HB771

SECTION 1. The legislature finds that large political action committees or Super PACs, known as independent expenditure committees in Hawaii, are noncandidate committees that may raise unlimited sums of money from corporations, unions, associations, and individuals, then spend unlimited sums to overtly advocate for or against political candidates. The only conditions placed on Super PACs are a prohibition against donating money directly to political candidates and a requirement that their spending must not be coordinated with that of the candidates they benefit. The influence of Super PAC spending in the State's electoral process remains a significant and pressing concern. The legislature further finds that to ensure that Hawaii voters are able to meaningfully participate in elections, the information and resources available to candidates and voters should be fair, transparent, and easily accessible.

The purpose of this Act is to reduce the influence of noncandidate committee spending in politics, prevent the spread of misinformation, and increase election transparency by:

(1) Assessing a fee based on the total expenditures or disbursements made by noncandidate committees within a calendar year;

(2) Establishing a process for verification and review of proposed electioneering communications; and

(3) Establishing a minimum font size for certain information that must be included on campaign advertisements.

SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended by adding two new sections to part XIII to be appropriately designated and to read as follows:

"§11- Noncandidate committee; expenditures or disbursements fee. (a) Each noncandidate committee that makes expenditures or disbursements in any calendar year shall be assessed the following fee based on the total expenditures or disbursements made in a calendar year:

(1) per cent if the total expenditures or disbursements are under $ ;

(2) per cent if the total expenditures or disbursements are at least $ but less than $ ;

(3) per cent if the total expenditures or disbursements are at least $ but less than $ ;

(4) per cent if the total expenditures or disbursements are at least $ but less than $ ;

(5) per cent if the total expenditures or disbursements are at least $ but less than $ ; and

(6) per cent if the total expenditures or disbursements are more than $ .

(b) The fee shall be deposited into the Hawaii election campaign fund under section 11-421.

§11- Noncandidate committees; electioneering communications; public review. (a) Each noncandidate committee that makes an expenditure or a disbursement for electioneering communications in any calendar year shall submit the proposed electioneering communications to the office of elections days before the proposed disclosure date.

(b) The office of elections shall arrange for the electioneering communications content to be verified for accuracy by a neutral third-party organization within days of submission.

(c) If errors in the electioneering communications are detected by a neutral third-party organization pursuant to subsection (b), the noncandidate committee may cure the errors in the electioneering communications and submit the amended electioneering communications to the office of elections within days after notification of the errors by the neutral third-party organization.

(d) The office of elections may provide a public platform for proposed electioneering communications to be reviewed and verified for accuracy.

(e) As used in this section "disclosure date" has the same meaning as in section 11-341."

SECTION 3. Section 11-391, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any advertisement that is broadcast, televised, circulated, published, distributed, or otherwise communicated, including by electronic means, shall:

(1) Contain the name and address of the candidate, candidate committee, noncandidate committee, or other person paying for the advertisement[;], in a font size no smaller than one-half inch if applicable;

(2) Contain a notice in a prominent location stating either that:

(A) The advertisement has the approval and authority of the candidate; provided that an advertisement paid for by a candidate, candidate committee, or ballot issue committee does not need to include the notice; or

(B) The advertisement has not been approved by the candidate; and

(3) Not contain false information about the time, date, place, or means of voting."

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

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	771
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII