STAND. COM. REP. NO. 623-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 1888

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1888, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ELECTIONEERING COMMUNICATIONS,"

begs leave to report as follows:

The purpose of this measure 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 communications in news stories and editorials published by electronic means from being considered electioneering communications; and

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

Your Committee received testimony in support of this measure from the Campaign Spending Commission and Common Cause Hawaii.

Your Committee finds that electioneering communications are meant to expose noncandidate influences on elections, which have been shown to radically influence the outcomes of elections in the State. Amending the disclosure date of electioneering communications to occur on the date the electioneering communications are publicly distributed is timelier and provides more transparency, as contracts for these advertisements may occur weeks or months before the electioneering communications are publicly distributed.

Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1888, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 1888, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

MARK M. NAKASHIMA, Chair