Fund-raising Bans During Legislative Sessions

by Karl Kurtz

Are bans on campaign fund-raising by legislators during legislative sessions a good idea?  That's the question that A.C. Kleinheider addressed in Nashville's TheCityPaper last week.  His commentary focuses on a proposal by Tennessee Lieutenant Governor (and Speaker of the Senate) Ron Ramsey, who wants to run for governor in 2010, to repeal his state's ban on fund-raising during session:

“To tie someone’s hand when they’re in the legislature when they’re running for another office doesn’t seem fair. The governor himself can raise money, if you’re a sitting congressman you can raise money, why shouldn't someone in the legislature, if they’re running for an office also be able to raise money? So that’s something we need to look at seriously,” Ramsey said discussing the law.

Kleinheider goes on to give a history and argue in favor of the repeal:

Unlike much of ethics and campaign finance legislation, the ban on fundraising during the legislative session was not passed in the immediate aftermath of either Operation Rocky Top or Operation Tennessee Waltz. The ban was passed in 1996, included in a reform bill at the insistence of Senator Ben Atchley. The provision sought to end the longstanding practice of fundraising during session, which many saw as rife with opportunities for corruption. Lobbyists and special interest, it was said, could be hit up for donations (or vice versa) at the very moment legislation was to be crafted and voted on.

The ban takes away the immediacy of all these theoretical potential quid pro quos. But does it really change the reality? Does the ban during the session really give us a cleaner legislature or does it just make us feel like our representatives are statesman while they are in Nashville rather than the political operators they so clearly are?

This ban, just like much campaign finance and ethics legislation, is mere window dressing. While basic laws and rules must be in place, those predisposed to proffer their office and influence are going to find a way to sell their souls and get their pieces of silver. Culture and character combats corruption far better than any piece of code.

I have never regarded fund-raising bans during session as a big deal one way or the other.  On the one hand, I agree with Kleinheider that they are mostly window dressing, and I am sympathetic to Ramsey's argument that it puts legislators who want to run for other offices at a competitive disadvantage.  But on the other hand, window dressing can be valuable in setting a tone and projecting an image.  Improving appearances of legislatures should not be lightly scoffed at.

Twenty-eight states have some form of limits on fund-raising during session.  This was a popular reform during the 1990s.  Checking our records for the last decade, we're not aware of any state that has repealed their limits once they were enacted.  Like many other legislative "reforms"--term limits, for example--once the genie is out of the bottle it's hard to put back in.

Comments

[Anne Dunn]

Louisiana law also prohibits the governor and his committees from accepting contributions during and immediately after a session. R.S. 18:1505.2(Q) for legislature and (R)for governor