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Pay to Play Updates – November 2022

By Benjamin Keane, Michael Zolandz, C. Randall Nuckolls, Michael Pfeifer, and Merrill Weber
November 7, 2022
  • California
  • Hawaii
  • In The News
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An excerpt of Dentons’ Political Law Playbook.

New State Law Could Curb Pay to Play Politics in Orange County & California – As we recently detailed, California Governor Gavin Newsom signed into law a bill that dramatically expands the scope of the Golden State’s already comprehensive pay-to-play framework. The new law increases the contribution prohibition period for covered business entities and individuals from three to 12 months following the conclusion of a proceeding before an agency, and it also removes the exception for elected officials of local agencies. Now, groups such as city councils, school boards, councils, and boards of supervisors will be subject to pay to play restrictions. The law, which goes into effect January 2023, passed on a bipartisan basis in California in the wake of a range of corruption scandals across the state involving local elected officials. 

New Details Show Sprawling Web Of Corruption In Southern California Cannabis Licensing – Multiple pay-to-play schemes in cannabis licensing were uncovered last month in Southern California, involving hundreds of thousands of dollars. The reporting by the Los Angeles Times led to a formal request to California Attorney General Rob Bonta to create a task force that would investigate and prosecute illegal activity tied to the award of cannabis licenses. Among the elected officials accused of impropriety in current reporting are Baldwin Park City Councilmember Ricardo Pacheco, who admitted to soliciting $150,000 in campaign contributions from a local cannabis distributor in exchange for distribution rights, and former San Bernadino County Planning Commissioner Gabriel Chavez, who purportedly funneled bribes from the cannabis industry to Pacheco. Both officials recently entered into plea agreements with federal prosecutors. 

New Pay-to-Play Laws Recommended by Hawai`i Standards Commission – Last month Hawai`i’s Commission to Improve Standards of Conduct recommended that legislators update state pay-to-play laws to ban government contractors from making campaign contributions while actively working on a contract. The Commission’s recommendations would also extend the proposed political contribution prohibition to state and county grantees who receive funds through legislative appropriations. The Commission’s proposal will be considered by state lawmakers during the 2023 legislative session and closely monitored by the Playbook and the Dentons Pay to Play Law Blog. 

About the Political Law Playbook

Dentons’ Political Law Playbook is a monthly update on the most important developments in the areas of political law, government ethics, campaign finance, lobbying and election law. Each edition of Political Law Playbook will cast a spotlight on the unique issues at the intersection of law, policy and politics and give you a window into how the Dentons Political Law, Ethics and Disclosure team can help you navigate the compliance challenges you face.

To read the full editions of the newsletter, click here. Please click here to contact the authors of Political Law Playbook.

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Benjamin Keane

About Benjamin Keane

Ben Keane is a Partner in the Washington, DC and Atlanta, GA offices of Dentons and co-head of the firm’s Political Law, Ethics and Disclosure Team. Mr. Keane focuses his practice on the representation of elected officials, political candidates, PACs, SuperPACs, political parties, corporations, non-profit organizations and other entities with regard to federal, state and local election law, campaign finance, lobbying, pay-to-play, and ethics matters. He regularly counsels businesses, trade associations and other non-profits on the establishment and maintenance of successful political law compliance frameworks. Additionally, Mr. Keane assists clients across the country with political law investigation and audit matters involving federal, state and local government authorities, and frequently counsels presidential nominees, appointees and other federal officials on confirmation and ethics matters.

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Michael Zolandz

About Michael Zolandz

Mike Zolandz is the chair of Dentons' Federal Regulatory and Compliance practice, and serves as the Managing Partner for Dentons’ Washington, DC office. Mike focuses his practice on advising clients on their most critical and complex trade compliance and foreign investment projects, specializing in cross-border transactions and regulations related to international commerce.

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C. Randall Nuckolls

About C. Randall Nuckolls

Randy Nuckolls is a partner Dentons’ Washington, D.C. office and is a member of the Public Policy practice. He has more than thirty years of experience working on federal policy issues.

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Michael Pfeifer

About Michael Pfeifer

Michael Pfeifer is member of Dentons' Political Law, Ethics and Disclosure team. The focus of his practice is providing lobbying, campaign finance, and government ethics compliance counsel and representation to trade associations, political action committees (PACs), corporations and other business entities, non-profit organizations and elected officials at the federal, state and local levels.

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Merrill Weber

About Merrill Weber

Merrill M. Weber is an associate in Dentons’ Washington D.C. office and member of the Political Law, Ethics and Disclosure team. Her practice focuses on providing counsel on state, federal, and local lobbying, campaign finance, and government ethics compliance issues to clients including trade associations, political action committees (PACs), corporations and other business entities, and non-profit organizations.

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