Let’s Ban All Gifts from Lobbyists to Legislators by Rep. Andrew Person
Most citizens might be surprised that under current law, lobbyists are allowed to buy legislators dinners, drinks, and other gifts. More alarming, however, is the volume of and inadequate disclosure for these gifts. Most days during the session, a legislator is eating or drinking something provided by privately funded groups interested in influencing the legislative process.
I often hear from voters that they don’t believe politicians care about people like them. We must do everything we can to restore people’s faith our government is of, by, and for the people. Pursuant to those ends, I plan to propose legislation in the next session to change the current $50 limit on gifts from lobbyists to a comprehensive and total ban on all gifts from lobbyists to legislators. States like Minnesota and Florida have enacted similar bans on gifts from lobbyists and such measures have enjoyed considerable support.
Though it’s unlikely that a legislator would change his or her vote on a bill for a free sandwich, it is obvious that lobbyist-funded receptions, dinners, and other events can crowd out the voice of regular citizens who can’t provide similar gifts. Over the long run, the access that these gifts provide to lobbyists has a distorting influence.
To be sure, lobbyists play an important and legitimate role in the legislative process. Thanks to term limits, few legislators have more than two or three sessions under their belts. We’re also citizen legislators. We have real jobs to tend to back home outside of the four months the legislature meets every other year—and that means leaning on guidance from lobbyists, who have years of consistent experience and knowledge on their issues.
But the influence of lobbyists can cross the line when, in addition to their expertise, they open the door to after-hour dinners, drinks, and other gifts. Time is a commodity in short supply during the session. A legislator must vote on hundreds of pieces of legislation in a few months. When a lobbyist can enjoy two hours with a legislator leading up to a critical committee vote, few other citizens get equal time.
The point here is not that legislators who’ve accepted dinners, drinks, or other gifts from lobbyists are corrupt. A comprehensive gift ban isn’t about accusing any individual of corruption. It’s about creating a healthy framework in which a citizen-driven democracy can function. I have attended dinner events funded by private interest groups, and I’ve been consistently impressed by the integrity of those who’ve stepped up to represent their legislative districts across Montana. It’s a hard and largely thankless job.
Last session I was proud to support Republican Senator Duane Ankney’s DISCLOSE Act, championed and signed into law by Governor Bullock. The bill closed loopholes that previously allowed out-of-state special interest groups to spend millions in Montana politics while keeping the source of the money secret. The pernicious Citizens United decision requires us to build on the success of the DISCLOSE Act, especially since a lobbyist may now be engaged in unlimited independent expenditures aimed at influencing legislative races.
A gift ban will challenge the way things work in Helena. Our state Legislature works better than the U.S. Congress because folks with different perspectives actually work together to solve problems. Medicaid expansion, the water compact, and keeping the sage grouse off the endangered species list all required legislators to reach compromises with those across the aisle. Some of those relationships undoubtedly formed in the wee hours of a downtown dive. Banning privately funded events will require us to replace them with efforts by legislators to continue to get to know one another as people rather than political opponents after work hours have ended.
I have no doubt that introducing a bill to ban gifts from lobbyists will rankle special interests, but I welcome the debate. If you agree, I encourage you to contact your legislator. It will take a massive amount of public support to enact such a law, but helping average citizens have the access to their legislators that lobbyists do is worth it. Under a gift ban, legislators can continue to benefit from lobbyists’ experiences—without benefiting from a free steak, too.
Andrew Person serves in the Montana State Legislature representing House District 96. He lives in Missoula.
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