Abuse of Power

A former Republican Colorado secretary of state, Mary Estill Buchanan, joined advocacy group Colorado Common Cause in an amicus brief supporting the plaintiffs’ case, telling the court that “this country and its institutions are at a crossroads.” “(Trump) allowed a lust for power to supersede his own Oath of Office and over two centuries of American political precedent. Mr. Trump has sought at every turn to inject chaos into our country’s electoral system in the upcoming 2024 presidential election,” the brief said. “He should be given no opportunity to do so in the state of Colorado.”

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.”

“This decision blatantly ignores the will of Florida voters who — more than a decade ago — demanded Fair Districts that protect representation for communities of color,” Amy Keith, the executive director of Common Cause Florida, said in a statement, referring to the state’s Fair Districts Amendment. Keith noted in her statement that the Florida congressional boundaries are also being challenged in federal court in a separate pending case that argues that the map violates the US Constitution. “Our work is not done until all voters can exercise their right to fair representation,” she said.

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.”

The recent scandals show Indiana’s lobbying and campaign finance regulatory processes are a “complete failure,” said Julia Vaughn, leader of government watchdog Common Cause Indiana. “No state agency even recognized what was going on. … Thank goodness that the (Federal Bureau of Investigation) was paying attention,” Vaughn said — although she said Indiana Election Division and Indiana Lobby Registration Commission (ILRC) staff were “doing the best they can under the very bad structure” in place. “We need some sort of (review) process. I hate to be the person who says, ‘I hope this scandal blows up into the biggest thing ever,’ but that’s what spurs reform,” Vaughn said.