Report Title:

Campaign Contributions; Preliminary Reports

 

Description:

Establishes a grace period during which a candidate or candidate's committee may return or refund contributions that exceed the 20% cap on nonresident contributions.  Requires noncandidate committees to file an additional preliminary report on 7/31 prior to each primary election.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

217

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO CAMPAIGN FINANCING.

 

 

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

 


     SECTION 1.  Section 11-204.5, Hawaii Revised Statutes, is amended to read as follows:

     "§11-204.5  Limit on contributions from nonresident individuals and persons.  (a)  Contributions from all persons, except for a member of the candidate's immediate family, who are not residents of the State at the time the contributions are made, including a noncandidate committee organized under the laws of another state and whose participants are not residents of the State, shall not exceed twenty per cent of the total contributions received by a candidate or candidate's committee for each reporting period.

     (b)  If the candidate or candidate's committee returns or refunds a contribution or contributions that exceed twenty per cent of the total contributions received during a reporting period within seven days of the last day of the reporting period, the candidate and candidate committee shall not be in violation of this section."

     SECTION 2.  Section 11-207.6, Hawaii Revised Statutes, is amended by amending as follows:

1.  By amending subsection (a) to read:

     "(a)  Every person who makes a disbursement for electioneering communications in an aggregate amount of more than $2,000 during any calendar year [shall], within twenty-four hours of each disclosure date provided in this section, shall file with the commission a statement of information described in subsection (b)."

     2.  By amending subsection (c) to read:

     "(c)  For the purposes of this section:

     "Disclosure date" means, for every calendar year, the first date by which a person has made disbursements during that same calendar year of more than $2,000, in the aggregate, for electioneering communications, and the date of any subsequent disbursements by that person for electioneering communications.

     "Electioneering communication" means any advertising:

     (1)  (A)  Broadcast from a cable, satellite, television, or radio broadcast station;

         (B)  Published in any periodical or newspaper; or

         (C)  Sent by mail at a bulk rate;

     (2)  That refers to a clearly identifiable candidate; [and]

     (3)  [Is made,] 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

     (4)  That is susceptible of no 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 any political party, political committee, or candidate;

     (2)  That constitute expenditures by the disbursing organization;

     (3)  In in-house bulletins; or

     (4)  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."

     SECTION 3.  Section 11-212, Hawaii Revised Statutes, is amended to read as follows:

     "§11-212  Preliminary reports.

  (a)(1)  [The candidate committee of each] Each candidate whose name will appear on the ballot in the immediately succeeding election shall file a preliminary report.  Preliminary reports shall be filed on the following dates:

         (A)  July [thirty-first] 31 of the year of the primary election;

         (B)  Ten calendar days prior to each primary and initial special election; and

         (C)  Ten calendar days prior to a special or general election.

     (2)  Each report shall be certified pursuant to section 11-195 and shall contain the following information which shall be current through June 30 prior to the filing of the report filed on [the thirty-first of] July 31 and the fifth calendar day prior to the filing of other preliminary reports:

         (A)  The aggregate sum of all contributions and other campaign receipts received;

         (B)  The amount and date of deposit of the contribution and the name and address of each donor who contributes an aggregate of more than $100 during an election period, which has not previously been reported; provided that if all the information is not on file, the contribution shall be returned to the donor within thirty days of deposit;

         (C)  The amount and date of deposit of each contribution and the name, address, employer, and occupation of each donor who contributes an aggregate of $1,000 or more during an election period, which has not previously been reported; provided that if all the information is not on file, the contribution shall be returned to the donor within thirty days of deposit;

         (D)  All expenditures made, incurred, or authorized by or for a candidate, including the name and address of each payee and the amount, date, and purpose of each expenditure; and

         (E)  A current statement of the balance on hand or deficit.

     (b)  Each noncandidate committee shall file a preliminary report with the commission on July 31 prior to each primary election, the tenth calendar day prior to each primary election, and the tenth calendar day prior to a special or general election.  Each report shall be certified pursuant to section 11-195 and shall contain the following information, which shall be current through the fifth calendar day prior to the filing of a preliminary report:

     (1)  The aggregate sum of all contributions and other campaign receipts received;

     (2)  The amount and date of deposit of the contribution and the name, address, employer, and occupation of each donor who contributes an aggregate of $100 or more during an election period, which has not previously been reported; provided that if all the information is not on file, the contribution shall be returned to the donor within thirty days of deposit;

     (3)  The amount and date of each disbursement or contribution made to a candidate, party, organization, or committee, including the name and address of each payee, which has not previously been reported;

     (4)  The amount and date of each expenditure made or incurred by the committee for or against any candidate, ballot issue, or on behalf of another committee, which has not previously been reported; and

     (5)  A current statement of the balance on hand.

     (c)  The candidate's committee and noncandidate committee shall itemize disbursements to consultants, advertising agencies and similar firms, credit card payments, salaries, and candidate reimbursements to permit a reasonable person to determine the ultimate intended recipient of the expenditure and its purpose.

     [(d)  A candidate, party, or committee whose aggregate contributions and aggregate expenditures for the reporting period each total $2,000 or less may file a short form report with the commission in lieu of the reports required by this section and section 11-213.

     (e)] (d)  Notwithstanding this section and section 11-213, a candidate, party, or committee whose aggregate contributions and aggregate expenditures for the election period total $1,000 or less, need not file a preliminary and final primary report, a preliminary and final general report, or a special election report, but shall file only a final election period report."

     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, provided that section 3 shall be applicable to reporting periods beginning on January 1, 2010.

 

INTRODUCED BY:

_____________________________

 

 

By Request