Report Title:

Elections; Campaign Spending Report

 

Description:

Required all candidates for state senate and state house to file campaign financing reports electronically. Increases criminal penalties for candidates and committees that show a significant pattern of abuses and violations of the campaign spending statute.

 

THE SENATE

S.B. NO.

617

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to elections.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Findings and purpose. The legislature finds that disclosure of campaign finances to the electorate is enhanced considerably when finances are disclosed through electronic means directly to the internet. The internet provides instantaneous disclosure to the public from the candidate, with no human intervention and the attendant human errors created in the transfer of information. The candidate has the knowledge that the information provided to the public is timely and accurate. The federal government and many states are moving towards having all candidates file electronically using the latest in technology. Hawaii requires all candidates for major office except candidates for the legislature to file electronically in a set format. The purpose of this Act is to require candidates for the state senate and state house to file by electronic means. The legislature further finds that the campaign spending statutes are often ignored because of the relatively minor penalty and the very difficult task of prosecuting minor violations. Public trust diminishes as a result of continual abuses. The purpose of this Act is to increase the administrative penalty assessed against organizations and associations that violate the provisions of the campaign spending statute. Criminal penalties are increased for candidates and committees that show a significant pattern of abuses and violations of the statute.

SECTION 2. Section 11-195, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

"(f) For purposes of this subpart, whenever a report is required to be filed with the commission, "filed" means received in the office of the commission or county clerk, whichever is applicable, by the date and time specified for the filing of the report; except that a candidate or the committee of a candidate who is seeking election to the office of:

(1) Governor;

(2) Lieutenant governor;

(3) Mayor;

(4) Prosecuting attorney; [or]

(5) County council;

(6) Senate; or

(7) House;

shall file by electronic means in the manner prescribed by the commission. Candidates for the offices named in this subsection with contributions or expenditures of less than $5,000 need not file by electronic means."

SECTION 3. Section 11-228, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In the performance of its required duties, the commission may render a decision or issue an order affecting any person violating any provision of this subpart that shall provide for the assessment of an administrative fine in the manner prescribed as follows:

(1) If a natural person, an amount not to exceed $1,000 for each occurrence or an amount equivalent to three times the amount of an unlawful contribution or expenditure, whichever is greater; or

(2) If a corporation, organization, association, or labor union, it shall be punished by a fine not exceeding $1,000 for each occurrence[;] or an amount equivalent to three times the amount of an unlawful contribution or expenditure, whichever is greater; and

(3) Whenever a corporation, organization, association, or labor union violates this subpart, the violation shall be deemed to be also that of the individual directors, officers, or agents of the corporation, organization, association, or labor union, who have knowingly authorized, ordered, or done any of the acts constituting the violation."

SECTION 4. Section 11-229, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person who knowingly, intentionally, or recklessly violates any provision of this subpart shall be guilty of a misdemeanor. A person who is convicted under this section shall be disqualified from holding elective public office for a period of four years from the date of conviction. Any person who intentionally or knowingly commits two or more violations of this subpart, where two or more of these violations are found to be part of a pattern intended to conceal an ongoing or past violations of this subpart, shall be guilty of a class C felony."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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