THE SENATE

S.C.R. NO.

21

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 
   


SENATE CONCURRENT

RESOLUTION

 

REQUESTING the auditor to investigate and review the entire operation of the campaign spending commission, its staff, INCLUDING any agency or person who assists the commission in FULFILLING the mission of the campaign spending commission.

 

WHEREAS, the Campaign Spending Commission consists of five members of the general public who are appointed by the Governor from a list of ten nominees submitted by the Judicial Council; and

WHEREAS, the individual commissioners, including the chair, serve without compensation, but are reimbursed for reasonable expenses, including travel expenses, incurred in the discharge of their duties; and

WHEREAS, the paid staff of the Campaign Spending Commission includes an Executive Director, an Associate Director, General Counsel, an Administrative Assistant, and an Elections Assistant; in addition, a Deputy Attorney General is assigned to assist the Commission; and

WHEREAS, members of the Commission and its staff are prohibited from participating in any political campaign during their term of office or employment; and

WHEREAS, the duties of the Commission include:

(1) Developing and adopting required reporting forms;

(2) Adopting and publishing a manual for candidates and committees that describes campaign contribution and expenditure requirements, including simple uniform recordkeeping methods;

(3) Preservation of required reports for at least ten years;

(4) Permitting public access to required reports, pursuant to rules adopted by the Commission;

(5) Ascertaining whether any candidate, committee, or party has failed to meet reporting requirements, including notification of the defect and publication of the names of candidates, committees, and parties who fail to file or to correct deficiencies within a certain time;

(6) Holding public hearings;

(7) Investigating and holding hearings to receive evidence of violations;

(8) Adopting a code of fair campaign practices as part of the Commission's rules;

(9) Establishing rules;

(10) Requesting the initiation of prosecution for violations;

(11) Administering and monitoring the distribution of public funds;

(12) Suggesting accounting methods for candidates, parties, and committees as the Commission deems advisable;

(13) Hiring and firing of persons necessary for the performance of its functions, including a full-time Executive Director, and fixing the salary of staff;

(14) Conducting random audits and field investigations, as necessary;

(15) Filing for injunctive relief when indicated;

(16) Censuring any candidate who fails to comply with the code of fair campaign practices; and

(17) Rendering advisory opinions upon request of any candidate, candidate or noncandidate committee, or other person or entity subject to chapter 11, Hawaii Revised Statutes;

and

WHEREAS, campaign financing has long been a source of controversy and debate in national, state, and local elections; and Hawaii laws relating to campaign contributions and expenditures, and the Campaign Spending Commission, are sometimes complicated and confusing; and

WHEREAS, some candidates file reports required by state election law by means of electronic filing, known as the Hawaii Electronic Reporting and Tracking System; and

WHEREAS, in contrast to the statute of limitations relating to criminal actions, there is no similar statute of limitation on administrative review and penalties; and

WHEREAS, public confidence in the entire election process would be improved by an audit that produces one or more reports on the operation of the Campaign Spending Commission, its members and staff, including any related persons or agencies that assist the Campaign Spending Commission in fulfilling its mission in any manner; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2004, the House of Representatives concurring, that the Auditor is requested to conduct an audit that includes the inspection, review, and reporting on the entire operation of the Campaign Spending Commission, including its members and its staff, and any related persons or agencies that assist the Campaign Spending Commission in fulfilling its mission in any manner, and the electronic filing system, known as the Hawaii Electronic Reporting and Tracking System; and

BE IT FURTHER RESOLVED that the Auditor is requested to include and report on the following in the audit:

(1) The financing and recordkeeping of the Campaign Spending Commission and the adequacy thereof;

(2) Whether the Commission and its staff are fulfilling the duties of the Commission, as set forth in section 11-193, Hawaii Revised Statutes;

(3) The Commission's policy making and its administration of the relevant law;

(4) Whether, and how, the Commission ensures equal treatment under the law; for example, are identical penalties imposed exactly for all who violate the same provision of a statute or rule;

(5) Whether the Commission or any of its staff engage in activity that could be considered to be a form of "bounty hunting";

(6) Whether the Commission or any of its staff work with private investigators on a contingency or similar fee basis;

(7) How and to what extent the truthfulness of allegations in complaints filed with the Commission are examined and determined;

(8) Whether there is any time limit, similar to statutes of limitations in criminal actions, within which the Commission must decide whether to pursue or to dismiss charges;

(9) Include a review of the Hawaii Electronic Reporting and Tracking System that includes a cost-benefit analysis and a report on the system's ease of use by candidates;

(10) Review whether other electronic filing systems exist and are used in other states that may be easier to use for Hawaii candidates and that ensure fairness to all candidates; and,

(A) If those electronic filing systems do exist, why has the Commission not implemented the more consumer-friendly, fair, and efficient system; and

(B) If no such system is currently in use in the mainland, can a local vendor provide for an electronic filing system to replace the current Hawaii Electronic Reporting and Tracking System; and

(11) Any other matters that the Auditor deems relevant to ensure the even-handed operation of the Campaign Spending Commission, including the existence of or the need for a prohibition against the Commission's ability to comment to the press or general public, even during testimony before the Legislature, regarding an active case while investigation is being conducted to protect the accused's right to confidentiality and to ensure the presumption of the innocence of the accused until proven guilty;

and

BE IT FURTHER RESOLVED that the Campaign Spending Commission, its members, staff, and other relevant persons or agencies, are requested to cooperate with and assist the Auditor and to provide information requested by the Auditor to fulfill the Legislature's request; and

BE IT FURTHER RESOLVED that the Auditor is requested to submit a report of its findings and recommendations, including any proposed legislation, no later than twenty days prior to the convening of the Regular Session of 2005; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor, the Chair and the Executive Director of the Campaign Spending Commission, the President of the Senate, the Speaker of the House of Representatives, and the Governor.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Campaign Spending Commission Investigation