Conflict of Interest-Related Recusal Provisions
Alabama
A member of the legislature who has a personal or private interest in any measure or bill proposed or pending before the legislature, shall disclose the fact to the house of which he is a member, and shall not vote thereon. Ala. Const. § 82.
“No member of any county or municipal agency, board, or commission shall vote or participate in any matter in which the member or family member of the member has any financial gain or interest." (Ala. Code § 36-25-9(c))
No chamber rules found relating to when legislators should, should not, can, or cannot abstain from voting.
Alaska
A legislator shall declare a conflict of interest before voting on a question before a committee, and shall be excused from voting on a question before a house of the legislature, if the legislator or member of their immediate family has a financial interest in a business, investment, real property, lease, or other enterprise if the interest is substantial and the effect on that interest of the action to be voted on is greater than the effect on the general public of the state. (Alaska Stat. Ann. § 24.60.030)
“Unless required by the Uniform Rules of the Alaska State Legislature, a legislator may not vote on a question before a committee of the legislature, and shall request to be excused from voting on a question before a house of the legislature, if the legislator or a member of the legislator's immediate family has a financial [an equity or ownership] interest in a business, investment, real property, lease, or other enterprise if the interest is substantial and the effect on that interest of the action to be voted on is greater than the effect on a substantial class of persons to which the legislator or the family member who has the financial interest belongs as a member of a profession, occupation, industry, or region.” (Sec. 2. AS 24.60.030(g))
Arizona
Any public officer or employee of a public agency who has, or whose relative has, a substantial interest in any contract, sale, purchase or service to such public agency or a decision of a public agency shall make known that interest in the official records of such public agency and shall refrain from voting upon or otherwise participating in any manner as an officer or employee in the matter. Ariz. Rev. Stat. Ann. § 38-503.
Senate
Voting
A. When the Ayes and Noes are ordered, the names of Senators shall be called alphabetically, and each Senator shall without debate, declare the Senator's assent or dissent to the question, unless the Senator declares a personal financial interest in the question or is excused by the Senate, and no Senator shall be permitted to vote after the decision shall have been announced by the Presiding Officer, but may for sufficient reason change the Senator's vote prior to such announcement. No motion to suspend this rule shall be in order, nor shall the Presiding Officer entertain any request to suspend by unanimous consent.
B. When a Senator declines to vote on the second call of the Senator's name, the Senator shall be required to assign the Senator's reasons therefor. If the reason assigned is other than a personal financial interest in the question or a substantial interest as defined in the statutory code which is not a personal financial interest in the question, the Presiding Officer shall submit the question to the Senate: “Shall the Senator for the reasons assigned by the Senator, be excused from voting?” which shall be decided without debate; and these proceedings shall be had after the roll call and before the result is announced and any further proceedings in reference thereto shall be after such announcement.
C. When a vote is being taken using the electronic roll call system, the provisions of Rule 15.1 shall supersede any provision of this rule which is inconsistent therewith. (Senate Rule 15)
Personal Financial Interest
A. A member who anticipates taking an action in the discharge of his official duties in which he may have a personal financial interest shall: 1. Prepare a written statement describing the matter to be acted upon and the nature of the potential interest; and 2. Deliver a copy of the statement to the President, the Chairman of the Ethics Committee and the Secretary of the Senate. Such statement shall be retained by the Secretary of the Senate as a public record.
B. A member shall report a potential personal financial interest pursuant to subsection A as soon as the member is aware of such potential interest. If, however, such awareness occurs when the Senate is convened on the floor or during a meeting of a committee, subcommittee or caucus, a member shall report a potential personal financial interest as soon after the adjournment of that body as is practicable.
C. A member may abstain from taking any action in which he has a personal financial interest. Upon declining to participate in any legislative action on the floor, in committee or in subcommittee, the member shall, in addition to the requirements of subsection A, state his decision and the underlying reasons therefor and such decision shall be recorded in the Journal or minutes of that body.
D. A member in doubt as to the propriety of any action proposed to be taken by him and involving a potential personal financial interest under this rule may request the Ethics Committee to render an advisory opinion on the facts. The advisory opinion shall be issued not later than five days from the date of the receipt of that request and be filed with the President, the Chairman of the Ethics Committee and the Secretary of the Senate. Such opinion shall be retained by the Secretary of the Senate as a public record. (Senate Rule 30)
House
Voting
D. When a roll call vote is ordered, every member who shall be within the Hall of the House shall vote, aye or nay, unless the member has filed a statement of personal financial interest in the question or is excused by the House pursuant to subsection E.
E. Subject to Rule 4(B), when a roll call vote is ordered, no member shall leave the chamber until the vote is declared. The roll will be taken once only. When a member declines to vote, the member shall be required to specify the reason. If a member declares a personal financial interest in the question and the member has failed to file a statement pursuant to rule 35 or if the reason given is other than a personal financial interest in the question, the presiding officer shall submit the question to the House, "Shall the member be excused from voting for the reason given?" The question shall be decided without debate before the roll call vote is taken and the result is announced. (House Rule 14)
Personal Financial Interest
A. A member who anticipates taking an action in the discharge of his official duties in which he may have a personal financial interest shall: 1. Prepare a written statement describing the matter to be acted upon and the nature of the potential interest; and 2. Deliver a copy of the statement to the Speaker, the chairman of the Ethics Committee and the Chief Clerk. Such statement shall be retained by the Chief Clerk as a public record.
B. A member shall report a potential personal financial interest pursuant to subsection A as soon as the member is aware of such potential interest. If, however, such awareness occurs when the House is convened on the floor or during a meeting of a committee, subcommittee or caucus, a member shall report a potential personal financial interest as soon after the adjournment of that body as is practicable.
C. A member may abstain from taking any action in which he has a personal financial interest. Upon declining to participate in any legislative action on the floor, in committee or in subcommittee, the member shall state his decision and such decision shall be recorded in the Journal or minutes of that body. Prior to declining to vote in any legislative action on the floor, a member must first prepare a written statement describing the nature of the personal financial interest or the reason why the member is declining to vote and deliver the statement to the Office of the Chief Clerk and the office of the Speaker. If the member fails to file the statement prior to the member’s declaration on the floor, the member shall be subject to Rule 14 E.
D. A member in doubt as to the propriety of any action proposed to be taken by him and involving a potential personal financial interest under this Rule may request the Ethics Committee to render an advisory opinion on the facts. The advisory opinion shall be issued not later than 5 days from the date of receipt of that request and be filed with the Speaker, the chairman of the Ethics Committee and the Chief Clerk. Such opinion shall be retained by the Chief Clerk as a public record.
E. For the purposes of this Rule: 1. "An action in the discharge of his official duties" means introduction, sponsorship, debate, amendment, passage, defeat, approval, consideration or any other official action on any bill, resolution, memorial, amendment, confirmation, nomination, appointment, report or any other matter pending or proposed in a committee, subcommittee, caucus or on the floor of the House. 2. A personal financial interest exists if it is reasonably foreseeable that an action in the discharge of his official duties will have a material financial benefit or detriment either directly or indirectly on the member, his spouse or any minor child of whom he has legal custody, except that no personal financial interest exists if the legislator or such member of his household is a member of a class of persons and it reasonably appears that a majority of the total membership of that class is to be affected by such action. (House Rule 34)
Arkansas
No relevant statutory language on voting recusal was found.
Senate
A Senator shall not knowingly participate in the discussion of a question in committee, or on the floor of the Senate, or vote in committee or on the floor of the Senate on any matter in which the Senator knows: (a) He or she, or any member of his or her family, or a business in which the Senator has a financial interest, will derive a benefit as a result of legislative action. The Senator may have his or her abstention noted of record. (b) Will specifically relate to a business which employs the Senator or in which he or she receives compensation as an attorney or consultant. The Senator may have his or her abstention noted of record. (Senate Rule 24.06)
A Senator may participate and vote on any matter pending before a committee or on the floor of the Senate if he or she complies with one of the following processes for disclosing a conflict: (a) Conflict Disclosure in the Chamber Prior to beginning debate or voting, the Senator publicly discloses any compensation or financial interest he, she or the Senator’s family member may have regarding the matter. The disclosure of a conflict shall be made verbally or in writing. (i) Verbal Disclosure of a Conflict Disclosure of a conflict can be made verbally when a Senator shares information regarding the source of the compensation and the financial interest held. Such verbal conflict disclosure can be shared aloud by the Senator or read by the Secretary of the Senate and recorded in the Senate journal. (ii) Written Disclosure of a Conflict Disclosure of a conflict can be made when a Senator provides the Secretary of the Senate a letter detailing the source of the compensation and the financial interest held. Such written disclosure statement shall be read aloud by the Secretary of the Senate, recorded in the Senate journal, and posted to the Senate website. (Senate Rule 24.06)
A Senator who chooses not to participate in the discussion of a question in committee or on the floor of the Senate, or vote in committee or on the floor of the Senate because of a conflict as described in the aforementioned section [24.06(2)], shall not directly or indirectly lobby or in any way attempt to influence the action or vote of another member of the Senate. (Senate Rule 24.06)
House
Each representative is expected to vote on each question put before the House unless he/she has an immediate personal interest. (House Rule 5)
California
All public officials
An official with a disqualifying conflict of interest may not make, participate in making, or use his or her position to influence a governmental decision. When appearing before his or her own agency or an agency subject to the authority or budgetary control of his or her agency, an official is making, participating in making, or using his or her position to influence a decision any time the official takes any action to influence the decision including directing a decision, voting, providing information or a recommendation, or contacting or appearing before any other agency official. When appearing before any other agency, the official must not act or purport to act in his or her official capacity or on behalf of his or her agency. (Recusal Requirements, California Fair Political Practices Commission)
Senate and House
Legislators may not participate, by voting or any other action, on the floor of either house, or in committee or elsewhere, in the enactment or defeat of legislation in which he or she has a personal interest, except as follows:
(i) If, on the vote for final passage, by the house of which he or she is a Member, of the legislation in which he or she has a personal interest, he or she fi rst fi les a statement (which shall be entered verbatim in the Daily Journal) stating in substance that he or she has a personal interest in the legislation to be voted on and that, notwithstanding that interest, he or she is able to cast a fair and objective vote on the legislation, he or she may cast his or her vote without violating any provision of this rule.
(ii) If the Member believes that, because of his or her personal interest, he or she should abstain from participating in the vote on the legislation, he or she shall so advise the presiding offi cer prior to the commencement of the vote and shall be excused from voting on the legislation without any entry in the Daily Journal of the fact of his or her personal interest. In the event that a rule of the house requiring that each Member who is present vote aye or nay is invoked, the presiding offi cer shall order the Member excused from compliance and shall order entered in the Daily Journal a simple statement that the Member was excused from voting on the legislation pursuant to law. (Joint Rule 44)
Colorado
A member who has a personal or private interest in any measure or bill proposed or pending before the general assembly, shall disclose the fact to the house of which he is a member, and shall not vote thereon (CO Const. Art. 5, § 43)
A member of the general assembly who has a personal or private interest in any measure or bill proposed or pending before the general assembly shall disclose the fact to the house of which he is a member and shall not vote thereon (Colo. Rev. Stat. Ann. § 24-18-107)
Senate
Conflicts of interest ─ personal or private interests versus public interest ─ definition. (1) Subject to article V, section 43, of the state constitution, a Senator has the right to vote upon all questions before the Senate and to participate in the business of the Senate and its committees, and, in so doing, is presumed to act in good faith and in the public interest. When a personal interest conflicts with the public interest and tends to affect the Senator's independence of judgment, legislative activities are subject to limitations. Where any such conflict exists, it disqualifies the Senator from voting upon any question and from attempting to influence any legislation to which it relates. (2) A question arises as to whether a personal or private interest tends to affect a Senator's independence of judgment if the Senator: (A) Has or acquires a substantial economic interest by reason of the Senator's personal situation, distinct from that held generally by members of the same occupation, profession, or business, in a measure proposed or pending before the General Assembly; or has a close relative or close economic associate with such an interest. (B) Has or acquires a financial interest in an enterprise, direct or indirect, which enterprise or interest would be affected by proposed legislation differently from like enterprises. (C) Has or acquires a close economic association with, or is a close relative of, a person who has a financial interest in an enterprise, direct or indirect, which enterprise or interest would be affected by proposed legislation differently from like enterprises. (D) Has or acquires a close economic association with, or is a close relative of, a person who is a lobbyist or who employs or has employed a lobbyist to propose legislation or to influence proposed legislation on which the Senator has or may be expected to vote. (E) Accepts a gift, loan, service, or economic opportunity of significant value from a person who would be affected by or who has an interest in an enterprise which would be affected by proposed legislation. This provision shall likewise apply where such gift, loan, service, or opportunity is accepted by a close relative of the Senator. It shall not normally apply in the following cases: A commercially reasonable loan made in the ordinary course of business by an institution authorized by the laws of this state to engage in the business of making loans; an occasional nonpecuniary gift, insignificant in value; a nonpecuniary award publicly presented by a nonprofit organization in recognition of public service; or payment of or reimbursement for actual and necessary expenditures for travel and subsistence for personal attendance at a convention or other meeting at which the Senator is scheduled to participate and for which attendance no reimbursement is made by the state of Colorado. (Senate Rule 41)
House
A member who has an immediate personal or financial interest in any bill or measure proposed or pending before the General Assembly shall disclose the fact to the House, and shall not vote upon such bill or measure (House Rule 21)
Connecticut
A public official, including an elected state official or state employee who has a substantial conflict may not take official action on the matter (Conn. Gen. Stat. Ann. § 1-85)
No member who is interested in the decision of any question in such a manner that he cannot vote thereon may stay in the Senate when the question is discussed or decided. (Senate Rule 15)
Every member present in the House chamber, when a question is put by the speaker, shall vote, unless excused by the speaker and no member shall absent herself or himself from the House chamber without leave, unless there is a quorum without such member's presence (House Rule 40)
Delaware
A legislator who has a personal or private interest in any measure or bill pending in the General Assembly shall disclose the fact to the House of which he or she is a member and shall not participate in the debate nor vote thereon (Del. Code Ann. tit. 29, § 1002)District of ColumbiaNo employee shall use his or her official position or title, personally and substantially participate in a particular matter, or attempt to influence the outcome of a particular matter, in a manner that the employee knows is likely to have a direct and predictable effect on the employee's financial interests or the interests of a person closely affiliated with the employee (DC ST § 1-1162.23) Florida
A state public officer may not vote on any matter that the officer knows would inure to his or her special private gain or loss. Required to make every reasonable effort to disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes (Fla. Stat. Ann. § 112.3143)
Members are required to vote on all matters before the house except when abstention is required. Abstention is required when a member knows the vote would inure to his or her special private gain or loss. Disclosure is required (House Rule 3.2, Senate Rules 1.20 & 1.39)
Georgia
No relevant statutory language on voting recusal was found.
No member of any committee may abstain from voting unless the member or any member of the Senator’s immediate family has a direct pecuniary interest in the result of such vote which interest is distinct, unique or peculiar to the Senator or Senator’s immediate family. Senate Rule 2-4.2. Shall not vote on any question if a direct pecuniary interest in the result of such vote exists which is distinct, unique or peculiar to the Senator. Unanimous consent to be excused under this Rule should be moved verbally.
Every member in the chamber shall vote unless immediately and particularly interested therein or excused by the House. A motion to be excused must be made before the House divides or before the call of the yeas and nays is commenced, and it shall be decided without debate. The member making the motion may briefly state the reason why it should prevail. House Rule 133.
Guam
No employee shall take any official action directly affecting any business or other undertaking in which the employee has a financial interest or a private undertaking in which the employee is engaged as legal counsel, advisor, consultant, representative, or other agency capacity. 4 G.C.A. § 15205. Hawaii
No member shall refrain from voting unless excused by the President. The President may excuse a member who has a monetary interest in the question, or whose right to a seat in the Senate will be affected by the question, or whose official conduct is involved in the question. Senate Rule 71.
No member shall refrain from voting, subject to exceptions. House Rule 52.4. A conflict of interest, as determined by the presiding officer, is a reason to be excused from voting. House Rule 60.6 & House Rule 52.4.
Idaho
A public official shall not take any official action or make a formal decision or formal recommendation concerning any matter where he has a conflict of interest and has failed to disclose such conflict as provided in this section. Disclosure of a conflict does not affect an elected public official's authority to be counted for purposes of determining a quorum and to debate and to vote on the matter, unless the public official requests to be excused from debate and voting at his or her discretion. Idaho Code Ann. § 74-404.
If a member’s personal interest in the issue under consideration conflicts with the public’s interest, the member’s legislative activities can be subject to limitations, unless such conflicts are disclosed to the presiding officer or to the body. Upon disclosure of any such conflict, the member may vote upon any question or issue to which the conflict relates, unless the member requests to be excused. House Rule 38.
Every Senator, when a question is put, either on the Senate floor or in committee, being present and in his seat, shall vote. Any Senator upon a reasonable cause stated may move to be excused from voting. Such motion is undebatable and requires a two-thirds vote. A request to be excused from voting shall not be in order unless made before the Senate divides or the roll call is begun. A Senator with a conflict of interest under applicable law shall, on the day of and before casting a vote on the Senate floor, disclose the conflict verbally or in writing to all members of the Senate present. The presiding officer shall ensure that such disclosure is entered upon the Journal. A Senator with a conflict of interest under applicable law shall, on the day of and before casting a vote in committee, disclose the conflict verbally or in writing to all committee members present. The committee chairman shall ensure that such disclosure is recorded in the committee minutes. Upon disclosure of any such conflict, the Senator may vote upon any question or issue to which the conflict relates, unless the Senator requests to be excused. Senate Rule 39.
Illinois
When a legislator must take official action on a legislative matter as to which he has a conflict situation created by a personal, family, or client legislative interest, he should consider the possibility of eliminating the interest creating the conflict situation. If that is not feasible, he should consider the possibility of abstaining from such official action. He need not abstain if he decides to participate in a manner contrary to the economic interest which creates the conflict situation. 5 Ill. Comp. Stat. Ann. 420/3-202.
Senate rules allow for votes of yes, no, or present. Present votes have the effect of an abstention. Senate Rule 1-9. House rules do not explicitly authorize vote abstention practice. House Rule 49.
Indiana
Every member who is on the floor of the House when the question is put shall vote, unless excused by the House for special reasons. House Rule 45. All motions to excuse a member from voting shall be made before the call of the tally of the vote is made. No call of the yeas and nays shall be entertained on a motion to excuse a member from voting. All requests to be excused from voting shall be reduced to writing, including the reasons for the request, and entered upon the Journal. A member who is aware they will be making a request to be excused from voting on a matter shall not engage in floor debate except on the issue of the request. The Speaker shall recognize all requests to be excused from the rostrum before the vote. House Rule 46. Any member who has a direct personal or pecuniary interest in the result on any question shall ask to be excused and shall not vote on that question, except on budget or general revenue bills. Any member requesting to be excused from voting may make a brief statement of the reasons for making such request, and the question then shall be taken without further debate. House Rule 47.
Every senator shall vote on each question, unless excused from voting on a question because of a direct personal or pecuniary interest. Senate Rule 4. A Senator who has a direct personal or pecuniary interest in a piece of legislation which is so substantial as to affect the Senator's independent legislative judgment is not precluded from participating in committee and floor debate on the legislation, if the Senator publicly proclaims that interest. Senate Rule 92.
Iowa
Every senator present when a question is put shall vote “aye”, “no”, or “present” unless previously excused by the senate. Upon demand being made by any senator, the secretary of the senate shall call in alphabetical order the names of the senators not voting or voting “present”. Those senators called shall vote “aye” or “no” unless the senator states a personal interest in the question or concludes that he or she should not vote under the senate code of ethics. Senate Rule 23.
Duty to vote unless excused for special reasons. Must have asked to be excused from voting before the speaker puts the question. House Rule 75. Shall not vote if a conflict exists. House Rule 76.
Kansas
Any member directly interested in a question may be excused from voting when there is a call of the House. The member shall state the reasons therefor, occupying not more than five minutes. The question on excusing such member from voting shall be taken without debate and a 2/3 majority of members present shall be necessary to excuse such member. House Rule 2508.
Any Senator directly interested in a question may be excused from voting. Shall state the reasons for the request, occupying not more than 5 minutes. Otherwise, voting is required. Senate Rule 19.
Kentucky
A member who has a personal or private interest in any measure or bill proposed or pending before the General Assembly, shall disclose the fact to the House of which he is a member, and shall not vote thereon upon pain of expulsion. KY. Const. § 57.
A legislator shall not intentionally participate in the discussion of a question in committee or on the floor, vote, or make a decision in his official capacity on any matter if a conflict of interest exists. Personal interests must be disclosed on bills proposed or pending before the General Assembly and refrain from voting on the issue upon pain of expulsion. KY Rev. Stat. § 6.761.
Louisiana
Any elected official shall recuse him or herself from voting if a conflict of interest exists. Recusal does not prohibit participation in discussion and debate concerning the matter, provided that the conflict or potential conflict is disclosed prior to the discussion or debate. La. Stat. Ann. § 42:1120.
Recusal permitted from all committee proceedings relating to any question when a Senator believes he or she has a conflict of interest. Senate Rule 13.60. Members required to vote unless the Senate excuses the member. Senate Rule 12.1.
Every member who is in the House when the question is put shall give his vote. Recusal allowed in writing only for those who wish to recuse themselves. House Rule 10.1. A member may recuse him or herself from all committee proceedings relating to any question in which he believes he has a conflict of interest. House Rule 14.9.
Maine
A Legislator engages in a violation of legislative ethics if that Legislator votes on a question in connection with a conflict of interest in committee or in either body of the Legislature or attempts to influence the outcome of that question unless a presiding officer in accordance with the Joint Rules of the Legislature requires a Legislator to vote or advises the Legislator that there is no conflict. Me. Rev. Stat. tit. 1, § 1014.
Members of the House required to vote, unless the presiding officer excuses the member. A member may not vote on any question that immediately involves the member’s private right as distinct from the public interest. House Rule 401.12.
Senators required to vote, unless excused by the Senate or excluded by interest. Senate Rule 401.3.
A member may not vote on any question in committee when that question immediately involves that member's private right, as distinct from the public interest. Joint Rule 104.
Maryland
A member may not vote on a measure in which he has an immediate personal of financial interest. Members who recuse themselves are noted in the Journal as excused. Senate Rule 93 & House Rule 93.
Massachusetts
Any public official, as defined by section one of chapter two hundred and sixty-eight B, who in the discharge of his official duties would be required knowingly to take an action which would substantially affect such official's financial interests, unless the effect on such an official is no greater than the effect on the general public, shall file a written description of the required action and the potential conflict of interest with the state ethics commission. Mass. Gen. Laws Ann. ch. 268A, § 6A.
Every member must vote unless excused before the vote was taken. Senate Rule 57.
Members desiring to be excused from voting shall make application to that effect before the division of the House or the taking of the yeas and nays is begun. House Rule 48. Members shall make every reasonable effort to avoid transactions, activities, or obligations, which are in substantial conflict with or will substantially impair their independence of judgment. No member shall serve on any committee or vote on any question in which his or her private right is immediately concerned, distinct from the public interest. House Rule 16A.
Michigan
Every Senator is expected to vote on each roll call vote, unless absent or prohibited from voting by rule. Senate Rule 1.301. A Senator having a personal, private, or professional interest in a bill or alternative measure, of which he or she has knowledge, shall not vote on the bill or alternative measure and shall disclose in writing his or her interest in the bill or alternative measure. Senate Rule 1.306.
If a member desires to abstain from voting because of a potential conflict of interest, the Member may rise, announce his or her intent not to vote, and reserve the right to explain the abstention. House Rule 31.
Minnesota
In the event of a conflict of interest, a public official must prepare a written statement describing the matter requiring action or decision and the nature of the potential conflict, deliver copies of the statement to the presiding officer of the body of service. Minn. Stat. Ann. § 10A.07.
Every member who is in the Senate Chamber during a roll call shall vote upon the request of another member unless excused by the Senate. Senate Rule 41.1. A motion to be excused from voting must be made before the question is put. Senate Rule 41.2.
Must vote unless excused, excluding memorial resolutions. A member who does not vote must state reasons for not voting. A member who has an immediate interest in a question must not vote on it. House Rule 2.05.
Mississippi
No Senator shall be permitted to act in committee or to vote on a question in which his private interest, distinct from the public interest, is immediately concerned. Senate Rule 124.
No member shall vote on any question in the result of which he is peculiarly interested. House Rule 26.
Missouri
No elected or appointed official or employee of the state or any political subdivision thereof shall favorably act on any matter designed so as to provide a special monetary benefit to such official or his or her spouse or dependent children. In all such matters, such officials must recuse themselves. Mo. Ann. Stat. § 105.452. Must file a written report on the nature of the interest with the chief clerk of the House or secretary of the Senate to be recorded in the journal before the official action subject to the conflict occurs. Mo. Ann. Stat. § 105.461.
May abstain from voting. Senate Rule 51. No specific mention of requirements described in the Senate Rules for a Senator to abstain from a vote.
Every member shall be present within the hall of the House during its sittings, unless excused or necessarily prevented, and shall vote on each question put, unless he or she has a direct personal or pecuniary interest in such question. House Rule 94.
Montana
Must disclose potential apparent conflicts before official action is taken. Mont. Code Ann. § 2-2-112. A member who has a personal or private interest in any measure or bill proposed or pending before the Legislature shall disclose the fact to the house to which the member belongs. Joint Rule 10-60.
Unless excused, Senators must be present at every sitting of the Senate and shall vote on questions put before the Senate. Senate Rule 50-10.
Representatives shall vote to decide any motion or question properly before the House. A member who is present shall vote unless the member has disclosed a conflict of interest to the House. House Rule 50-200.
Nebraska
In the event of a potential conflict, a legislator shall prepare a written statement describing the matter and nature of the conflict. The statement shall state why, despite the potential conflict, he or she intends to participate. The statement shall be delivered to the ethics commission and the Speaker of the Legislature, which shall be filed with the clerk. Members of the legislature may abstain from voting in the event of a potential conflict. Reasons for abstention may be recorded in the Journal. Neb. Rev. Stat. Ann. § 49-1499.
Note: Nebraska is unicameral.
Nevada
A public officer shall not approve, disapprove, vote, abstain from voting or otherwise act upon a matter if it involves a conflict of interest without disclosing the interest. Disclosure must be made at the time the matter is considered. Nev. Rev. Stat. Ann. § 281A.420.
Every member is required to vote on all questions before the body unless the member is excused or makes a full and complete disclosure of a conflict. Assembly Rule 31. Should disclose and abstain from voting if a conflict exists. Senate Rule 23.
New Hampshire
No member who was present when the question was put shall abstain from voting unless by reason of a conflict or excused by the Senate for a special reason. Senate Rule 2-21.
If a member is present when a question is put, he or she must vote when called unless not participating due to a potential conflict of interest. House Rule 107.
New Jersey
No member of the Legislature shall participate by voting or any other action, on the floor of the General Assembly or the Senate, or in committee or elsewhere, in the enactment or defeat of legislation in which he has a personal interest. N.J. Stat. Ann. § 52:13D-18.
New Mexico
Every senator shall vote on each question stated from the chair, unless he has a direct personal or pecuniary interest in the event of such question. If any senator refuses to vote, unless he is excused by the senate or unless he has such interest, his refusal shall be deemed a contempt of the senate. Senate Rule 7-5. A senator desiring to be excused from voting may, when his name is called, make a brief statement, not occupying over five minutes, explaining his reasons for desiring to be excused. Senate Rule 7-6.
Every member of the house shall vote on each question or motion coming up before the house when requested to do so by the speaker, unless excused by a majority vote of those members present. House Rule 7-5.
New York
Every Senator shall be present within the Senate Chamber during the sessions of the Senate, unless duly excused or necessarily prevented, and shall vote on each question for which a vote is required stated from the Chair unless excused by the Senate, or unless he or she has a direct personal or pecuniary interest in the event of such question. Excused voting requires a 2/3 approval by the body. Senate Rule 9.
Every member who shall be within the bar of the House when a question is stated from the Chair shall vote thereon. A member may abstain from a vote only on the grounds that such vote will constitute a conflict of interest. Assembly Rule 5.2.
North Carolina
Legislators shall not participate in a legislative action if a potential conflict of interest exists. N.C. Gen. Stat. Ann. § 163A-217. Subject to some narrow exceptions that include notifying the state ethics board. N.C. Gen. Stat. Ann. § 163A-218.
Must vote if present. House Rule 24. Any member shall, upon request, be excused in advance from the deliberations and voting on a particular bill at any time. House Rule 24.1A.
Duty to vote, unless excused by the Senate. Senator may make a brief statement for the reasons for the motion. Senate Rule 29.
North Dakota
Every member who is present, before the vote is announced from the chair, shall vote for or against the question before the Senate, unless the Senate excuses the member. Members with personal or private interests in any measure shall disclose the fact and may not vote without consent of the Senate. Senate Rule 321.
House Rule 321 mirrors the senate rule.
Ohio
A legislator shall not vote on any legislation that the legislator knows to be actively advocated by a legislative agent or employer who has a qualifying relationship with the legislator. Qualifying relationships include employees, business associates, and persons hired to perform services involving a substantial and material exercise of administrative discretion in the formulation of public policy. Ohio Rev. Code Ann. § 102.031.
Every member present when a question is put shall vote unless excused or unless the member is the presiding officer and decides not to vote. A request to be excused from voting shall be accompanied by a brief written statement of the reasons for the request, which shall be acted upon by the House without debate. House Rule 57.
Senators must vote unless excused by the Senate. Request to be excused must be made before the Senate divides or before the call of the roll begins. Senate Rule 58.
Oklahoma
A member of the Legislature, who has a personal or private interest in any measure or bill, proposed or pending before the Legislature, shall disclose the fact to the House of which he is a member, and shall not vote thereon. OK Const. Art. 5, § 24.
Oregon
In the event of an actual or potential conflict of interest, a public official shall announce the nature of the conflict before taking any action thereon, refrain from participating in any discussion, vote, or debate on the issue. Or. Rev. Stat. Ann. § 244.120.
Pennsylvania
A member who has a personal or private interest in any measure or bill proposed or pending before the General Assembly shall disclose the fact to the House of which he is a member, and shall not vote thereon. PA Const. Art. 3, § 13. Puerto Rico Not able to locate relevant rules or statutes.
Rhode Island
A public official who may be required to take action, make a decision, or refrain therefrom that can reasonably be expected to result in a conflict of interest, shall, before taking action or refraining therefrom, prepare a written statement regarding the nature of the conflict and deliver that statement to the ethics commission. For members of the general assembly, he or she shall deliver a copy of the statement to the presiding officer of the body, who shall cause the statement to be recorded in the journal of the body and, upon request of the member, may excuse the member from votes, deliberations, or any other action on the matter on which a potential conflict exists. RI ST § 36-14-6.
No member shall vote on any question of private property if he or she is immediately and particularly interested. House Rule 32. Every member shall vote, unless excused by the Speaker. House Rule 33.
Any member who is present on the senate floor must vote. Senate Rule 8.3. No apparent exceptions, but presumably the statute forbidding action in the event of a conflict would supersede chamber rules.
South Carolina
Prohibition on acting where an apparent conflict of interest exists. Legislators are required to disclose the potential conflict to the presiding officer of the respective chamber. S.C. Code Ann. § 8-13-700.
South Dakota
Each member who is in the chamber when a question is put shall vote unless the body excuses the member. A member may pass only once on any roll call vote. Joint Rule 12-1. Duty to comply with all legal requirements regarding conflicts of interest. Joint Rule 1B-2.
Tennessee
No Senator shall vote on or influence any legislation before a committee or on the floor of either House, if the Senator has a personal interest that conflicts with the proper discharge of his or her duties, unless the Senator makes a declaration regarding that the personal interest will not influence the vote. Senate Rule 85.2.2 & 13.
A member may not take actions that put a personal interest in conflict with the proper discharge of the representative’s duties. House Rule 82.2.1. Disclosure of potential conflicts is required. House Rule 82.2.2.
Texas
A member who has a personal or private interest in any measure or bill, proposed, or pending before the Legislature, shall disclose the fact to the House, of which he is a member, and shall not vote thereon. TX CONST Art. 3, § 22.
A member of the legislature may not vote on a measure or a bill, other than a measure that will affect an entire class of business entities, that will directly benefit a specific business transaction of a business entity in which the member has a controlling interest. Tex. Gov't Code Ann. § 572.053. Before introducing, sponsoring or voting on a bill on a subject area in which a lobbyist who is the legislator's spouse or first degree relative, the legislator must file a disclosure statement. Tex. Gov't Code Ann. § 572.0531.
Utah
State officials must disclose any conflict or potential conflict of interest before taking an official action. Utah Code Ann. § 20A-11-1604.
Members of the Senate and House shall disclose any conflict of interest on any legislation or legislative matter. Joint Rule 6-1-102. Disclosure of a conflict does not prohibit a legislator from voting on any legislation or legislative matter. Joint Rule 6-1-201.
Immediately preceding or during roll call, a senator may make a brief statement explaining any conflict of interest. Senate Rule 2-3-101. A senator present within the chamber shall vote when a vote is being taken. Senate Rule 4-7-103.
Vermont
Every senator present shall vote when the yeas and nays are taken by roll call or upon a division of the Senate, unless excused by the Senate. Senate Rule 69. No senator shall be permitted to vote upon any question in which he or she is directly or immediately interested. Senate Rule 71.
When a vote is taken, every member present shall vote unless excused by the House. House Rule 73. Members shall not be permitted to vote upon any question in which they are immediately or directly interested. House Rule 75.
Virginia
A legislator who has a personal interest in a transaction shall disqualify himself from participating in the transaction. Does not apply to legislators participating in discussions or debates, provided that the interest is disclosed and he or she does not participate in the vote. Va. Code Ann. § 30-108.
Every senator present in the Chamber shall vote when any question is put or vote taken. A Senator with a personal interest in the transaction shall neither vote nor be counted upon it. Senate Rule 36.
Members present shall vote. No member who has an immediate and personal interest in the result of the question shall vote or be counted upon it. House Rule 69.
Virgin Islands
Not able to locate relevant rules or statutes.
Washington
A member who has a private interest in any bill or measure proposed or pending before the legislature, shall disclose the fact to the house of which he is a member, and shall not vote thereon. WA Const. Art. 2, § 30.
West Virginia
Members of the Legislature who have asked to be excused from voting or who have made inquiry as to whether they should be excused from voting on a particular matter and who are required by the presiding officer of the House of Delegates or Senate of West Virginia to vote under the rules of the particular house shall not be guilty of any violation of ethics under the provisions of this section for a vote so cast. W. Va. Code Ann. § 6B-2-5.
Wisconsin
No public official may take any action involving a conflict of interest. Wis. Stat. Ann. § 19.46.
Members present are required to vote, but may be excused for special cause by the senate. May not be excused after the senate has commenced voting. Senate Rule 73.
Members shall vote either aye or no unless paired with another member who is absent with leave, or unless the assembly for special cause excuses the member from voting. Assembly Rule 77.
Wyoming
A public official shall not make an official decision or vote on a matter or be involved in a contract if the official has a personal or private interest in the matter. Wyo. Stat. Ann. § 9-13-106 & 16-6-118.
Every member shall vote when a question is put, unless excused. House Rule 12.0. Members with personal interests in a bill shall disclose the fact to the house members at the time of initial consideration during committee of the whole or at the first time the conflict becomes apparent, or when introduced during the budget session and shall not vote therein. House Rule 12-3.
Senate rules largely mirror the House rules on voting and conflicts of interest. See: Senate Rule 12-1 & 12-2.