HOUSE OF REPRESENTATIVES

H.B. NO.

1888

THIRTY-FIRST LEGISLATURE, 2022

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ELECTIONEERING COMMUNICATIONS.

 

 

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

 

     SECTION 1.  The legislature finds that Act 3, Special Session Laws of Hawaii 2021, received criticism for seemingly limiting the expenditure reporting requirement by parties for electioneering communications.  Electioneering communications reporting is required for noncandidate committees whose expenditures are not the result of direct contributions to any candidate and represents an unchecked resource that can be used to unduly influence the results of candidate and issue elections.  Because of the unchecked and unknown sources of these funds, additional scrutiny for their expenditures is warranted.  Nothing in this Act is meant to lower the requirement for all expenditure reports to meet current pre-election and post-election requirements by all parties participating in campaign spending activity.

     The purpose of this Act is to:

     (1)  Increase the threshold amount of aggregated expenditures for electioneering communications in a calendar year from more than $1,000 to more than $2,000 before the filing of a statement of information would be required;

     (2)  Require that disclosures of electioneering communications occur on the date the electioneering communications are publicly distributed;

     (3)  Specify the disclosure date for subsequent public distribution of electioneering communications;

     (4)  Exempt election advertisements published by electronic means from being considered electioneering communications; and

     (5)  Repeal the actual expenditures exception from the definition of "electioneering communications".

     SECTION 2.  Section 11-341, Hawaii Revised Statutes, is amended to read as follows:

     "§11-341  Electioneering communications; statement of information.  (a)  Each person who makes an expenditure for electioneering communications in an aggregate amount of more than [$1,000] $2,000 during any calendar year shall file with the commission a statement of information within twenty-four hours of each disclosure date provided in this section.

     (b)  Each statement of information shall contain the following:

     (1)  The name of the person making the expenditure, name of any person or entity sharing or exercising discretion or control over the person, and the custodian of the books and accounts of the person making the expenditure;

     (2)  The names and titles of the executives or board of directors who authorized the expenditure, if the expenditure was made by a noncandidate committee, business entity, or an organization;

     (3)  The state of incorporation or formation and principal address of the noncandidate committee, business entity, or organization or for an individual, the name, address, occupation, and employer of the individual making the expenditure;

     (4)  The amount of each expenditure during the period covered by the statement and the identification of the person to whom the expenditure was made;

     (5)  The elections to which the electioneering communications pertain and the names of any clearly identifiable candidates and whether those candidates are supported or opposed;

     (6)  If the expenditures were made by a noncandidate committee, the names and addresses of all persons who contributed to the noncandidate committee for the purpose of publishing or broadcasting the electioneering communications;

     (7)  If the expenditures were made by an organization other than a noncandidate committee, the names and addresses of all persons who contributed to the organization for the purpose of publishing or broadcasting the electioneering communications;

     (8)  Whether any electioneering communication is made in coordination, cooperation, or concert with or at the request or suggestion of any candidate, candidate committee, or noncandidate committee, or agent of any candidate if any, and if so, the identification of the candidate, candidate committee, or noncandidate committee, or agent involved; and

     (9)  The three top contributors as required under section 11-393, if applicable.

     (c)  An electioneering communication statement of information filed pursuant to this section shall be in addition to the filing of any other report required under this part.

     (d)  For purposes of this section:

     "Disclosure date" means, for every calendar year, the first date [by which a person has made expenditures during that same year of more than $1,000 in the aggregate for electioneering communications.] during the calendar year on which an electioneering communication is publicly distributed, and the date on which any subsequent electioneering communication is publicly distributed; provided that the person making the electioneering communication has made expenditures for electioneering communications of more than $2,000 in the aggregate.

     "Electioneering communication" means any advertisement that is broadcast from a cable, satellite, television, or radio broadcast station; published in any periodical or newspaper or by electronic means; or sent by mail at a bulk rate, and that:

     (1)  Refers to a clearly identifiable candidate;

     (2)  Is made, or scheduled to be made, either within thirty days prior to a primary or initial special election or within sixty days prior to a general or special election; and

     (3)  Is not susceptible to any reasonable interpretation other than as an appeal to vote for or against a specific candidate.

     "Electioneering communication" shall not include communications:

     (1)  In a news story or editorial disseminated by any broadcast station or [publisher of] published in periodicals or newspapers[,] or by electronic means, unless the facilities are owned or controlled by a candidate, candidate committee, or noncandidate committee;

    [(2)  That constitute actual expenditures by the expending organization;

     (3)] (2)  In house bulletins; or

    [(4)] (3)  That constitute a candidate debate or forum, or solely promote a debate or forum and are made by or on behalf of the person sponsoring the debate or forum.

     "Person" shall not include a candidate or noncandidate committee.

     (e)  For purposes of this section, a person shall be treated as having made an expenditure if the person has executed a contract to make the expenditure."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2112, and shall apply to all elections beginning with the 2022 primary election.

 

 

Report Title:

Campaign Spending Commission; Electioneering Communication; Statement of Information; Disclosure Date; Actual Expenditures

 

Description:

Increases the threshold amount that requires disclosure of electioneering communications.  Requires that disclosures of electioneering communications occur on the date the electioneering communications are publicly distributed.  Specifies the disclosure date for subsequent public distribution of electioneering communications.  Exempts election advertisements published by electronic means from being considered electioneering communications.  Repeals the actual expenditures exception from the definition of "electioneering communication".  Applies to all elections beginning with the 2022 primary election.  Effective 7/1/2112.  (HD1)

 

 

 

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