Background

 

A PACleanSweep investigation has uncovered what appears to be a pattern of noncompliance by Supreme Court Justice Russell Nigro’s retention campaign.

 

As part of our ongoing research into incumbent campaign finance, PACleanSweep found 30 suspicious contributions in Nigro’s 2005 campaign finance reports.

 

Some of these contributions violate multiple provisions of Pennsylvania campaign finance reporting laws. To make this report easier to read, we have broken down the potential violations by category. While some of Nigro’s reported contributions may violate several aspects of campaign finance and campaign finance reporting law, each contribution is listed only once.

 

Summary

 

A review of the Cycle 3, 2005 and Cycle 4, 2005 reports of “Nigro, Russell – Campaign ‘05” suggests that Justice Russell Nigro has failed to comply with Pennsylvania campaign finance reporting law with regards to 30 contributions totaling $132,425. Of those, 13 contributions totaling $53,925 appear to be from sources prohibited by law.

 

Disclaimer

 

The statements made in this report represent the findings of PACleanSweep after a review of documents submitted by Justice Nigro’s campaign committee and made public by the Pennsylvania Department of State. It is not the intention of PACleanSweep to come to a conclusion regarding guilt or innocence. PACleanSweep merely sites the available documentation as reason for concern and cause for a further investigation by relevant authorities and the media.

 

 

 

Category I – Contributions Prohibited by Law

 

Pennsylvania law prohibits contributions from associations (except political committees). Contributions from banks, corporations, business associations, and other organizations are generally prohibited.

 

25 P.S. §3253 (Section 1663. Contributions or Expenditures by National Banks, Corporations, or Unincorporated Associations.) states:

 

(a) It is unlawful for any National or State bank, or any corporation, incorporated under the laws of this or any other state or any foreign country or any unincorporated association, except those corporations formed primarily for political purposes or as a political committee, to make a contribution or expenditure in connection with the election of any candidate or for any political purpose whatever except in connection with any question to be voted on by the electors of this Commonwealth. Furthermore, it shall be unlawful for any candidate, political committee, or other person to knowingly accept or receive any contribution prohibited by this section, or for any officer or any director of any corporation, bank, or any unincorporated association to consent to any contribution or expenditure by the corporation, bank or unincorporated association, as the case may be, prohibited by this section.

 

Parts A and C of Pennsylvania Campaign Finance Reporting System form are reserved for “contributions received from political committees.” Parts B and D are designated for “all other contributions.” The following 12 contributions were listed in Part D (“all other contributions, over $250.00”).

 

If we are to take Nigro’s submitted report at face value, the following 12 contributions came from law firms – not individuals – and should instead be attributed under the full names of the individuals contributing. In at least one case, Nigro identifies his contributor as an entity that is strictly prohibited from making political contributions: an LLC. In some other cases, PACleanSweep research has found evidence that these entities are LLCs. PACleanSweep was able to find no definitive evidence that any of the contributors listed below have the lawful capacity to make campaign contributions to Justice Nigro.

 

 

(Nigro fails to provide an occupation or identify the entity as a sole proprietorship or partnership. PACleanSweep is unable to determine whether this is a contribution from a lawful source.)

 

 

(Nigro fails to identify the entity as a sole proprietorship or partnership, or other entity lawfully entitled to make campaign contributions. Nigro lists the occupation as “attorney” (singular) but fails to provide the full name of the person making the contribution. PACleanSweep is unable to determine whether this is a contribution from a lawful source.)

 

 

(Nigro fails to identify the entity as a sole proprietorship or partnership, or other entity lawfully entitled to make campaign contributions. PACleanSweep is unable to determine whether this is a contribution from a lawful source.)

 

 

(Nigro fails to identify the entity as a sole proprietorship or partnership, or other entity lawfully entitled to make campaign contributions. PACleanSweep is unable to determine whether this is a contribution from a lawful source.)

 

 

(Nigro fails to identify the entity as a sole proprietorship or partnership, or other entity lawfully entitled to make campaign contributions. PACleanSweep finds no evidence that this contribution is from a lawful source. An inquiry directed to the contributor’s office was answered with, “We’re a corporation.”)

 

 

 

(Nigro fails to identify the entity as a sole proprietorship or partnership, or other entity lawfully entitled to make campaign contributions. Nigro lists the occupation as “attorney” (singular) but fails to provide the full name of the person making the contribution. PACleanSweep is unable to determine whether this is a contribution from a lawful source.)

 

 

(Nigro fails to identify the entity as a sole proprietorship or partnership, or other entity lawfully entitled to make campaign contributions. PACleanSweep is unable to determine whether this is a contribution from a lawful source.)

 

 

(Nigro fails to report an occupation or to identify the entity as a sole proprietorship, partnership, or other entity lawfully entitled to make campaign contributions. PACleanSweep is unable to determine whether this is a contribution from a lawful source.)

 

 

(Nigro fails to identify the entity as a sole proprietorship or partnership, or other entity lawfully entitled to make campaign contributions. PACleanSweep is unable to determine whether this is a contribution from a lawful source.)

 

 

(Nigro fails to identify the entity as a sole proprietorship or partnership, or other entity lawfully entitled to make campaign contributions. In fact, Nigro identifies the contributor as an “LLC” – suggesting that the contributor is a corporation and prohibited from making campaign contributions under Pennsylvania law.)

 

 

(Nigro fails to identify the entity as a sole proprietorship or partnership, or other entity lawfully entitled to make campaign contributions. PACleanSweep is unable to determine whether this is a contribution from a lawful source.)

 

 

 

Category II – PAC Contributions from an Unregistered PAC

 

Part C of Pennsylvania Campaign Finance Reporting System form is reserved for “contributions received from political committees over $250.00” Nigro’s Cycle 3 report lists the following contribution in Part C:

 

 

A search of Pennsylvania Department of State records yields no evidence of any such Political Action Committee. The Department of State lists all registered Political Action Committees on its website, yet lists nothing under the name of “Saul Ewing LLP.”

 

Pennsylvania law requires all political committees raising $250 to register with the state. As “Saul Ewing LLP” contributed $10,000 to Justice Nigro’s campaign, it would be required to register.

 

25 P.S. §3244 (Section 1624. Registration.) states:

     (a) Any political committee which receives contributions in an aggregate amount of two hundred fifty dollars ($250) or more shall file a registration statement, designed by the Secretary of the Commonwealth, with the appropriate supervisor within twenty (20) days after the date on which it receives such amount. Each committee in existence shall have sixty (60) days from the effective date of this amendatory act to comply with the requirements of this section.

 

Publicly available records suggest that “Saul Ewing LLP” is not lawfully registered as a political committee. If this is the case, its $10,000 contribution to Justice Nigro’s campaign is unlawful. If Justice Nigro or his treasurer were to knowingly accept a contribution from an unregistered committee, they would be committing a misdemeanor under 25 P.S. §3550 and 25 P.S. §3254. Furthermore, they would be forever disqualified from holding public office under 25 P.S. §3551.

 

 

 

Category III – Failure to Report Name of Person Contributing

 

Pennsylvania law requires a candidate to report the “full name…of each person who has made one or more contributions…in excess of two hundred fifty dollars.”

 

25 P.S. §3246 (Section 1626. Reporting by Candidate and Political Committees and other Persons.) states [emphasis added]:

(b) Each report shall include the following information:

         (1) The full name, mailing address, occupation and name of employer, if any, or the principal place of business, if self-employed, of each person who has made one or more contributions to or for such committee or candidate within the reporting period in an aggregate amount or value in excess of two hundred fifty dollars ($250), together with the amount and date of such contributions.

The six entries listed below attribute contributions to business entities without identifying the actual identity of the person contributing. Even if accepting these business contributions is legal, the law compels Nigro to report the name of the person contributing – not his or her business.

 

 

(Nigro identifies the contribution as coming from an “attorney” but fails to provide the person’s name)

 

 

(Nigro fails to provide the full names of the attorneys contributing)

 

 

(Nigro identifies the contribution as coming from an “attorney” but fails to provide the person’s name)

 

 

(Nigro fails to provide the full names of the attorneys contributing)

 

 

(Nigro fails to provide the full names of the attorneys contributing)

 

 

(Nigro identifies the contribution as coming from an “attorney” but fails to provide the person’s name)

 

 

 

Category IV – Failure to Report Other Information Required by Law

 

Pennsylvania law requires a candidate to report the full name, mailing address, and occupation of a contributor who gives more than $250. The law also requires the candidate to name and principal place of business of the contributor’s employer.

 

25 P.S. §3246 (Section 1626. Reporting by Candidate and Political Committees and other Persons.) states:

(b) Each report shall include the following information:

         (1) The full name, mailing address, occupation and name of employer, if any, or the principal place of business, if self-employed, of each person who has made one or more contributions to or for such committee or candidate within the reporting period in an aggregate amount or value in excess of two hundred fifty dollars ($250), together with the amount and date of such contributions.

Each of the following 11 reported contributions fails to provide one or more of the required pieces of information. (Note: full mailing addresses were submitted by Justice Nigro’s campaign via text file and are omitted from the report. As such, we do not consider the absence of a full street address to be a failure to comply with reporting requirements. Each of the contributions listed below violates other provisions of campaign finance reporting law.)

 

Additionally, some of the contributions listed previously may be in violation under this category. In the event that a contribution listed in Category I, Category II, or Category III was misreported (i.e. the contribution came from an individual and not the business or organization to which it was attributed), that contribution would represent a de facto violation of Section 1626 for failure to accurately identify the full name of the contributor.

 

 

(Failure to report occupation and employer)

 

 

(Failure to report employer)

 

 

(Failure to report occupation and employer)

 

 

(Failure to report employer)

 

 

(Failure to report employer)

 

 

(Failure to report occupation and employer)

 

 

(Failure to report occupation and employer)

 

 

(Failure to report occupation and employer)

 

 

(Failure to report occupation and employer)

 

 

(Failure to report occupation and employer)