Frequently Asked Questions about Behested Payments under the Political Reform Act

What is a “behested payment”? California Government Code Section 82004.5 defines “behested payment” to mean a payment that is made at the behest of a committee, an elected officer, a member of the Public Utilities Commission, or an agent thereof, under specified circumstances.

What are the three circumstances that give rise to a behested payment? They are (1) full and adequate consideration is received from the committee or elected officer; (2) the payment is made to a different candidate or to a committee not controlled by the behesting candidate; or (3) for an elected officer, it is clear from the surrounding circumstances that the payment was made for purposes unrelated to the officer’s seeking or holding of elective office (i.e., a portion of the payment is used for election-related activities).

What types of payments are presumed to be behested payments? Government Code Section 82004.5 specifies five types of payments that are presumed to be for purposes unrelated to an elected officer’s seeking or holding of elective office.

How does the law define “made at the behest of”? Government Code Section 82041.3 defines the phrase “made at the behest of” to mean made under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express, prior consent of a candidate or officer, or their agent.