across the country?

In its majority opinion, written by Justice Max Baer, the state's top court ruled that it cannot be inferred that the state General Assembly's silence meant it was prohibiting Philadelphia and other cities from enacting their own campaign-finance ordinances.

Now, before the next municipal election season heats up, we should think seriously about improving the law. For example, there is the whole overarching issue of public financing of elections... Maybe we can use the District Attorney race as a pilot program to evaluate it?

Within the law itself, there are additional improvements, too. For example, in the federal law, donation limits are in place for each election cycle. For the City law, they are in place for each calendar year. We should align ourselves with the federal law. And, if there is more concern about the Tom Knox self-funding, we could change what happens to campaign contributions when someone self funds, by letting them triple, instead of double.

Finally, in general, it is good for believers in local control anytime the Court sets a precedent that when the State does not speak about an issue, Philadelphia has the power to act.

Dan, didn't we have a bet on this?

Dan, didn't we have a bet on this?

OK, forget about it - I'll forgive all YPP debts for the New Year. :)

HAPPY NEW YEAR!

WWGjr

P.S. - I think Gar Joseph made a YPP bet on this matter as well.

Dan and Bets . . .

Dan has made a few unsuccessful bets this year.

I am working to elect Larry Farnese to the General Assembly. Unless otherwise expressly stated, this and every comment or blog I post on YPP and any action I take hereon is solely attributable to me and not Farnese or Friends of Farnese

Ours was it. However, when I

Ours was it.

However, when I tried to repay my lunch to Gaetano, he couldn't find the pig at the Reading Terminal, so he went home. Therefore, the bet is paid.

What?

After the ridicule from the first time I couldn't find the pig, do you think I'd miss it a second time?

I am working to elect Larry Farnese to the General Assembly. Unless otherwise expressly stated, this and every comment or blog I post on YPP and any action I take hereon is solely attributable to me and not Farnese or Friends of Farnese

Yay!

And BTW, I remember when a few folks around here predicted disaster (Knox getting elected) as a result of this law staying in place (and using such predictions to justify attempts to repeal the law). In fact, I remember them promising to come back and say "I told you so," and "Don't blame me for Knox getting elected" after the fact.

Well, since Knox didn't win, we know why they haven't kept their promise - but maybe now they could still come back to make suggestions as to how to work with the law to create contingencies to deal with self-financing of campaigns? Or maybe they could help make some form of public financing more a part of Philly elections?

Progressives came together to save campaign finance reform

Yes, DE II is right; there were all those predictions of disaster, coming primarily from Brady supporters and even from a few progressives who thought we had to “compromise” with those who wanted to gut our campaign finance reform laws.

If there is a reform movement in this city, its finest hour came last March when the progressive community came together to lobby city council to prevent weakening our campaign finance reform laws.

A lot of the regular contributors to this blog were among those who basically dropped everything for about a week or so to mobilize the progressive community to save campaign finance reform.

Now we have to move to the next stage.

The answer?

The answer is that the status quo worked -- doubling the limits was enough to help everyone stay competitive. I am so glad we won that fight.

Public financing is the next stage, and if Mayor Nutter wants to make it happen, I will fight to help him make it so.

Yes, and we need to plug the 527 loophole

Yes, we need public financing and we need to plug the 527 loophole. These are the so-called issue oriented PAC’s which are not subject to contribution limits and which can raise unlimited amounts of money as long as they are not coordinated with a campaign. We saw the damage 527’s can do with the Swift boat ads

At the very least, we need to change reporting requirements for 527’s. Remember the ugly ad financed by an anonymous group which called itself One Step Closer and which implied that Michael Nutter was channeling the spirit of Bull Connor. The Committee of 70 characterized the ad as "blatantly racial."

Voters should know who is behind these ads BEFORE they cast their votes. Unfortunately, the voters did not learn about the identity of the donors to One Step Closer until they filed their campaign finance reports in June.

Also, we need campaign finance reform on the state level; I believe Josh Shapiro is leading the charge here. When candidates ask us for our votes for state offices this April, we must find out where they stand on campaign finance reform and vote accordingly.

The lack of contribution limits on the state level had an impact on local city council races as progressive judicial candidates with large war chests contributed heavily to council candidates such as Donna Reed Miller, thus contributing to the defeat of progressive challengers.

The real solution here is to stop electing judges, but failing that, we at least need contribution limits.

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