Judge Nixes Limit on Contributions

Judge nixes limit on contributions

By CATHERINE LUCEY

A Common Pleas judge has tossed out the city's strict campaign-contribution limits, saying the local legislation was not permitted under state law.

Does this mean the 2007 mayoral candidates will now start soliciting big dollars?

Not exactly. The ruling was contradicted by an opinion in a related case issued in September.

Judge Allan Tereshko ruled Wednesday that the city campaign-finance ordinance was "unconstitutional, void and therefore unenforceable."

His judgment was sought by potential mayoral candidate John Dougherty and declared candidate U.S. Rep. Chaka Fattah, in one of several lawsuits over the law.

Tereshko's ruling "says the municipality of Philadelphia does not have the constitutional authority to pass any campaign-finance legislation," said Dougherty's attorney, George Bochetto.

But supporters of the limits say it's not over. Mayoral candidate Michael Nutter plans to appeal the ruling, and the city could also file a legal challenge.

City Solicitor Romulo Diaz Jr. did not respond to repeated requests for comment on the case.

In the contradictory case in September, Common Pleas Judge Gary Glazer basically affirmed that the city had the power to enact campaign-finance legislation.

"This is the most unusual, most unprecedented situation where you have two different judges in the same court issuing two different rulings on the same matter," Nutter said.

What's a candidate to do?

For now, many are taking a wait-and-see approach. Nutter, Fattah and businessman Tom Knox all plan to continue following the limits for the time being.

The law limits contributions to a candidate to $2,500 a year from individuals and $10,000 from a political-action committee. But for the 2007 mayoral primary, the limits were doubled by a "millionaires exception" because Knox has put $5 million of his own money in his account.

U.S. Rep. Bob Brady, who has not yet declared, issued a statement asking all candidates to sign a pledge saying they would voluntarily abide by the limits.

"It is also necessary to have an even playing field for candidates seeking public office," said Brady's spokesman Ken Snyder. "No candidate deserves an unfair advantage,"

Dougherty's spokesman, Frank Keel, said, "John, as he has before, will do what he believes is right and is in his best interest and not what Bob Brady says to do."

State Rep. Dwight Evans said in a statement that he would follow state law - that is, raise funds over the limits.

Evans has drafted state legislation that gives Philadelphia the power to enact its own campaign- finance laws. The measure passed in the state House of Representatives this fall, but was never voted on in the Senate.

Evans plans to reintroduce the bill next year. If it passes, the city's authority will no longer be in question. But with the mayor's race already heating up, candidates need to know how to proceed now.

"I think the reality is that both donors and candidates are going to play it safe until things are clarified, because nobody, especially the donors, will want to take any chances that they would be violating the campaign-finance laws," said the Committee of Seventy's chief executive, Zack Stalberg.

Nutter noted that whatever happens with the campaign finance law, his pay-to-play legislation is still in effect, restricting donations from firms that apply for no-bid city contracts.