Philly City Council is advancing legislation to let members keep their jobs while running for Congress

Philadelphia City Council is attempting once again to change city law to allow members to keep their jobs while running for higher office, an effort that has already failed three times in the last 20 years.

Maybe the fourth time’s really the charm?

This attempt is a little bit different. A Council committee on Wednesday advanced legislation to change the 70-year-old resign-to-run rule that requires city officeholders to leave their jobs while campaigning for another office.

But the legislation — which must be approved by a majority of voters through a ballot question — doesn’t repeal the rule entirely. It merely narrows it to allow members to keep their seats if they are seeking state or federal office, such as seats in Congress or the state General Assembly.

Under the new proposal, Philadelphia’s resign-to-run rule would remain in place for members seeking a city office, like mayor or district attorney.

» READ MORE: What is Philly’s resign-to-run rule?

That distinction makes the rule change more likely to become reality, said Councilmember Isaiah Thomas, who sponsored the legislation even though voters rejected attempts to eliminate the rule in 2007 and 2014.

More than a year ago, Thomas proposed that the city try again to eliminate the rule entirely. But this week, he amended his proposal to apply only to those seeking state or federal office, calling that a compromise.

“I personally think that you should be able to run for mayor and keep your seat in City Council,” Thomas said. “But that’s not what the majority of people who I’ve talked to feel. And I don’t think that this should be about how I feel. It should be about what’s best for the city.”

Thomas, a Democrat in his second term who represents the city at-large, is one of several Council members rumored to have aspirations for higher office. But there is not currently an obvious seat for him or his colleagues to seek.

The earliest a rule change could be implemented is next year — too late for a Council member to run without resigning in the crowded and closely watched race to succeed retiring U.S. Rep. Dwight Evans (D., Philadelphia).

Thomas said he is not currently interested in serving in Washington — he has two young children — but said he has some “amazing colleagues” who may want to run for Congress in the future.

The resign-to-run rule has been codified in the Home Rule Charter since 1951 when the charter was established. Proponents have long said that public servants should not be influencing policy while campaigning for another office.

But others contend that the rule — which applies to Council members, row office holders, and members of the mayor’s administration — creates an unnecessary barrier for people who want to run for higher office but can’t financially withstand giving up their salary.

The rule also recently led to a handful of lawmaker vacancies. In 2022, six of City Council’s 17 members — including now-Mayor Cherelle L. Parker — resigned to run for mayor, at times making it complicated for the city’s legislative body to govern.

Multiple ethics officers said they oppose the change as it’s currently proposed. Jordana Greenwald, general counsel for the city’s Board of Ethics, said the board was not involved in drafting the rule change, and has a handful of “technical” concerns about its implementation.

“What we don’t want is for this to be passed and then it to become something where there are unintended problems or pitfalls for people who choose to take advantage,” Greenwald said.

Thomas said there is “plenty of time” to address the board’s concerns before passage. He is hopeful the legislation can be passed in time for a question to appear on the 2026 primary election ballot in May.

But Lauren Cristella, CEO of the good-government group Committee of Seventy, questioned the urgency and said Council should give the Board of Ethics time to do its “due diligence.”

While the Committee of Seventy has supported past attempts to repeal resign-to-run, Cristella said she does not understand the purpose of a carveout for members seeking state or federal office.

And she said any repeal should be paired with a three-term limit for Council members, who are currently not term limited.

“Philadelphians deserve comprehensive, not piecemeal, reform here,” she said.

Several Council members said they support Thomas’ legislation, pointing out that state and federal lawmakers do not need to resign from their jobs to seek higher office.

“It’s an issue of consistency across the board,” said Councilmember Cindy Bass, a Democrat who represents parts of North and Northwest Philadelphia. “It’s crazy when everyone’s doing something different.”