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Fundraising and Ethics in the House Race

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Ethics laws that apply to Virginia lawmakers are few and far between. That’s because the legislature has rarely seen fit to impose rules on itself that would, for example, prevent all types of conflicts of interest or limit relationships with special interest groups. It’s a malady that applies to both Democratic and Republican majorities.

In 1997, however, the General Assembly did enact a law that prohibits lobbyists and special interests from improperly influencing lawmakers as they are considering specific legislation. That law prohibits legislators from receiving campaign contributions while the legislature is in session. It helps keep down the odor of influence buying while the lawmakers are at work.

But state Sen. Robert Hurt, R-Chatham, has not ruled out the possibility that he would raise campaign contributions during the current Assembly session. Hurt, you see, is one of at least seven Republicans running in a June 8 primary election to select a nominee to challenge U.S. Rep. Tom Perriello, D-Fifth District.

Hurt thinks it would be legal because the contributions would be for a federal office he is seeking and not for re-election to the Senate seat from which he conducts state business.

Really? Wouldn’t he be in a position to be influenced by special interest money even though that money would be going toward a federal campaign? Of course he would. The same elements of potential conflicts would be at play regardless of what office he is seeking.

The special interests — from the utility companies to the banks to the real estate interests — would be only too happy to curry his favor with contributions to his federal campaign during the legislative session.

David Allen, manager of the Virginia State Board of Elections campaign finance office, has already given Hurt clearance to begin collecting the special interest cash. The ban on fundraising during the session, he said, “applies only to state offices.”

Hurt’s campaign, however, is still studying the issue and has not made a decision to accept campaign gifts for the U.S. House seat. Chris LaCivita, a member of his campaign staff, said he believes the federal candidate can raise funds legally during the Assembly session. But the campaign is double-checking with its legal counsel.

“We are being intentionally deliberate about this process,” said LaCivita.

Legally, it appears, Hurt could probably get away with accepting campaign contributions for the federal race. But would that be ethical? Clearly not.

But who in the ethics-challenged General Assembly would rise to protest the campaign fund drive during the session? Such is the state of ethics in the legislature.

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