Legislative Ethics

"We're pleased to see Governor Whitmer sign this long overdue ethics reform into law—but ultimately, the law falls short of voters' expectations," said Quentin Turner, director of Common Cause Michigan, an organization seeking to promote greater government accountability. "Despite overwhelming, bi-partisan support for greater transparency from our elected officials, lawmakers weakened the law to shield themselves from public scrutiny."

Jay Heck, executive director of Common Cause Wisconsin, pointed to the change in support of the Iowa model by Republican lawmakers. "The short answer is that very few Republicans and certainly not Tusler ever supported any version of the Iowa model legislation before Sept. 11, 2023 -- the date Robin Vos announced his plan," Heck told PolitiFact Wisconsin. Common Cause is a nonpartisan national group with state chapters devoted to fighting for reforms to gerrymandering, political spending and other issues.

Jay Heck, executive director of voting rights advocacy organization Common Cause Wisconsin, says the introduction of the proposal will only serve to confuse voters ahead of next year’s elections. Under the bill, the administrator of the WEC would need to work with the secretary of state to transition election responsibilities by June 30, 2024 —a little more than four months before the presidential election. “The thing that’s most disturbing about it is it’s creating, deliberately, a chaotic, confusing situation going into an election year,” Heck says. “It’s the worst type of legislation, it’s cynical and damaging to democracy.”

The landscape, meanwhile, is dramatically different in Democrat-controlled states. In Maryland, advocates have experienced virtually no resistance whatsoever, and say they are aware of no organized opposition. “We’re expecting a disinformation campaign,” says Joanne Antoine, executive director of Common Cause Maryland. “But outside of that we’re not hearing anything at all.”

After hearing the news of the resignation, Common Cause Rhode Island executive director John M. Marion said, “It is a relief that Mr. Da Cruz will not be serving on the Ethics Commission. We are glad Governor McKee has acknowledged that the vetting process was flawed. We urge him to do due diligence when making future appointments.” Ethics Commission members should be carefully vetted because the panel has “extraordinary powers” provided for in the state constitution and because those appointments do not require the advice and consent of the state Senate, Marion said. “It has been a problem for some time that appointments to the Ethics Commission under multiple governors have been slow,” Marion said. “Sometimes that results in vacancies, which is not good for the commission. All the parties involved in these appointments, including the legislative leaders, should do their best to provide appointments that are both timely and well vetted.”

But John M. Marion, executive director of Common Cause Rhode Island, said Da Cruz’s conduct as a member of the South Kingstown Town Council “makes him unfit to serve on such an important body as the Rhode Island Ethics Commission.” Ethics Commission appointments are arguably the most important that a governor makes, aside from choosing state judges, Marion said. Rhode Island’s constitution gives the Ethics Commission “extraordinary powers,” including removing elected officials from office, and Common Cause fought for a law that holds Ethics Commission members to a higher standard, including banning lobbyists from the panel, he said. “Potential appointees should be fully vetted so that people who are asked to serve meet the highest standards,” Marion said. “In this case, it appears that vetting, if it did occur, failed, or the governor overlooked some rather egregious behavior by his most recent appointee.” Marion said the town manager appeared to find the sexual harassment allegations against Da Cruz “serious enough to tell the victims that, but for the fact that the town’s sexual harassment policy did not cover elected officials, Mr. Da Cruz would have been disciplined.” On the Ethics Commission, Da Cruz will have jurisdiction over those same employees, should they still work for the town, Marion said, noting that Town Council has since changed its sexual harassment policy to include its own members. “Mr. Da Cruz was allowed to get away with this behavior only because the town’s policy did not include his position at the time,” Marion said, “and he should not be trusted with the critical work of the Ethics Commission.”