Official Seeks to Legalize Charity Raffles

Assemblyman Jack O’Connell has taken action to aid a private Catholic high school in Oxnard that canceled its annual raffle recently after the Ventura County district attorney’s office declared it a violation of state gambling laws.

In response to an outcry from parents and school officials, O’Connell (D-Carpinteria) introduced legislation that would place on the November ballot an amendment to the state Constitution that would allow nonprofit and charitable groups to operate raffles.

The school’s spring fiesta raffle, held for 20 years at Santa Clara High School, was scrapped after Deputy Dist. Atty. Gregory W. Brose wrote April 4 that it violated state gambling laws.

The raffle had raised up to $60,000 each year for the school, according to school officials.

The state attorney general’s office issued a formal opinion in April, 1988, concluding that charitable organizations may not legally use a raffle to raise money.

The Constitution, which can be amended only by voters, prohibits raffles and lotteries that distribute prizes to participants who make donations or pay to participate. Exceptions, such as the state Lottery and bingo for charitable groups, were approved by voters.

However, O’Connell may have his work cut out for him. Two previous attempts to adopt similar legislation have failed, one in 1988 by Assemblyman Tom McClintock (R-Thousand Oaks) and another in 1989 by Assemblywoman Jackie Speier (D-South San Francisco).

Joe Yocca, an administrative assistant to McClintock, said both were passed by the Assembly but killed in a state Senate committee at the behest of law enforcement officials who feared that the legislation would allow organized crime to profit from such raffles.

Dist. Atty. Michael D. Bradbury said recently that he helped draft the legislation sponsored by McClintock and would support any effort to allow charitable organizations to continue to raise funds.