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To Vote or Not to Vote: State Provisions on Conflicts of Interest and Voting

The Center for Ethics in Government - UPDATED April, 2007--reflects statutes in effect as of 12/31/06

This table is intended to provide general information and does not necessarily address all aspects of this topic.  Because the facts of each situation may vary, this information may need to be supplemented by consulting legal advisors.  It reflects in summary form statutes in effect as of 12/31/06 or statutes set to take effect shortly thereafter.

 

  When a legislator has a personal or financial interest in a measure before the legislature, he or she...
State
May Ask Permission to Abstain from Voting
May Recuse Themselves from Voting
Shall Not Vote on the Matter       
Must Disclose Conflicts Before or Shortly After Voting
Alabama     X  
Alaska X      
Arizona   X
(in certain cases)
  X
(in certain cases)
X
Arkansas Senate       X
Arkansas House     X X
California   X
in certain circumstances
  X
in certain circumstances
X
if the member
wants to take part
in the final vote
Colorado     X X
Connecticut     X    
Delaware     X X
Florida     X X
Georgia     X  
State
May Ask Permission to Abstain from Voting
May Recuse Themselves from Voting
Shall Not Vote on the Matter          
Must Disclose Conflicts Before or Shortly After Voting
Hawaii     X
The presiding officer must rule whether a conflict exists.
X
Idaho X     X
Illinois  

X

  X
If legislator decides to abstain
Indiana Senate X     X
If legislator has been excused from voting, he can participate in discussion if he publicly proclaims his interest.
Indiana House     X
The member shall asked to be excused and shall not vote on the measure, however, the body votes on whether to excuse.
 
Iowa Senate X   X
in certain cases; see statutory reference
X
Iowa House     X X
State
May Ask Permission to Abstain from Voting
May Recuse Themselves from Voting
Shall Not Vote on the Matter          
Must Disclose Conflicts Before or Shortly After Voting
Kansas X      
Kentucky     X X
Louisiana   X   X
Members shall either recuse themselves or file a statement explaining why they can participate fairly despite the conflict.
Maine     X  
Maryland     X  
Massachusetts Senate       X
Massachusetts House     X
Also, no member shall serve on a committee in which his private right is immediately concerned, distinct from the public interest.
X
Michigan Senate     X X
If it might appear that the legislator is voting on a bill in which he has a conflict, he may file a statement explaining his reasons for voting.
Michigan House X      
State
May Ask Permission to Abstain from Voting
May Recuse Themselves from Voting
Shall Not Vote on the Matter         
Must Disclose Conflicts Before or Shortly After Voting
Minnesota Senate X     X
Minnesota House     X
The body must vote as to whether to excuse the person.
X
Mississippi     X  
Missouri Senate       X
A current financial disclosure form suffices.
Missouri House     X X
A current financial disclosure form suffices.
Montana   X   X
Nebraska   X   X
Nevada Senate     X  
Nevada House X     X
New Hampshire       New Hampshire has unique financial disclosure requirements.
New Jersey     X  
State
May Ask Permission to Abstain from Voting
May Recuse Themselves from Voting
Shall Not Vote on the Matter         
Must Disclose Conflicts Before or Shortly After Voting
New Mexico Senate     X  
New Mexico House X     X
New York Senate     X  
New York Assembly   X    
North Carolina Senate                X  
North Carolina House                X  
North Dakota     X
UNIQUE CASE:
Members shall not vote without permission from their respective bodies.
X
State
May Ask Permission to Abstain from Voting
May Recuse Themselves from Voting
Shall Not Vote on the Matter          
Must Disclose Conflicts Before or Shortly After Voting
Ohio Senate

X
in most conflict situations

  X
Members can't vote on bills if they're being advocated by lobbyists who are associated with the member in certain ways.
 
Ohio House

X
in most conflict situations

  X
Members can't vote on bills if they're being advocated by lobbyists who are associated with the member in certain ways.
 X
If requesting to be excused
Oklahoma     X X
Oregon       X
Pennsylvania     X X
Rhode Island Senate X     X
Rhode Island House X
in most conflict situations
   X
on matters concerning private property in which members are immediately and particularly interested
X
South Carolina     X X
South Dakota X      
Tennessee Senate       X
Members shall disclose that they have conflicts, but it doesn't appear that they must disclose any details about that conflict.
Tennessee House    No provisions found.
Texas     X X
Seperate disclosure required before action on bills whose subject areas associated lobbyists work on.
Utah       X
An up-to-date conflict of interest form suffices.
State
May Ask Permission to Abstain from Voting
May Recuse Themselves from Voting
Shall Not Vote on the Matter          
Must Disclose Conflicts Before or Shortly After Voting
Vermont     X  
Virginia     X  X
Legislators can take part in the discussion of measures if they disclose their conflict.
Washington     X X
West Virginia Senate     X  
West Virginia House      X
Member must request to be excused from voting.
X
Wisconsin     X  X
Wyoming     X  X

 

 

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