Election Crime Bureau

Made possible by the Lindell Offense Fund

Extortive Clawback Clauses Dictating Election Operations as Condition of $10 Million Private Grant (PA)

Established Fact

“Philadelphia accepted a $10,016,074 CTCL grant that contractually required the city to ‘work to secure 800 or more in-person polling places on Election Day’ and to pay election judges and poll workers using private grant funds — $851,500 in hazard pay for 8,515 poll workers was budgeted directly within the grant agreement. The contract further required the city to expend funds only in accordance with an attached Philadelphia Safe Voting Plan approved by CTCL, and included clawback provisions under which CTCL could request the return of all or part of any unspent funds if it determined that conditions had not been met. This structure — in which a private foundation’s approval governed both the city’s operational plan and the conditions under which funds could be recovered — placed government election administration under a contractual framework controlled by a private actor.”

Citations

Philadelphia City Commissioners, “Chairwoman Lisa Deeley to Propose Motion to Accept $10 Million Grant to Conduct Safe Election This Fall,” Philadelphia City Commissioners official website. Available at: https://vote.phila.gov/archive/home/item/1827-motion_to_accept_grant_for_safe_election.html . [Note: This page announces the motion and grant purpose but does not contain the grant agreement text or conditions. Cite only for the announcement and grant amount.]

Center for Tech and Civic Life, Grant Agreement with the City of Philadelphia (Execution Copy, dated August 19, 2020). Amount: $10,016,074. Clause 6(iii): “The City and the Commissioners shall work to secure 800 or more in-person polling places on Election Day, pursuant to this Section.” Clause 9: “CTCL may discontinue, withhold part of, or request the return of all or part of any unspent Grant funds if it determines that any of the above conditions have not been met.” Poll Worker Hazard Pay budget line: $851,500 for 8,515 poll workers at $100 per worker. Full execution copy published by InfluenceWatch. Available at: https://www.influencewatch.org/app/uploads/2021/01/Center-for-Tech-and-Civic-Life-gives-10-million-grant-to-Philadelphia-for-election-aid.pdf .

Supreme Court Filing Pennsylvania Voters Alliance: https://www.supremecourt.gov/DocketPDF/20/20A82/159066/20201029111613862_SCOTUS%20Application%20Appendix%20and%20Compliance%2010-29-20.pdf | US Supreme Court