HOUSE OF REPRESENTATIVES
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
relating to Electioneering communications.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 11-341, Hawaii Revised Statutes, is amended to read as follows:
communications; statement of information.
(a) Each [
person who] noncandidate
committee that makes an expenditure for electioneering communications in an
aggregate amount of more than $2,000 during any calendar year shall file with
the commission a statement of information within twenty-four hours of each
disclosure date provided in this section.
(b) Each statement of information shall contain the following:
(1) The name of the [
noncandidate committee making the expenditure, name of any person or
entity sharing or exercising discretion or control over the [ person,] noncandidate
committee, and the custodian of the books and accounts of the [ person]
noncandidate committee making the expenditure;
(2) The names and
titles of the executives or board of directors who authorized the expenditure[
if the expenditure was made by a noncandidate committee, business entity, or an
(3) The state of
incorporation or formation and principal address of the noncandidate committee[
business entity, or organization or for an individual, the name, address,
occupation, and employer of the individual making the expenditure];
(4) The amount of each expenditure during the period covered by the statement and the identification of the person to whom the expenditure was made;
(5) The elections to which the electioneering communications pertain and the names of any clearly identifiable candidates and whether those candidates are supported or opposed;
expenditures were made by a candidate committee or noncandidate committee, the]
The names and addresses of all persons who contributed to the [ candidate
committee or] noncandidate committee for the purpose of publishing or broadcasting
the electioneering communications;
(7) If the
expenditures were made by an organization other than a candidate committee or
noncandidate committee, the names and addresses of all persons who contributed
to the organization for the purpose of publishing or broadcasting the
electioneering communications; (8)] (7) Whether
or not any electioneering communication is made in coordination, cooperation,
or concert with or at the request or suggestion of any candidate, candidate
committee, or noncandidate committee, or agent of any candidate if any, and if
so, the identification of the candidate, candidate committee, or noncandidate
committee, or agent involved; and
(9)] (8) The
three top contributors as required under section 11-393, if applicable.
(c) An electioneering communication statement of information filed pursuant to this section shall be in addition to the filing of any other report required under this part.
(d) For purposes of this section:
"Disclosure date" means,
for every calendar year, the first date by which a [
committee 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] noncandidate committee for
"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:
(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 by the expending organization; (3)] (2) In
house bulletins; or
(4)] (3) That
constitute a candidate debate or forum, or solely promote a debate or forum and
are made by or on behalf of the person sponsoring the debate or forum.
For purposes of this section, a [
person] noncandidate committee
shall be treated as having made an expenditure if the [ person] noncandidate
committee has executed a contract to make the expenditure."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Campaign Spending Commission; Electioneering Communications
Limits electioneering communication disclosure requirements to noncandidate committees.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.