Wyomingites call for lobbying investigation in response to ‘Checkgate’ controversy

At least two Wyoming residents have asked state and local law enforcement agencies to look into whether laws regulating lobbying and other political activity were broken during a check-passing incident on the floor of the House of Representatives.

With the exception of the Laramie County Sheriff’s Office, those agencies have not acted publicly.

Conservative activist Rebecca Bextel handed checks to two representatives Feb. 9, starting a controversy that’s become known as “Checkgate.”

On March 5, Stephanie Kessler, a Lander resident, asked the Wyoming Attorney General’s Office to investigate whether Bextel was lobbying “on behalf of a corporation without registering as required under Wyoming law.” Wyoming law requires anyone who attempts to influence legislation on behalf of a corporation or certain organizations to register as a lobbyist within 48 hours of doing so.

Kessler pointed to the for-profit Wyoming corporation, Eyes on Wyoming, which Bextel started. Its website highlights her work on housing issues in Teton County. Kessler also pointed to a legislative event Bextel hosted during the session sponsored by Eyes on Wyoming. Speakers highlighted bills focused on ending Teton County housing policy that Bextel opposes.

“Under Wyoming law, attempting to influence legislation on behalf of a corporation — whether compensated or not — constitutes lobbying,” Kessler wrote. “Hosting a legislative reception, speaking to legislators about pending bills and advocating positions on behalf of a corporate entity falls within that statutory definition.”

At the time Kessler filed the request, Bextel was not a registered lobbyist with the Wyoming Secretary of State’s Office. She still wasn’t as of Tuesday.

Bextel did not respond to a request for comment before press time Tuesday evening.

On Tuesday morning, Kessler told the Jackson Hole News&Guide that she had not yet heard anything from the attorney general’s office. The attorney general’s office did not respond to a request for comment about either the investigation request or whether other complaints had been filed.

Bextel’s actions have spurred political scrutiny, an executive order, legislative rule changes, a criminal bribery investigation — which has not yet concluded — and a House investigation, which wrapped up March 6. The House committee found no evidence of wrongdoing, but concluded that Bextel’s activity on the floor was “undesirable and must never happen again.”

The aftermath saw other lawmakers filing ethics complaints against Democratic Reps. Mike Yin and Karlee Provenza, who talked about the exchange on the House floor and provided a photograph of the handoff to reporters, respectively. Both lawmakers’ colleagues cleared them of violating any rules in the final week of the session.

The other complaint

Kessler’s complaint is the second filed by a civilian. A month ago, Casper resident Michelle St. Louis filed her own formal complaint with the Wyoming Attorney General’s Office, Secretary of State’s Office, Legislative Service Office, Wyoming Highway Patrol and Laramie County Sheriff’s Office. The sheriff’s office is conducting its own bribery investigation.

St. Louis’ complaint also sought an investigation of lobbying rules compliance, but was more far reaching.

St. Louis, a conservative, asked for a review of Bextel’s legislative floor access and authorization; campaign contributions delivered inside the House chamber; coordinated political and donor activity; legislative reception and hospitality activities during session; for-profit entity operations, financial intake and disclosure obligations; and press credential submission and compliance.

The document was 25 pages long, including screenshots of Bextel’s and Eyes on Wyoming’s social media activity, press coverage, lobbyist searches and event details.

“The bottom line is, this isn’t personal,” she said. “It’s about transparency and equal application of Wyoming law. We don’t get to have one set of rules for wealthy donors and politically connected activists and another set for everyone else.”

St. Louis did not respond by press time Tuesday with a request for an update on her complaint.

Who’s responsible?

In February, the News&Guide asked Secretary of State Chuck Gray about St. Louis’ lobbying and campaign finance concerns and whether other official complaints had been filed. At the time, Gray said the House of Representatives had chosen to investigate the situation and that he awaited the results of their investigation.

On Tuesday, Gray again did not specify how many complaints his office had about the controversy and whether his office is taking action on them. In an email, Gray instead blamed the News&Guide for its “bias” against him. He said his office is only a filing office for lobbyist registration and can’t “prosecute or enforce lobbyist statutes.”

When asked what agency is responsible for enforcing the penalties outlined in lobbyist law, Gray said that was a question for “other offices that have separate duties from my own.”

State law doesn’t specify which authority can enforce registration rules, but outlines penalties ranging from a $200 to $750 fine.

The secretary of state’s agency rules state that, “any person or individual having evidence of a violation of the registration or filing requirements for lobbyists may file a report with the appropriate local law enforcement agency or with the Attorney General’s Office.”

A person who fails to register with the secretary of state and is found guilty will face a misdemeanor and a fine of not more than $200.

A person or organization that doesn’t file an activity report or gives false information in the report could face a misdemeanor and a greater fine of $750.

If people are convicted twice for lobbying rulebreaking, the secretary of state can revoke their registration for up to two years.

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