Campaign fundraising;
electioneering communications

Allows expenses incurred incidental to a political campaign
fundraiser to be considered legitimate expenditures, and requires
a candidate or candidate's committee to file a report with the
campaign spending commission disclosing disbursements for
electioneering communications.

HOUSE OF REPRESENTATIVES                H.B. NO.1255       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                     A BILL FOR AN ACT



 1      SECTION 1.  Chapter 11, Hawaii Revised Statutes, is amended
 2 by adding a new section to be appropriately designated and to
 3 read as follows:
 4      "11-       Electioneering communications.  (a)  Every
 5 person who makes a disbursement for electioneering communications
 6 in an aggregate amount of $5,000 during any calendar year shall,
 7 within twenty-four hours of each disclosure date provided in this
 8 section, file with the commission a statement of information
 9 described in subsection (b).
10      (b)  Each statement required to be filed under this section
11 shall contain the following information:
12      (1)  The identification of the person making the
13           disbursement, of any entity sharing or exercising
14           discretion or control over such person, and of the
15           custodian of the books and accounts of the person
16           making the disbursement;
17      (2)  The state of incorporation and principal place of
18           business of the person making the disbursement;

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 1      (3)  The amount of each disbursement during the period
 2           covered by the statement and the identification of the
 3           person to whom the disbursement was made;
 4      (4)  The elections to which the electioneering
 5           communications pertain and the names, if known, of the
 6           candidates identified or to be identified;
 7      (5)  If the disbursements were made by a committee, the
 8           names and addresses of all persons who contributed to
 9           the committee for the purpose of publishing or
10           broadcasting the electioneering communications;
11      (6)  If the disbursements were made by an organization other
12           than a committee, the names and addresses of all
13           persons who contributed to the organization for the
14           purpose of publishing or broadcasting the
15           electioneering communications; and
16      (7)  Whether or not any electioneering communication is made
17           in coordination, cooperation, or concert with or at the
18           requestor suggestion of any candidate, candidate
19           committee, political party or agent of any candidate,
20           candidate committee or political party, and if so, the
21           identification of the candidate, candidate committee,
22           political party or agent involved.

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                                     H.B. NO.1255       

 1      (c)  For the purposes of this section:
 2      "Electioneering communication" means any paid advertising
 3 broadcast from a television or radio broadcast station, or
 4 published in any periodical or newspaper, which refers to a
 5 clearly identifiable candidate and:
 6      (1)  Is made, or scheduled to be made, within thirty days
 7           prior to a primary or initial special election; or
 8      (2)  Is made, or scheduled to be made, within sixty days
 9           prior to a general or special election.
10      "Electioneering communication" shall not include:
11      (1)  Communications in a news story or editorial;
12      (2)  Communications which constitute contributions or
13           expenditures; or
14      (3)  Communications in house bulletins.
15      "Disclosure date" means the first date of any calendar year
16 by which a person has made disbursements for electioneering
17 communications in excess of $5,000, and the date of any
18 subsequent disbursements by such persons for electioneering
19 communications."
20      SECTION 2.  Section 11-203, Hawaii Revised Statutes, is
21 amended to read as follows:

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                                     H.B. NO.1255       

 1      "11-203  Fundraisers and fundraising activities.(a)  As
 2 used in this section, "fundraiser" means any function held for
 3 the benefit of a person that is intended or designed, directly or
 4 indirectly, to raise funds for political purposes for which the
 5 price or suggested contribution for attending the function is
 6 more than $25 per person.
 7      (b)  There shall be no more than two fundraisers held for a
 8 person prior to a general or special election in which that
 9 person is either elected or defeated.
10      Within six months after a general or special election,
11 however, a candidate or committee directly associated with a
12 candidate who has a deficit may hold an additional fundraiser.
13      (c)  No fundraiser or fundraising activity shall be held
14 unless a notice of intent to hold the function is filed by the
15 person in charge of the function with the commission prior to the
16 date of the function setting forth the name and address of the
17 person in charge, the price per person, the date, hour, and place
18 of the affair and the method thereof.
19      (d)  Fundraisers sponsored by a candidate for a statewide
20 office are exempt from the $25 limit of subsection (a) and the
21 restrictions of subsection (b), and fundraisers sponsored by a

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                                     H.B. NO.1255       

 1 party for a political purpose for the general benefit of the
 2 party are exempt from the restrictions of subsection (b).
 3      [(e)  The following expenses incident to a fundraiser and to
 4 all other political fundraising activities held for the benefit
 5 of a candidate shall not be considered expenditures within the
 6 limitations set by section 11-209:
 7      (1)  The cost of food and beverages consumed at the
 8           function;
 9      (2)  Rent and utilities for the premises where the function
10           is held;
11      (3)  The amount paid for guest speakers and entertainment;
12      (4)  Printing and postage related to a function; and
13      (5)  All other direct costs incurred in solicitation of the
14           fundraiser, or fundraising activity.]"
15      SECTION 3.  Section 11-207, Hawaii Revised Statutes, is
16 amended by amending subsection (a) to read as follows:
17      "(a)  Expenditures, or disbursements for electioneering
18 communications as defined in section 11-      , made by any
19 person or political party for the benefit of a candidate in
20 cooperation, consultation, or concert with, or at the request or
21 suggestion of, a candidate, a candidate's political committee, or
22 their agents, shall be considered to be a contribution to such
23 candidate[.] and expenditure by such candidate.

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                                     H.B. NO.1255       

 1      The financing by any person or political party of the
 2 dissemination, distribution, or republication, in whole or in
 3 part, of any broadcast or any written or other campaign materials
 4 prepared by the candidate, the candidate's political committee or
 5 committees, or agents shall be considered to be a contribution to
 6 such candidate.
 7      This subsection shall not apply to candidates for governor
 8 or lieutenant governor supporting a co-candidate in the general
 9 election."
10      SECTION 4.  Statutory material to be repealed is bracketed.
11 New statutory material is underscored.
12      SECTION 5.  This Act shall take effect upon its approval.
14                           INTRODUCED BY:  _______________________