Campaign Spending Commission

     This Advisory Opinion responds to a noncandidate committee that asked whether an individual can serve as an officer of that committee if the individual is an officer of another noncandidate committee.

     The Campaign Spending Commission (“Commission”) responds that the individual cannot serve as an officer of both committees if both committees support or oppose the same candidate.

     We understand that the individual is the owner of a company; the company has a noncandidate committee and the individual is an officer of that committee.  The company is a member of an association and the individual has been appointed as the head of the association.  The head of the association also serves as an officer of the association’s noncandidate committee.

     Section 11-204(h), Hawaii Revised Statutes (“HRS”), provides as follows:

“No committee which supports or opposes a candidate for public office shall have as officers individuals who serve as officers on any other committee which supports or opposes the same candidate. No such committee shall act in concert with, or solicit or make contribution on behalf of any other committee.1

     This statute prevents the circumvention of the contribution limits, by, e.g., an officer of Company XYZ directing maximum contributions to Candidate A from both Company XYZ’s noncandidate committee and trade Association DEF’s noncandidate committee.

     The Commission provides this Advisory Opinion as a means of stating its current interpretation of the Hawaii Campaign Spending laws provided under HRS section1 1-191, et seq. and the administrative rules of the Commission provided in chapter 2-14, Hawaii Administrative Rules.  The Commission may adopt, revise or revoke the Advisory Opinion upon the enactment of amendments to the Hawaii Revised Statutes or the adoption of administrative rules by the Commission.

Dated: Honolulu, Hawaii, February 14, 2007.

CAMPAIGN SPENDING COMMISSION

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Paul Kuramoto
Chairperson

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Steven E. Olbrich
Vice Chairperson

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Gino Gabrio
Commissioner

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Dean Robb
Commissioner

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Michael E. Weaver
Commissioner

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1 This prohibition was enacted in Act 369, Session Laws of Hawaii 1987, together with other changes to section 11-204, HRS which specified that contributions from certain combinations of individuals and entities will be treated as received from a single contributor for purposes of the contribution limits.