Should [US] lobbyists have to disclose sex with lawmakers?
By Sue Reisinger, From Corporate Counsel
At least one lawyer has spoken out against a proposed ethics bill in Missouri that would require lobbyists to disclose as a “gift” any sexual relations with state lawmakers or their staffers.
Jessica Tillipman, an assistant dean and lecturer at the George Washington University Law School, calls the bill “invasive.” Tillipman often writes about bribes and gifts as senior editor for the FCPA blog.
And while “we firmly believe in the importance of a rigorous ethics regime, several aspects of this proposal are concerning,” the blog states. The article was co-authored by second-year law student Whitney Suflas.
In addition to privacy concerns, the blog cites the vagueness of the term “sexual relations,” as well as the potential for manipulation and even extortion if a lobbyist threatens to expose a real or fake relationship unless the lawmaker votes a certain way.
Missouri state Rep. Bart Korman, a Republican from High Hill, introduced the bill in January to try and discourage sex scandals. Although there has been no public sex scandal involving corporate lobbyists recently in Missouri, two state legislators did leave office last year after being accused of sexual misconduct with interns.
Korman’s bill reads: “The term ‘gift’ shall include sexual relations between a registered lobbyist and a member of the general assembly or his or her staff. Relations between married persons or between persons who entered into a relationship prior to the registration of the lobbyist, the election of the member to the general assembly, or the employment of the staff person shall not be reportable.”
But the bill continues, “The reporting of sexual relations for purposes of this subdivision shall not require a dollar valuation,” as the reporting of other gifts does.
While Korman’s bill is not expected to pass, his idea is not so far-fetched. And it is not the first time someone has questioned whether a lawmaker’s sexual tryst with a lobbyist is a reportable gift.
The North Carolina State Ethics Commission actually reviewed the topic and published an opinion on it last year. That group found that a consensual relationship between a lobbyist and a lawmaker is not reportable as a gift because it lacks monetary value.
However, if a lobbyist or any principal provides a paid prostitute to a lawmaker, it “could constitute a gift or thing of value, albeit an illegal one, depending on the particular facts,” the opinion added.
Tillipman’s blog doesn’t suggest how a state should deal with lobbyists who trade sex for votes. It simply concludes, “We applaud legitimate attempts to strengthen state ethics laws, particularly at a time when most state regimes are notoriously lax. In this case, however, Missouri needs to go back to the drawing board.”
IMAGE: J. Albert Diaz
