Oklahoma Gov. Vetoes Bill Targeting Attorney Political Lobbying

Oklahoma Governor Brad Henry has vetoed a bill that would have prohibited attorneys in that state from using money from client settlements for political lobbying.

The bill, HB 1601, by Rep. Dan Sullivan, would have made it illegal for an attorney to deduct or withhold any portion of a client’s judgment or settlement proceeds “for the purpose of donating or contributing funds or monies to a political fund, political action committee, campaign of any kind, or candidate for state, federal or local office.”

“Lawyers are supposed to represent their clients, not prey upon them,” said Sullivan, a Tulsa Republican and attorney, in an announcement released by the House. “Unfortunately, we know that some attorneys have been secretly bilking clients to fund political candidates. Those injured workers should not have their settlements turned into a slush fund for politicians.”

When he announced the filing of the bill, Sullivan cited a report by The Oklahoman that indicated the Working Oklahomans Alliance PAC – which Sullivan said is run by workers’ compensation attorneys – had donated around $1 million to political campaigns over the previous decade. Sullivan asserted that most of that money had come from settlements in cases involving injured Oklahoma workers.

While Henry vetoed HB 1601 he said he supported the bill’s “concept.” He asserted, however, that “the bill, as written, is clearly unconstitutional. The Oklahoma Supreme Court has expressly held special legislation that benefits or affects one class, profession or industry” violates the state’s constition.

“Although HB 1601 may also infringe on free speech, it would more likely be held to pass constitutional muster if it had applied to all political deductions by all professions, businesses and industries,” Henry said in his veto announcement.

He noted that the bill authors had been informed of the defect, which “could have easily been corrected by simply applying the prohibitions in the bill to all professions rather than a single one. In fact, at one time, HB 1601 contained such inclusive language, but it was removed without explanation before final passage.

“If that language had remained intact, HB 1601 would have been signed into law and would have more likely been held constitutional. I urge lawmakers to pass a fair and effective comprehensive ban on all political deductions,” Henry said.

Topics Oklahoma