THE SENATE

S.B. NO.

2042

THIRTY-FIRST LEGISLATURE, 2022

 

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.  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 any 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, and that:

     (1)  Refers to a clearly identifiable candidate;

     (2)  Is made, or scheduled to be made, either within thirty days before a primary or initial special election or within sixty days before 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 periodicals or newspapers, 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 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:

_____________________________

 

By Request

 

 

Report Title:

Campaign Spending Commission Package; Electioneering Communication; Statement of Information; Disclosure Date

 

Description:

Increases the threshold amount of aggregated expenditures for electioneering communications in a calendar year from more than $1,000 to more than $2,000 before statements of information would be required.  Amends the definition of "disclosure date" to the date the electioneering communication is publicly distributed and the date of any subsequent public distributions of electioneering communications during the calendar year.  Repeals "actual expenditures" from the list of items that are not electioneering communication.

 

 

 

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