HOUSE OF REPRESENTATIVES	H.B. NO.	1634
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO CAMPAIGN FINANCE.

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

SECTION 1. Section 11-321, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

"(g) The organizational report for a noncandidate committee shall be filed within ten days of receiving contributions or making or incurring expenditures of more than [$1,000,] $100 in the aggregate[,] in a two-year election period[; provided that within the thirty-day period prior to an election, a noncandidate committee shall register by filing an organizational report within two days of receiving contributions or making or incurring expenditures of more than $1,000, in the aggregate, in a two-year election period].

SECTION 2. Section 11-322, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Any change in information previously reported in the organizational report [with the exception of subsection (a)(8)] shall be electronically filed with the commission within ten days of the change being brought to the attention of the committee chairperson or treasurer."

SECTION 3. Section 11-323, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Any change in information previously reported in the organizational report[, with the exception of subsection (a)(12),] shall be electronically filed with the commission within ten days of the change being brought to the attention of the committee chairperson or treasurer."

SECTION 4. Section 11-336, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The filing dates for preliminary reports are:

(1) April 30 of the year of a general election;

(2) Thirty calendar days before a primary, initial special, or initial nonpartisan election;

[(1)] (3) Ten calendar days [prior to] before a primary, initial special, subsequent special, initial nonpartisan or subsequent nonpartisan election;

[(2)] (4) Ten calendar days [prior to] before a general election; and

[(3)] (5) October 1 of the year of a general election.

[Each] The preliminary report filed by the date required under paragraph (2) shall be current through June 30, and all other preliminary [report] reports shall be current through the fifth calendar day [prior to] before the filing deadline of [the report.] those other preliminary reports."

SECTION 5. Section 11-339, Hawaii Revised Statutes, is amended to read as follows:

"§11-339 Candidate committees or noncandidate committees receiving and expending $1,000 or less in an election period. (a) Any provision of law to the contrary notwithstanding, a candidate committee or noncandidate committee whose aggregate contributions and aggregate expenditures for the election period total $1,000 or less, shall electronically file only a final election period report, and need not file a preliminary and final primary report, a preliminary and final general report, or a special election report.

(b) By [June 30] the fifth calendar day before the due date of the report due on April 30 of an election year, a candidate committee or noncandidate committee that does not intend to receive contributions, or make expenditures, that aggregate more than $1,000 in an election period shall notify the commission of its intent in the [candidate] committee's organizational report.

[(c) By the fifth calendar day before the due date of the preliminary primary report, a noncandidate committee that does not intend to receive contributions, or make expenditures, that aggregate more than $1,000 in an election period shall notify the commission of its intent in the noncandidate committee's organizational report.]

[(d)] (c) Until the candidate committee's or noncandidate committee's registration is terminated as provided in section 11-326, supplemental reports and other reports required by this part shall be filed."

SECTION 6. Section 11-340, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

"(c) Subsection (b) notwithstanding, if a candidate committee or noncandidate committee does not file the [second] preliminary [primary] report [or the preliminary general report, or if a noncandidate committee does not file the preliminary primary report] due ten days before the primary election or the [second] preliminary [general] report by the due date, the fine, if assessed, shall not exceed $300 per day; provided that, in aggregate:

(1) The fine shall not exceed twenty-five per cent of the total amount of contributions or expenditures, whichever is greater, for the period covered by the report; and

(2) The minimum fine, if assessed, shall be $300.

(d) If the commission determines that a report is substantially defective or deficient, the commission shall notify the candidate committee or noncandidate committee by first class mail that:

(1) The report is substantially defective or deficient; and

(2) A fine may be assessed."

SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Election Campaigns; Candidate Committees; Noncandidate Committees; Reports

Description:

Imposes upon both candidate committees and noncandidate committees consistent content, filing, and deadline requirements for organizational reports and preliminary reports.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.