Report Title:

Election Advertising

 

Description:

Adds the requirement that certain notices in election advertising shall be continuous and legible, and that the notice be given at the beginning and end of a radio broadcast.

 

 

HOUSE OF REPRESENTATIVES

H.B. NO.

449

TWENTY-FIRST LEGISLATURE, 2001

 

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 11-215, Hawaii Revised Statutes, is amended to read as follows:

"§11-215 Advertising. (a) All advertisements shall clearly contain [the]:

(1) The name of the candidate supported by the advertisement; and

(2) The name and address of the candidate, committee, party, or person paying for the advertisement. [If an advertisement is not authorized by a candidate or a candidate's committee, the advertisement shall contain the name and address of the person paying for the advertisement.]

The information required by this subsection shall be presented in a clear and legible manner throughout the duration of the advertisement; provided that for a radio advertisement, the required information shall be presented at the beginning and end of the radio advertisement.

(b) In addition to subsection (a), no candidate or committee shall cause or submit any advertisement in support of a candidate, against a candidate's opponent, or with regard to a ballot issue to be published, broadcast, televised, or otherwise circulated and distributed except under the following conditions:

(1) The advertisement shall contain [a] continuous and legible notice in a prominent location that the literature or advertisement is published, broadcast, televised, or circulated with the approval and authority of the candidate[,]; provided that in the event that the literature or advertisement is paid for by a candidate, committee directly associated with a candidate, or ballot issue committee, the notice of approval and authority need not be included; or

(2) The advertisement shall contain a notice in a prominent location that the literature or advertisement is published, broadcast, televised, or circulated without the approval and authority of the candidate.

(c) The penalty for violating this section shall be a fine not to exceed $25 for each advertisement that lacks the required disclaimer and no more than $5,000 aggregate."

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 Statutory material to be repealed is bracketed and stricken.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.

INTRODUCED BY:

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