Mayoral candidates face suits

If you ask who is running for mayor in Philadelphia, don't expect a simple answer.

With an election 18 months away, new city campaign finance limits are getting their first test, and debate over who is considered a candidate in the law has set off a round of legal action.

Two lawsuits were filed against possible candidates last week in an attempt to force them into compliance with the new laws, which limit the amount of money candidates may accept from people and groups.

Alan Schimmel, a board member of the Committee of Seventy, a public watchdog group, filed suit against six mayoral hopefuls who he says are accepting donations larger than allowed for candidates for city office.

The lawsuit follows a failed attempt by the committee in February to have the Philadelphia city solicitor force possible candidates to limit contributions.

According a 2003 amendment to the city code, mayoral candidates must limit contributions received to $2,500 per individual donor and $10,000 per political-action group.

But many of the potential candidates have justified raising funds in excess of what is allowed for those running by saying that they have not officially declared their candidacy.

Gregory Harvey, attorney for mayoral hopeful and Democratic Rep. Chaka Fattah, said that actions Fattah has taken exploring a possible mayoral run are legally distinct from campaigning under the state's election code, meaning that the fundraising law doesn't apply to him, at least not yet.

These contributions "can only be used for study activities, studying issues, to assemble a list of volunteers," Harvey said. "If [Fattah] makes a decision to run, any money that he has received must be returned to donors."

City Councilman and potential candidate Michael Nutter said he was shocked to discover he was named in the lawsuit because he said he has complied with fundraising limits.

Though the committee is suing all who seem to be making a bid to avoid accusations of partisanship, according to committee President Zack Stalberg, Nutter has responded with his own lawsuit against most of the other potential candidates. Nutter says his suit distinguishes between candidates who have complied with the law and those who haven't.

Nutter's suit is also aimed at forcing candidates who aren't complying with the law to return donations beyond the limit.

"The Committee of Seventy lawsuit only went so far," Nutter said. "Not only should people stop taking contributions over the limit, they should return what they've gotten" above the limit.

Nutter's lawsuit also leaves out mayoral hopeful Tom Knox, whose campaign has been almost entirely self-financed.

Yesterday, John Dougherty, leader of the electricians' union, who is named in both suits, said that he may act against Nutter for refusing to comply with a separate city law that requires candidates for city office to resign from current positions in city government.

"He has given Councilman Nutter 48 hours to do the right thing," said George Bochetto, Dougherty's attorney, adding that both the law that requiring candidates to step down and the campaign-finance law define "candidate" the same way, so Nutter must comply with both.

Nutter disagreed, said that the term "candidate" is defined more broadly in the campaign finance law.

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