With state lawmakers soliciting suggestions for government ethics reforms, a West Virginia law professor recommended Monday that lobbyists should be prohibited from giving campaign contributions to legislators, governors and other statewide elected officials.
Forest J. Bowman, a professor emeritus at WVU's law school, said a ban on lobbyist contributions would accomplish two things: Lobbyists would no longer feel compelled to donate to the campaigns of politicians they lobby, and elected officials could avoid the "appearance of impropriety."
"I recognize that this recommendation is not likely to be popular with many of you," Bowman told legislators at a joint House-Senate judiciary committee meeting Monday. "But I believe adopting legislation of this sort would make an important statement to the public, which you serve, that you're very serious about governmental ethics."
Several lawmakers suggested that lobbyists would find ways to skirt the ban by steering contributions to politicians from members of the special interest groups - or employees of the companies - represented by the lobbyists.
"Lobbyists could still direct those kinds of activities," said Delegate Tim Manchin, D-Marion. "I'm not sure you're not giving an appearance that's more form than substance."
Bowman said numerous states, including Connecticut, Alaska, California, Tennessee, North Carolina, Kentucky and South Carolina, have varying restrictions on lobbyist contributions to politicians.
Bowman's proposal would also bar lobbyists' immediate family members from giving money to candidates. And lobbyists would be banned from making contributions to political committees that funnel cash to candidates running for the Senate, House of Delegates, governor and other statewide offices, such as secretary of state, attorney general, auditor and treasurer.
"I recognize we're painting with a broad brush, but I think it's time to do it," Bowman said. "The statement you make is everything."
Under Bowman's proposed legislation, lobbyists could still volunteer for candidates' campaigns, attend fundraisers, pass out campaign materials, post yard signs and go door-to-door soliciting support for candidates, he said.
"They simply could not contribute financially to a candidate," Bowman said.
Sen. Herb Snyder, D-Jefferson, said most lobbyists - there are nearly 400 registered lobbyists in West Virginia - would welcome the change. Some lobbyists privately grumble they have to give campaign contributions to stay in state lawmakers' good graces.
"It would make many lobbyist here that deal with the Legislature extremely happy," Snyder said.
Delegate Barbara Fleischauer noted that lobbyists don't have to report the financial compensation they receive from the companies and associations they represent. Federal lobbyists have to report those earnings. State law also doesn't bar lobbyists in West Virginia from collecting bonuses or contingency fees when state lawmakers pass bills that lobbyists' clients support.
"I'm offended by the idea of a contingency contract," Bowman said. "And if you lobby the government, the income you get for lobbying and where the money comes from, I have no problem making that public."
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