REPORT TITLE:
Campaign Spending 


DESCRIPTION:
Lowers candidate funding available from public funds for the
office of the governor, lieutenant governor, or the mayor from
20% to 10%, and for state senator, state representative, county
council and prosecuting attorney from 30% to 15% of total limit
established. Removes ballot issue from requirement of
organizational report.  Increases from 5 to 10 days after filing
for office, deadline for filing an organizational report.
Requires candidates who withdraw or cease to be candidates to
return private contributions to the donors within 4 years, and in
the event of death, requires residual contributions to escheat to
the Hawaii election campaign fund. (HB1984 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1984
HOUSE OF REPRESENTATIVES                H.B. NO.           H.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 11-196, 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;
 
12      (2)  The name, address, office sought, election period,
 
13           district, and party affiliation, of each candidate or
 
14           individual whom the 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;
 

 
 
Page 2                                                     1984
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (4)  The names and addresses of the campaign chairperson and
 
 2           deputy campaign chairperson together with the campaign
 
 3           chairperson's written acceptance of appointment;
 
 4      (5)  A list of all banks, safety deposit boxes, or other
 
 5           depositories used with each applicable account number;
 
 6           and
 
 7      (6)  The amount, name, and address, of each donor who has
 
 8           contributed an aggregate amount of more than $100 since
 
 9           the last election applicable to the office being sought
 
10           [or to the ballot issue or question] and the amount and
 
11           date of deposit of each such contribution[; and
 
12      (7)  In the case of a report by a committee or party
 
13           supporting or opposing a ballot question or issue, all
 
14           of the information described in paragraphs (2) to (6)
 
15           and a description of the question or issue].
 
16      (b)  Any change in information submitted in the
 
17 organizational report with the exception of subsection (a)(6)
 
18 shall be reported no later than 4:30 p.m. on the tenth calendar
 
19 day after such change is brought to the attention of the
 
20 candidate, committee, [party,] or campaign treasurer."
 
21      SECTION 3.  Section 11-214, Hawaii Revised Statutes, is
 
22 amended by amending subsection (a) to read as follows:
 

 
 
 
Page 3                                                     1984
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      "(a)  All candidates who withdraw or cease to be candidates,
 
 2 or committees directly associated with such candidates,
 
 3 individuals who receive contributions but fail to file for
 
 4 nomination, or committees or parties which discontinue their
 
 5 activities covered in this subpart, shall return all residual
 
 6 private contributions to the donors of such contributions within
 
 7 four years if their identities are known[,]; provided that if the
 
 8 identity of any donor is not known, or the donor cannot be found,
 
 9 such contribution shall escheat to the Hawaii election campaign
 
10 fund.  In the event of a death of a candidate, residual
 
11 contributions shall escheat to the Hawaii election campaign
 
12 fund."
 
13      SECTION 4.  Section 11-218, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "§11-218  Candidate funding; amounts available.(a)  The
 
16 maximum amount of public funds available to a candidate for the
 
17 office of governor, lieutenant governor, or mayor in any election
 
18 [year] shall not exceed [one-fifth or twenty] ten per cent of the
 
19 total expenditure limit for each election as established for each
 
20 office listed in this subsection pursuant to section 11-209.
 
21      (b)  For the office of state senator, state representative,
 
22 county council member, and prosecuting attorney, the maximum
 
23 amount of public funds available to a candidate in any election
 

 
Page 4                                                     1984
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 [year] shall be [thirty] fifteen per cent of the total
 
 2 expenditure limit for each election as established for each
 
 3 office listed in this subsection pursuant to section 11-209.
 
 4      (c)  For the board of education and all other offices, the
 
 5 maximum amount of public funds available to a candidate shall not
 
 6 exceed $100 in any election year.
 
 7      [(d)  The total amount of public funds for a primary,
 
 8 special primary, or general election to which a candidate is
 
 9 entitled to receive under section 11-221 shall not exceed fifty
 
10 per cent of the maximum amount of public funds available for the
 
11 candidate's respective office.  Each candidate who qualified for
 
12 the maximum amount of public funding in any primary or special
 
13 primary election and who is a candidate for a subsequent general
 
14 election shall upon application with the commission be entitled
 
15 to receive up to fifty per cent of the balance of public funds
 
16 available to such candidate.]"
 
17      SECTION 5.  Section 11-228, Hawaii Revised Statutes, is
 
18 amended by amending subsection (g) to read as follows:
 
19      "(g)  The provisions of this section shall not apply to any
 
20 person who, prior to the commencement of proceedings under this
 
21 section, has paid or agreed to pay the penalties prescribed by
 
22 sections 11-193(a)(5) and [[]11-215(c)[]]."
 

 
 
 
Page 5                                                     1984
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 6.  Section 11-229, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (e) to read as follows:
 
 3      "(e)  The provisions of this section shall not apply to any
 
 4 person who, prior to the commencement of proceedings under this
 
 5 section, has paid or agreed to pay the penalties prescribed by
 
 6 sections 11-193(a)(5) and [[]11-215(c)[]]."
 
 7      SECTION 7.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 8.  This Act shall take effect upon its approval.