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Tuesday, February 16, 2016

Lehigh County Comm'r Geoff Brace's Campaign Finance Reform Outline

Below is an outline of the campaign finance proposal that Lehigh County Comm'r is asking the Law Department to review. Once it has been vetted, a Bill can be prepared. One concern raised by Commissioners is that this reform will help independently wealthy candidates to the detriment of those who do not own a paint company.

I am something of a student of campaign finance, and believe that for any reform to work, it has to come from the state. Currently, the fines for non-filing or filing late are laughable. They should be increased dramatically. Moreover, reports should be audited much more frequently. Finally, candidates who fail to follow the campaign finance laws in reporting, by failing to fill in addresses and names of employers or who attempt to deprive the public of knowledge of their spending, should be heavily fined.

The fines imosed in this reform are the same nonsense that currently exists on the state level.

Policy Goal
To restore citizen confidence and trust in County of Lehigh elected officials.  
• Objective: minimize threat of real and perceived quid pro quo campaign contributions
• Objective: limit financial influence of candidate committees, political action committees and individuals in campaigns for Lehigh County office
• Objective: increase transparency in campaign contributions which currently allude timely disclosure to the public
Summary of proposal
An ordinance (County of Lehigh Campaign Finance Reform) establishing additional campaign finance reporting and campaign contribution limits.
Offices impacted
All elected offices in County of Lehigh, including Executive, Commissioners, Controller, District Attorney, Sherriff, Clerk of Judicial Records, Coroner, Judge of Court of Common Pleas, Judge of District Court.
Reference materials
See LSR (2015-404) dated October 1, 2015, which includes and references a memo titled "Campaign Finance Research" dated March 13, 2009.  Also helpful to reference Pennsylvania Elections Code.  
Campaign Reporting
Objective: increase transparency in campaign contributions which currently allude timely disclosure to the public
• Timing of reports: Current reporting includes the following:
• 2nd Friday Pre-primary/election
• 30 day post primary/election
• 24 hour reporting
• Annual Report
• Termination
• Proposed new reporting: 6th Tuesday pre-primary/election report.  This is currently required of state candidates.  Would help to increase transparency in campaign finance reporting for candidates seeking Lehigh County office.
Contribution Limits
Objectives: minimize threat of real and perceived quid pro quo campaign contributions; limit financial influence of candidate committees, political action committees and individuals in campaigns for Lehigh County office
• Establish maximum contributions to candidates and candidate authorized committee per cycle (note: cycle is a primary or general election, meaning an individual can contribute the maximum in the primary and again the maximum in the general)
• Individual limit:$1,000 per cycle
• Political Action Committee limit: $1,000
• Other candidate committee limit: $1,000
• Political Party Limit: $1,000
• Value of money and in-kind contributions may not exceed $1,000 
• Non-election years: contribution made to a candidate or candidate committee must conform to the federal limits process
• The responsibility to disclose contribution limits shall be the responsibility of the candidate and/or candidate committee (whoever is receiving the contribution).  Penalties for receiving the contribution shall be borne by the candidate.    
• Independent financing triggers: in the event a candidate for a particular race self-finances a campaign exceeds certain thresholds, the following adjustments will be made to the limits for all other candidates also seeking the same office:
Source
Self-Financing in excess of $5,000
Self-Financing in excess of $10,000
Self-Financing in excess of $20,000
Individual Limit
$1,500
$2,000
All contribution limits removed
Political Action Committee Limit
$1,500
$2,000
All contribution limits removed
Other candidate committee limit
$1,500
$2,000
All contribution limits removed
Political Part Limit
$1,500
$2,000
All contribution limits removed
Value In-kind contribution limit
$1,500
$2,000
All contribution limits removed
Outside Political Action Committee Reporting
Objective: increase transparency in campaign contributions which currently allude timely disclosure to the public
• Any Political Action Committee or candidate committee which contributes an aggregate of $250 in a year to a candidate or candidate's committee for offices affected during a cycle or non-cycle must file a report with County at same time as a candidate or candidate committee.  This specific provision would apply to such bodies which are required to file reports with the Department of State and specifically require the report also be submitted to the Lehigh County Voter Registration Office.
• Report must conform to candidate or candidate committee reports, disclosing same information
• Burden of notifying contributors shall fall on the candidate or candidate committee receiving the contribution
• Failure to report shall subject the contributing PAC or candidate committee to the same penalties a candidate or candidate committee for office of Lehigh County would face for failure to meet reporting requirements 
Penalties
The Pennsylvania Election Code already lays out penalties for failure to meet reporting requirements (section 1632) and vests the responsibilities for supervision with the Election Board.  For current purposes, this proposal will utilize state Election Code penalties (though I am open to stronger penalties include:
• Fines: $10/day, maximum of $250
• Inability to take office and assume its duties
Responsibility
The Lehigh County Board of Elections shall be responsible for continuing supervision of these elections in Lehigh County.  

53 comments:

Robert Trotner said...

Personally I'll take campaign finance reform wherever I can get it. I feared that campaign finance reform in Lehigh County had been just a campaign issue and would never be heard of again. I am very happy to see this and hope it can be adopted. I would love to see this in Allentown and will fight for it. I give Mr. Brace a lot of credit. I'll fight for it as I know already it will face a lot of opposition.

Anonymous said...

Brace shows how thin reform in God forsaken Allentown is.
He's another ambitious mediocre wannabe lining up for the post Pawlowski gravy train.
There's no relief for this sorry ass place in sight.
It's pathetic.

michael molovinsky said...

maybe geoff could get his boss, mike schlossberg, to introduce the bill statewide? how you can condemn the boss post after post, and compliment his chief of staff, post after post, is amusing. if you're interested, the circus is retiring the elephants, but looking for tight rope walkers.

Anonymous said...

Are you asking us to take Brace seriously,
Mr. Trotner?
Please,sir.

Anonymous said...

Personally, no, I can't take this party hack Brace seriously, if that's the question on the table.

Anonymous said...

Suddenly this fellow, Mr.Brace, who's been an uncritical cheer leader for all things Mayor Edwin Pawlowski, and who works for the poster boy of bad state government, is a leader in the reform movement.
This nonsense is why people are absolutely disgusted and disengaged from politics in the cesspool of Allentown politics.

Anonymous said...

Bernie
Agree state should step in and initiate election reform but Bernie these guys have an A.G. that isn't even a practicing attorney. Think they gonna do anything?

Anonymous said...

Here's something else to consider. No way should anyone that works for any government entity be allowed at the same time to serve in an elected office. What about insider information. New corporation coming to region. Who know where it will be located. Who knows who buys land in that location. How can taxpayers be assured this or any other backroom trade does not occur. Even the guy you're writing about right now works for a state official. Is that appropriate? Hardly.

Anonymous said...

Reform in government is ALWAYS a good idea, but it does NOT guarantee betterment of anything. Too many politicians today find ways to become "legalized" crooks. They either write-in loopholes at the start, or find them later. Loopholes.

Solutions?

Let's begin with putting DIFFERENT people in government. Reduce the total number of people in government, then move those in place OUT of office more quickly.

Fred Windish

Anonymous said...



Cursing at weeds in your yard does nothing to stop them from growing every year. Doing the same thing over and over, and expecting different results is the definition of insanity. Filing untruthful and unhinged complaints against others is a destructive pattern of conduct that you so richly enjoy.

As much as you scream at society by way of keyboard, insulting and maligning elected officials daily for decades is precisely why no one listens or cares about anything you have to say. And by looking at your entire life history, progress and positive change has never been on your dinner table. Just unhinged hatred directed at anyone and everyone. Your reputation proceeds you.

Ray Nemeth Sr said...

This is a very difficult thing to control and still have freedom of speech, but 24 hour reporting of all contributions received would be one, and possibly if you contributed to a political campaign you are barred from doing any business with that entity in the future.

Anonymous said...

Ask this question to any random person on the street, name 10 people in state or local government. Many would not know the Governors name. The politicians hide in plain sight, do nothing, they no longer even put their party affiliation on their tired yard signs. Again I say, nobody would spend that kind of money to be elected unless the rewards far Exceeded the cost. Even if they lose they get to keep the bribe money. Even after the Feds clean the swamp, the political science majors are lining up to replace them.

Anonymous said...

Blogger Ray Nemeth Sr said...
This is a very difficult thing to control and still have freedom of speech, but 24 hour reporting of all contributions received would be one, and possibly if you contributed to a political campaign you are barred from doing any business with that entity in the future.

8:53 AM

An excellent idea but how to enforce? Company names can change or be altered to hide true identities.

Anonymous said...

9:10 AM -

Yeah, loopholes!

Thus, reduce the number of kids near the cookie jar and how long they have to look inside.

Fred Windish

Anonymous said...

Soon the government of NIZBERG will increase their tax base when the cigarette tax is increased by 1 dollar per pack. Do we have any idea how many cartons are run thru the NIZ per annum? 10 dollars /carton. Unreal!

Bernie O'Hare said...

"Bernie
Agree state should step in and initiate election reform but Bernie these guys have an A.G. that isn't even a practicing attorney. Think they gonna do anything?"


Not at all.

Anonymous said...

It's a very transparent tactic of those who shelter scoundrels to apply the labels of hater, racist, bigot, et al to those who publicly disagree with the sheltered. Bernie is exercising his right to speak just as many do (even us anonymous cowards). Bernie is a proclaimed democrat yet he departs the party line which is more than many of the hack aplologists and enablers. Just like the entrenched GOP people who despise the tea party for their "extremist" views the entrenched dems hate when someone dares call into question the behavior of their beloveds who likely line their pockets with tax fleecings and campaign contributions.

Bernie O'Hare said...

"Cursing at weeds in your yard does nothing to stop them from growing every year. Doing the same thing over and over, and expecting different results is the definition of insanity. Filing untruthful and unhinged complaints against others is a destructive pattern of conduct that you so richly enjoy.

As much as you scream at society by way of keyboard, insulting and maligning elected officials daily for decades is precisely why no one listens or cares about anything you have to say. And by looking at your entire life history, progress and positive change has never been on your dinner table. Just unhinged hatred directed at anyone and everyone. Your reputation proceeds you."


Let me get this straight. Complaing about weeds is insanity and I'm no good bc I complain about elected officials. You got me. My reputation "proceeds" me.

Anonymous said...

Bernie
PennLive states: Nearly 7,700 state employees on roster that make more than $100,000. a year.

Robert Trotner said...

I find it absolutely amazing how people offered a wonderful gift can complain and mock that gift and suggest alternate gufts. If people had the same idea about, say, murder (that a law against it isn't desirable because there are alternate, better ways to deal with the problem), the murder rate would go through the roof The murder statute doesn't prevent all murders, but accumulated common sense and experience says the alternatives won't work. That's because we're a government of laws, not people. People are not angels - they have tremendous ability to accomplish great things but also tremendous capacity to delude themselves. Laws provide a standard. All the proposals presented here are important, but none touches the impact of a law regulating campaign finance reform.

Bernie O'Hare said...

Your comment is OT and should be posted to Opinions Online, not here, but i have no problem paying good people what they are worth. Nor do I support residency requirements.

Anonymous said...

Is campaign finance reform even legal at the County level? First Class City Philly did it, but they are special. Third Class cities can't do it. State Law preempts

Anonymous said...

So I'm guess now that Pawlowski and Fleck have been cut off from funding Democrat candidates, Brace thinks it's time for campaign finance reform.

This is pure politics.

Robert Trotner said...

So this is the fallback argument: Is it legal anywhere else but Philadelphia? The answer is: So far as we know, yes. The only case on point, by the state Supreme Court, is that since the state constitution is silent on the question of campaign contribution limits municipal laws imposing them are constitutional.

Bernie O'Hare said...

"Is campaign finance reform even legal at the County level? First Class City Philly did it, but they are special. Third Class cities can't do it. State Law preempts"

State law does not pre-empt local election control. That was the whole point of a suit challenging the establishment of election controls in Philly. The court did not rule that Philly is special. Having said that, any reform on the local level needs a thorough legal review. That is happening.

My own preference is a statewide reform, and one in which the legislature does specifically preempt local law. I understand and respect the drive to do something locally bc the state has shown no inclination to do a damn thing.

I would want to act incrementally, not all at once.

1) All campaign finance reports should be filed electronically.

2) All election reports should be indexed in a statewide system.

3) Fines for nonfiling and late reports need to be dramatically increased. I have no problem with starting out low, but the fine should double every day, and the maximum should be eliminated or increased. Right now, the maximum penalty is just $250.

4) A candidate who files a campaign finance report that deprives the public of following the money should be fined. Take Schlossberg's annual. He claims $13,500 for "reimbursement," but fails to list who is being reimbursed. In addition to being a clear violation of state campaign finance law, this totally defeats the purpose of these reports. These kinds of errors shoud be sanctioned per violation, with a minimum sanction of $1,000. A candidate should be given the option of amending his report within 5 days of notice, and after that the fine goes into effect. A candidate who fails to list the employer and address of a major contributor should be sanctioned unless his report is amended within 5 days of notice.

5) The 3% audit rule should apply to ALL campaign finance reports filed,

6) Candidates who fail to comply with campaign finance laws should be barred from taking office, and the DA or AG should be required to take all actions needed to remove a person from office who is deemed in violation of campaign finance reporting laws.

7) A 6th Tuesday pre-election report is nonsense bc no one has money until much later.

8) Any candidate who receives contributions greater than $250 in a non-election year should be required to file a report instead of the annual report.

These are all minor, incremental changes that would vastly improve reporting without the need for limits or some sort of local tribunal. To be effective, they need to be statewide.



Anonymous said...

The proposed "reform" is impotent on the issue of contract awards and that's the real issue here. No one has the time to go tearing through campaign finance reports in detail. That's part of the problem. It hides in plain sight but it's complicated stuff for the average citizen to understand.

If you want real transparency, there should be a clause that for any contract, before award, it is announced beforehand by the County if any of the bidders to the contract donated to any of the elected officials involved in the vote on that contract.

Anonymous said...

With perhaps only a few tweaks, BOH's proposal at 11:14 AM makes MUCH sense to me.

Of course, getting a sponsor and a co-sponger, let alone getting it through a committee, getting a majority, and getting a governor to sign might be problematic. LOL

Any thoughts on getting this out of the blogosphere and in front of an actual legislator who would care?



Anonymous said...

Your 8 point list is another pie in the sky utopian world that you seem to dwell in. Get out of my wallet.

The cost alone to the taxpayer to implement your plan benefits the handful of malcontents like you who have nothing better to do all day.

Treat yourself to a walk from a parking lot to the election office, and get the info yourself. We don't need to have another bloated government agency on the dole to do all the work entailed.

"....A DA required to remove a person from office....etc..." ...DAs are not "required" to do any of the above, and shouldn't be. They are not political tools.

Instant gratification can be found at fast food drive through lanes, and online stores. Its not the job of government to hand out these demands.

Anonymous said...

Bernie,
I am sure that I am the only one that sees the connection between political democratical dysfunction, the real property subsect and than last but far not least the legal justice system and ACTORS of allentowns circus network of this massive maddoff vermine pluaging the triboro with the locoust of this housing blightable tool used as a transformational gang takeover¿!)$ My thoughts are still on the reginal gang network tool interduced and just how many names of the notorious hamilton street gang o thugs names are verifiable on this national tool locally fictisious facts are manipulated per arena agenda to twiZt the tailZ in this cigar surpriZe sidewayZ back midway circus twiSTZ leaking vaginaliZed wraps¿!)$
redd for Republican
patent pending

Anonymous said...

So you want to make it more complicated and more burdensome than it already is now? Gee, I thought that you have a distinct dislike of career politiicans...your plan pretty much guarantees that there would be many fewer people seeking public office.......

Why not up the fines for parking violaters to $100 a day, and then double it for each day its not paid? Its those pesky people who think they are above the parking laws that really get under my skin. ...of course this would decimate the downtown districts, and have an effect that the opposite of the intended goal.....much like your 8 point plan.

Anonymous said...

yes , just what we need. more rules. these criminals will refuse to follow any of the rules until they get thrown in jail. more political theater. this is like asking street criminals to follow new gun laws. they could care less about your rules.
for every rule the politicians come up with, somebody already came up with the work around. that's why the rule passed.
rules with out REAL consequences are merely words on paper. political hacks could careless about new rules especially when the consequence is a slap on the wrist called a sanction. sanctions are bogus. ask the North Koreans or the Iranians about UN sanctions. They don't give a rats ass about sanctions.
Bad guys love it when more rules are created, especially gun laws. It makes their job much easier to offend.
until a guy like schloss is hand cuffed and perp walked , nothing will change. a guy who has a history of not following the rules in regards to finance and other issues like ghost voting, should not be making decisions that will eventually impact the community.he should be in jail.

Bernie O'Hare said...

"Your 8 point list is another pie in the sky utopian world that you seem to dwell in. Get out of my wallet. "

There is nothing remotely utopian in my suggestions. Thewy are tweaks to existing law and probably would prevent lousy candidates like you from wasting taxpayers dollars and would keep you out of office.

Bernie O'Hare said...

"The proposed "reform" is impotent on the issue of contract awards and that's the real issue here. No one has the time to go tearing through campaign finance reports in detail. "

That's nonsense. These are often issues at election time. The 3% audit rule would ensure fairness.

Bernie O'Hare said...

"So you want to make it more complicated and more burdensome than it already is now? Gee, I thought that you have a distinct dislike of career politiicans...your plan pretty much guarantees that there would be many fewer people seeking public office......."

Hopefully, there would be fewer people who play fast and loose with the rules, and treat campaigns like a joke.

Anonymous said...

Seems to me the complaint about the 8 point list, ignores the fact that BOH indicates you could take it one step at a time. Just getting the reports filed ONLINE and more timely is the place to begin. You can always "work" on the rest later for improvement.

As for the comment about "not tied to contracts", the purpose of the TIMING of filing and more detail is to better inform voters about those "ties" so they don't make the same mistake twice. While we all wish we could just identify the "tie" and throw the bum out---due process is a particularly important part of our Constitution.

Anonymous said...

Way Off Topic. Bernie Sanders positioning for a Double pump Bro hug. Awkward and totally freakin' hilarious.

Anonymous said...

Thanks BOH.

Anonymous said...

Just a question for the Republican teabaggers, can you name one Republican that you hate as much as any Democrat? Just curious.

Anonymous said...

Brace is the future of Allentown politics --- fucking bleak.

Anonymous said...

Jim Gilmore

Anonymous said...

they need to extend it to all comers in any Lehigh County municipality to the extent they have jurisdiction. Complaints in local races, and violations of campaign laws, have been largely ignored by the County head of the voter election registration department from where all complaints begin, then even the few that have been addressed by the County Board, are ignored by the DA. This needs to be a serious issue for all races in Lehigh County, or it is just a feel good measure. Lets add some teeth to the required campaign sign notices, letters and mailing notices, in-kind services, reporting, spending and depositing monies in all election (sometimes personal) bank accounts, irregular reporting, bogus reports, so-called candidate "loans" etc. You know, too often anonymous mailers and bogus reports in Borough and Township races are ignored. They catch a guy with anonymous flyers or mailers, they should be prosecuted! Put some teeth in it! If one circulates an anonymous mailer, steals signs, or violates campaign laws, an "i'm sorry" afterward does not cure it! After all, the County candidates try to shape all races!

Bernie O'Hare said...

That's a fair point. County officials only have control over their own offices and can't impose requirements for other municipalities to follow. While I completely support anything that increases transparency, no meaningful reform will happen unless it comes from the state.

Anonymous said...

Bernie,

No reform will have its desire effect if the apathy of the voters continue. What Ed was doing was obvious to anyone with eyes to see. You reported on it routinely yet the mainstream media in the valley chose to ignore it as did the voters and most civic leaders. So we have the corruption we deserve. We have turned over our democracy to self interested parties and act surprised when special favors are granted and/or routine services fall short.
We are supposed to be the check on government corruption. No new legislation will end that if we can't muster even a slight interest.

Scott Armstrong

Bernie O'Hare said...

Scott, How can they be anything but apathetic when newspapers fail to tell voters who is buying elections? How can they feel any differently when newspapers present misleading articles about economic success in Allentown when most of the population is suffering? Reforms that increase transparency make the absence of newspapers less damaging to democracy, and people can see what is going on and engage in participatory journalism. You at one time pioneered a site (Allentown Commentator?. This blog, MM's blog Casey's blog, as well as Facebook pages by Fegley and Trottner, provide a forum where people can exchange data.

Anonymous said...

How does this not attempt to supersede the state? If I'm correct, doesn't the state's rules trump Lehigh County's? Regardless of the home rule charter?

Bernie O'Hare said...

You're not correct. The general rule is that state legislation does not supersede local ordinance unless the state legislation clearly indicates its intent to do so. State gun laws, for example, expressly supersede local ordinance. But local ordinances can be adopted in areas of mutual jurisdiction, and that includes environmental (locals can impose more stringent regulation than required by the state) and yes, elections.

Robert Trotner said...

No offense to anyone here but the effort to knock down any attempt st reform passes my understanding. It seems that most believe that the status quo is superior is superior to any attempt to improve ethics. makes no sense to me. I return to my previous example; How is the wild west situation that exists now different from saying that we can have fewer murders by repealing murder laws.

Bernie O'Hare said...

Robert, I apologize. I misspelled your last name/

Robert Trotner said...

I hadn't noticed but it's not a concern.

Anonymous said...

Brace WORKS FOR Sclossberg?
STOP!
This is a fucking joke.

Anonymous said...

Bernie,

Which came first, an apathetic population or media? That's a question worth exploring.

Scott Armstrong

Anonymous said...

County officials only have control over their own offices and can't impose requirements for other municipalities to follow

Well they can start by better enforcement of the laws we have now. Mostly, they just give warnings and that is only if someone else complained.

Anonymous said...

Anon 5:38,

What is your problem with "teabaggers"? Why are you so obsessed with a homosexual term??? Get some help for yourself there immediately.