REPORT TITLE:
Elections;campaigns


DESCRIPTION: Extends time for candidate to file organizational
report to ten days after filing nomination papers; adds
candidates for senate and house of representatives to electronic
filing; requires organizational report to include web page and e-
mail 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. (SD1)



 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1925
HOUSE OF REPRESENTATIVES                H.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
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 11-195, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (f) to read as follows:
 
 8      "(f)  For purposes of this subpart, whenever a report is
 
 9 required to be filed with the commission, "filed" means received
 
10 in the office of the commission or county clerk, whichever is
 
11 applicable, by the date and time specified for the filing of the
 
12 report; except that a candidate or the committee of a candidate
 
13 who is seeking election to the office of:
 
14      (1)  Governor;
 
15      (2)  Lieutenant governor;
 
16      (3)  Mayor;
 
17      (4)  Prosecuting attorney; [or]
 
18      (5)  County council;
 
19      (6)  Senate; or
 
20      (7)  House of representatives;
 

 
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 1 shall file by electronic means in the manner prescribed by the
 
 2 commission.  Candidates for the offices named in this subsection
 
 3 with contributions or expenditures of less than $5,000 need not
 
 4 file by electronic means."
 
 5      SECTION 3.  Section 11-196, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "§11-196  Organizational report, candidate's committee.(a)
 
 8 The organizational report shall include:
 
 9      (1)  The name and address of the candidate or individual, or
 
10           committee, [or party] filing the report[;], including
 
11           web page and e-mail address, if any;
 
12      (2)  The name, address, office sought, district, and party
 
13           affiliation, of each candidate or individual whom the
 
14           committee or party is supporting;
 
15      (3)  The names and addresses of the campaign treasurer and
 
16           deputies together with the treasurer's written
 
17           acceptance of appointment;
 
18      (4)  The names and addresses of the campaign chairperson and
 
19           deputy campaign chairperson together with the campaign
 
20           chairperson's written acceptance of appointment;
 
21      (5)  A list of all banks, safety deposit boxes, or other
 
22           depositories used with each applicable account number;
 
23           and
 

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

 
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 1                committee, to the campaign of the candidate,
 
 2                question, or issue with which they are directly
 
 3                associated; or
 
 4      (2)  To support the campaigns of candidates other than the
 
 5           candidate for whom the funds were collected or with
 
 6           whom the campaign treasurer or candidate's committee is
 
 7           directly associated; or
 
 8      (3)  To campaign against any other candidate not directly
 
 9           opposing the candidate for whom the funds were
 
10           collected or with whom the campaign treasurer or
 
11           candidate's committee is directly associated.
 
12 Any provision of law to the contrary notwithstanding, a
 
13 candidate, campaign treasurer, or candidate's committee, as a
 
14 contribution, may purchase from its campaign fund not more than
 
15 two tickets for each event held by another candidate, committee,
 
16 or party whether or not the event constitutes a fundraiser as
 
17 defined in section 11-203[.], may use campaign funds for any
 
18 ordinary and necessary expenses incurred in connection with the
 
19 candidate's duties as a holder of an elected state or county
 
20 office, and may make contributions from its campaign fund to any
 
21 community service, educational, youth, recreational, charitable,
 
22 scientific, or literary organization, or any other organization
 
23 deemed appropriate by the commission in rules adopted pursuant to
 

 
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 1 chapter 91."
 
 2      SECTION 5.  Section 11-204, Hawaii Revised Statutes, is
 
 3 amended by amending subsection (e) as follows:
 
 4      "(e)  Any candidate, candidate's committee, or committee
 
 5 that receives in the aggregate more than the applicable limits
 
 6 set forth in this section in any primary, initial special,
 
 7 special, or general election from a person, shall be required to
 
 8 do one of the following:
 
 9      (1)  Regardless of whether the excess donation was
 
10           inadvertently made, to transfer an amount equal to any
 
11           excess over the limits established in this section to
 
12           the Hawaii election campaign fund within thirty days of
 
13           receipt of the contribution, and in any event, no later
 
14           than thirty days upon the receipt by a candidate,
 
15           candidate's committee, or committee, of notification
 
16           from the commission[.] ; or
 
17      (2)  If the excess donation was inadvertently made, to
 
18           return to the donor any excess over the limits
 
19           established in this section and to notify the
 
20           commission within thirty days of receipt of the
 
21           contribution.
 
22 A candidate, candidate's committee, or committee who complies
 
23 with this subsection prior to the initiation of prosecution shall
 

 
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 1 not be subject to any penalty under section 11-228."
 
 2      SECTION 6.  Section 11-218, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "§11-218  Candidate funding; amounts available.(a)  The
 
 5 maximum amount of public funds available to a candidate for the
 
 6 office of governor, lieutenant governor, or mayor in any election
 
 7 [year] shall not exceed [one-fifth or twenty] ten per cent of the
 
 8 total expenditure limit for each election as established for each
 
 9 office listed in this subsection pursuant to section 11-209.
 
10      (b)  For the office of state senator, state representative,
 
11 county council member, and prosecuting attorney, the maximum
 
12 amount of public funds available to a candidate in any election
 
13 [year] shall be [thirty] fifteen per cent of the total
 
14 expenditure limit for each election as established for each
 
15 office listed in this subsection pursuant to section 11-209.
 
16      (c)  For the board of education and all other offices, the
 
17 maximum amount of public funds available to a candidate shall not
 
18 exceed $100 in any election year.
 
19      (d)  [The total amount of public funds for a primary,
 
20 special primary, or general election to which a candidate is
 
21 entitled to receive under section 11-221 shall not exceed fifty
 
22 per cent of the maximum amount of public funds available for the
 
23 candidate's respective office.]  Each candidate who qualified for
 

 
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 1 the maximum amount of public funding in any primary or special
 
 2 primary election and who is a candidate for a subsequent general
 
 3 election shall [upon application] apply with the commission to be
 
 4 [entitled] qualified to receive [up to fifty per cent of the
 
 5 balance] the maximum amount of public funds [available to such
 
 6 candidate.] as provided in this section for the respective
 
 7 election.  For purposes of this section qualified means meeting
 
 8 the qualifying campaign contribution requirements of section 11-
 
 9 219."
 
10      SECTION 7.  Section 11-228, Hawaii Revised Statutes, is
 
11 amended by amending subsection (g) to read as follows:
 
12      "(g)  The provisions of this section shall not apply to any
 
13 person who, prior to the commencement of proceedings under this
 
14 section, has paid or agreed to pay the penalties prescribed by
 
15 sections 11-193(a)(5) and [[]11-215(c)[]]."
 
16      SECTION 8.  Section 11-229, Hawaii Revised Statutes, is
 
17 amended by amending subsection (e) to read as follows:
 
18      "(e)  The provisions of this section shall not apply to any
 
19 person who, prior to the commencement of proceedings under this
 
20 section, has paid or agreed to pay the penalties prescribed by
 
21 sections 11-193(a)(5) and [[]11-215(c)[]]."
 

 
 
 
 
 
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 1      SECTION 9.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 10. This Act shall take effect upon its approval.