Conflict-of-interest and voting on legislation - 1 of 25

Incorrect answer:

YES. The legislation would appear to distribute benefits to many private and public entities across the state. You can vote on the legislation because all persons with an interest in the legislation amount to one big class of persons is INCORRECT.

Although the governing requirements specify that a conflict of interest does not arise from legislation affecting the entire membership of a class, that exception assumes that all members of the class would be affected equally (whether positively or negatively) from the legislation. However, in this case, the application of Joint Rule 42 directs the relevant inquiry to whether you, as a member, will be benefitting from, or be disadvantaged by, the legislation more than any other member of the General Assembly. Here, by virtue of the special position held by your spouse and the extra benefits that will be directed to the institute generally and to your spouse more specifically because of the legislation, there is a reasonable likelihood that your household will benefit from the legislation more than other members of the General Assembly. This gives you a personal, private, or financial interest in the legislation necessitating your abstention from voting on the bill.

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