National Conference of State Legislatures - The Forum for America's Ideas
Legislatures & Elections » Ethics » To Vote or Not to Vote: Conflict of Interest and Voting
Go 15269
Share Send a comment

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

 

Updated November, 2009

When legislators are faced with a potential conflict of interest, in most states they can turn to specific regulations and procedures on when and how to handle the conflict. These may differ from chamber to chamber within the same state.

The table below outlines the procedures legislators must follow if they have a personal or financial interest in a measure before the legislature. Voting Recusal Provisions provides 50 state information on when legislators must recuse themselves from voting. Definitions of Conflict of Interest also guide legislators in determining whether or not a conflict exists.

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. 

 

 

 

 

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

 

 X
(in certain cases)

 

Arizona

 

X
(in certain cases)

  X
(in certain cases)

X

Arkansas Senate

 

 

 X

(if conflict is not disclosed)

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

(member does not need to ask permission to abstain)

 

X
in certain cases; see statutory reference.

X

May participate in floor discussion after conflict is disclosed.

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

(in certain cases)

X

Louisiana

 

X

 

X
May participate in floor discussion or debate after conflict is disclosed.

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 Assembly

 

 

 

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

 

X

(if he has a direct personal or pecuniary interest)

 

New Mexico House

X

 

 

 

New York
Senate

 X
(must state reasons and be approved by 2/3 of the body.) 

 

X

 

New York Assembly

 

X

 

 

North Carolina Senate

 

 X

X

(and must disclose in writing)

 X

(in certain cases)

North Carolina House

 

 X

X

(and must disclose in writing)

 X

(in certain cases)

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

(shall not vote, but shall disclose)

Oregon

 

 

 

X

Pennsylvania

 

 

X

X

(shall not vote, but shall disclose)

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
Senate

 

 

 

X

 

(shall disclose, and shall be excused from vote)

South Carolina
House

   

X

X

(shall disclose, and shall be excused from vote)

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

(shall disclose, but shall not vote)

West Virginia Senate

 

 

X

 

West Virginia House

 

 

 X
Member must request to be excused from voting.

X

Wisconsin

 

 

X

 X

Wyoming

 

 

X

 X

(shall disclose, but shall not vote)

 

 

 

 

Related Documents

Ethics

Issues & Resources

Find the NCSLstaff member who handles the issue in which you are interested.

NCSLprovides access to current state and federal legislation and a comprehensive list of state documents, including state statutes, constitutions, legislative audits and research reports.

Members

As legislators and legislative staff, you are part of the nation's largest, most influential and only bipartisan organization of state legislators and staff.Learn about the resources NCSL has for you.

NCSL offers an array of services for legislative staff. Find out what's available.

Denver Office
Tel: 303-364-7700 | Fax: 303-364-7800 | 7700 East First Place | Denver, CO 80230

 

Washington Office
Tel: 202-624-5400 | Fax: 202-737-1069 | 444 North Capitol Street, N.W., Suite 515 | Washington, D.C. 20001

©2013 National Conference of State Legislatures.  All Rights Reserved.