Wagle, other Kansas lawmakers with eye on D.C. can take lobbyist dollars during session
Kansas lobbyists have a big incentive to remain in Susan Wagle’s good graces. As state Senate president, the Wichita Republican decides the fate of countless bills in which their clients have an interest.
To fight the potential for abuse, Kansas bars state lawmakers from accepting lobbyist contributions during the legislative session that begins next month. But as a candidate for U.S. Senate, Wagle is under no such prohibition.
As she shapes the state Senate’s agenda in 2020, she will remain free to collect lobbyist money, a situation some see as an ethical minefield.
On Tuesday at the Topeka Country Club, The Kansas Medical Society Political Action Committee and seven lobbyists, including her son-in-law Riley Scott, will host a high-dollar fundraiser for Wagle, according to an invitation obtained by The Star. It costs $500 to attend, $1,000 to host.
The event offers a window into the influence Wagle has amassed over nearly 30 years in the Legislature, including seven leading the Senate, where her control over Republican committee assignments and what bills ultimately reach the floor makes her a principal player.
Among Tuesday’s hosts is Jon Small, contract lobbyist for Koch Industries, Bombardier Learjet, ExxonMobil and the National Football League, among other entities. Dan Murray, who represents the Kansas Farm Bureau and the Kansas Medical Society, also works as Kansas director of the National Federation of Independent Business.
Small did not return a phone message. Murray said “unequivocally” that neither Wagle nor her staff had pressured him or the other hosts to participate. His role in the fundraiser doesn’t constitute an endorsement by NFIB, he said.
Rachelle Colombo, a lobbyist for the Kansas Medical Society, said she approached Wagle about setting up the affair.
“I actually reached out to her and asked if we could host an event for her,” Colombo said. “We’ve had a longstanding good relationship with the Senate president.”
Optics, ethics and lobbyists
Other incumbent state lawmakers pursuing federal office also are free to solicit lobbyist contributions. Sen. Barbara Bollier, a Mission Hills Democrat who is also running for U.S. Senate, and Rep. Troy Waymaster, a Bunker Hill Republican running for Congress who currently chairs the powerful House Appropriations Committee, can both fundraise from lobbyists during session.
The Kansas Governmental Ethics Commission, which oversees campaign finance for state races, has no jurisdiction over the federal contests. Statehouse lobbyists have the green light to give to these candidates through the session, which officially begins January 13.
Brendan Fischer, director of federal reform for the Washington-based Campaign Legal Center, said sitting state officeholders are in a position to pressure potential donors with business before the state to give to their campaigns.
“They might feel pressure to give to that campaign even if they have little interest in the outcome of that race or seeing that person elected,” Fischer said.
“Certainly you can see the opportunities for improper influence,” Fischer said, noting that there’s no prohibition against lobbyist donations at the federal level.
While the law is on Wagle’s side, the optics could hurt. In an environment where President Donald Trump’s rhetoric on draining the swamp has galvanized GOP voters, opponents could make it an issue, said Bob Beatty, a political scientist at Washburn University in Topeka.
“There’s a long list of things in Kansas and American politics that are legal but still look bad,” Beatty said.
Senate Minority Leader Anthony Hensley, a Topeka Democrat, said all lawmakers running for federal office — including fellow Democrat Bollier — should voluntarily refrain from raising lobbyist cash during the session.
He said he may call on Wagle, specifically, to step down as Senate president if he thinks she’s making her campaign a much higher priority.
“In this case, since she’s running for a federal office, that doesn’t bode well for what I would think of as ethical behavior,” Hensley said. “She’s pretty much given free reign to use her Senate president position to raise money for a U.S. Senate campaign.”
Other candidates may follow Wagle
Matt Beynon, Wagle’s campaign spokesman, rejected Hensley’s call for a self-imposed ban. He noted that Rep. Roger Marshall, another GOP candidate for Senate, faces no such restriction on fundraising as a member of Congress.
“This would be no different than any fundraiser Roger Marshall would throw in Washington, D.C.,” Beynon said. “Same as Bollier.”
For her part, Bollier also isn’t ruling out accepting lobbyist donations. Campaign spokeswoman Ashley All said only that the senator would follow all state and federal campaign finance laws. Bollier has a “consistent record of transparency and high ethics standards” throughout her career, she said.
“Barbara has built a reputation as one of the state’s most independent leaders ... so this just isn’t really an issue,” All said. “And we’ll run the campaign in accordance with all of the laws and ethical guidelines in place.”
Beynon said in a follow-up phone call that “if Bollier wouldn’t also do a self-imposed ban, why would Susan Wagle or any other candidate tie their hands behind their back?”
Waymaster, a candidate in Kansas’ 1st congressional district, has considerable influence over the state spending as one of the Legislature’s budget chairpersons. He said he will comply with election laws, but also didn’t rule out seeking lobbyist donations.
Kansas Treasurer Jake LaTurner, running in Kansas’ 2nd congressional district, will follow all state and federal laws, his campaign said.
It’s not unusual for Kansas lawmakers to run federal campaigns. Three state senators ran for Congress in 2018, for example.
But Hensley, the longest-serving legislator, said he couldn’t recall a previous instance where someone had run for federal office while simultaneously holding the position of Senate president or House speaker.
Dave Lindstrom, an Overland Park businessman and former Johnson County commissioner who is running against Wagle in the Republican primary, said her dual roles only feed the perception that politics is a shady business.
“The phrase of the day in Washington is ‘quid pro quo’ and is that the way we do business in Kansas? I don’t think so,” said Lindstrom, who noted that Wagle has extraordinary influence on which bills advance during the legislative session.
“Is that practice going to continue into the session this year?” he added.
Lobbyists and ‘personal friends’
Lindstrom said other state officeholders running for federal office also need to act ethically and that he would be in favor of enacting tougher restrictions on donations from lobbyists at both the state and federal level.
Former Kansas Secretary of State Kris Kobach, who is now running for U.S. Senate, said state law expresses a “real concern” that fundraising from lobbyists while lawmakers are in session is a problem. He said the same principle applies whether a lawmaker is running for state or federal office.
“It may not be illegal if it’s a federal office, but the same ethical concerns are there,” Kobach said.
Beynon said the lobbyists giving money to Wagle’s campaign are personal friends and ideological allies. He dismissed her GOP rivals’ criticism.
“She’s been in the Legislature for nearly three decades. She’s got a consistent track record.”
Colombo said the Kansas Medical Society’s PAC wasn’t endorsing Wagle and doesn’t endorse in state or federal races. She suggested the PAC would also assist Marshall and noted he is a KMS member.
Asked about Wagle’s opposition to Medicaid expansion, which KMS supports, Colombo said the society is “not a one-issue organization.”
Even though Wagle’s fundraiser will take place Tuesday, one of the hosts has already donated. Ron Hein, who lobbies for pharmacists, physical therapists, dentists and other clients, gave $1,000 in August.
Beyond lobbyists, wealthy individuals with business before the state have also stepped up to give to her campaign.
Billionaire Phil Ruffin, who has been pushing the Legislature for years to allow slot machines at his Wichita Greyhound Park, contributed $5,600, the maximum donation under federal law, to Wagle’s campaign.
Pizza magnate Gene Bicknell and his wife, Rita Bicknell, each contributed $5,600 to Wagle’s campaign. Bicknell, a Pittsburg native, once owned the most Pizza Hut franchises of anyone in the country.
In 2016, Wagle led the successful push to override former Gov. Sam Brownback’s veto of legislation that enabled Bicknell to appeal a $42 million tax bill from the state. A judge ordered Kansas in March to return the amount to him.
Bicknell declined to comment on his decision to donate to Wagle’s campaign.
There are other signs that Wagle’s roles as state senate president and U.S. Senate candidate could be commingled.
Wagle’s chief of staff, Harrison Hems, left in October, saying he was uncomfortable with requests that he do work on behalf of her Senate campaign. He objected to helping a federal campaign while being paid with state tax dollars.
“I’m getting paid by the state taxpayer, I should be doing state work and not campaign work that doesn’t have to do with the state level,” Hems said at the time.
Beynon said the campaign is not coordinating with the legislative office.
“We know the people in the legislative office, but we’re not in any way coordinating or dictating to them. We’re two independent entities,” Beynon said.
This story was originally published December 8, 2019 at 5:00 AM with the headline "Wagle, other Kansas lawmakers with eye on D.C. can take lobbyist dollars during session."
