Update: After Cowboy State Daily asked Secretary of State Chuck Gray to comment on the check incident by 5 p.m. Friday — then gave him an extension until 3 p.m. Tuesday — Gray sent a post-publication email saying he supports Gordon's executive order, but didn’t address CheckGate itself.
So far, Wyoming’s governor and Senate have banned campaign contributions on portions of state property they control, in response to a check-passing controversy that unfolded Feb. 9 on the House of Representatives floor – which Capitol regulars have deemed “CheckGate.”
Gov. Mark Gordon on Tuesday signed an executive order banning the solicitation, delivery, or acceptance of campaign contributions on property where state business is conducted – including the areas of the state Capitol managed by the executive branch.
That’s after Rebecca Bextel, the state committeewoman for the Teton County GOP who was also registered to attend this year’s legislative session as media, handed out checks on the House of Representatives floor after the House adjourned Monday of last week.
Two days later, every House member implicated as an actual or intended recipient of a check voted in favor of introducing a bill Bextel championed – over the warnings of Rep. Mike Yin, D-Jackson, that doing so would foment bad “optics.”
'Highest Level Of Integrity'
“Our Capitol belongs to the people of Wyoming, and even the appearance of inappropriateness should never be ignored,” wrote Gordon in a Tuesday statement on his executive order. “My duty is to act to ensure the highest level of integrity is enforced for the people of this great state. I am doing so today in the spaces I have control over.”
Gordon continued: “I, like most Wyomingites, believe the House and Senate floors are hallowed places for doing the People’s business, and should never serve as a campaign headquarters.”
He wrote that legislators should not be put in the position of being personally approached by lobbyists, activists or others with campaign contributions during the legislative session or when they are working in their official capacities, especially in state-controlled office or meeting spaces.
“I thank the Senate for taking immediate action to prohibit this behavior in their chambers,” wrote Gordon.
Gordon’s executive order will remain in effect until he can bring the matter before the State Building Commission.
If the commission approves it at that time, it could become “a matter of permanent rulemaking,” says the statement.
“Citizens of Wyoming deserve transparency in their government. They deserve confidence that the votes cast in their Capitol are grounded in policy and principle, not political or monetary transactions,” Governor Gordon said. “This executive order is about protecting public trust.”
The executive order takes effect immediately.
The Senate’s Turf
Gordon released his statement a few minutes after all 31 state senators enacted a new rule.
The Senate’s rule bans the knowing solicitation, delivery or acceptance by affirmative act, of campaign contributions within the parts of the Capitol it controls. It also bars senators from knowingly soliciting legislative campaign contributions – or accepting them by affirmative act – during the Legislature’s lawmaking sessions.
The Senate enacted a carveout for passive acceptance of donations – such as a senator checking his mail and finding a donation there that he didn’t solicit.
Meanwhile In The House
As of Tuesday, the House had not enacted a rule change of its own.
Its investigative committee also announced Tuesday that it’s voted unanimously to pause its investigation – because Laramie County Sheriff Brian Kozak on Saturday began his own, criminal investigation into whether the check-passing incident was bribery or otherwise criminal.
Investigative committee chair Art Washut, R-Casper, told the House on Tuesday that the committee wants to pause its work until the criminal investigation is over so it doesn’t violate the constitutional rights of those who may be implicated or accused in the sheriff’s case.
Top Elections Official
Secretary of State Chuck Gray, who oversees Wyoming’s elections and campaign finance documentation, did not respond by Tuesday’s deadline to two Cowboy State Daily requests for comment: one sent to his email and that of his policy director Friday, and another sent to both Tuesday morning.
The man who says he wrote the checks with the understanding that Bextel would mail them, Don Grasso, told Cowboy State Daily on Saturday that he had held an event for Gray, and for Superintendent of Public Instruction Megan Degenfelder, who is running to become governor.
Grasso said his secretary sent Bextel 10 checks, and those were intended for 10 Republicans: House Speaker Chip Neiman (Hulett) House Appropriations Chair John Bear (Gillette), Reps. Joe Webb (Lyman), Marlene Brady (Green River), Christopher Knapp (Gillette), Gary Brown (Cheyenne), Tony Locke (Casper), Darin McCann (Rock Springs) – plus House candidate Mark Jennings and state Sen. Bob Ide (Casper).
Affordable Housing
Bextel confirmed publicly after the incident that she had handed out checks on the floor, after adjournment, and said they were lawful campaign checks, as she knew she was going to be in Cheyenne.
During a Thursday-evening podcast interview with her business partner David Iverson in startup website the Open Range Record, Bextel defended the act.
She said she delivered a check to Rep. Darin McCann, R-Rock Springs, on behalf of the donor because she knew she’d be in Cheyenne.
“There’s nothing to hide we’re very proud of Darin McCann’s voting record,” she said. “I just handed him a check not thinking anything of it.”
She said the people who oppose this act, “I think, are people that would have a problem with any check being written to a Freedom Caucus candidate.”
She also said the outrage has to do with her efforts to end housing mitigation fees - a prevalent affordable-housing device in Teton County and Jackson governments.
Clair McFarland can be reached at clair@cowboystatedaily.com.
