As the following draft proposes, this reform could also be enacted as a law covering the executive and judicial branches as well. That would probably happen only if leverage is gained from being first adopted as a rule in one legislative chamber.
Listen to a podcast about this reform, or read a draft law review article about its impeccable legal basis. Please comment here on any recommended changes or improvements, and then take action. Demand such a reform from all of your own corrupt legislators as a litmus test for them to receive the continued benefit of your vote, or of your continued non-voting apathy, whichever has been your own form of communicating consent, or lack of it.
Conflict of Interest Recusal Act
(April 28, 2015; October 19, 2015, rev. Feb. 24, 2016)
CHAPTER A. DISCLOSURE
1. Since the U.S. Supreme Court has declared that "money is speech," each elected public official is required to maintain a record of all such "constitutional communications" or "speech" made to them in the form of money or other material benefit.
2. An elected official shall designate specifically in their report of contributions made to the Secretary of State under [state law, or to the FEC under federal law] and continuously update, what that money or other received or promised benefit specifically communicated to the official with respect to the officials' public duties. Any contribution in excess of $XXX or any contribution that is bundled must be returned unless the "constitutional speech" it communicates in the form of policy demands can be and is clearly and specifically reported by the official, mentioning each specific legislation or other official action which the "constitutional communication" requests in the view of the official and official's staff, as that "speech" may be inferred from direct or indirect communications from the contributor, the contributor's publicists or affiliated lobbyists or any other intermediary whatsoever with the official, official's staff, campaign or any other associate or contact whatsoever.
3. Contributions known to have been made in the form of an independent expenditure for the official or against an opponent shall be recorded in a similar manner.
4. Any such "constitutional communications" or "speech" made in the form of money for which the content of the speech is not reported in accordance with this law shall be considered to not be "constitutional speech," and therefore is unprotected by the First Amendment. Any such payment will be presumed to be an unlawful payment in the nature of bribery for public services, or unlawful acquisition of undue influence over public policy, and shall be prosecuted as such.
5. Lobbyists shall enter in a directory any official action for which they have been hired to, or do make, official contacts in accordance with [state or federal law]. They shall record with respect to each specific official act shown in directory entries pursuant to chapter [ xxx of state or federal law] every direct or indirect contact with a legislator and both the ultimate and all intermediary sources of payment to the lobbyist for making such contact.
6. Any person employing any lobbyist shall record in the directory all contributions and independent expenditures made to or for officials with respect to any item recorded by such lobbyist in the directory.
7. The Secretary of State [or Commission on Ethics established under Chapter C hereof[ shall maintain a public integrated "conflict of interest" relational database compiled from the lobbyist directory, campaign contribution reports by donors and recipients that links all information reported to it or derived from its own investigations, which shall connect specific legislative acts to all "constitutional communications" made to or for officials as well as any related contacts made by lobbyists hired by the source of those "constitutional communications." The database shall clearly and prominently identify any official's conflicts of interest with respect to any pending legislative action based on payments made by privately interested parties.
CHAPTER B. CONFLICT OF INTEREST RECUSAL
1. No elected official may vote upon, advocate for or against the enactment of any law or policy, or the taking of any official action of any kind on any matter with respect to which the official has reported under Chapter A, or the lobbyist directory or relational database shows, that the said policy demand or communication corresponds to the receipt by the official of a "constitutional communication" in the form of a contribution or expenditure. A violation of this conflict of interest recusal rule shall be grounds for both action by the [legislative or other official body, Chapter C] under this Chapter, and referral for prosecution for the crime of statutory bribery under penalties according to law. Failure to maintain records and reports in accordance with this law shall be prosecuted as a violation of [ state or federal law] for failure to perform an official duty and to provide honest services.
2. At any time that sufficient evidence shows that an official has violated this rule or been convicted of multiple failures to perform an official duty under this law, the [official ethics body] may punish such official by withdrawing rights of participation in committees and debates, voting rights on any class of, or all, legislation or other official acts, or expel such official permanently from public service.
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