Rhode Island — currently a “disclosure only” pay-to-play state — is considering adding a political contributions ban to its pay-to-play repertoire.  In February, Rhode Island Attorney General Peter Kilmartin proposed legislation to prohibit state vendors, their ten-percent owners, their executive officers, and the spouses and minor children of those officers and owners from making political contributions to state “officeholder[s] responsible for awarding” contracts and to declared candidates for those offices.  If the state contract is over $5,000, the ban applies.  A similar restriction applies to the executives and family members of companies with pending bids.

Importantly, by using the phrase “officeholder responsible for awarding the contract,” the legislature is not simply prohibiting contributions to the bureaucrat in the purchasing division of the contracting agency.  By statute, the Governor, for example, is considered the “officeholder responsible for awarding” the vast majority of state contracts, making contributions to him off-limits.

The bill may get broader before it is passed.  Last week, it was reported that it is being held for further study by the Rhode Island House’s Committee on Judiciary to look at whether it should also include a ban on contributions to state parties and leadership PACs.  We will continue to monitor this legislation as it develops.

Tags: pay-to-play, Rhode Island
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Photo of Zachary G. Parks Zachary G. Parks

Zachary Parks advises corporations, trade associations, campaigns, and high-net worth individuals on their most important and challenging political law problems.

Chambers USA describes Zachary as “highly regarded by his clients in the political law arena,” noting that clients praised him as their “go-to outside…

Zachary Parks advises corporations, trade associations, campaigns, and high-net worth individuals on their most important and challenging political law problems.

Chambers USA describes Zachary as “highly regarded by his clients in the political law arena,” noting that clients praised him as their “go-to outside attorney for election law, campaign finance, pay-to-play and PAC issues.” Zachary is also a leading lawyer in the emerging corporate political disclosure field, regularly advising corporations on these issues.

Zachary’s expertise includes the Federal Election Campaign Act, the Lobbying Disclosure Act, the Ethics in Government Act, the Foreign Agents Registration Act, and the Securities and Exchange Commission’s pay-to-play rules. He has also helped clients comply with the election and political laws of all 50 states. Zachary also frequently leads political law due diligence for investment firms and corporations during mergers and acquisitions.

He routinely advises corporations and corporate executives on instituting political law compliance programs and conducts compliance training for senior corporate executives and lobbyists. He also has extensive experience conducting corporate internal investigations concerning campaign finance and lobbying law compliance and has defended his political law clients in investigations by the Federal Election Commission, the U.S. Department of Justice, Congressional committees, and in litigation.

Zachary is also the founder and chair of the J. Reuben Clark Law Society’s Political and Election Law Section.

Zachary also has extensive complex litigation experience, having litigated major environmental claims, class actions, and multi-district proceedings for financial institutions, corporations, and public entities.

From 2005 to 2006, Zachary was a law clerk for Judge Thomas B. Griffith on the United States Court of Appeals for the District of Columbia.

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