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Saturday, January 8, 2011

Two Members Appear to Break Rules on First Day of New Congress

 

Two  House Republican members, Reps. Mike Fitzpatrick and Pete Sessions, missed their swearing in on Wednesday as they  attended a fundraiser in Fitzpatrick's honor at the U.S. Capitol. These two  not-quite-yet Congressmen then voted on legislation and introduced  bills, adding a Dadaist element to the proceedings. Although  astonishingly surreal, there’s a serious House Rules-related concern: lawmakers are  barred from using official resources for campaign or fundraising  activities.
"House  rooms and offices are not to be used for events that are campaign or  political in nature, such as a meeting on campaign strategy, or a reception for campaign contributors," according to the House Ethics Manual.
The  Ethics Manual identifies an exception -- "when a Member is sworn in,  the Member may hold a 'swearing-in' reception in a House office building  that is paid for with campaign funds" -- but the event was a fundraiser, not merely a simple “swearing-in” ceremony.
A spokesman for Fitzpatrick told the Huffington Post's Ryan Grim that    the event was not a fundraiser and that anyone could attend. The information available shows that the invite was a solicitation for campaign funds and was very different from other lawmaker invites for celebrations held in official House offices and buildings.
The  invite says that it is an invitation to "Mike's Swearing In  Celebration" and asks for at least $30 per person. The money appears to  be for the bus trip to DC and  entry to the celebration. The money, of course, goes to Rep.  Fitzpatrick’s campaign account, is accompanied by a FEC disclaimer, and  is solicited in whatever amount the donor chooses to give--contributors could select amounts ranging from $30 to $120 or more.
Other lawmakers held celebrations on Capitol Hill that did not include solicitations for money in their invitations. Dan Boren, Sean Duffy, Bill Huizenga, Reid Ribble, and Roy Blunt all held swearing in receptions in congressional offices that did not include an ask for campaign contributions. Blunt also held an event at the Library of Congress that did not solicit money.
The  problem of holding events in the U.S. Capitol (i.e., the Capitol   Visitors Center) for political or campaign activities is explained in   the House Ethics Manual: they “are supported with official funds and   hence are considered official resources."
While  Fitzpatrick appears to have violated House ethics rules, Sessions  deserves special attention for reserving the room for Fitzpatrick. This  may not violate any rules, but as a member of the Rules Committee, he should know better! Of course, he shouldn’t have voted before he was sworn in, either.
The  Office of Congressional Ethics and the House Ethics Committee should  determine whether or not this type of activity is in violation of the  House Ethics rules. From this end, it appears as though this fundraiser  was not in meeting with the rules as laid out in the manual.

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