REPORT TITLE:
Elections;campaigns


DESCRIPTION: Extends time for candidate to file organizational
report to ten days after filing nomination papers; requires
organizational report to include web page address, if any, and
removes redundant ballot issue description requirement; permits
campaign funds to be used for charitable donations or ordinary
and necessary expenses of office; allows an inadvertant excess
donation to be returned to the donor, and the campaign spending
commission notified, within 30 days; clarifies the public funding
available for certain offices. (HB 1925 CD1)



 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1925
HOUSE OF REPRESENTATIVES                H.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                C.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ELECTIONS.



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

 1      SECTION 1.  Section 11-194, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (c) to read as follows:
 
 3      "(c)  Each candidate who files nomination papers for office
 
 4 with the chief election officer or county clerk shall file an
 
 5 organizational report within [five] ten days of filing."
 
 6      SECTION 2.  Section 11-196, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "11-196  Organizational report, candidate's committee.(a)
 
 9 The organizational report shall include:
 
10      (1)  The name and address of the candidate or individual, or
 
11           committee, [or party] filing the report[;], including
 
12           web page address, if any;
 
13      (2)  The name, address, office sought, district, and party
 
14           affiliation, of each candidate or individual whom the
 
15           committee or party is supporting;
 
16      (3)  The names and addresses of the campaign treasurer and
 
17           deputies together with the treasurer's written
 
18           acceptance of appointment;
 
19      (4)  The names and addresses of the campaign chairperson and
 
20           deputy campaign chairperson together with the campaign
 

 
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 1           chairperson's written acceptance of appointment;
 
 2      (5)  A list of all banks, safety deposit boxes, or other
 
 3           depositories used with each applicable account number;
 
 4           and
 
 5      (6)  The amount, name, and address, of each donor who has
 
 6           contributed an aggregate amount of more than $100 since
 
 7           the last election applicable to the office being sought
 
 8           [or to the ballot issue or question] and the amount and
 
 9           date of deposit of each such contribution[; and
 
10      (7)  In the case of a report by a committee or party
 
11           supporting or opposing a ballot question or issue, all
 
12           of the information described in paragraphs (2) to (6)
 
13           and a description of the question or issue].
 
14      (b)  Any change in information submitted in the
 
15 organizational report with the exception of subsection (a)(6)
 
16 shall be reported no later than 4:30 p.m. on the tenth calendar
 
17 day after such change is brought to the attention of the
 
18 candidate, committee, [party,] or campaign treasurer."
 
19      SECTION 3.  Section 11-200, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "11-200 Campaign contributions; restrictions against
 
22 transfer.  (a)  A candidate, campaign treasurer, or candidate's
 
23 committee shall not receive any contributions or receive or make
 

 
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 1 any transfer of money or anything of value:
 
 2      (1)  For any purpose other than that directly related:
 
 3           (A)  In the case of the candidate, to the candidate's
 
 4                own campaign; or
 
 5           (B)  In the case of a campaign treasurer or candidate's
 
 6                committee, to the campaign of the candidate,
 
 7                question, or issue with which they are directly
 
 8                associated; or
 
 9      (2)  To support the campaigns of candidates other than the
 
10           candidate for whom the funds were collected or with
 
11           whom the campaign treasurer or candidate's committee is
 
12           directly associated; or
 
13      (3)  To campaign against any other candidate not directly
 
14           opposing the candidate for whom the funds were
 
15           collected or with whom the campaign treasurer or
 
16           candidate's committee is directly associated.
 
17      (b)  Any provision of law to the contrary notwithstanding, a
 
18 candidate, campaign treasurer, or candidate's committee, as a
 
19 contribution[, may]:
 
20      (1)  May purchase from its campaign fund not more than two
 
21           tickets for each event held by another candidate,
 
22           committee, or party whether or not the event
 
23           constitutes a fundraiser as defined in section
 

 
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 1           11-203[.];
 
 2      (2)  May use campaign funds for any ordinary and necessary
 
 3           expenses incurred in connection with the candidate's
 
 4           duties as a holder of an elected state or county
 
 5           office, as the term is used in section 11-206(c),
 
 6           Hawaii Revised Statutes; and
 
 7      (3)  May make contributions from its campaign fund to any
 
 8           community service, educational, youth, recreational,
 
 9           charitable, scientific, or literary organization,
 
10           provided that in any election cycle, the total amount
 
11           of all contributions from campaign funds and surplus
 
12           funds shall be no more than the maximum amount that one
 
13           person or other entity may contribute to that candidate
 
14           pursuant to section 11-204(a), Hawaii Revised Statutes.
 
15      [(b)] (c)  This section shall not be construed to prohibit a
 
16 party from supporting more than one candidate.
 
17      [(c)] (d)  This section shall not be construed to prohibit a
 
18 candidate for the office of governor or lieutenant governor from
 
19 supporting a co-candidate in the general election.
 
20      [(d)] (e)  This section shall not be construed to prohibit a
 
21 candidate from making contributions to the candidate's party so
 
22 long as that contribution is not earmarked for another
 
23 candidate."
 

 
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 1      SECTION 4.  Section 11-204, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (e) as follows:
 
 3      "(e)  Any candidate, candidate's committee, or committee
 
 4 that receives in the aggregate more than the applicable limits
 
 5 set forth in this section in any primary, initial special,
 
 6 special, or general election from a person, shall be required to
 
 7 do one of the following:
 
 8      (1)  Regardless of whether the excess donation was
 
 9           inadvertently made, to transfer an amount equal to any
 
10           excess over the limits established in this section to
 
11           the Hawaii election campaign fund within thirty days of
 
12           receipt of the contribution, and in any event, no later
 
13           than thirty days upon the receipt by a candidate,
 
14           candidate's committee, or committee, of notification
 
15           from the commission[.] ; or
 
16      (2)  If the excess donation was inadvertently made, to
 
17           return to the donor any excess over the limits
 
18           established in this section and to notify the
 
19           commission within thirty days of receipt of the
 
20           contribution.
 
21 A candidate, candidate's committee, or committee who complies
 
22 with this subsection prior to the initiation of prosecution shall
 
23 not be subject to any penalty under section 11-228."
 

 
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 1      SECTION 5.  Section 11-206, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (c) to as follows:
 
 3      "(c)  Such contributions may be used after a general or
 
 4 special election for any fundraising activity, for: 
 
 5      (1)  [any] Any other politically related activity sponsored
 
 6           by the candidate[, for];
 
 7      (2)  [any] Any ordinary and necessary expenses incurred in
 
 8           connection with the candidate's duties as a holder of
 
 9           an elected state or county office[,]; or [for]
 
10      (3)  [any] Any contribution to any community service,
 
11           educational, youth, recreational, charitable,
 
12           scientific, or literary organization, [or any other
 
13           organization which the commission, by rules adopted
 
14           pursuant to chapter 91, deems appropriate.] provided
 
15           that in any election cycle, the total amount of all
 
16           contributions from campaign funds and surplus funds
 
17           shall be no more than the maximum amount that one
 
18           person or other entity may contribute to that candidate
 
19           pursuant to section 11-204(a), Hawaii Revised
 
20           Statutes."
 
21      SECTION 6.  Section 11-218, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 
23      "11-218  Candidate funding; amounts available.(a)  The
 

 
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 1 maximum amount of public funds available to a candidate for the
 
 2 office of governor, lieutenant governor, or mayor in any election
 
 3 [year] shall not exceed [one-fifth or twenty] ten per cent of the
 
 4 total expenditure limit for each election as established for each
 
 5 office listed in this subsection pursuant to section 11-209.
 
 6      (b)  For the office of state senator, state representative,
 
 7 county council member, and prosecuting attorney, the maximum
 
 8 amount of public funds available to a candidate in any election
 
 9 [year] shall be [thirty] fifteen per cent of the total
 
10 expenditure limit for each election as established for each
 
11 office listed in this subsection pursuant to section 11-209.
 
12      (c)  For the board of education and all other offices, the
 
13 maximum amount of public funds available to a candidate shall not
 
14 exceed $100 in any election year.
 
15      (d)  [The total amount of public funds for a primary,
 
16 special primary, or general election to which a candidate is
 
17 entitled to receive under section 11-221 shall not exceed fifty
 
18 per cent of the maximum amount of public funds available for the
 
19 candidate's respective office.]  Each candidate who qualified for
 
20 the maximum amount of public funding in any primary or special
 
21 primary election and who is a candidate for a subsequent general
 
22 election shall [upon application] apply with the commission to be
 
23 [entitled] qualified to receive [up to fifty per cent of the
 

 
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 1 balance] the maximum amount of public funds [available to such
 
 2 candidate.] as provided in this section for the respective
 
 3 election.  For purposes of this section qualified means meeting
 
 4 the qualifying campaign contribution requirements of section 11-
 
 5 219."
 
 6      SECTION 7.  Section 11-228, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (g) to read as follows:
 
 8      "(g)  The provisions of this section shall not apply to any
 
 9 person who, prior to the commencement of proceedings under this
 
10 section, has paid or agreed to pay the penalties prescribed by
 
11 sections 11-193(a)(5) and [[]11-215(c)[]]."
 
12      SECTION 8.  Section 11-229, Hawaii Revised Statutes, is
 
13 amended by amending subsection (e) to read as follows:
 
14      "(e)  The provisions of this section shall not apply to any
 
15 person who, prior to the commencement of proceedings under this
 
16 section, has paid or agreed to pay the penalties prescribed by
 
17 sections 11-193(a)(5) and [[]11-215(c)[]]."
 
18      SECTION 9.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 10. This Act shall take effect on November 8, 2000.