HOUSE OF REPRESENTATIVES

H.B. NO.

1399

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ELECTIONS.

 

 

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

 


     SECTION 1.  Section 11-341, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  For purposes of this section:

     "Disclosure date" means, for every calendar year, the first date by which a person has made expenditures during that same year of more than $2,000 in the aggregate for electioneering communications, and the date of any subsequent expenditures by that person for electioneering communications.

     "Electioneering communication" means any advertisement that is broadcast from a cable, satellite, television, or radio broadcast station; published in any periodical or newspaper or by electronic means; or sent by mail at a bulk rate, and that:

     (1)  Refers to a clearly identifiable candidate;

     (2)  Is made, or scheduled to be made, either within thirty days prior to a primary or initial special election or within sixty days prior to a general or special election; and

     (3)  Is not susceptible to any reasonable interpretation other than as an appeal to vote for or against a specific candidate.

     "Electioneering communication" shall not include [communications:] any communication:

     (1)  In a news story or editorial disseminated by any broadcast station or publisher of periodicals or newspapers, unless the facilities are owned or controlled by a candidate, candidate committee, or noncandidate committee;

     (2)  That [constitute expenditures] constitutes an expenditure by the expending organization;

     (3)  In a house [bulletins; or] bulletin;

     (4)  That [constitute] constitutes a candidate debate or forum, or solely [promote] promotes a debate or forum and [are] is made by or on behalf of the person sponsoring the debate or forum[.]; or

     (5)  That is an advertisement broadcast, published, or distributed by any candidate or that candidate's candidate committee to promote the election of that candidate or oppose the election of an opponent of that candidate; provided that the advertisement is in compliance with section 11-391."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Elections; Electioneering Communications; Candidate Committees

 

Description:

Excludes any advertisement by a candidate or candidate committee from the reporting requirements for electioneering communications; provided that the advertisement is in compliance with the law regarding advertisements.

 

 

 

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