REPORT TITLE:
Campaign Advertisements


DESCRIPTION:
Requires campaign advertising paid by a third party to state on
the advertisement that the party has not endorsed the candidate
or ballot issue.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2232
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ELECTIONS. 


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

 1      SECTION 1.  The legislature finds that a campaign
 
 2 advertisement paid for by a person, party, or committee, other
 
 3 than the candidate or ballot issue committee who is the subject
 
 4 of the advertisement, that makes a negative statement about a
 
 5 candidate or negative position about a ballot issue, and
 
 6 attributes that negative statement or position to another party,
 
 7 is not required to contain a disclaimer that the party who made
 
 8 the negative statement has not endorsed the advertisement.  This
 
 9 can lead to a public misperception and is tantamount to an unfair
 
10 election practice.
 
11      The purpose of this Act is to require a campaign
 
12 advertisement paid for by a third party that attributes a
 
13 negative statement to another party, to state that the party who
 
14 made the statement has not endorsed the advertisement.
 
15      SECTION 2.  Section 11-215, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "§11-215  Advertising.(a)  All advertisements shall
 
18 contain the name and address of the candidate, committee, party,
 
19 or person paying for the advertisement.  If an advertisement is
 

 
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                                     S.B. NO.           2232
                                                        
                                                        

 
 1 not authorized by a candidate or a candidate's committee, the
 
 2 advertisement shall contain the name and address of the person
 
 3 paying for the advertisement.
 
 4      (b)  In addition to subsection (a), no candidate or
 
 5 committee shall cause or submit any advertisement in support of a
 
 6 candidate, against a candidate's opponent, or with regard to a
 
 7 ballot issue to be published, broadcast, televised, or otherwise
 
 8 circulated and distributed except under the following conditions:
 
 9      (1)  The advertisement shall contain a notice in a prominent
 
10           location that the literature or advertisement is
 
11           published, broadcast, televised, or circulated with the
 
12           approval and authority of the candidate, provided that
 
13           in the event that the literature or advertisement is
 
14           paid for by a candidate, committee directly associated
 
15           with a candidate, or ballot issue committee, the notice
 
16           of approval and authority need not be included; or
 
17      (2)  The advertisement shall contain a notice in a prominent
 
18           location that the literature or advertisement is
 
19           published, broadcast, televised, or circulated without
 
20           the approval and authority of the candidate.
 
21      (c)  If the advertisement:
 
22      (1)  Makes a negative statement, including a statement of
 
23           nonendorsement, about a candidate or ballot issue and
 

 
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                                     S.B. NO.           2232
                                                        
                                                        

 
 1           attributes that statement or position of nonendorsement
 
 2           to another person or entity; and
 
 3      (2)  Is paid for by a candidate, committee, party, or person
 
 4           other than the candidate or ballot issue that is the
 
 5           subject of the advertisement,
 
 6 the advertisement shall contain a statement that the person or
 
 7 entity to whom the negative statement is attributed has not
 
 8 endorsed the advertisement.
 
 9      [(c)] (d)  The penalty for violating this section shall be a
 
10 fine not to exceed $25 for each advertisement that lacks the
 
11 required disclaimer and no more than $5,000 aggregate."
 
12      SECTION 3.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 4.  This Act shall take effect upon its approval.
 
15 
 
16                       INTRODUCED BY:  ___________________________