On Tuesday of this week, a dozen or so City Council challengers gathered outside the City Hall office where we had just filed our nominating petitions and called on all candidates to pledge to stop participating in that Philly favorite of insider political sports, the “gotcha” game of challenging petitions on the grounds of unintended, technical missteps in the petitions or the State’s financial disclosure form. Exhibit A in our pitch for letting voters, rather than Party-beholden judges, determine who will lead our City was Vern Anastasio, who was disqualified last time in his City Council challenge as a result of omitting mention of a paid government position on one line that he had already disclosed on another. The courts decided that this unintentional, technical mistake was enough to deny him the right to place his name before the voters of his district, despite having garnered the necessary nominating signatures. We asked all candidates to pledge not to engage in any technical ballot challenges this year in a group commitment to the democratic process and the citizens of Philadelphia. We agreed that fraud and intentional nondisclosure should be confronted, but, short of that, we asked that all those running, and the Party machinery, abandon all the usual “gotcha” nonsense.
(Aside: Vern could have earned a ton of consulting dollars out there in the hall as each of us, me included, asked his advice on how to fill out the State’s poorly worded disclosure form. In my case, it was a good thing I asked: I didn’t realize that the question that requires you to disclose the interest rate on credit card debt over $6,500 included any debt you had at any time during calendar year 2006, not just what you had as of December 31.)
As if to emphasize our point—with even an appearance of a divine intervention--I opened my Daily News this morning and saw that, of all people, Congressman Brady, the king of the Party, had himself been tripped up by that same silly disclosure form that almost got me this week. Of course, we read, the Party chair and mayoral candidate is asking that his “human error” be excused and that “the spirit of democracy” and the will of all those voters who signed his petitions “will rise above petty politics,” according to his spokeswoman. I’m all for doing that, but let’s make sure that this is the last time Democratic party insiders try to close the door to the democratic will of the citizens. Can we now count on the Party chair to have his allies in Harrisburg introduce legislation to amend the state disclosure law to make clear that candidates have a right to amend their disclosures to correct unintentional errors?











The machine is being turned
The machine is being turned inside out this election season.
First, with the campaign finance stuff we heard that it wasn't fair that Knox was spending so much, cause they couldn't get their voice out. In other words, they didn't like that someone had a big money advantage over people they thought were better candidates. Wow, that sounded familiar, and sounded like a great reason for public financing of elections, and free TV time.
And now, this. This is crazy.
Brady should stay on the ballot- as long as he starts immediately changing the way the party does business internally, and gets his allies in the House and Senate to introduce bills immediately to change these stupid laws.
Clear it Up
Not only are these challenges often ridiculously-technical, the standards seem different depending on whom is the subject of the challenge.
If nothing else, perhaps the Courts can use any challenges this year to finally give some clarity to the law. Last year, a state representative remained on the ballot after not disclosing rental income on certain properties, while other candidates in the state were removed for similar failures. The inconsistency in this area of the law is overwhelming. Hopefully, this year it will end.
My recommendation - With each packet that a candidate receives, a detailed, very detailed, explanation of the form should be included. Also, a representative of the Ethics Commission is available at the County BOE office on the Monday and Tuesday of filing to interview candidates prior to filing. They explain each line of the form (there are only about 12-15 lines of required disclosures). This could serve as one last reminder prior to filing. It also removes the gotcha that Irv is talking about, to some extent. We should also make the filing amendable after a challenge until the date that a candidate can withdraw from the race. If the candidate doesn't correct the mistake after notice and a two-week window to make necessary corrections, the challenge can proceed.
Aren't we supposed to encourage citizen participation and democracy? The Ethics Commission should not be a techincal tripwire.
Irony of the day
Spoken in defense of Brady by a campaign spokesperson.
Now, I'm sure that we'll hear Brady's campaign also speaking loudly about the will of 27,000 who signed the casino petitions. Won't we?
Of course you will!
In that alternate universe...
I wonder Susan--how can Tom
I wonder Susan--how can Tom Knox claim to support 27,000 signatures of citizens re casinos but not support the 24,000 of those who want Brady to run?
I guess I'm asking, will Knox make a challenge? It seems he has the most to gain. At the same time, would he be consistent in doing so?
Also, I've looked into this and, I don't know if it as clear cut as we are making it out to be.
Pretty darn similar to what
Pretty darn similar to what Braxton did.
As the post asks, will Brady now lead the charge for reform? If he does, then he should stay. And, we will have an anti-YPP endorsement for anyone who challenges him at that point, be it Nutter, Fattah, Evans or Knox.
But if Brady doesn't immediately start pushing for reform, then... see ya.
surrogate
Brady's petitions will be challenged. I am certain of that. I imagine that it won't come directly from another candidate, but from a surrogate of some sort.
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http://benwaxman.com
Is it?
In Braxton, the only case I found was In Re Nominating Petition of Braxton, 874 A.2d 1143 (Pa. 2005), where the Supreme Court in a per curium opinion found a fatal defect based upon a failure to "disclose
the sources of his rental income and the names and addresses of the creditors holding mortgages on his rental properties."
Based on my limited knowledge of Brady's situation, he did not disclose a government pension. The situations are hardly similar where the statue arguably exempts such a disclosure. And, it seems to be the argument the Brady camp is making. Whether it is sucessful, I do not know.
So--if this is the only flaw--it is not like Braxton where there were a number of flaws, deemed material as there were no applicable exemptions.
Again, I feel like challenges are mostly bogus anyway. But, I'm saying, based on my own review--the situations aren't that similar. I will, of course qualify it like this: I am only aware of what was reported in the Newspaper today.
Statute is clear
Unless he 100 percent self funded the pension, he is done per a challenge.
But, and this is a big but- he shouldn't be. Despite the irony, this is a ridiculous way to choose a Mayor. Time for Brady to become an outspoken advocate for reforms. Right now.
Dan, I'm not sure I'm with
Dan, I'm not sure I'm with you entirely on this one.
I don't think I'm reading the satute as clearly as you are:
Income is defined as X for the purposes of disclosure. But, these things "governmentally mandated payments or benefits, retirement, pension or annuity payments funded totally by contributions of the public official or employee, or miscellaneous, incidental income of minor dependent children" are not income for the purposes of disclosure-regardless of their contribution to "gross income."
We have to ask--what do we disclose? Income. What is income? It is X. What is not income--""governmentally mandated payments or benefits . . ."
Based on the case law I'm looking at, it seems an open question whether a pension is a mandated payment of government pursuant to "governmentally mandated payments or benefits". I would argue that the "self funded" materials applies to "benefits, retirement pensions or annuity payments". But, that the "governmentally mandated payments or benefits" require no such self funding.
"Governmentally mandated payments"--I see no real case law saying what these are. The only thing I know for certain is that goverment salary is not a mandated payment--it is for services rendered.
There may be an argument here.
Disagree
I disagree. If there is a broad statute, that has narrow exceptions (so, here, they specifically exclude 100 percent self-funded pensions), then all those things NOT included in the exceptions (like pensions that are not 100 percent self funded) count.
In other words, because the statute has specific exemptions, and specifically mentions pensions in those exemptions, but only 100 percent self funded pensions, Brady is done. If pensions were considered in government mandated benefits I think it would be defined there.
I looked at the statute, and
I looked at the statute, and beyond the definition of income, there is nothing else.
Everyone--you have to understand, Dan and I are also debating this over email. So, you are getting kind of the edited version.
I see that point, but I would say that we have to look to see what is something that is governmentally mandated. While pensions in one township may not be, and could be almost entirely self funded, if a statute or ordinance exists, isn't there a mandate irrespective of the specific mention of pensions.
That doctrine of statutory interpretation could be deemed inapplicable if the court finds that, by statute, there is a mandated payment (regardless of its type). The only thing that would be precluded then then are pensions that are not self contributed.
More
In Re Benninghoff: 578 Pa. 402, 852 A.2d 1182
I don't see how he wins if challenged. The door is really slightly open, only because of "and the like," but, you see what they are interpreting as mandated benefits. It is not pensions, which are specifically mentioned in the statute. I guess all I will say is that this will take a big stretch, in my opinion, to keep him on if challenged.
That case focuses on salary
That case focuses on salary only. The party was trying to argue his/her salary as a state legislator was a mandated payment so that he didn't have to report it. Working for compensation is a contract. Government pensions are not necessarily.
I think it is very distinguishable and, that is about as far as the courts have gone.
Construing compensation as
What picture are they painting with that statement?
Anyway, agree to disagree. I think he is done. But, again, this aint democracy.
More on the Brady defense
Since this is now the defense that Brady is using, props both for the prescience and the research. It seems to be directly on point.
For those of us without ready access to a law library or database, is this a PA Supreme Court decision? Would the opinion be binding on the current courts?
BTW, I'm no lawyer, but I have to agree with Dan that this case law, if binding, looks bad for Brady. If the specific case was about salary, why would they have broadened the language in their decision to "the sorts of contractual interests arising in the course of an ordinary employment relationship with the government"? A pension for a specific job seems far more like a "contractual interest..." than "[UCE}, public assistance and the like". It's clear that you need to list an employer-funded pension - it doesn't make sense that that obligation goes away if the former employer was a government.
Oh, Dan and Gaetano
I love when you lawyer boys talk dirty to us.
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http://benwaxman.com
Parsing the Grammar
You know, grammatically, you could read "funded totally by contributions of the public official or employee" as applying only to the "annuity payments" part of that series. There's certainly no way you can read it as applying to "governmentally mandated payments or benefits" or to gifts -- yet, these are all linked together as a single series. So either it applies to the three terms -- "retirement, pension or annuity payments" or just to annuity payments.
The clear way to write the statute (or at least my stab at it) if the intent is to apply the self-funding exception only to the last clause of the series would be this:
The term refers to gross income and includes prize winnings and tax-exempt income. The term does not include gifts, governmentally mandated payments or benefits, retirement, or pension, or to annuity payments funded totally by contributions of the public official or employee, or miscellaneous, incidental income of minor dependent children. 65 P.S. § 1102.
If the intent is to apply it to all three terms, a better wording would be:
The term refers to gross income and includes prize winnings and tax-exempt income. It also includes retirement, pension or annuity payments except where such payments are funded totally by contributions of the public official or employee. The term does not include gifts, governmentally mandated payments or benefits, or miscellaneous, incidental income of minor dependent children. 65 P.S. § 1102.
Haven't the people who write our statutes learned to avoid the double negative?
No. They have not. If you
No. They have not. If you think that is bad, you should read the Mechanic's Lien statute.
Hey, you're the lawyer
and that's why you get the big bucks, but my reading of that grammar is that it's pretty clear that the descriptive part of the clause refers to pensions as well as annuities. And anyway, logically, the only way that the descriptive part of the clause couldn't refer to pensions is if were intended that ALL pensions were excluded. Is there any question about whether that is the case? Couldn't that be confirmed through precedent?
I'm not a lawyer. I teach
I'm not a lawyer. I teach English and Comparative Literature.
Supporting Michael Nutter for Mayor.
Sorry, no intent to insult you
by calling you a lawyer, :-)
But I still disagree with your parsing. Yes, the grammar is somewhat amibiguous - but if it said:
(making "pension" plural and adding a comma), then I could see how the description of "payments funded totally by contribution" might apply only to annuities.
But I recognize that arguing about grammatical ambiguity contributes about as much good to the state of the universe as arguing about legal technicalities.
Not insulted
Oh, I wasn't insulted at all! Just a little sad at your mention of "the big bucks." (These brains -- they earn me nothing.)
And I think that the grammar as is could go each way -- if you read above, I offer ways the grammar could be clarified in either direction. One of them reads very similar to yours.
Yeah, but in your
Yeah, but in your version,
I think that "pension" (as a "countable" noun), would need to be made plural to make sense - and that's why I don't find the original wording all that ambigious.
Hmm. You just might be
Hmm. You just might be right. Good call.
So that’s why you are one of the best writers on this blog!
So that’s why you are one of the best writers on this blog!
I always read your stuff because it’s so clearly written—-even when you deal with technical matters.
Supporting Michael Nutter for Mayor
Well, since you weighed in
It would be interesting to hear Knox advocating loudly on behalf of giving Philly's citizens a voice on the casino issue.
Tom's already on the record as supporting the casino petition.
Didn't you know that?
Knox and casinos
Knox's position on casinos is probably his best attribute.
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http://benwaxman.com
Nope
Do you have some kind of link where I can find out more about his position on the casinos?
No link, but you can ask Anne Dicker.
And he's gone on the record with it in several public forums.
Agreed. And this is not
Agreed. And this is not coming from his biggest fan...
Gotta love internet video
Just want to point out for everyone that a statement by Knox "on the record" can be found in this video taken from The Next Great City mayoral forum. At 1:33:10 Knox professes his support for Dicker's attempts to get the ballot question passed and continues by suggesting a site for the casinos when he says "how about the naval base, way out where nobody actually lives. It would be a better spot."
He probably should have quit right there since if you continue watching through 1:33:30 he blows a lot of the goodwill he earned in an environmental forum and demonstrates his knowledge of ecosystems by saying "you wouldn't have to worry about the environmental impact if they're way out there." I guess he's also planning on building some sort of dome over the naval base.
Yet another reason why, once the "gong" goes off, it's better to stop talking.
So Tom doesn't speak in sound bytes...
And he's not as slick as someone who's been doing this for 20 years.
Look at what those "polished" politicians have left us with and explain to me again why they're so much better.
So I'll ask a substantive policy question
Does Mr. Knox really think that the environmental impact of casinos will be mitigated or eliminated by moving them to the naval base?
Four Lawyers Walk Into A Bar...
Here are Damon K Roberts, Irv Ackelsberg, Marc Stier, & Vern Anastasio trying to make heads from tails of the financial disclosure form:

You know things are bad when four lawyers need another four lawyers to figure out the language of a document required for entry into a race for public office...
I work for Damon K. Roberts in his run for City Council. Unless otherwise stated this and every comment by myself is the opinion of myself, and not of Damon or any other candidate, organization, committee, etc.
EXACTLY
This is not Democracy.
Now time for Brady, Lou Agre and Jim Kenney to start pushing for immediate reforms.
Yeah, I helped out on a
Yeah, I helped out on a disclosure form that day. It is no joke. I always say, the more disclosure the better. But, this is really absurd.
I'm not a lawyer
and, while we haven't done a final cut of our TV ads, I don't expect to play one on TV any time soon.
I'm a political philosopher. And reading Hegel, Heidegger, and Habermas is a lot easier than understanding the language in the instructions for the financial disclosure document.
Sorry, but if you can't
Sorry, but if you can't understand those instructions, and don't have the sense to call the Ethics Commission with questions, then perhaps you should stick to political philosophy and leave governing to someone with a bit more common sense.
Tick Tock
Like the title says, "Will Congressman Brady now help us end "gotcha" ballot challenges?"
wasn't Fumo the subject of a technicallity ruling last time?
Of course, it was in his favor--no surprise there. I think it had something to do with who had signed his form.
Please check your facts
Vern Anastasio was not "disqualified last time in his City Council challenge as a result of omitting mention of a paid government position on one line that he had already disclosed on another." His errors -- though certainly unintentional -- were far more signficant than that. While your version offers better support for your argument, it has the disadvantage of being completely innacurate. Perhaps you should have taken the time to read Vern's 2003 statement and the challenge before writing about them.
Do you have a link to said
Do you have a link to said statment and challenge? I would like to read it to see what actually happened.
Thanks
Understand that friends come and go, but with a precious few you should hold on. Work hard to bridge the gaps in geography and lifestyle, because the older you get, the more you need the people who knew you when you were young. ~ Mary Schmich
Anastasio's Form and Challenge
I'll try to find you a link. In the meantime, since I have copies, I'll explain what happened.
The challenged statement related to the 2002 calendar year. During that year, Anastasio held two paid positions. From January until July, he was employed by the Philadelphia Human Relations Commission (annual salary $55,711.00, prorated); for the remainder of the year, he was State Representative Babette Josephs' chief of staff (annual salary $55,011.00, prorated)
At block 10 of the SFI form, a candidate is required to list all direct or indirect sources of income for the prior calendar year or, in the alternative, to check a box indicating that he or she had no income during the prior year. ("If NONE, check this box.") Anastasio checked "NONE" and left the lines provided for identifying sources of income blank.
Anastasio didn't name the Philadelphia Human Relations Commission (or the city) as a source of income ANYYWHERE on his form. In his brief to the Commonwealth Court, his attorney acknowledged that "Anastasio also did not disclose his prior employment with the City of Philadelphia, Human Relations Commission because there was insufficient space on the form." (Though he somehow found the space to include it on his amended form and though the instructions clearly stated that an additional sheet could be attached.)
The argument that Anastasio simply stated the information in the wrong section of the form is apparently based on the following:
(1) At block 4 of the form, the candidate is required to identify any public position he "is seeking," "holds" or "held." Anastasio checked "held" and wrote in "Com House of Rep." Block 4, however, isn't limited to the prior calendar year; candidates are required to list public positions held at any point in time.
(2) Block 5 of the form requires the candidate to identify "Political Subdivision/Agency (Twp., Boro, Board, Commission, Agency, Authority, etc.) in which you are/were an Official or Employee." Block 5, like block 4, isn't limited to the prior calendar year and the information provided by Anastasio was, in any case, nonresponsive.
Anastasio's errors were therefore (1) he affirmatively represented that he'd had no income during the prior year; (2) he failed to identify the HRC anywhere on his form, although the agency had employed him for the majority of the year and was his largest source of income; and (3) his single reference to the "House of Rep" -- even under the most generous interpretation -- merely indicated that he had worked for the state at some point in time, but not during the year at issue.
A member of the public reading Anastasio's form would have had no idea what his income sources for the prior year had been. That's the entire point of the form. The mistakes, therefore, were hardly technicalities.
To his credit, Anastasio is forthright in acknowledging his errors. Anyone writing about them has, I think, an obligation to do the same.
Thank You
Would anyone who keeps saying that he just put his income source in the wrong place like to rebuff what was just said?
No, but....
I am not going to rebuff this, but I think I can say that Vern isn't the type of guy to willfully hide his sources of income. After all, I am pretty sure he talked about his position at the Human Relations Commission throughout the last campaign. I don't see the OP trying to slam Vern or anything, just explain more clearly what happened.
I have no doubt that Vern screwed up his petitions the first time around, but I can say that it wasn't intentional-- simply another case of someone being confused by complicated forms.
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http://benwaxman.com
No argument there. Vern also
No argument there.
Vern also had the misfortune of being the first candidate ever challenged on this issue (i.e., the SFI's substantive reporting requirements, as opposed to procedural errors in filing the form). At the time he filed his statement, almost no one paid attention to these forms. It was only Vern's case, and the high profile cases that followed it, that made candidates (including incumbents) start taking the disclosure requirements seriously. So if it's any consolation, Vern shouild consider that his case resulted in some public benefit, in the sense of increasing transparency in gpvernmemt.
If you really want the sordid details...
They're available in Ed Goppelt's hallwatch archives: http://www.goppelt.net/pipermail/hallwatch-announce/2003-March/000125.html. Includes PDFs of Verns original and amended SFIs.
Problems With the Daily News Article: Braxton In Court
Wait a minute. I think the Daily News article might not be presenting its facts as fully as they might. The big problem is here:
That might be true, but the primary reason Braxton was stricken from the ballot, and then only by the State Supreme Court after the Common Pleas and Commonwealth Courts ruled in his favor, was his failure to fully report his property and rental income. One motive Braxton may have had for failing to disclose this income was that he'd called another judicial candidate a "slumlord" in an earlier election.
Can anyone get their hands on the Supreme Court ruling and see whether it really establishes a precedent that the statute is to be interpreted as requiring a candidate to disclose all of their pension income unless it's self-funded, and that the failure of a candidate to disclose such income is a "fatal" failure?
Note that none of this affects the silliness of both the way the disclosure laws are written and purely procedural petition challenges. It only affects the likely success of any ballot challenge to Brady's mayoral petition. Brady should still get out in front on petition reform, since this incident shows how messed-up this whole thing is.
Supporting Michael Nutter for Mayor.
You're right. The DN has it
You're right. The DN has it wrong.
I have it. It is a very short, per curiam order that provides:
ORDER
PER CURIAM.
AND NOW, this 3rd day of May, 2005, the Petition for Allowance of Appeal is hereby GRANTED. Respondent did not disclose anywhere on his Statement of Financial Interests the sources of his rental income and the names and addresses of the creditors holding mortgages on his rental properties. See 65 Pa.C.S. § 1105(b)(4), (b)(5). In light of these omissions, the Order of the Commonwealth Court, which allowed Respondent to amend his Statement of Financial Interests and remain on the ballot, is REVERSED, and Respondent John L. Braxton's name is ordered to be STRICKEN from the primary ballot for the Democratic Party nomination for the Office of Controller in the City of Philadelphia. See 65 Pa.C.S. § 1104(b)(3) (providing that the “[f]ailure to file the *36 statement in accordance with the provisions of this chapter shall ... be a fatal defect to a petition to appear on the ballot”); see also In re Nomination Petition of Benninghoff, 578 Pa. 402, 411, 852 A.2d 1182, 1187 (2004) (interpreting the fatal defect rule of Section 1104(b)(3) as permitting an amendment to a financial statement where a candidate has substantially complied with the Ethics Act, such as where all of the statutorily required disclosures “can be facially obtained from the information provided on the form as a whole”).
It doesn't mention his
It doesn't mention his pension.
So, the question becomes, what is considered income. If you look at the case I cited above, which talks more about the statute at issue, the language is much, much more problematic for Brady.
Problematic Language
Dan, unless you're referring to something else, I replied to that subthread before I made this reply, and suggested ways the statute could be clearer. I think "problematic" is the best way to describe the language in the statute; I'm just not so sure that the language there is as problematic for Brady as you think it is.
In fact, Brady's lawyers could appeal to the series of Braxton decisions to show that none of the courts, from Common Pleas to the State Supreme Court, found cause to strike Braxton from the ballot for failure to disclose pension income, even though he was (I assume) specifically challenged for that violation all three times.
The real issue is Robin Hittle, general counsel for the State Ethics Board, who told the DN that: "The definition of income includes an exception for pension payments that are totally funded by the official or employee, and there's another exception for governmentally mandated payments." Is she right about this? If so, how and in what sense? The "exception" clause of the statute is one long, rolling mess. Unless there's case law to back it up, my bet is that Brady gets off in a walk. He may not even have done anything wrong.
Supporting Michael Nutter for Mayor.
I would say--there is no
I would say--there is no case law that expressly provides that in this situation a government pension cannot be a mandated payment.
If this winds up in courts, we will likely see new precedent created, precedent that could, potentially, help many people in this situation.
Honestly, that will come far before there is an actual change in the statute.
Actually, the lower court
Actually, the lower court did mention it:
The Supreme Court did not address it. However, the problematic language I was referring to was from another case- In Re Benninghoff.
They mentioned it, but my
They mentioned it, but my point is that they didn't see it as fatal, or even come down on one side or the other. And the Benninghoff case doesn't seem on its face to address my argument.
In Re Benninghoff directly
In Re Benninghoff directly addresses what are government mandated payments. They might overrule themselves, but, they directly address that.
I don't think the entire
I don't think the entire realm of GMPs was addressed. I'll read it again to ensure.
If this is what's still unclear...
Gaetano might be arguing that pensions count as government mandated payments. I am not, and have not, ever. Mine is a totally independent argument that the "self-funded" qualification could only apply to annuity payments. This is not addressed in Bennington.
I'm arguing that the court
I'm arguing that the court has not identified the entire gamut of GMPs. Further, I'm arguing that they have not identified what makes something mandated--statute, etc.
Edit lockout
Oh, Gaetano, you're so quick, that now I can't edit "Bennington" above to read "Benninghoff." Curse your blazing speed and my fallible memory.
But they have. They said
But they have. They said they are not things that arise out of a relationship of the government as an employer- instead they are things like UC compensation, and public assistance.
Further, think about it this way: Under your interpretation, the statute would be set up so that government employees, under an ethics act, have to disclose less than everyone else. In other words, the Legislature would be passing some sort of anti-sunshine, where government pensions, but not everyone else's pensions, get shielded.
His only argument is that pension and fully funded are not connected. But as DE points out, that is shaky too.
Again, basically, the Case
Again, basically, the Case Law is pretty clear that the definition of income in this statute is purposefully very broad, with a couple narrow exceptions spelled out.
I disagree with Gaetano- I think the government mandated payments has already been interpreted by the Court (as unemployment, public assistance, etc), and the bill would not mention pensions in the next paragraph if pensions were included. When interpreting a statute, you assume each part of a bill is there for a purpose, and if pensions counted under the first paragraph, they would be made redundant under the second. A judge will really have to stretch there.
Brady may get off, but now without a significant new precedent set. And, his only hope is that they define it as pensions are excluded, not just personally funded pensions.
Edit- or, to put it more clearly. The Court looked at the Statute, and basically decided that government mandated payments were payments that came out of the Govt's role in the welfare state- UC compensation, Public Assistance, etc. Not something that comes out of their role as an employer. Combining that, with the fact that pensions are specifically mentioned, it would be really hard to win on that.
If a judge wants him to win, it will be whether pensions and fully funded are connected.
Separate Issues
It definitely seems to me that "governmentally mandated payments" and "retirement, pension, and annuity payments" are distinct. The question is why you would construe the statute as specifically including a source of income when it's grammatically grouped with a number of other sources of income that are specifically excluded? As I said before, if pension income is included, why isn't it grouped in a series with prize winnings and tax-exempt income?
Bear in mind, I'm only an expert on language and grammar, not the law. I probably shouldn't be making predictions on how the law is interpreted, or what will or won't happen in court.
Are any Mayoral Candidates going to challenge Brady?
(aside from Milton?)
This is an interesting discussion but until there is a candidate with standing to challenge Brady, I fail to see that it'll even go to court.
The key question is, who among the candidates would challenge Brady? What are the risks versus the rewards? It seems to me like there is a lot of both to be spread around.
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Supporting Michael Nutter for Mayor.
Knox, obviously, is a
Knox, obviously, is a candidate to do it. But, it doesn't have to be a Mayoral candidate. It can be any voter in the City; so the likelihood is strong, especially from a hidden surrogate.
I think any registered voter
I think any registered voter has standing to challenge.
This is like click and
This is like click and clack.
It doesn't have to be a
It doesn't have to be a candidate. Every registered Democratic voter in Philadelphia has standing to bring the challenge. While there's typically a candidate behind the challenge, they're rarely the named petitioner.
Theater of the absurd
I just heard on the radio that Milton Street is going to challenge Brady staying on the ballot. So someone that was illegitimately trying to run for mayor is now challenging the legitimacy of another candidate. This would really be funny if it wasn't so sad.
I just can't believe all
I just can't believe all this mess.
I sometimes wonder if this could only happen in Philadelphia.
He will have trouble because
He will have trouble because at last glance, he was ruled to be a resident of NJ.
picky, picky, picky
picky, picky, picky
Brady's Lawyer
I at first thought Steve Cozen (an insurance subrogation lawyer) an odd choice to represent Brady in an election matter. Then I recalled that Cozen's firm, Cozen & O'Connor, recently hired former Pennsylvania Supreme Court Justice Sandra Schultz Neumann as a partner. Since the case is likely to end up in the State Supreme Court, I guess having a recently retired justice on his side seemed like a good idea to Brady.