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Back to search resultsBill 050301-A

Amending Title 20 of The Philadelphia Code, entitled "Officers and Employees," by amending the provisions relating to campaign contributions and expenditures, relating to, including but not limited to, the District Attorney, City Controller, Register of Wills, Sheriff, Clerk of Quarter Sessions Court and City Commissioner.

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File details

Status
Enacted
Type
Bill
Introduced
April 21, 2005
Sponsors
Brian J. O'NeillBrian J. O'NeillCDCouncilmember DiCiccoCDCouncilmember DiCiccoCKCouncilmember KenneyCKCouncilmember KenneyCRCouncilmember RizzoCRCouncilmember RizzoCKCouncilmember KrajewskiCKCouncilmember KrajewskiCKCouncilmember KellyCKCouncilmember KellyCBCouncilmember BlackwellCBCouncilmember Blackwell

Full Bill

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1.

Chapter 20-1000, entitled "Campaign Contributions and Expenditures" is hereby amended as follows:

*

*

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CHAPTER 20-1000. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES.

§20-1001

.

Definitions.

(1)

Covered election. Every primary, general or special election for Mayor

, District Attorney, City Controller, Register of Wills, Sheriff, Clerk of Quarter Sessions Court, City Commissioner

and City Council.

(2)

Contribution. Money, gifts, forgiveness of debts, loans, or things having a monetary value incurred or received by a candidate or his/her agent for use in advocating or influencing the election of the candidate.

(3)

Expenditure. The payment, distribution, loan or advancement of money or any valuable thing by a candidate, political committee or other person for the purpose of influencing the outcome of a covered election.

(4)

Person. Any actual individual, any business partnership, sole proprietorship, or other form of business organization permitted under the laws of the Commonwealth to make political contributions.

(5)

Political Committee. Any committee, club, association, political party, or other group of persons, including the campaign committee of a candidate for office in a covered election, which receives contributions or makes expenditures for the purpose of influencing the outcome of a covered election.

(6)

Election Reform Board. A nonpartisan, non-governmental entity to be created that will execute and monitor voluntary contracts for campaign expenditure limitations and will include representation from the League of Women Voters of Philadelphia and/or the Committee of Seventy.

§20-1002

.

Campaign Contribution Limitations.

(1)

No [person]

individual

shall make total contributions [per covered election] per

calendar

year, including contributions made to or through one or more political committees, of more than [one thousand dollars ($1,000)]

two thousand five hundred dollars

($2,500)

to a candidate for Mayor

, District Attorney, City Controller, Register of Wills, Sheriff, Clerk of Quarter Sessions Court, City Commissioner

or City Council.

(2)

No

person, other than individuals who are covered under §20-1002(1), and no

political committee shall make total contributions [per covered election] per

calendar

year of more than [five thousand dollars ($5,000)]

ten thousand dollars ($10,000)

to a candidate for Mayor

, District Attorney, City Controller, Register of Wills, Sheriff, Clerk of Quarter Sessions Court, City Commissioner

or City Council.

(3)

During those calendar years in which a covered election is not occurring, candidates shall be limited in receiving political committee contributions to campaigns for such office as follows:

(i)

candidates for Mayor may receive political committee contributions totaling no more than two hundred fifty thousand dollars ($250,000) per year;

(ii)

candidates for District Attorney and City Controller may receive political committee contributions totaling no more than one hundred thousand dollars ($100,000) per year;

[(ii)]

(iii)

candidates for City Council,

Register of Wills, Sheriff, Clerk of Quarter Sessions Court and City Commissioner

may receive political committee contributions totaling no more than [fifty thousand dollars ($50,000)]

seventy-five thousand dollars ($75,000)

per year.

(4)

The limitations imposed by this Chapter shall not apply to contributions from a candidate’s personal resources to the candidate’s own campaign.

(5)

The limitations imposed by this subsection shall not apply to volunteer labor.

(6)

On January 1, 2008 and on January 1 every four years thereafter, the maximum amounts set forth in §20-1002(1) and (2) shall be adjusted, as follows. On the December 15 immediately preceding the adjustment, the Finance Director shall calculate the "CPI Multiplier" by dividing the average consumer price index for Philadelphia during the then-current calendar year by the average consumer price index for Philadelphia during calendar year 2005. To determine the average consumer price index for Philadelphia, the Finance Director shall use the latest available figures for the Consumer Price Index for all urban Consumers (CPI-U) All Items Index, Philadelphia, Pennsylvania, as measured by the United States Department of Labor, Bureau of Labor Statistics. After calculating the CPI Multiplier, the Finance Director shall calculate the new maximum amounts as follows:

(i)

The maximum amount for purposes of §20-1002(1) shall equal $2,500, multiplied by the CPI Multiplier, rounded to the nearest $100.

(ii)

The maximum amount for purposes of §20-1002(2) shall equal $10,000, multiplied by the CPI Multiplier, rounded to the nearest $100.

The Finance Director shall certify the new maximum amounts in writing to the Mayor, the City Council President and Chief Clerk of Council.

§20-1003

.

Campaign Accounts.

A candidate for Mayor

, District Attorney, City Controller

,

Register of Wills, Sheriff, Clerk of Quarter Sessions Court, City Commissioner

or City Council shall have no more than one campaign committee and one checking account for the city office being sought, into which all contributions for such office shall be made, and out of which all campaign expenditures for that office shall be made. If the candidate for office maintains other political or non-political accounts for which contributions are solicited, such funds collected in these accounts shall not be used for any campaign for municipal office.

§20-1004

.

Campaign Expenditure Limitations.

1)

Campaign Contract.

(a)

Effective for the elections for

District Attorney and City Controller in the year 2005, and

Mayor

, Register of Wills, Sheriff, Clerk of Quarter Sessions Court, City Commissioner

and City Council in the year 2007 and thereafter, a candidate seeking election to any of said offices may sign a contract with the Election Reform Board to abide by limitations on campaign expenditures and agreeing to report his/her contributions and expenditures to the Election Reform Board to be publicly posted on a website developed by the Election Reform Board.

(b)

The campaign contract for a particular covered election may be signed by an individual candidate no later than the last date upon which such individual may withdraw as an official candidate in said election.

(c)

A candidate may sign a campaign contract limiting his/her overall campaign expenditures as specified in §20-804 (2).

(2)

Expenditure Limitations.

A candidate who signs a campaign contract in accordance with this Chapter shall not make expenditures per covered election in excess of the following amounts:

Mayor $2,000,000

District Attorney $500,000

City Controller $500,000

City Council [$200,000]

$250,000

Register of Wills

[

$200,000

]

$250,000

Sheriff

[

$200,000

]

$250,000

Clerk of Quarter Sessions Court

[

$200,000

]

$250,000

City Commissioner

[

$200,000

]

$250,000

§20-1005.

Injunctive Relief.

Any person residing in the City of Philadelphia, including the City Solicitor may bring an action for injunctive relief in any Court of competent jurisdiction to enjoin any violations of, or to compel compliance with, the provisions of this Chapter. The Court may award to a prevailing plaintiff in any such action his or her costs of litigation, including reasonable attorney’s fees.

SECTION 2.

Effective date. This Ordinance shall be effective immediately, provided, however, that contributions to candidates for District Attorney or City Controller made before this ordinance becomes law shall not be considered in determining compliance with the contribution limits established by this ordinance.

SECTION 3.

If any provision of this ordinance, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of the ordinance, and application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

End

Timeline

File history

A file can move through several public steps, including introduction, hearings, amendments, votes and final action. This timeline puts those events in date order, groups routine entries from the same day, and attaches published member votes to the action they record.

  1. Council ActionMAYOR

    SIGNED

    Other recorded action without a published tally.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  2. Member voteCITY COUNCIL

    PASSED

    Member-by-member vote published for this action.

    Pass16 Yes · 1 No · 0 AbsentView member votes →
    Official action detail

    A motion was made that this matter be PASSED. The motion carried by the following vote:

    Member votes

    MemberVote
    Anna Cibotti VernaYes
    Blondell Reynolds BrownYes
    Brian J. O'NeillYes
    Darrell L. ClarkeYes
    David CohenYes
    Donna Reed MillerYes
    Frank J. DiCiccoYes
    Frank RizzoYes
    Jack KellyYes
    James F. KenneyYes
    Jannie L. BlackwellNo
    Joan L. KrajewskiYes
    Juan F. RamosYes
    Marian B. TascoYes
    Michael A. NutterYes
    Rick MarianoYes
    W. Wilson Goode, Jr.Yes

    Source: LegislationDetail.aspx · gridLegislation

    Council ActionCITY COUNCIL

    READ

    Other recorded action without a published tally.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  3. Council ActionCITY COUNCIL

    READ

    Other recorded action without a published tally.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

    2 procedural actionsCITY COUNCIL
    ProceduralCITY COUNCIL

    ORDERED PLACED ON FINAL PASSAGE CALENDAR FOR NEXT MEETING.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  4. 3 procedural actionsCITY COUNCIL
    ProceduralCITY COUNCIL

    ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

    UnanimousCITY COUNCIL

    SUSPEND THE RULES OF THE COUNCIL

    Pass
    Official action detail

    A motion was made by Councilmember Kenney that this matter be SUSPEND THE RULES OF THE COUNCIL. The motion carried unanimously.

    Source: LegislationDetail.aspx · gridLegislation

    ProceduralCITY COUNCIL

    ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  5. 4 procedural actionsCommittee on Law and Government
    ProceduralCommittee on Law and Government

    REPORTED FAVORABLY, RULE SUSPENSION REQUESTED

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  6. UnanimousCITY COUNCIL

    Introduced

    Marked unanimous; no member-by-member tally published.

    Pass
    Official action detail

    A motion was made by Councilmember O'Neill that this matter be Introduced. The motion carried unanimously.

    Source: LegislationDetail.aspx · gridLegislation