Court rejects firm's plea to upset campaign $$ rules

A law firm's attempt to lift the city's campaign contribution limits was shot down Friday by a Common Pleas Court judge.

Cozen O'Connor, in a lawsuit filed in March against the Philadelphia Board of Ethics, said the limits made it difficult to get paid by U.S. Rep. Bob Brady for defending him in a ballot challenge in last year's Democratic mayoral primary.

Brady ran up a $448,468 tab in that challenge brought by Tom Knox, who wanted to bump the congressman from the mayoral ballot for information left off his nominating papers. Brady finished third in the seven-way race while Knox finished second.

Judge Gary DiVito, in a ruling two weeks ago that was made public on Friday, appears to agree with preliminary objections filed by attorneys for the Board of Ethics, who argued that Cozen O'Connor lacked standing to sue since the limits on contributions impacted Brady's campaign and not the law firm.

Brady asked the Board of Ethics last year for a ruling on whether he could exceed the contribution limits after the primary. The Board in September rejected that idea and Brady did not file an appeal within 30 days.

Adam Bonin, a Cozen O'Connor attorney, yesterday insisted that the Board of Ethics "overstepped their authority" by maintaining the contribution limits after the primary election. Bonin said contributions are made to influence elections. That potential influence ends after the election.

"It's obvious to us that the Board of Ethics is wrong," said Bonin, who could not predict whether his firm would file an appeal. "We will continue to aggressively seek means to overturn this incorrect interpretation of the law."

Shane Creamer, the Board of Ethics' executive director, said candidates could use that legal logic to dodge contribution limits by waiting until after elections to collect money to pay debts.

"If you created such an exception, a candidate could avoid the contribution limits by back-loading their debt," Creamer said.

"It would create an exception that would render the contribution limits meaningless."

Brady yesterday said his congressional campaign committee has "more then enough money," but he is prohibited by law from using that for his mayoral debt.

"I'm going to do the best I can to retire the debt," Brady said, adding that he would keep open the mayoral campaign committee to collect contributions.

Zack Stalberg, CEO of the election watchdog group Committee of Seventy, said the ruling was "especially" appropriate because Brady remains a congressman and chairman of the Philadelphia Democratic Committee.

"The limits should apply whether the election is happening or if the election has passed," Stalberg said. "There is still a desire on the part of donors to be in the good graces of an elected official, he added." *