In Your State - Wisconsin
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Center Identifies Potential for Conflict in State Legislature
WASHINGTON, September 24, 2004 — The Center for Public Integrity today released results of its year-long examination of state legislators' personal financial disclosures. Researchers entered lawmakers' outside ties into a database and cross-referenced them with committee assignments and lists of lobbying organizations. In this way, the Center analyzed three key indicators of the potential for conflict: overlapping committee seats, ties to lobbyists, and employment by other government agencies. Of 130
state legislators in office in 2001 and disclosing their interests in 2002, in
Wisconsin:
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Go directly to filings: State Receives C for Disclosure of Legislative Outside Ties
WASHINGTON, April 20, 2006 — Meanwhile, Wisconsin ranked 19th in the nation for making basic
information on state legislators' income, assets and potential
conflicts of interest available to the public.
Wisconsin received 70 out of a possible 100 points. Report Card >>
Sample Filing(s): Statement of Economic Interests |
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A Wisconsin statute prohibits legislators from voting when they have conflicts of interest, and they can obey the law by invoking chamber rules that allow them to request recusals for "special cause."
According to the Wisconsin statute (Section 19.46, pg. 15: The Code of Ethics), a legislator must not take any official action "substantially affecting a matter" in which the legislator, an organization he or she is associated with, or an immediate family member has a "substantial financial interest."
According to Assembly Rule 77 and Senate Rule 73, all members who are present must vote unless excused "for special cause."
In practice, according to Assembly Chief Clerk Patrick Fuller, a member of the Assembly who feels he or she has a conflict of interest can deal with it in a number of ways. The member may stand on the floor after debate, but before the vote is taken, and ask the Speaker to be excused. Or, the member might simply not show up for the vote.
Fuller said that if a member wishes to explain a recusal, he or she usually does so in caucus. He described the entire process as "pretty informal," but noted that "everybody wants to do the right thing." Requests to be excused from voting are recorded, with citation of rule 77, in the Journal.
According to Senate Assistant Chief Clerk Donna Doyle, a senator who has a conflict of interest will stand on the floor before the roll call vote is taken, at any time during or after debate, and ask to be excused. The request is always granted, and the Journal records that the senator was excused from voting with unanimous consent "pursuant to Rule 73."
According to Doyle, some senators, but not all, give their reason for abstaining when they make the request.
The Wisconsin Senate and Assembly Journals exist in searchable electronic format and are available online.