Report Title:

Constitutional Convention; Public Funding; Appropriation

 

Description:

Amends campaign spending laws to include public funding for special elections for the election of delegates to a constitutional convention.  Appropriates funds.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

3297

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to a constitutional convention.

 

 

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

 


     SECTION 1.  The legislature finds that there is considerable interest throughout the community regarding the notion of a future constitutional convention.  Many anticipate strong grassroots interest in a constitutional convention and possibly a large influx getting involved and running for delegate seats.

     The legislature also finds that elections for constitutional convention delegates are surprisingly absent from the existing campaign spending laws.  The last constitutional convention was held thirty years ago, and the cost of campaigning has swelled enormously over the past few decades.

     Meanwhile, there has been growing interest in increasing the availability of public funding for election campaigns in Hawaii.  Public funding helps to reduce the influence of private money in campaigns and opens up the electoral process to new participants.

     Given these trends, there is an exceptional opportunity to establish a new campaign finance system for candidates for the position of constitutional convention delegate.

     The purpose of this Act is to establish a substantial public funding option for candidates campaigning to be a constitutional convention delegate, to provide an alternative to private funding sources, and to encourage ordinary citizens to run for constitutional convention seats.

     SECTION 2.  Section 11-209, Hawaii Revised Statutes, is amended to read as follows:

     "§11-209  Campaign expenditures; limits as to amounts.  (a)  From January 1 of the year of any primary, special, or general election, the total expenditures for each election for candidates who voluntarily agree to limit their campaign expenditures, inclusive of all expenditures made or authorized by the candidate alone and all campaign treasurers and committees in the candidate's behalf, shall not exceed the following amounts expressed respectively multiplied by the number of voters in the last preceding general election registered to vote in each respective voting district:

     (1)  For the office of governor--$2.50;

     (2)  For the office of lieutenant governor--$1.40;

     (3)  For the office of mayor--$2.00;

     (4)  For the offices of state senator, state representative, and county council member--$1.40; and

     (5)  For the offices of the board of education and all other offices except constitutional convention delegates--20 cents.

     (b)  During the time between the general election in which voters approve a ballot question to call for a constitutional convention until the special election to elect delegates to that constitutional convention, the total expenditures for constitutional convention delegate candidates that voluntarily agree to limit their campaign expenditures, inclusive of all expenditures made or authorized by the candidate alone and all campaign treasurers and committees in the candidate's behalf, shall not exceed $2.50 multiplied by the number of voters registered to vote in the preceding general election in each respective constitutional convention delegate voting district.

     [(b)] (c)  A candidate or committee who has voluntarily agreed to the expenditure limits in this section and who exceeds their respective expenditure limits shall pay the full filing fee and shall notify all opponents, the chief election officer, and the commission by telephone and in writing the day the expenditure limits are exceeded.  All contributors shall be notified within thirty days of exceeding the expenditure limits.  Notification to contributors shall include an announcement that tax deductions based on their contributions are no longer available."

     SECTION 3.  Section 11-218, Hawaii Revised Statutes, is amended to read as follows:

     "§11-218  Candidate funding; amounts available.  (a)  For the office of governor, lieutenant governor, or mayor, the maximum amount of public funds available to a candidate in any election shall not exceed ten per cent of the total expenditure limit as determined under section 11-209 for each election for each office listed in this subsection.

     (b)  For the office of state senator, state representative, county council member, and prosecuting attorney, the maximum amount of public funds available to a candidate in any election shall be fifteen per cent of the total expenditure limit as determined under section 11-209 for each election for each office listed in this subsection.

     (c)  For the office of Hawaiian affairs, the maximum amount of public funds available to a candidate shall not exceed $1,500 in any election year.

     (d)  For the office of constitutional convention delegate, the maximum amount of public funds available to a candidate in any election shall be eighty per cent of the total expenditure limit as determined under section 11-209.

     [(d)] (e)  For the board of education and all other offices, the maximum amount of public funds available to a candidate shall not exceed $100 in any election year.

     [(e)] (f)  Each candidate who qualified for the maximum amount of public funding in any primary election and who is a candidate for a subsequent general election shall apply with the commission to be qualified to receive the maximum amount of public funds as provided in this section for the respective election.  For purposes of this section, "qualified" means meeting the qualifying campaign contribution requirements of section 11-219."

     SECTION 4.  Section 11-219, Hawaii Revised Statutes, is amended to read as follows:

     "§11-219  Qualifying campaign contributions; amounts.  As a condition of receiving public funds for a primary or general election, a candidate shall not be unopposed in any election for which public funds are sought, shall have filed an affidavit with the commission pursuant to section 11-208 to voluntarily limit the candidate's campaign expenditures, and shall be in receipt of the following sum of qualifying campaign contributions from individual residents of Hawaii:

     (1)  For the office of governor--qualifying contributions that in the aggregate, exceed $100,000;

     (2)  For the office of lieutenant governor--qualifying contributions that in the aggregate, exceed $50,000;

     (3)  For the office of mayor for each respective county:

         (A)  County of Honolulu--qualifying contributions that in the aggregate, exceed $50,000;

         (B)  County of Hawaii--qualifying contributions that in the aggregate, exceed $15,000;

         (C)  County of Maui--qualifying contributions that in the aggregate, exceed $10,000; and

         (D)  County of Kauai--qualifying contributions that in the aggregate, exceed $5,000; and

     (4)  For the office of prosecuting attorney for each respective county:

         (A)  County of Honolulu--qualifying contributions that in the aggregate, exceed $30,000;

         (B)  County of Hawaii--qualifying contributions that in the aggregate, exceed $10,000; and

         (C)  County of Kauai--qualifying contributions that in the aggregate, exceed $5,000;

     (5)  For the office of county council--for each respective county:

         (A)  County of Honolulu--qualifying contributions that in the aggregate, exceed $5,000;

         (B)  County of Hawaii--qualifying contributions that in the aggregate, exceed $1,500;

         (C)  County of Maui--qualifying contributions that in the aggregate, exceed $5,000; and

         (D)  County of Kauai--qualifying contributions that in the aggregate, exceed $3,000;

     (6)  For the office of state senator--qualifying contributions that, in the aggregate, exceed $2,500;

     (7)  For the office of state representative--qualifying contributions that, in the aggregate, exceed $1,500;

     (8)  For the office of Hawaiian affairs--qualifying contributions that, in the aggregate, exceed $1,500; and

     (9)  For constitutional convention delegates and all other offices, qualifying contributions that, in the aggregate, exceed $500."

     SECTION 5.  Section 11-220, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  To be eligible to receive payments pursuant to section 11-217, a candidate shall certify to the commission that:

     (1)  The candidate and all committees authorized by the candidate shall not incur campaign expenses in excess of the expenditure limitations imposed by section 11-209;

     (2)  The candidate has qualified to be on the election ballot in a primary, special, or general election;

     (3)  The candidate has filed a statement of intent to seek qualifying contributions.  A contribution received before the filing of a statement of intent to seek public funds shall not be considered a qualifying contribution;

     (4)  The candidate or committee authorized by the candidate has received the qualifying sum of private contributions for the office sought by the candidate as set forth in section 11-219; and

     (5)  The aggregate of contributions certified with respect to any person under paragraph (4) does not exceed $100."

     SECTION 6.  Section 11-221, Hawaii Revised Statutes, is amended to read as follows:

     "§11-221  Entitlement to payments.  (a)  [A] For all offices except constitutional convention delegate, a candidate shall obtain the minimum amount of qualifying contributions set forth in section 11-219, once for the election period.  After the candidate obtains the minimum amount of qualifying campaign contributions, the candidate shall be entitled to receive for each election that the candidate's name appears on the ballot:

     (1)  The minimum payment in an amount equal to the qualifying campaign contributions; and

     (2)  Payments of $1 for each $1 of qualifying contributions in excess of the minimum amount of qualifying contributions;

provided that the candidate shall not receive more than the maximum amount of public funds available to a candidate pursuant to section 11-218; provided further that the candidate shall not receive public funds for a primary election if the candidate does not obtain the minimum amount of qualifying contributions before the date of the primary election.

     (b)  A candidate for constitutional convention delegate shall obtain the minimum amount of qualifying contributions set forth in section 11-219, for the period between the general election in which voters approved the ballot question authorizing the constitutional convention and the special election for election of delegates to the constitutional convention.  After a candidate obtains the minimum amount of qualifying campaign contributions, the candidate shall be entitled to receive:

     (1)  The minimum payment in an amount equal to the qualifying campaign contributions; and

     (2)  Payments of $4 for each $1 of qualifying contributions in excess of the minimum amount of qualifying contributions;

     provided that the candidate shall not receive more than the   maximum amount of public funds available to a candidate      pursuant to section 11-218.

     [(b)] (c)  A candidate shall have at least one other qualified candidate as an opponent for the primary or general election to receive public funds for that election."

     SECTION 7.  Section 11-222, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Each candidate in receipt of the qualifying sum of contributions established for the candidate's office may apply to the commission for public funding after the candidate has become a candidate in a primary, special, or general election."

     SECTION 8.  Section 11-222, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Each candidate in receipt of the qualifying sum of contributions established for the candidate's office may apply to the commission for public funding after the candidate has become a candidate in a primary, special, or general election."

     SECTION 9.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2008-2009 to be deposited into the Hawaii election campaign fund established by section 11-217, Hawaii Revised Statutes, for the purpose of providing public funding for a special election to elect constitutional convention delegates.

     The sum appropriated shall be expended by the campaign spending commission for the purposes of this Act.

     SECTION 10.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 11.  This Act shall take effect upon its approval; provided that section 9 shall take effect on July 1, 2008.

 

INTRODUCED BY:

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