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Appendix D: State Integrity Investigation Questionnaire

Public Access to Information

Do citizens have a legal right of access to information?

In law, citizens have a right of access to government information and basic government records.

In law, citizens have a right of appeal if access to a basic government record is denied.

In law, there is an established institutional mechanism through which citizens can request government records.

In law, there is an agency or entity that monitors the application of access to information laws and regulations.

Is the right of access to information effective?

In practice, state agencies and government officials are not exempt from access to information laws.

In practice, citizens receive responses to access to information requests within a reasonable time period.

In practice, citizens can use the access to information mechanism at a reasonable cost.

In practice, responses to information requests are of high quality.

In practice, citizens can resolve appeals to access to information requests within a reasonable time period.

In practice, citizens can resolve appeals to information requests at a reasonable cost. In practice, the government gives reasons for denying an information request. In practice, when necessary, the agency that monitors the application of access to information laws and regulations independently initiates investigations.

In practice, when necessary, the agency that monitors the application of access to information laws and regulations imposes penalties on offenders.

Political Financing

Are there regulations governing the financing of political parties?

In law, there are limits on individual donations to political parties. In law, there are limits on corporate donations to political parties.

In law, there are limits on donations from political action committees to political parties.

In law, there are limits on lobbyists' donations to political parties.

In law, there are requirements for the disclosure of individual donations to political parties.

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In law, there are requirements for the disclosure of donations to political parties by corporations.

In law, there are requirements for the disclosure of donations to political parties by political action committees.

In law, there are requirements for the independent auditing of the finances of political parties when financial irregularities are uncovered.

In law, there is an agency or entity that monitors the financing of political parties.

Are there regulations governing the financing of individual political candidates?

In law, there are limits on individual donations to political candidates.

In law, there are limits on corporate donations to individual political candidates. In law, there are limits on donations from political action committees to individual political candidates.

In law, legislators are prohibited from the personal use of campaign contributions. In law, there are requirements for the disclosure of donations to individual political candidates.

In law, there are requirements for the disclosure of donations to individual political candidates from corporations.

In law, there are requirements for the disclosure of donations to individual political candidates from political action committees.

In law, there are requirements for the independent auditing of the campaign finances of individual political candidates when irregularities are uncovered.

In law, there is an agency or entity that monitors the financing of individual political candidates' campaigns.

In law, there are limits on lobbyists' donations to individual candidates.

Are the regulations governing the political financing of parties effective?

In practice, the limits on individual donations to political parties are effective in regulating an individual's ability to financially support a political party.

In practice, the limits on corporate donations to political parties are effective in regulating a company's ability to financially support a political party.

In practice, the limits on donations to political parties by political action committees are effective in regulating the organization's ability to financially support a political party.

In practice, when necessary, an agency or entity monitoring the financing of political parties independently initiates investigations.

In practice, when necessary, an agency or entity monitoring the financing of political parties imposes penalties on offenders.

In practice, contributions to political parties are audited.

In practice, individuals, corporations, or political action committees do not resort to "astroturfing" -- defined here as the financial support of a political party or

individual using mechanisms designed to give the appearance of a grassroots movement -- to bypass limits on political financing.

In practice, the limits on lobbyist donations to political parties are effective in regulating a lobbyist's ability to financially support a political party.

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Are the regulations governing the political financing of individual candidates effective?

In practice, the limits on individual donations to political candidates are effective in regulating an individual's ability to financially support a particular candidate. In practice, the limits on corporate donations to individual candidates are effective in regulating a company's ability to financially support a candidate.

In practice, the limits on political action committee donations to individual candidates are effective in regulating the political action committee's ability to financially support a candidate.

In practice, when necessary, an agency or entity monitoring the financing of individual candidates' campaigns independently initiates investigations. In practice, when necessary, an agency or entity monitoring the financing of individual candidates' campaigns imposes penalties on offenders.

In practice, the finances of individual candidates' campaigns are audited.

In practice, the limits on lobbyists' donations to individual candidates are effective in regulating lobbyists' ability to financially support an individual candidate.

Can citizens access records related to the financing of political parties?

In practice, political parties disclose data relating to financial support and expenditures within a reasonable time period.

In practice, citizens can access the financial records of political parties within a reasonable time period.

In practice, citizens can access the financial records of political parties at a reasonable cost.

In practice, the publicly available records of political parties' finances are of high quality.

In practice, the publicly available records of political parties' finances are accessible to the public online in a meaningful and accessible manner.

Can citizens access records related to the financing of individual candidates' campaigns?

In practice, individual political candidates disclose data relating to financial support and expenditures within a reasonable time period.

In practice, citizens can access the financial records of individual candidates (their campaign revenues and expenditures) within a reasonable time period.

In practice, citizens can access the financial records of individual candidates at a reasonable cost.

In practice, the publicly available records of political candidates' campaign finances are of high quality.

In practice, the publicly available records of political candidates' finances are accessible to the public online in a meaningful and accessible manner.

Executive Accountability

Can the chief executive be held accountable for his/her actions?

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In law, the governor and/or state cabinet-level officials are prohibited from using state funds for personal purposes.

In practice, the regulations preventing the governor and/or state cabinet-level officials from using state funds for personal purposes are effective.

In law, the judiciary can review the actions of the executive.

In practice, when necessary, the judiciary reviews the actions of the executive. In practice, the governor limits the use of executive orders to establishing new regulations, policies, or government practices.

Is the executive leadership subject to criminal proceedings?

In law, the governor can be prosecuted for crimes he/she commits.

In law, state cabinet-level officials can be prosecuted for crimes they commit. In practice, the governor is prosecuted for crimes she/he commits.

In practice, state cabinet-level officials are prosecuted for crimes they commit.

Are there regulations governing conflicts of interest by the executive branch (defined here as governors and/or cabinet-level officials)?

In law, the governor is required to file a regular asset disclosure form.

In law, state cabinet-level officials are required to file a regular asset disclosure form. In law, there are regulations governing gifts and hospitality offered to members of the executive branch.

In law, there are requirements for the independent auditing of executive branch asset disclosure forms (defined here as governors and/or cabinet-level officials). In law, the governor and/or state cabinet-level officials are prohibited from the personal use of campaign contributions.

In law, there are restrictions on the governor and/or state cabinet-level officials setting up non-profit organizations (e.g. community groups, think tanks) that can be used to reward political supporters and/or evade campaign finance rules.

In law, there are regulations for the disclosure of non-profit organizations (CSOs, think tanks, etc.) set up by the governor and/or state cabinet-level officials. In law, there are regulations to prevent nepotism (favorable treatment of family members), cronyism (favorable treatment of friends and colleagues), and patronage (favorable treatment of those who reward their superiors) amongst members of the executive branch.

In law, there are restrictions on governors and/or state cabinet-level officials entering the private sector after leaving the government.

Are the regulations governing conflicts of interest by the executive branch (defined here as governors and/or cabinet-level officials) effective?

In practice, the regulations restricting post-government private sector employment for governors and/or state cabinet-level officials are effective.

In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.

In practice, executive branch asset disclosures (defined here as governors and/or cabinet-level officials) are audited.

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officials from using campaign contributions for personal purposes are effective. In practice, executive branch actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Can citizens access the asset disclosure records of the governor and the state cabinet?

In law, citizens can access the asset disclosure records of the governor and/or state cabinet-level officials.

In practice, citizens can access the asset disclosure records of the governor and/or state cabinet-level officials within a reasonable time period.

In practice, citizens can access the asset disclosure records of the governor and/or state cabinet-level officials at a reasonable cost.

In practice, the asset disclosure records of the governor and/or state cabinet-level officials are of high quality.

In practice, the asset disclosure records of members of the governor and/or state cabinet-level officials are accessible to the public online in a meaningful and accessible manner.

In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

Legislative Accountability

Can members of the legislature be held accountable for their actions?

In law, legislators are prohibited from the personal use of public funds. In practice, the regulations preventing legislators from using public funds for personal purposes are effective.

In law, the judiciary can review laws passed by the legislature.

In practice, when necessary, the judiciary reviews laws passed by the legislature. In law, are members of the state legislature subject to criminal proceedings?

Are there regulations governing conflicts of interest by members of the state legislature?

In law, members of the state legislature are required to file an asset disclosure form. In law, there are restrictions for state legislators entering the private sector after leaving the government.

In law, there are regulations governing gifts and hospitality offered to members of the state legislature.

In law, there are requirements for the independent auditing of the asset disclosure forms of members of the state legislature.

Are regulations governing conflicts of interest by members of the state legislature effective?

In practice, the regulations restricting post-government private sector employment for state legislators are effective.

In practice, the regulations governing gifts and hospitality offered to state legislators are effective.

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In law, there are restrictions on legislators setting up non-profit organizations (e.g. community groups, think tanks) that can be used to reward political supporters and/or evade campaign finance rules.

In law, there are regulations to prevent nepotism (favorable treatment of family members), cronyism (favorable treatment of friends and colleagues), and patronage (favorable treatment of those who reward their superiors) in the hiring of legislative staff.

In practice, legislative branch actions related to the hiring, firing, and promotion of legislative staff are not based on nepotism, cronyism, or patronage.

Can citizens access the asset disclosure records of members of the state legislature?

In law, citizens can access the asset disclosure records of members of the state legislature.

In practice, citizens can access legislative asset disclosure records within a reasonable time period.

In practice, citizens can access legislative asset disclosure records at a reasonable cost.

In practice, the asset disclosure records of members of the state legislature are of high quality.

In practice, the asset disclosure records of members of the state legislature are accessible to the public online in a meaningful and accessible manner.

Can citizens access legislative processes and documents?

In law, citizens can access records of legislative processes and documents. In practice, citizens can access records of legislative processes and documents -- defined as summaries of legislative proposals, debates, votes, and official actions -- within a reasonable time period.

In practice, citizens can access records of legislative processes and documents -- defined as summaries of legislative proposals, debates, votes, and official actions -- at a reasonable cost.

In practice, the records of legislative processes and documents are accessible to the public online in a meaningful and accessible manner.

In practice, the legislative process is sufficiently transparent to allow citizens/ CSOs to monitor the legislative process and provide input or changes to bills.

Judicial Accountability

Is the process for selecting state-level judges transparent and accountable?

In law, there is a transparent procedure for selecting state-level judges. State-level judges are defined as judges who have powers that derive from a state law or constitution; are nominated/appointed by a state governmental body (state legislature or executive); and/or are elected state-wide.

In practice, professional criteria are followed in selecting state-level judges. In law, there is a confirmation process for state-level judges (i.e. conducted by the legislature or an independent body).

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In law, judges are prohibited from the personal use of campaign contributions. In practice, the regulations preventing judges from using campaign contributions for personal purposes are effective.

In law, judges are prohibited from the personal use of state funds.

In practice, the regulations preventing judges from using state funds for personal purposes are effective.

In law, members of the state-level judiciary are required to give reasons for their decisions.

In practice, members of the state-level judiciary give reasons for their decisions. In law, there is a disciplinary agency (or equivalent mechanism) for the state-level judicial system.

In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

In law, there is a process in place to evaluate the performance of judges who are up for retention or reelection.

In law, citizens can access the performance evaluations of judges who are up for retention or reelection.

In practice, judges' performance evaluations are made available for the public to review.

In law, citizens can access court administrative records.

In practice, court decisions and opinions are made readily available to the public. In practice, court decisions and opinions are accessible to the public online in a meaningful and accessible manner.

Are there regulations governing conflicts of interest for the state-level judiciary?

In law, members of the state-level judiciary are required to file an asset disclosure form.

In law, there are regulations governing gifts and hospitality offered to members of the state-level judiciary.

In law, there are requirements for the independent auditing of the asset disclosure forms of members of the state-level judiciary.

In law, there are restrictions for state-level judges entering the private sector after leaving the government.

In law, there are requirements for state-level judges to recuse themselves from cases in which they may have a conflict of interest.

Are the regulations governing conflicts of interest for the state-level judiciary effective?

In practice, the regulations restricting post-government private sector employment for state-level judges are effective.

156 state-level judiciary are effective.

In practice, state-level judiciary asset disclosures are audited.

In practice, the requirements for state-level judges to recuse themselves from cases in which they may have a conflict of interest are effective.

In law, there are restrictions on state judges setting up non-profit organizations (e.g. community groups and think tanks) that can be used to reward political supporters and/or evade campaign finance rules.

In law, there are regulations to prevent nepotism (favorable treatment of family members), cronyism (favorable treatment of friends and colleagues), or patronage (favorable treatment of those who reward their superiors) amongst members of the judicial branch.

In practice, judicial branch actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Can citizens access the asset disclosure records of members of the state-level judiciary?

In law, citizens can access the asset disclosure records of members of the state-level judiciary.

In practice, citizens can access state-level judiciary members' asset disclosure records within a reasonable time period.

In practice, citizens can access state-level judiciary members' asset disclosure records at a reasonable cost.

In practice, the asset disclosure records of the state-level judiciary are of high quality.

In practice, the asset disclosure records of the state-level judiciary are accessible to the public online in a meaningful and accessible manner.

State Budget Processes

Can the legislature provide input to the state budget?

In law, the legislature can amend the budget.

In practice, significant public expenditures (defined as any project costing more than 1% of the total state budget) require legislative approval.

In practice, the legislature has sufficient capacity to monitor the budget process and provide input or changes.

Can citizens access the state budgetary process?

In practice, the state budgetary process is conducted in a transparent manner in the debating stage (i.e. before final approval).

In practice, citizens provide input at budget hearings. In practice, citizens can access itemized budget allocations.

In law, is there a separate legislative committee which provides oversight of public funds.

Is the legislative committee overseeing the expenditure of public funds effective?

In practice, department heads regularly submit reports to this committee. In practice, the committee acts in a non-partisan manner with members of