HomeMy WebLinkAboutCOM 0839.001 2006-2008
BOB .JE1lCOB.SO1v333 Kilauea Avenue, Second Floor
COUnCllmembCl' lien Franklin Building, Hilo, Hawaii 96720
Mailing Address: 25 Chair, Environmental Management Committee Aupuni Street, Suite 20(1
~•b:•~:~. Phone: (808) 961-8263
Vice-Chair, Finance Committee Fax: (808) 961-8912
E-Mail: jjaco@co.hawaii.hi.us
HAWAII COUNTY COUNCIL
County of Hawai `i
MEMORANDUM
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Date: December 24, 2007 C c) n Z7
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To: Pete Hoffmann, Chair
and Members of the Hawaii County Council
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From: Bob Jacobson, Council Member
District 6
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Re: Resolution 439-07 (Comm. 839) Urging our state legislators to pass HB661 HD1
with amendments that establish comprehensive public funding for elections to
Hawaii County Council.
Attached for your review is a copy of HB661 HD1 as requested in the Public Works and
Intergovernmental Relations Committee meeting on December 18, 2001. I have distributed
copies to all Council members for their review as this matter has been postponed for a future
meeting.
BJ/bl
Att.
Comm. No. 0 A .
Ref. To: W 112 C~
Ref. Dofe "Q 2 4 2007
District 6 - Upper Puna, Ka fl, and South Kona
Hawaii County Is An Equal Opportunity Provider And Employer
S. B. NO.
Report Title:
Elections; Campaign Spending; Public Funding
Description:
Creates a comprehensive public funding program for county
council elections. Establishes qualifications, limitations on
funding and use of funds, and reporting requirements. Makes
conforming amendments to chapter 11, Hawaii Revised Statutes,
relating to elections.
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IIIIBI111E
THE SENATE
TWENTY-FOURTH LEGISLATURE, 2008 S . B . NO.
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO CAMPAIGN SPENDING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAH:
1 SECTION 1. The legislature finds that there is a pervasive
2 and expanding influence of private contributions and
3 expenditures on public elections in the State that negatively
4 influences the democratic process, negatively impacts the rights
5 of the citizens of Hawaii to vote for the candidate of their
6 choice, and affects citizen's right to enjoy equal and
7 meaningful participation in the democratic process, rights that
S are guaranteed by the First and Fourteenth Amendments of the
9 United States Constitution, as well as section 1, 2, 4, and 8 of
10 article I of the Constitution of the State of Hawaii.
11 The legislature additionally finds that often times
12 candidates for statewide office who lack access to personal
13 wealth or wealthy donors are precluded from running a
14 competitive campaign because their voices are drowned out by
15 those who can afford to saturate their constituents with
16 television, radio, and other expensive types of mass media, all
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1 indispensable instruments of effective political speech in this
2 day and age.
3 In recent years, private contributions to statewide
4 campaigns and independent expenditures made to influence
5 statewide campaigns have increased greatly. This dramatic
6 influx of private money, coupled with recent high-profile law
7 enforcement investigations and prosecutions of campaign finance
8 abuses have undermined the public's confidence in the political
9 process and fueled the public perception of corruption in Hawaii
10 state politics.
11 The dominance of private funding in state elections also
12 burdens candidates and elected officials with the incessant
13 rigors of fundraising and decreases the time available to carry
14 out their public responsibilities. Further, private funding
15 creates a danger of actual corruption by compelling elected
16 officials to accept money from private interests that are
17 directly affected by governmental actions.
18 The State's existing system of partial public funding for
19 campaigns has not created a viable alternative to private
20 sources of funding. Only nine per cent of candidates statewide
21 participated in the partial public funding system in the 2004
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1 election, in part, because the available partial public funding
2 is insufficient to run a competitive campaign.
3 The State has compelling interests in preserving the
4 integrity of its democratic system, promoting an open and robust
5 debate on public issues, and protecting the constitutional
6 rights of its citizens. To serve these compelling interests,
7 the legislature finds that it is essential to provide
8 comprehensive public funding to candidates who agree to abide by
9 campaign contribution and expenditure limits and meet other
10 criteria.
11 The purpose of this Act is to create a comprehensive public
12 funding system for county races that will offer a viable and
13 competitive alternative to private funding sources, thereby
14 substantially refucing or eliminating the deleterious effects of
15 private financing.
16 SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended
17 by adding a new subpart to part XII, to be appropriately
18 designated and to read as follows:
19 Comprehensive Public Funding for County Elections
20 511-A Definitions. As used in this subpart, unless the
21 context clearly requires otherwise:
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1 "Candidate" means an individual who seeks nomination for
2 election or seeks election to a county council, as defined in
3 this section, and who meets the criteria of section 11-C.
4 "Candidate's committee" means a committee, as defined in
5 section 11-191, that makes an expenditure or accepts a
6 contribution on behalf of a candidate for nomination for
7 election, or reelection, to a county council, with the
8 candidate's authorization.
9 "Certification for comprehensive public funding" means the
10 decision by the commission that a candidate is certified to
11 receive public funding in accordance with this subpart.
12 "Certified candidate" or "comprehensive publicly funded
13 candidate" means a participating candidate who is certified by
14 the commission as eligible for comprehensive public funding
15 under this subpart and who agrees to abide by the requirements
16 of this subpart.
17 "Commission" shall have the same meaning as in section
18 11-191.
19 "Committee" shall have the same meaning as in section
20 i1-191.
21 "Contested election" means, in a primary election, the
22 certified candidate is opposed by one or more candidates for the
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1 nomination; and, in a general election, the certified candidate
2 is opposed by one or more candidates for election to the office.
3 "Contribution" shall have the same meaning as in section
4 11-191.
5 "County" means the county in the State with the largest
6 land mass.
7 "County council" means the county council of the county in
8 the State with the largest land mass.
9 "Declaration of intent to seek comprehensive public
10 funding" means the form completed by a participating candidate
11 and the filing of which triggers the participating candidate's
12 ability to begin collecting qualifying contributions.
13 "District" means a county district, as established in
14 accordance with section 46-1.5.
15 "Election period" shall have the same meaning as in section
16 11-191.
17 "Equalizing funds" means additional public funds released
18 by the commission to a comprehensive publicly funded candidate
19 to allow the publicly funded candidate to stay financially
20 competitive with a nonparticipating candidate in a contested
21 election.
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1 "Excess expenditure" means the amount of comprehensive
2 public funds spent or obligated to be spent by a comprehensive
3 publicly funded candidate in excess of one hundred per cent of
4 the allocated funds for a primary election, general election, or
5 both.
6 "Expenditure" shall have the same meaning as in section
7 11-191.
8 "General election campaign period" means the period
9 beginning the day after the primary election and ending two
10 weeks after a general election.
11 "General election year" means the period commencing
12 January 1 of an even-numbered year in which a general election
13 is held and ending two weeks after the general election.
14 "Hawaii election campaign fund" shall have the same meaning
15 as in section 11-217.
16 "Independent expenditure" means an expenditure by a
17 noncandidate committee, party, or any other person for a
18 communication that expressly advocates the nomination, election,
19 or defeat of a clearly identified certified candidate or
20 nonparticipating candidate and that is not made in concert or
21 cooperation with or as part of any coordinated activity or at
22 the request or suggestion of the certified candidate or
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1 nonparticipating candidate, a candidate's committee, or their
2 agents. For the purposes of this section, "clearly identified"
3 means that the name, likeness, photograph, or drawing of the
4 certified candidate or nonparticipating candidate is used, or
5 the identity of the certified candidate or nonparticipating
6 candidate is apparent by unambiguous reference.
7 "Individual" shall have the same meaning as in section
8 11-191.
9 "Loan" shall have the same meaning as in section 11-191.
10 "Noncandidate committee" shall have the same meaning as in
11 section 11-191.
12 "Nonmonetary contribution" means a contribution other than
13 of money that may include goods or services.
14 "Nonparticipating candidate" means a candidate who does not
15 qualify for or receive public funding during an election period
16 and is involved in a contested election with a certified
17 participating candidate.
18 "Participating candidate" means a candidate who is seeking
19 certification for comprehensive public funding under this
20 subpart.
21 "Party" shall have the same meaning as in section 11-191.
22 "Person" shall have the same meaning as in section 11-191.
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1 "Primary election campaign period" means the period in a
2 primary election year beginning with the certification for
3 comprehensive public funding under this subpart and ending two
4 weeks after the primary election.
5 "Public funding" or "public funds" means campaign funds
6 from the Hawaii election campaign fund received by an eligible
7 candidate pursuant to subpart B or this subpart.
8 "Qualifying contribution" means a $5 monetary contribution
9 made to a participating candidate for purposes of meeting the
10 criteria of section 11-F.
11 "Qualifying period" means the period in a general election
12 year, beginning January 1 and ending on the deadline for filing
13 candidate nomination papers to run in the primary election of a
14 general election year during which a candidate may collect
15 qualifying campaign contributions to qualify for comprehensive
16 public funding under this subpart; provided the commission has
17 determined that the Hawaii election campaign fund has sufficient
18 funds to make payments to comprehensive publicly funded
19 candidates during the election period.
20 "Seed money" means contributions made to a participating
21 candidate by a person in accordance with section 11-D that shall
22 be expended for the purpose of determining campaign viability.
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1 "Surplus campaign funds" means any campaign contributions
2 not spent during a prior election period by a participating
3 candidate who previously sought election as a privately funded
4 candidate.
5 511-B Sufficiency of funding. On September 1 of each odd-
6 numbered year before a general election year, the commission
7 shall determine whether there is a minimum of $3,500,000 in the
8 Hawaii election campaign fund to certify participating
9 candidates during the next county council election and provide
10 funding for comprehensive public funding for county council
11 elections under this subpart.
12 If the commission determines that there is sufficient
13 funding, then within five business days, the commission shall
14 publish notice statewide, pursuant to section 1-28.5, that the
15 comprehensive public funding program for the county council
16 elections shall become effective on January 1 of the following
17 year. If there is insufficient funding, then this subpart shall
18 be deemed inoperative for the election year and candidates may
19 seek public funding as provided under subpart B.
20 511-C Qualifications for comprehensive public funding.
21 (a) A candidate for the county council may seek comprehensive
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1 public funding for the primary election campaign period if the
2 candidate:
3 (1) Resides in the district for which election is sought
4 as of the date of filing of nomination papers for the
5 primary election in the general election year in which
6 the candidate seeks to be nominated or elected;
7 (2) Is a registered voter in the district from which the
8 election is sought;
9 (3) Files a declaration of intent to seek comprehensive
10 public funding with the commission between January 1
11 of the election year and thirty days before the
12 closing date to file nomination papers;
13 (4) Collects a $5 district qualifying contribution in
14 accordance with section I1-F;
15 (5) Accepts only the following contributions prior to
16 applying for certification as a comprehensively
17 publicly funded candidate:
18 (A) Seed money contributions until the candidate
19 files a declaration of intent to seek
20 comprehensive public funding; and
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1 (B) Qualifying contributions that may be accepted
2 only after filing the declaration of intent to
3 seek comprehensive public funding; and
4 (6) Files an application for certification for
5 comprehensive public funding with the commission along
6 with a declaration that the candidate has complied and
7 will comply with all the applicable requirements of
8 this subpart.
9 (b) A candidate is qualified to seek comprehensive public
10 funding for the general election campaign period if the
11 candidate:
12 (1) was certified as a comprehensive publicly funded
13 candidate during the primary election campaign period
14 immediately preceding the general election in which
15 the funds under this subpart are provided; and
16 (2) Received a sufficient number of votes to appear on the
17 ballot in the general election or is otherwise
18 certified by the office of elections to be placed on
19 the ballot in the general election.
20 511-D Seed money contributions; limitations on use;
21 penalties. (a) The use of seed money shall be limited to
22 expenditures necessary to determine whether sufficient support
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1 exists for a participating candidate to run for a county office
2 as a comprehensive publicly funded candidate.
3 (b) The amount of seed money retained or expended, or
4 both, by a candidate seeking eligibility for comprehensive
5 public funding for county office shall not exceed $3,000.
6 (c) A participating candidate shall not accept
7 contributions of seed money from any person whose contributions
8 are prohibited under subpart B. All contributors whose seed
9 money has been accepted shall be issued a receipt by the
10 participating candidate.
11 (d) A participating candidate may use personal funds or
12 surplus campaign funds for seed money purposes, all of which
13 shall be subject to the $3,000 limit, as applicable, in
14 subsection (b).
15 (e) Seed money shall only be spent prior to and during the
16 qualifying period and shall not be collected after the candidate
17 has filed the declaration to run. The candidate may spend seed
18 money only until the candidate is certified by the commission as
19 a comprehensive publicly funded candidate.
20 (f) Any unspent seed money shall be deducted from the
21 initial primary election distribution of a participating
22 comprehensive publicly funded candidate if the candidate becomes
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1 a certified comprehensive publicly funded candidate and does not
2 donate excess seed money to the Hawaii election campaign fund.
3 911-E Restriction on use of surplus campaign funds. A
4 comprehensive publicly funded candidate who has surplus campaign
5 funds from a previous election is prohibited from using those
6 funds for anything other than in-office constituent
7 communications. The surplus campaign funds shall be frozen and
8 maintained in a separate depository account from the account
9 established for the comprehensive public funds under section
10 11-0. The comprehensive publicly funded candidate shall
11 continue to file reports on the surplus campaign funds in
12 accordance with subpart B or as otherwise required by the
13 commission.
14 511-F Qualifying campaign contributions. (a) Each
15 qualifying campaign contribution shall meet the requirements of
16 this section. To be counted as a qualifying campaign
17 contribution, a contributor to a candidate shall be a registered
18 voter who resides within the district for which the candidate
19 seeks election at the time the contribution is given. A
20 contribution shall be made in an amount and in a form that may
21 be prescribed by the commission.
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1 (b) No qualifying contribution shall be collected prior to
2 a candidate filing a declaration of intent to seek comprehensive
3 public funding with the commission.
4 (c) Any receipt for a qualifying campaign contribution
5 shall be made in a form that may be prescribed by the
6 commission.
7 (d) All qualifying campaign contributions collected by
8 candidates, whether or not the candidate is certified, shall be
9 deposited into the Hawaii election campaign fund.
10 811-0 Certification of qualification for comprehensive
11 public funds. (a) Candidates seeking certification as a
12 comprehensive publicly funded candidate shall submit to the
13 commission an application for certification that contains two
14 hundred signatures from registered voters in the district for
15 which the candidate seeks office no later than thirty days prior
16 to the primary election, signed by the participating candidate
17 and the participating candidate's campaign treasurer under
18 penalty of perjury.
19 (b) The application shall also include any information
20 deemed necessary and appropriate by the commission.
21 (c) The commission shall issue a decision to certify or
22 deny certification of a candidate as a comprehensive publicly
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1 funded candidate within ten business days following receipt of
2 the candidate's completed application for certification for
3 comprehensive public funds.
4 (d) After a participating candidate is certified as a
5 comprehensive publicly funded candidate, the candidate's
6 certification shall apply to both the primary and the general
7 election, even if the candidate is unopposed in the primary
8 election.
9 511-H Comprehensive publicly funded candidates;
10 contributions and expenditures; penalties. (a) Except as
11 authorized under section 11-K, a certified candidate shall
12 comply with the following restrictions on contributions and
13 expenditures:
14 (1) upon certification for comprehensive public funding
15 and until the end of the general election period, a
16 comprehensive publicly funded candidate shall not
17 accept for use in the campaign:
18 (A) Contributions from any source; provided that the
19 candidate may accept in-kind contributions
20 aggregating less than $200 in any single month
21 from any single source;
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1 (B) Loans from any person, including a certified
2 candidate;
3 (C) Contributions from political parties; and
4 (D) Any campaign material purchased or held from a
5 date prior to the declaration of intent to run
6 for office as a comprehensive publicly funded
7 candidate; and
8 (2) upon certification for comprehensive public funding
9 and until the end of the general election period, a
10 comprehensive publicly funded candidate shall not
11 expend for campaign purposes:
12 (A) Any money except public funds issued by the
13 commission;
14 (B) Public funds for purposes other than those
15 permitted in this subpart;
16 (C) Public funds outside the applicable campaign
17 period for which the funding is allocated, except
18 for proper campaign debts incurred but not paid;
19 and
20 (D) Public funds in excess of the comprehensive
21 public funds allocated to the candidate,
22 including equalizing funds, or incur an
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1 obligation or obligations to spend public funds
2 excess of this amount.
3 (b) A certified candidate who accepts contributions in
4 violation of this section shall be subject to a fine equal to
5 three times the public funding received, in addition to any
6 other action, fines, or prosecution under section 11-Q.
7 (c) A certified candidate who spends or incurs an
8 obligation to spend more than one hundred per cent of the public
9 funds allocated to the candidate under this subpart shall repay
10 an amount equal to three times the excess expenditures to the
11 Hawaii election campaign fund.
12 911-I Comprehensive publicly funded candidate; reporting.
13 (a) A comprehensive publicly funded candidate and the certified
14 candidate's committee shall furnish complete campaign records,
15 including all records of nonmonetary contributions, seed money
16 contributions, qualifying campaign contributions to the
17 commission, and expenditures to the commissioner. A candidate
18 shall fully cooperate with any audit or examination by the
19 commission.
20 (b) A comprehensive publicly funded candidate shall comply
21 with the reporting requirements of sections 11-194, 11-195,
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1 11-196, 11-212, 11-213, and 11-224 in addition to those required
2 under this subpart or that may be required by the commission.
3 (c) The commission shall require that all certified
4 candidates file the reports required under this subpart in a
5 digital, electronic format specified by rules adopted by the
6 commission under chapter 91.
7 811-J Comprehensive publicly funded candidate; continuing
8 obligation. (a) A certified candidate shall comply with all
9 requirements under this subpart through the general election
10 campaign period regardless of whether the certified candidate
11 maintains eligibility for comprehensive public funding in the
12 general election campaign period.
13 (b) A certified comprehensive publicly funded candidate
14 who wins office will be allowed to fundraise no more than $2,000
15 per year for use as in-office constituent communications, with
16 individual contributions of no greater than $250.
17 (c) Any surplus of funds for a successful certified
18 comprehensive publicly funded candidate up to $4,000 may be
19 carried over to cover in-office constituent communications not
20 to exceed $2,000 annual allotment or $4,000 for a two-year term.
21 (d) if the total surplus from a publicly funded campaign
22 falls under $4,000 the certified comprehensive publicly funded
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1 office holder will be allowed to raise the difference pursuant
2 to subpart (B) while in office.
3 (e) Except for seed money contributions, qualifying
4 contributions, and in-office constituent communications, a
5 certified candidate who is elected to the office sought shall
6 not accept private contributions from any person, political
7 party, or political action committee until either September 1 of
8 the next odd-numbered year following the general election in
9 which the candidate was last elected, or the date when the
10 commission determines there are insufficient funds under section
11 11-B, whichever occurs earlier.
12 (f) If a certified candidate withdraws from seeking the
13 nomination for or from the election, or has unspent public funds
14 after an election, all unencumbered funds received by the
15 candidate under this subpart shall be returned to the Hawaii
16 election campaign fund within ten days after the general
17 election.
18 Sit-K Sufficiency of public funding; amount of base public
19 funding; disbursements. (a) The commission shall not
20 distribute comprehensive public funding to certified candidates
21 that exceeds the total amount of $500,000 for all candidates
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1 subject to this subpart in any given election year in which this
2 subpart is operative.
3 (b) Commencing January 1 of a general election year and
4 ending with the deadline to submit applications for
5 certification, the commission shall post on its website a
6 monthly report stating, by district:
7 (1) The number of declarations of intent to seek
8 comprehensive public funding received;
9 (2) The number of applications for certification received;
10 (3) The number of candidates who have been certified for
11 comprehensive public funding;
12 (4) The base amount of public funding committed to
13 certified candidates; and
14 (5) The amount of public funding available for additional
15 certified candidates.
16 Notwithstanding any other provisions in this subpart, if the
17 commission determines that the revenues are insufficient to meet
18 distributions to certified candidates under this section, the
19 commission shall either permit certified candidates to accept
20 and spend contributions, subject to the campaign contribution
21 limitations set forth in section 11-204, up to the applicable
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1 amounts, including equalizing funds the certified candidate
2 would have received from comprehensive public funding.
3 (c) For primary elections subject to this subpart, the
4 dollar amount of the initial allotment of comprehensive public
5 funding shall be set at an average of the amount spent by the
6 winning candidates in the previous two county council primary
7 elections of the same district, reduced by ten per cent.
8 (d) For general elections subject to this subpart, the
9 dollar amount of the initial allotment of comprehensive public
10 funding shall be set at an average of the amount spent by the
11 winning candidates in the previous two county council general
12 elections for the same district, reduced by ten per cent.
13 (e) The base amount of public funding for an uncontested
14 primary election shall be thirty per cent of the amount provided
15 in a contested election as determined under subsection (a). No
16 funding shall be allocated in an uncontested general election.
17 (f) The commission shall disburse public funds by check or
18 electronic transfer.
19 (g) If the winning primary candidate has residual funds
20 from the primary election, those funds may be carried over to
21 the general election. A certified candidate who is not
22 successful in the primary election shall return all unspent and
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1 unencumbered public funds to the Hawaii campaign election fund
2 within ten days after the primary election.
3 511-L Equalizing funds. (a) The commission shall
4 disburse equalizing funds to a certified candidate in a
5 contested election whenever that candidate is outspent by an
6 opposing nonparticipating candidate. A opposing
7 nonparticipating candidate is deemed to have outspent a
8 certified candidate when the campaign report filed pursuant to
9 subpart B shows that the sum of an opposing nonparticipating
10 candidate and the nonparticipating candidate's committee's
11 expenditures and obligations, or campaign contributions received
12 or borrowed, whichever is greater, added to any independent
13 expenditures made in support of that nonparticipating candidate
14 or against the opposing certified candidate reported by any
15 noncandidate's committee, party, or any other person exceeds one
16 hundred per cent of the amount of comprehensive public funding
17 previously allotted and distributed to the opposing certified
18 candidate in a contested election, including any equalizing
19 funds previously distributed.
20 (b) In a contested election, equalizing funds shall be
21 limited to an amount equal to the base amount of comprehensive
22 public funding allotted to the certified candidate.
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1 (c) The commission shall authorize and monitor all
2 equalizing spending by participating candidates.
3 811-M Reporting; penalties for failure to report. (a)
4 Reporting obligations under this section for nonparticipating
5 candidates and their candidate's committees, noncandidate
6 committees, parties, or any other persons making independent
7 expenditures shall be in addition to the reporting requirements
8 under this chapter whenever a certified candidate is opposed in
9 a contested election by a nonparticipating candidate as follows:
10 (1) Commencing forty-five days before the primary election
11 day, nonparticipating candidates and their candidate's
12 committees shall file an initial excess report with
13 the commission within twenty-four hours after
14 cumulative contributions are received, or expenditures
15 are made or committed to be made, including verbal
16 commitments, in an election period that exceeds one
17 hundred one per cent of the base amount of
18 comprehensive public funding allotted to an opposing
19 certified candidate in a contested election.
20 Nonparticipating candidates and the candidate's
21 committees shall file supplemental excess reports
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1 within twenty-four hours after any encumbrances or
2 expenditures that exceed $1,000 in aggregate; and
3 (2) Commencing forty-five days before the general election
4 day, noncandidate committees, parties, and any other
5 persons that incur independent expenditures that
6 expressly advocate the nomination, election, or defeat
7 of a certified candidate shall file an independent
8 expenditure report with the commission within
9 twenty-four hours when expenditures exceed $1,000 in
10 aggregate in an election period. Thereafter,
11 noncandidate committees, parties, and any other
12 persons that incur independent expenditures, including
13 verbal expenditure commitments, shall file
14 supplemental independent expenditure reports within
15 twenty-four hours whenever the aggregate expenditures
16 exceed $100. The independent expenditure reports
17 shall identify the nonparticipating candidate or
18 certified candidate for whom the independent
19 expenditure is intended to influence the nomination,
20 election, or defeat.
21 (b) If a nonparticipating candidate and the candidate's
22 committee fails to file or files a false excess report or
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1 supplemental excess reports as required in this section, the
2 commission, within twenty-four hours of verifying the failure or
3 falsity, shall automatically disburse equalizing funds to any
4 opposing certified candidate up to the maximum authorized under
5 section 11-L.
6 (c) Any nonparticipating candidate and the candidate's
7 committee, noncandidate committee, party, or any other person
8 that makes independent expenditures in a contested election
9 involving a certified candidate who fails to file a report as
10 required under this subpart or files a false report shall be:
11 (1) Guilty of a misdemeanor;
12 (2) Subject to a fine of up to three times the amount of
13 equalizing funds paid to the certified candidate; and
14 (3) Subject to any other fine or penalty pursuant to
15 sections 11-228 and 11-229.
16 (d) Upon certification of all comprehensive publicly
17 funded candidates, if the commission determines there are
18 insufficient funds to meet the potential need for equalizing
19 funds for all certified candidates, the commission shall permit
20 each certified candidate to accept and spend private
21 contributions, subject to the campaign contribution limitations
22 set forth in section 11-204, up to the equalizing funds the
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1 certified candidate would have received from comprehensive
2 public funding.
3 (e) The commission shall adopt rules under chapter 91 to
4 compute the amount of equalizing funds allotted to a certified
5 candidate that takes into consideration the contributions and
6 expenditures of the nonparticipating candidate and the
7 candidate's committee, and any independent expenditures incurred
8 to influence the nomination, election, or defeat of the
9 certified candidate. To prevent the abuse of equalizing funds,
10 the commission shall not base any calculation on independent
11 expenditures that, although containing words of express
12 advocacy, also contain other words or phrases that have no other
13 reasonable meaning other than to contradict the expressed
14 advocacy.
15 §11-N Comprehensive public funding; permitted uses. (a)
16 Comprehensive public funds shall be used only for the purpose of
17 defraying expenses that are directly related to the certified
18 candidate's campaign during the election campaign period for
19 which the comprehensive public funds are allocated.
20 (b) A candidate receiving funds under this subpart or the
21 candidate's campaign treasurer shall not transfer any portion of
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1 the funds provided under this subpart to any other candidate for
2 another campaign.
3 $11-0 Deposit of, and access to, comprehensive public
4 funds. (a) All public funds received by a certified candidate
5 shall be deposited directly into a depository institution as
6 provided under section 11-199(a) and accessed through use of
7 credit cards, debit cards, and bank checks.
8 (b) All reports required under subpart B and this subpart
9 for financial disclosure shall include the most recent bank
10 statement from the financial depository holding the public
11 funds.
12 811-P Deposit of money into the Hawaii election campaign
13 fund. In addition to the funds collected by the commission and
14 pursuant to section 11-217, the following moneys shall be
15 deposited into the Hawaii election campaign fund:
16 (1) Appropriations from the legislature;
17 (2) Excess seed money contributions;
18 (3) Qualifying contributions, including any excess-
19 qualifying contributions of certified candidates;
20 (4) Unspent public funds distributed to any certified
21 candidate;
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1 (5) Fines levied by the commission for violation of this
2 subpart; and
3 (6) Voluntary donations.
4 Sll-Q Violations; penalties. Any candidate who knowingly
5 seeks or receives public funding to fraudulently qualify for or
6 receive public funding shall:
7 (1) Have the candidate's certification for comprehensive
8 public funding revoked. Upon revocation of
9 certification, the certified candidate shall repay all
10 public funds received within ten business days; and
11 (2) Be subject to fines and penalties as specifically
12 provided in this subpart and any other fines or
13 penalties pursuant to sections 11-228 and 11-229.
14 511-R Rules. The commission shall adopt forms and rules
15 pursuant to chapter 91 as may be necessary to implement this
16 subpart, including reporting requirements of section 11-M and
17 any restrictions on petty cash expenditures by the certified
18 candidate."
19 SECTION 3. Section 11-191, Hawaii Revised Statutes, is
20 amended by amending the definition of "qualifying campaign
21 contribution" to read as follows:
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1 ""Qualifying campaign contribution" means an aggregate
2 monetary contribution of $100 or less, by any person during any
3 matching payment period[-] for purposes of entitlement to
4 payments under the partial public funding program pursuant to
5 section 11-121. Qualifying contributions do not include loans
6 or in-kind contributions."
7 SECTION 4. Section 11-217, Hawaii Revised Statutes, is
8 amended to read as follows:
9 11811-217 Hawaii election campaign fund; creation. (a)
10 The Hawaii election campaign fund is created as a trust fund
11 within the state treasury. The fund shall consist of [ate
12 moneys] :
13 (1) All moneys collected from persons who have designated
14 a portion of their income tax liability to the fund as
15 provided in section 235-102.5[, affy];
16 (2) Any general fund revenues appropriated[, as well as
17 a4-b] ; and
18 (3) All other moneys collected pursuant to this subpart.
19 (b) Payment to each candidate from the fund shall be by
20 the comptroller in the manner prescribed in section 11-222[-] or
21 section 11-K, when appropriate.
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1 (c) Moneys from this fund may also be used for the
2 operating expenses of the commission, including staff salaries
3 and fringe benefits."
4 SECTION 5. Section 11-217.5, Hawaii Revised Statutes, is
5 amended to read as follows:
6 0511-217.5 Depletion of fund. (a) The Hawaii election
7 campaign fund shall be under no obligation to provide moneys to
8 [quallf-le ] eligible candidates the eve-` that]
9 participating in the partial public funding program or
10 comprehensive public funding program pursuant to subpart if
11 moneys in that fund have been depleted.
12 (b) [I the event 'hat] For purposes of the partial
13 funding program, if the Hawaii election campaign fund is close
14 to depletion, as determined by the commission, the commission
15 shall determine the amounts available to [wed] eligible
16 candidates based on their order of eligibility in qualifying for
17 partial public funds, as determined by the date of filing of an
18 application for public funds with the commission pursuant to
19 section 11-222; provided that the application has been accepted
20 by the commission.
21 (c) For purposes of the comprehensive public funding
22 program pursuant to subpart , if the Hawaii election fund is
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1 close to depletion, as determined by the commission, the
2 commission shall determine whether that program shall be deemed
3 inoperable as provided in section 11-B."
4 SECTION 6. Section 11-218, Hawaii Revised Statutes, is
5 amended to read as follows:
6 "$11-218 [ Partial
7 public funding program; maximum allowed. (a) Public funds from
8 the Hawaii election campaign fund are available to fund eligible
9 candidates who qualify for the partial public funding program in
10 amounts set forth in this section.
11 (b) For the office of governor, lieutenant governor, or
12 mayor, the maximum amount of partial public funds available to a
13 candidate in any election shall not exceed ten per cent of the
14 total expenditure limit as determined under section 11-209 for
15 each election for each office listed in this subsection.
16 [44a-)-] (c) For the office of state senator, state
17 representative, county council member, and prosecuting attorney,
18 the maximum amount of partial public funds available to a
19 candidate in any election shall be fifteen per cent of the total
20 expenditure limit as determined under section 11-209 for each
21 election for each office listed in this subsection[-];
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1 provided that no candidate certified for comprehensive public
2 funding under subpart shall be eligible for partial public
3 funding under this subpart in a given election period.
4 [{-e}] (d) For the office of Hawaiian affairs, the maximum
5 amount of partial public funds available to a candidate shall
6 not exceed $1,500 in any election year.
7 [{-d}] (e) For the board of education and all other
8 offices, the maximum amount of partial public funds available to
9 a candidate shall not exceed $100 in any election year.
10 14e4-1 (f) Each candidate who qualified for the maximum
11 amount of partial public funding in any primary election and who
12 is a candidate for a subsequent general election shall apply
13 with the commission to be qualified to receive the maximum
14 amount of public funds as provided in this section for the
15 respective election. For purposes of this section, "qualified"
16 means meeting the qualifying campaign contribution requirements
17 of section 11-219."
18 SECTION 7. Section 11-219, Hawaii Revised Statutes, is
19 amended to read as follows:
20 "§11-219 Qualifying campaign contributions[-P-1 for partial
21 public funding program; amounts. As a condition of receiving
22 public funds for a primary or general election, a candidate
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1 shall not be unopposed in any election for which partial public
2 funds are sought, shall have filed an affidavit with the
3 commission pursuant to section 11-208 to voluntarily limit the
4 candidate's campaign expenditures, and shall be in receipt of
5 the following sum of qualifying campaign contributions from
6 individual residents of Hawaii:
7 (1) For the office of governor--qualifying campaign
8 contributions that in the aggregate, exceed $100,000;
9 (2) For the office of lieutenant governor--qualifying
10 campaign contributions that in the aggregate, exceed
11 $50,000;
12 (3) For the office of mayor for each respective county:
13 (A) County of Honolulu--qualifying campaign
14 contributions that in the aggregate, exceed
15 $50,000;
16 (B) County of Hawaii--qualifying campaign
17 contributions that in the aggregate, exceed
18 $15,000;
19 (C) County of Maui--qualifying campaign contributions
20 that in the aggregate, exceed $10,000; and
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1 (D) County of Kauai--qualifying campaign
2 contributions that in the aggregate, exceed
3 $5,000; and
4 (4) For the office of prosecuting attorney for each
5 respective county:
6 (A) County of Honolulu--qualifying campaign
7 contributions that in the aggregate, exceed
8 $30,000;
9 (B) County of Hawaii--qualifying campaign
10 contributions that in the aggregate, exceed
11 $10,000; and
12 (C) County of Kauai--qualifying campaign
13 contributions that in the aggregate, exceed
14 $5,000;
15 (5) For the office of county council--for each respective
16 county:
17 (A) County of Honolulu--qualifying campaign
18 contributions that in the aggregate, exceed
19 $5,000;
20 (B) County of Hawaii--qualifying campaign
21 contributions that in the aggregate, exceed
22 $1,500;
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1 (C) County of Maui--qualifying campaign contributions
2 that in the aggregate, exceed $5,000; and
3 (D) County of Kauai--qualifying campaign
4 contributions that in the aggregate, exceed
5 $3,000;
6 (6) For the office of state senator--qualifying campaign
7 contributions that, in the aggregate, exceed $2,500;
8 (7) For the office of state representative--qualifying
9 campaign contributions that, in the aggregate, exceed
10 $1,500;
11 (8) For the office of Hawaiian affairs--qualifying
12 campaign contributions that, in the aggregate, exceed
13 $1,500; and
14 (9) For all other offices, qualifying campaign
15 contributions that, in the aggregate, exceed $500[-];
16 provided that no candidate certified for comprehensive public
17 funding under subpart shall be eligible for partial public
18 funding under this subpart in a given election period.,,
19 SECTION 8. Section 11-220, Hawaii Revised Statutes, is
20 amended to read as follows:
21 "811-220 Bligibility for payments[.-] under the partial
22 public funding program. (a) To be eligible to receive
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1 (payments partial public funding from the
2 Hawaii election campaign fund under section 11-221, a candidate,
3 in writing, shall °-_`_ingj:
4 (1) Agree to obtain and furnish to the commission any
5 evidence of the campaign expenses of [suahl the
6 candidate bmhlekl that the commission may request;
7 (2) Agree to keep and furnish records, books, and other
8 information [,whiekl that the commission may request;
9 and
10 (3) Agree to an audit and examination by the commission
11 under section 11-225 and to pay any amounts required
12 to be paid pursuant to that section.
13 (b) To be eligible to receive [payments 14 eet e " partial public funding from the Hawaii election
15 campaign fund under section 11-221, a candidate shall certify to
16 the commission that:
17 (1) The candidate and all committees authorized by the
18 candidate shall not incur campaign expenses in excess
19 of the expenditure limitations imposed by section
20 11-209;
21 (2) The candidate has qualified to be on the election
22 ballot in a primary or general election;
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1 (3) The candidate has filed a statement of intent to seek
2 qualifying campaign contributions. A contribution
3 received before the filing of a statement of intent to
4 seek public funds shall not be considered a qualifying
5 campaign contribution;
6 (4) The candidate or committee authorized by the candidate
7 has received the qualifying sum of private
8 contributions for the office sought by the candidate
9 as set forth in section 11-219; and
10 (5) The aggregate of contributions certified with respect
11 to any person under paragraph (4) does not exceed
12 $100.
13 (c) Each candidate and candidate's committee in receipt of
14 qualifying campaign contributions [whieh] that may be taken into
15 account for purposes of partial public funding shall maintain,
16 on a form prescribed by the commission, records [whieh] that
17 show the date and amount of each qualifying campaign
18 contribution and the full name and mailing address of the person
19 making the contribution. The candidate and all committees
20 authorized by the candidate shall transmit to the commission all
21 reports with respect to these contributions that the commission
22 may require.
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1 (d) No candidate certified for comprehensive public
2 funding under subpart shall be eligible for partial public
3 funding under this subpart in a given election period."
4 SECTION 9. Section 11-221, Hawaii Revised Statutes, is
5 amended to read as follows:
6 "511-221 Entitlement to payments[...]; partial payment
7 funding. (a) A candidate shall obtain the minimum amount of
8 qualifying campaign contributions set forth in section 11-219,
9 once for the election period. After the candidate obtains the
10 minimum amount of qualifying campaign contributions, the
11 candidate shall be entitled to receive for each election that
12 the candidate's name appears on the ballot:
13 (1) The minimum payment in an amount equal to the
14 qualifying campaign contributions; and
15 (2) Payments of $1 for each $1 of qualifying contributions
16 in excess of the minimum amount of qualifying
17 contributions;
18 provided that the candidate shall not receive more than the
19 maximum amount of public funds available to a candidate pursuant
20 to section 11-218; provided further that the candidate shall not
21 receive partial public funds for a primary election if the
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1 candidate does not obtain the minimum amount of qualifying
2 contributions before the date of the primary election.
3 (b) A candidate shall have at least one other qualified
4 candidate as an opponent for the primary or general election to
5 receive partial public funds for that election."
6 SECTION 10. Section 11-222, Hawaii Revised Statutes, is
7 amended by amending its title and subsections (a), (b), and (c)
8 to read as follows:
9 ¦811-222 Candidate funding; application[...]; for partial
10 public funds. (a) Application forms for partial public funds
11 shall be adopted by the commission and shall provide for a sworn
12 statement by the candidate that the candidate has established
13 eligibility under section 11-220 to receive payments under
14 section 11-217. Each application shall be accompanied by a
15 qualifying campaign contribution statement or statements, and
16 shall be filed with the commission no later than thirty days
17 after the general election. Upon approval by the commission of
18 the application and qualifying contribution statement, the
19 commission shall direct the comptroller to distribute ( g)
20 partial public funds up to the maximum of the amount of partial
21 public funds to which the candidate is entitled.
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1 [Pabliel Partial funds shall be distributed by the
2 comptroller to each eligible candidate within twenty days from
3 the date of the candidate's initial application with the
4 commission.
5 (b) Each candidate in receipt of the qualifying sum of
6 campaign contributions established for the candidate's office
7 may apply to the commission for partial public funding after the
8 candidate has become a candidate in a primary or general
9 election.
10 (c) The commission shall make additional certifications
11 within two weeks after receiving an application and supplemental
12 contribution statement from an eligible candidate who requests
13 additional partial public funding pursuant to section 11-221."
14 SECTION 11. Section 11-223, Hawaii Revised Statutes, is
15 amended to read as follows:
16 0511-223 Candidate funding; restrictions. (a) Each
17 candidate who accepts partial public campaign funds under this
18 subpart shall be required to abide by the campaign spending
19 limits for the candidate's respective office as set forth in
20 section 11-209. Any candidate who exceeds the spending limits
21 for the candidate's respective office as set forth in section
22 11-209 shall immediately return all of the partial public
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1 campaign funds the candidate has received to the Hawaii election
2 campaign fund.
3 (b) [Publlel Partial public campaign funds provided under
4 this subpart shall only be used to:
5 (1) Defray campaign expenses incurred by and paid for an
6 eligible candidate or all committees authorized by
7 [33 the candidate; and
8 (2) Repay loans, the proceeds of which were used to defray
9 campaign expenses.
10 (c) No candidate or committee authorized by a candidate
11 shall be entitled to receive any partial public funds under this
12 subpart unless the candidate has qualified to have the
13 candidate's name on the election ballot in the election for
14 which funds are sought.
15 (d) In no event shall any candidate or campaign treasurer
16 in receipt of partial public campaign funds transfer any portion
17 of [suehl those funds to another candidate for any primary,
18 special primary, special, or general election campaign.
19 (e) All partial public funds received under this subpart
20 shall be deposited in a financial institution designated to do
21 business in the State. No expenditures of any partial public
22 funds received under this subpart shall be made except by checks
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1 drawn on [sueI a checking account. The commission may require
2 [sue] reports relating to the expenditure of [saeI partial
3 public funds as it considers appropriate.
4 (f) Each candidate, on the deadline for filing of a final
5 report for any primary or general election, shall return all
6 unexpended partial public funds to the Hawaii election campaign
7 fund."
8 SECTION 12. Section 11-224, Hawaii Revised Statutes, is
9 amended to read as follows:
10 "$11-224 Public funds; report required; return of funds.
11 The campaign treasurer of [toe] any candidate who receives
12 partial public funds either through the partial public funding
13 program or comprehensive public funding under subpart , shall
14 produce evidence to the commission no later than twenty days
15 after a primary election and no later than thirty days after a
16 general election that all public funds paid to the candidate
17 have been used as required by this subpart.
18 Should the commission determine that any part of the
19 partial public funds have been used for noncampaign or improper
20 expenses, it shall report [sue ] its finding to the attorney
21 general and shall order the candidate to return all or part of
22 the funds paid to that candidate for a primary or general
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1 election. When partial public funds are returned, [the}] the
2 funds shall be deposited in the Hawaii election campaign fund."
3 SECTION 13. Section 11-225, Hawaii Revised Statutes, is
4 amended as follows:
5 1. By amending the title and subsection (a) to read:
6 "811-225 Public funds; examination and audit; payments[.-]_
7 penalties. (a) Within sixty days after each general election,
8 the commission shall conduct an examination and audit of all
9 public funds received by [fie] any candidate [fie€] who
10 received public funds under either the partial public funding
11 program or comprehensive public funding program pursuant to
12 subpart , including the campaign contributions used for
13 purposes of qualifying for public funding under this subpart and
14 subpart , and the campaign expenses incurred by all candidates
15 who received [p!aymextal public funding pursuant to [""gin
16 9:1 2!7.] this subpart or subpart "
17 2. By amending subsections (c), (d), (e), and (f) to read:
18 "(c) Should the commission determine that any payment of
19 partial public funds made to an eligible candidate pursuant to
20 section 11-221 was in excess of the aggregate amount of payments
21 to which [seeI the candidate was entitled, the commission shall
22 notify [sue 131 the candidate and such candidate shall pay to the
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1 Hawaii election campaign fund a sum equal to the amount of
2 excess payment.
3 (d) If the commission determines that any amount of any
4 partial public funds made to a candidate under section 11-217
5 was used for any improper purpose, the commission shall so
6 notify the candidate, and the candidate shall pay to the fund an
7 amount equal to three hundred per cent of such amount.
8 (e) Any candidate who has received partial public funds
9 under section 11-217 and who is convicted of violating any
10 provision of this subpart shall, upon notification by the
11 commission, pay to the Hawaii election campaign fund the full
12 amount of public funds received by [se] the candidate.
13 (f) No notification shall be made by the commission under
14 subsection (c) with respect to the payment of excess partial
15 public funds more than two years after the payment of (saek] the
16 funds."
17 SECTION 14. Section 11-228, Hawaii Revised Statutes, is
18 amended as follows:
19 1. By amending subsection (a) to read:
20 "(a) In the performance of its required duties, the
21 commission may render a decision or issue an order affecting any
22 person violating ( ] this subpart, subpart or
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1 section 281-22 that shall provide for the assessment of an
2 administrative fine in the manner prescribed as follows:
3 (1) If a natural person, an amount not to exceed $1,000
4 for each occurrence or an amount equivalent to three
5 times the amount of an unlawful contribution or
6 expenditure, whichever is greater; or
7 (2) If a corporation, organization, association, or labor
8 union, it shall be punished by a fine not exceeding
9 $1,000 for each occurrence; and
10 (3) whenever a corporation, organization, association, or
11 labor union violates this subpart[-j] or subpart ,
12 the violation shall be deemed to be also that of the
13 individual directors, officers, or agents of the
14 corporation, organization, association, or labor
15 union, who have knowingly authorized, ordered, or done
16 any of the acts constituting the violation."
17 2. By amending subsection (e) to read:
18 "(e) Any person or the commission may sue for injunctive
19 relief to compel compliance with this subpart[-] or subpart "
20 SECTION 15. Section 11-229, Hawaii Revised Statutes, is
21 amended as follows:
22 1. By amending subsections (a) and (b) to read:
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1 "(a) Any person who knowingly, intentionally, or
2 recklessly violates any provision of this subpart or subpart
3 shall be guilty of a misdemeanor. Any person who knowingly or
4 intentionally falsifies any report required by this subpart with
5 the intent to circumvent the law or deceive the commission or
6 who violates section 11-201 or 11-202 shall be guilty of a class
7 C felony. A person charged with a class C felony shall not be
8 eligible for a deferred acceptance of guilty plea or nolo
9 contendere plea under chapter 853. A person who is convicted
10 under this section shall be disqualified from holding elective
11 public office for a period of four years from the date of
12 conviction.
13 (b) For purposes of prosecution for violation of this
14 subpart[,,-] or subpart , the offices of the attorney general
15 and the prosecuting attorney of the respective counties shall be
16 deemed to have concurrent jurisdiction to be exercised as
17 follows:
18 (1) Prosecution shall commence with a written request from
19 the commission or upon the issuance of an order of the
20 court; provided that prosecution may commence prior to
21 any proceeding initiated by the commission or final
22 determination;
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1 (2) In the case of state offices, parties, or issues, the
2 attorney general or the prosecuting attorney for the
3 city and county of Honolulu shall prosecute any
4 violation; and
5 (3) In the case of all other offices, parties, or issues,
6 the attorney general or the prosecuting attorney for
7 the respective county shall prosecute any violation.
8 In the commission's choice of prosecuting agency, it shall
9 be guided by whether there will be any conflicting interest
10 between the agency and its appointive authority."
11 2. By amending subsection (d) to read:
12 "(d) Prosecution for violation of any provision of this
13 subpart or subpart shall not be commenced after five years
14 have elapsed from the date of the violation or date of filing of
15 the report covering the period in which the violation occurred,
16 whichever is later."
17 SECTION 16. There is appropriated out of the general
18 revenues of the State of Hawaii the sum of $400,000 or so much
19 thereof as may be necessary for fiscal year 2008-2009 for
20 deposit into the Hawaii campaign fund established under section
21 11-217, Hawaii Revised Statutes.
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1 The sum appropriated shall be expended by the department of
2 accounting and general services for the purposes of this Act.
3 SECTION 17. There is appropriated out of the Hawaii
4 campaign fund established under section 11-217, Hawaii Revised
5 Statutes, the sum of $400,000 or so much thereof as may be
6 necessary for fiscal year 2008-2009 for the campaign spending
7 commission to hire three additional staff positions and other
8 necessary assistance to support the comprehensive publicly
9 funded elections established by section 2 of this Act as
10 follows:
11 (1) Two staff positions for computer analysis of campaign
12 contributions for auditing and monitoring, as well as
13 for the creation of an online digital filing system
14 for campaign spending reports for all candidates in a
15 comprehensive publicly funded election;
16 (2) One staff position to administer the comprehensive
17 publicly funding program; and
18 (3) Funding for the office of elections, or its designee;
19 to verify the qualifying contributions from registered
20 voters in a candidate's district.
21 The sum appropriated shall be expended by the department of
22 accounting and general services for the purposes of this Act.
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1 SECTION 18. The campaign spending commission shall create
2 and publish all forms and receipts required as well as a
3 candidates' guide to the comprehensive public funding program
4 that shall include an explanation of rules and procedures
5 applicable to candidates. In addition to the reports required
6 by section 11-210, Hawaii Revised Statutes, the campaign
7 spending commission shall establish and provide administrative
8 and staff support to an independent, nonpartisan review
9 committee to undertake a substantive review of the functioning
10 of the comprehensive public funding program established under
11 this Act following each election in which the comprehensive
12 public funding option is used. The review committee shall
13 report to the legislature no later than twenty days prior to the
14 convening of the next regular session following each election
15 when the comprehensive public funding option is made available
16 and the report shall include:
17 (1) Suggested amendments to this Act that may address the
18 need to improve equalizing public funding to match
19 independent expenditures and any excess expenditures
20 of publicly funded and nonparticipating candidates;
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1 (2) Suggested amendments to this Act that will extend
2 publicly funded campaigns to other state and county
3 elections;
4 (3) Provide a summary and evaluation of the commission's
5 activities and recommendations to enhance the
6 effective and timely administration and enforcement of
7 this Act; and
8 (4) Provide an examination of mechanisms for increasing
9 revenues of the Hawaii election campaign fund,
10 including methods used in other states.
11 The legislative reference bureau shall assist the campaign
12 spending commission in drafting any proposed amendments to this
13 Act.
14 SECTION 19. Statutory material to be repealed is bracketed
15 and stricken. New statutory material is underscored.
16 SECTION 20. In codifying the new sections added by section
17 2 of this Act, the revisor of statutes shall substitute
18 appropriate section numbers for the letters used in designating
19 the new sections in this Act.
20 SECTION 21. If any provision of this Act, or the
21 application thereof to any person or circumstance is held
22 invalid, the invalidity does not affect other provisions or
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1 applications of the Act, which can be given effect without the
2 invalid provision or application, and to this end the provisions
3 of this Act are severable.
4 SECTION 22. This Act shall take effect on January 1, 2010;
5 provided that sections 16, 17, and 18 of this Act shall take
6 effect on July 1, 2008.
7
INTRODUCED BY:
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