Under California law, when an elected official or someone acting on their behalf asks that a donation of $5,000 or more in cash or services be directed to a nonprofit or government agency, that contribution is considered a behested payment and must be reported to the FPPC. There is no limit on how much can be donated by organizations or individuals at the behest of an elected official, another aspect of the practice that has drawn criticism from open government groups.
Though behested payments are earmarked for noble causes, the companies asked by elected officials to donate often have multimillion-dollar contracts or other business before the state, creating the appearance of a pay-to-play system. Because state law does not address the use of donor-advised funds in making behested payments, or set additional disclosure requirements for those who use them, the public is unable to determine whether donors whose identities are shielded by such accounts stand to benefit from charitabl
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