Wyoming Senate leadership condemned an incident involving a Teton County conservative fundraiser and activist who allegedly distributed checks on the House floor this week.
A senator not in leadership told Wyoming Public Radio (WPR) he believed at least one of his colleagues in the upper chamber was also given a check by Rebecca Bextel.
That’s after House lawmakers voted unanimously to establish a special investigative committee to look into the incident on Feb. 12.
Senate leaders told WPR they might involve a law enforcement entity in any formal investigation they convene. At present, senators have opted to publicly condemn the incident and look into changing Senate rules to ban lawmakers in the upper chamber from receiving checks during a legislative session.
Bextel, a conservative fundraiser and donor to the Wyoming Freedom Caucus political action committee, handed out checks from a Teton County donor to Rep. Darin McCann (R-Rock Springs) and Rep. Marlene Brady (R-Green River) while standing on the House floor after the Legislature had gaveled out on Feb. 9. Brady and McCann are endorsees of the Freedom Caucus.
That’s according to Facebook posts made by Bextel and a photo obtained by WPR. The photo of the incident was first reported by WyoFile.
“These checks were written two weeks ago, and were not handed out while the House or Senate were in session,” wrote Bextel on Facebook on Feb. 11.
The checks allegation first surfaced during debate on the House floor over a housing bill on Feb. 11. The bill would prohibit local governments from imposing certain fees or conditions on residential or commercial development.
The bill, HB 141, is sponsored by some Freedom Caucus lawmakers.
Sen. Ogden Driskill (R-Devils Tower) told WPR in the Historic Supreme Court chambers that he did not know which senator or senators received checks, but that “[Senate] President [Bo] Biteman can tell you.”
“Apparently, there's more than one,” said Driskill. “But I don't know. I certainly wasn't one of them. I think it's a troubling trend.”
WPR spoke with Biteman (R-Ranchester) outside the same room. He declined to say who the Teton County donor was on the checks and which, if any, senators received checks.
“ There's an ongoing investigation,” Biteman said. “I'm working with LSO [Legislative Service Office], the House. I know the speaker's in charge of his chamber. He had completely different circumstances on his side, and I'll just leave it at that. We'll have more details … as things kind of flesh out.”
But he added that there “could be” a decision by the Senate to involve law enforcement in any formal investigation the body starts into the check or checks in its chamber.
“ There could be one started,” he said. “We obviously have a lot going on right now. And we can't conduct our own investigation. We may need to bring in some help to make sure that nothing criminal is happening here.”
That help might come from the Wyoming Highway Patrol, he said, an agency that provides security for the state Legislature and Capitol building. Or, it might come from a local law enforcement entity.
“ I'm working with LSO staff in a very preliminary way right now to make sure we've – I haven't even seen the footage yet. They're pulling surveillance footage. It's very early on in the process,” said Biteman.
The Senate Rules Committee met on Feb. 12 and 13 to discuss changing its rules to ban the practice of handing out campaign checks on the floor. Sen. Tara Nethercott (R-Cheyenne), the majority floor leader, read a statement about what happened in the House and how it plays into the Senate.
“The Wyoming Senate unequivocally condemns the practice of distributing campaign contributions to legislators during the legislative session while measures affecting the donors, clients or interests are actively under consideration,” said Nethercott. “The integrity of the legislative process depends upon public confidence that policy decisions are made on the merits based on law, evidence and the best interest of the people of Wyoming, not influenced by the timing of political contributions.”
She continued, “The distribution of campaign checks and proximity to committee hearings, floor debate or pending votes creates at minimum the appearance of impropriety and risks undermining trust in this institution. While lawful political participation is a protected and important component of our democratic system, the Senate expects all participants in the legislative process, including lobbyists and principals, to exercise sound judgment and adhere to the highest ethical standards.”
The committee voted on Feb. 13 to adopt a rule proposal for the upper chamber to consider. The rules would prohibit senators from accepting campaign checks during legislative sessions, even when senators are not physically at the Capitol.
“ It's a very unfortunate and a sad day for the Wyoming Legislature, to damage the potential reputation of the integrity of our process here and the integrity of our votes,” Nethercott told WPR outside the House lobby. “Any appearance that votes are being bought or influenced through campaign donations is certainly unfortunate.”
She reiterated Biteman by saying a law enforcement investigation involving the Senate checks “might be on the table.”
As of Feb. 13, the LSO’s website does not say when the House special investigative committee will meet for the first time to look into the incident in its chamber.
This reporting was made possible by a grant from the Corporation for Public Broadcasting, supporting state government coverage in the state. Wyoming Public Media and Jackson Hole Community Radio are partnering to cover state issues both on air and online.
