Judges and unpaid officeholders who are listed on a ballot must file the Form 470. Behested Payment Reports (Form 803) An elected officer who fundraises for worthy causes (such as for a local school, to build a new community center or restore a historic building) may have to file a “behested payments” report. Behested payments are payments made to a “payee,” such as a charity or a government agency, by a third party “payor” at the request or suggestion of an elected officer for a legislative, governmental or charitable purpose. These behested payments do not include payments made principally for personal purposes (i.e., gifts) or campaign purposes (i.e., contributions). A common example is when an elected officer co-sponsors a charitable, governmental, or legislative event, such as a job fair or a conference on public policy issues, with outside sources. Payments made by outside sources in connection with these events generally are considered behested payments.
Form 803 Filing Procedures:
• File the Form 803 when a person donates $5,000 or more in a calendar year to charitable organizations or events at the request of an elected officer. • Once a source has made a behested payment(s) of $5,000 or more during the calendar year, subsequent payments of any amount from that source during the calendar year must be reported. • An elected officer must disclose a relationship to a nonprofit organization recipient of a behested payment and any proceeding before their agency at the time of payment or within 12 months prior to the reported payment in which the payor is involved in the proceeding. See Regulation 18424 for additional information. • File the Form 803 with the elected officer’s agency within 30 days following the date of the payment.
Fair Political Practices Commission advice@fppc.ca.gov
Chapter 12.3
Campaign Manual 2 August 2023 Page 400
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