A House subcommittee recommended Thursday that the chamber suspend a rule that bans representatives from campaign fundraising during the General Assembly’s fiscal session, which begins Monday.
The motion made by a special subcommittee of the House Rules Committee will come before the full House on Monday shortly before the fiscal session begins at noon. The proposed suspension was a step beyond a House Rules Committee vote last week to craft a rule change that would allow representatives who arecandidates for federal office to raise funds during fiscal sessions.
The ban was put in place by a Democratic-controlled Legislature and has been in place for more than a decade. Republicans won control in 2012.
Members of the House and Senate are banned under the rules of their respective chambers from accepting contributions immediately before, during and immediately after a regular legislative session. But only the House rules specify that members may not take contributions during fiscal sessions or spe-cial sessions - a difference some representatives said puts them at a disadvantage.
Rep. John Vines, D-Hot Springs, made the motion to recommend suspending the rule for the fiscal session and convening a committee to propose changes to the rule to be taken up in the 2015 regular session.
To suspend the rules for the duration of the session, twothirds of the representatives present for the pre-session vote must agree to the motion. The number of representatives present also must reach a quorum - 51 of the 100 total members - for the vote to be valid.
Changing the rule requires a two-thirds vote of the entire membership regardless of how many representatives are present.
House Parliamentarian Buddy Johnson confirmed for the subcommittee Thursday that the vote to suspend the rules could be done via a voice vote at the discretion of Speaker of the House Davy Carter, R-Cabot.
Carter said in a telephone interview Thursday that he hasn’t seen the proposal and doesn’t know whether there will be a roll-call vote on the rules change.
Carter said he’s heard both opposition and support for changing the rule to allow fundraising.
“I’ve heard members on both sides, but getting a twothirds vote is not easy,” he said. “It’s going to be their call, and I’m not going to be lobbying either way on it.”
Rep. Warwick Sabin, D-Little Rock, sponsored a constitutional amendment duringthe 2013 session that will ask voters in November to support adjusting term limits to allow for more terms and enacting stricter rules on campaign-finance ethics, among other things. Sabin said Thursday that he would not support suspending the rules for this session, and predicted opponents will push for a roll call.
“Typically the decision on a voice vote is a ruling made from the chair, but anybody can call for the roll call. I think there are a sufficient number of people who would want to see a roll-call vote on this issue,” Sabin said.
“I think there are arguments to be made for looking at these rules, but my personal position would be to not change the rules at this late juncture because it has the appearance of self-interest for those members who are engaged in campaigns,” he said. “This issue deserves a little bit more time and a lot more careful consideration.”
The issue was raised last week by Rep. Bruce Westerman, a Hot Springs Republican who is running for the open 4th Congressional District seat. Westerman wrote a letter requesting that the Rules Committee interpret the rule, which he said conflicted with Federal Election Commission regulations. He also asked that the committee look at the rules in relation to members running for constitutional office.
Several subcommittee members pointed out that the committee had not been consistent in previous decisions of when to allow for fundraising and when to adhere to the ban. A 2003 request to allow for fundraising was granted, while a 2010 request was denied, said Rep. Mary Broadaway, D-Paragould.
“Me along with several other members felt like we were being arbitrary,” she said.
Rep. Andrea Lea, a Russellville Republican who announced last year that she would be running for state auditor, said she understood the need to consider changes to the rule but took issue with the timing.
“I think we’re at a point where if we are going to make a recommendation on the rules it should be made for philosophical reasons and not for circumstantial reasons,” she said. “I think that is a decision each of us will have to make: Are we members of the House, or are we candidates for office?”
Lea was the sole vote Thursday against asking for the rule suspension. She said that even if it passes, she will not accept contributions during the fiscal session.
“That’s the oath I took and the rules I agreed to,” she said.
Westerman was out of town Thursday, but a spokesman for his congressional campaign said the campaign is happy with the subcommittee’s motion.
“The campaign appreciates the consideration of the rules committee and appreciates their motion. And we look forward to a positive result on Monday,” said K. Ryan James, a campaign spokesman.
Westerman is one of two representatives who have already thrown their hat in the ring for federal offices. Rep Ann Clemmer, a Benton Republican, has announced her candidacy for the 2nd Congressional District seat.
Clemmer, who is a member of the Rules Committee, was out of town Thursday.
Many other representatives have declared their candidacies for constitutional offices in the 2014 election cycle, including those of treasurer, auditor, lieutenant governor and attorney general. Several other representatives have announced their intentions to run for state Senate seats.
Rep. Terry Rice, R-Waldron, who announced last month that he intended to challenge Sen. Bruce Holland, R-Greenwood, for the District 9 Senate seat, said in an interview Thursday that he would vote against the measure.
“I will hold a self-imposed blackout period if it is passed,” he said. “We’ve had enough ethics concerns in the last few months that have resulted in actions. I don’t think it’s necessary for this session.”
Other representatives who have announced their candidacies for other offices supported the measure Thursday.They said the fundraising restriction was flawed and put members at a disadvantage compared with other elected officials or challengers.
Rep. Andy Mayberry, R-Hensley, said Thursday that he realized the rule was unfair well before he declared his candidacy for lieutenant governor.
“I think we should level the playing field for everyone, regardless of whether I’m running for office. It puts members of the House at a distinct disadvantage,” he said. “I don’t disagree with the intent of ensuring during the legislative session that someone would not be unduly influenced by money. But a candidate can take contributions right up until the gavel starting the session and the moment the gavel hits ending the session. So I’m not sure how effective is it to preclude any nefarious actions taking place with that rule.”
Front Section, Pages 1 on 02/07/2014