Established Fact
Across CTCL grant jurisdictions for which agreements have been made publicly available, grant documents included enforceable contractual clawback provisions authorizing CTCL to discontinue, modify, withhold, or request the return of all or part of grant funds upon CTCL’s determination that grant conditions had not been met. The standard CTCL grant form used in Michigan and other states expressly vested this authority in CTCL’s “sole judgment.” Larger discretionary grants — including Philadelphia’s $10 million agreement — required the city to obtain grantor agreement before substituting line-item expenditures designated in the grant plan. The SCOTUS petition filed by the Pennsylvania Voters Alliance characterized these provisions as creating “a contingent, ongoing, and long-term liability” for recipient jurisdictions.
Citations
Philadelphia CTCL Grant Agreement (execution copy), 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.” 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.pdfhttps://www.influencewatch.org/app/uploads/2021/01/Center-for-Tech-and-Civic-Life-gives-10-million-grant-to-Philadelphia-for-election-aid.pdf
CTCL Grant Agreement, City of Novi (Michigan), Clause 9 (Oct. 12, 2020): “CTCL may discontinue, modify, withhold part of, or ask for the return all or part of the grant funds if it determines, in its sole judgment, that (a) any of the above terms and conditions of this grant have not been met, or (b) CTCL is required to do so to comply with applicable laws or regulations.” Reproduced in Novi City Council Consent Agenda Item E, available at https://cityofnovi.org/media/rqtaprey/10122020_consente.pdf
Philadelphia CTCL Grant Agreement (execution copy), Clause 5 (requiring repayment of funds for items not purchased absent “an agreed-upon substitution or expenditure or extension of time by grantor”). 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.pdfhttps://www.influencewatch.org/app/uploads/2021/01/Center-for-Tech-and-Civic-Life-gives-10-million-grant-to-Philadelphia-for-election-aid.pdf.
Petition for Writ of Certiorari, Pennsylvania Voters Alliance v. Centre County, No. 20-553 (U.S. Oct. 25, 2020), Appendix (Expert Report of J.R. Carlson): “The claw back language in the CTCL agreements represents a contingent, ongoing, and long-term liability for the political subdivision.” Available at https://www.supremecourt.gov/DocketPDF/20/20-553/158740/20201025234645691_SCOTUS%20Petition%20for%20Writ%20Pennsylvania%203rd%20Circuit%20Final%20with%20Exs%2010-25-20.pdf
Pennsylvania Voters Alliance SCOTUS Petition: https://www.supremecourt.gov/DocketPDF/20/20-553/158740/20201025234645691_SCOTUS%20Petition%20for%20Writ%20Pennsylvania%203rd%20Circuit%20Final%20with%20Exs%2010-25-20.pdf | US Supreme Court Filing