Memo To 2016 Candidates Who Were Successful In The General Election

November 10, 2016

MEMORANDUM

TO: 2016 Candidates Who Were Successful In The General Election

FROM: Kristin E. Izumi-Nitao, Executive Director
Campaign Spending Commission

SUBJECT: Important Information and Reminders

The Hawaii Campaign Spending Commission (“Commission”) would like to congratulate you on being elected to serve the people of the State of Hawaii and/or its counties.  We know that this is an exciting and busy time as you prepare to take office, but would like to take this opportunity to remind you of some important information.

I. CERTIFICATION OF 2016 ELECTED OFFICIALS

Under Hawaii Revised Statutes (“HRS”) §11-156, the chief election officer or county clerk is required to deliver certifications of election to the persons elected only after they have filed their reports with the Commission and paid all fines assessed by the Commission.  Election officials will not be issuing certificates of election to any candidate until such time as the Commission informs them of compliance with this law.  Therefore, please make sure that your committee has filed its disclosure reports and paid all fines (if any).

II. USE OF CAMPAIGN FUNDS

With the exception of partial public funding candidates who must return any and all unused public funds to the Commission by December 8, 2016, any funds remaining in your campaign account after the November 8, 2016 general election must be spent by November 8, 2020 unless a new Organizational Report is filed on or before November 8, 2020.[1]  Campaign funds may also be used as provided in HRS §11-381 or returned to contributors until four (4) years from the date of the election for which the campaign funds were received.  Funds that are not used or returned to contributors shall escheat to the Hawaii Election Campaign Fund (“HECF”).  See, HRS §11-384(c).

Based upon the foregoing provisions and our Hawaii Administrative Rules (“HAR”), you may therefore use your campaign funds on any of the following by November 8, 2020:

  • Return contributions to contributors (see, HRS §11-384(d))[2] or pay back loans;
  • For any purpose directly related to your campaign or to any question or issue with which you are directly associated;
  • Purchase or lease consumer goods, vehicles, equipment, and services that provide a mixed benefit; however, you must reimburse your committee for the personal use of these items unless the personal use is de minimus which is defined as 5% or less of the total use of the item in a calendar month and the expenditure for the personal use of the item did not exceed a fair market value of $100 in any one calendar month (see, HRS §11-381(a)(2) & HAR §3-160-45);
  • Donate to any community service, educational, youth, recreational, charitable, scientific, or literary organization up to no more than twice the maximum amount that one person may contribute to your office; however, you will not be able to make this kind of expenditure from the date you file nomination papers for the next election to the date of that general election (see, HRS §11-381(a)(3));
  • Donate to any public school or public library up to no more than twice the maximum amount that one person may contribute to your office (see, HRS §11-381(a)(4));
  • Award scholarships to full-time students attending an institution of higher education or a vocational education school in a program leading to a degree, certificate, or other recognized educational credential up to no more than twice the maximum amount that one person may contribute to your office; however, you will not be able to make this kind of expenditure from the date of the nomination paper filing deadline for the next election to the date of that general election (see, HRS §11-381(a)(5));
  • Purchase two tickets for each event including a fundraiser held by another candidate or committee (see, HRS §11-381(a)(6));
  • Contribute not more than $25,000 in aggregate in any two-year election period to your political party so long as the contributions are not earmarked for another candidate (see, HRS §11-381(a)(7));
  • Pay for “ordinary and necessary expenses” incurred in connection with your duties as an office holder such as expenses for memberships in civic or community groups, making reasonable expenditures for a “Mahalo Party” shortly after the general election, newsletters to supporters, and gifts “for one or more campaign employees or volunteers . . . of not more than an aggregate of $500 for a two-year office, $1,000 for a four-year non-statewide office, or $1,500 for a four-year statewide office” (see, HRS §11-381(a)(8) and HAR §3-160-43);[3]
  • For expenses to your next subsequent election upon registration with the Commission for that election (see, HRS §11-381(b) and footnote #1); and/or
  • Escheat funds to the HECF (see, HRS §11-384(d)).

Regardless of how you choose to spend your campaign funds, please be mindful that any expenditure of campaign funds must be reported in the appropriate disclosure report and electronically filed with the Commission.

If you have any questions, please do not hesitate to contact us at (808) 586-0285.  Thank you for your kokua and commitment to public service.

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[1] An Organizational Report need not be filed by an elected official who is a candidate for reelection to the same office in successive elections and has not sought election to any other office during the period between elections.  See, HRS §11-321(e).

[2] If you decide to return contributions to your contributors, it is your choice as to the order of the return of contributions (e.g., last in, last out; first in, first out; pro rata; etc.).

[3] For more examples including prohibited expenses for which your committee will be fined, click here.

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This memo applies to the following candidates (65 total):

Candidate Office District County
Akina, William OHA At-Large
Atay, Alika Maui Council Wailuku Maui
Belatti, Della House 24
Brower, Tom House 22
Brun, Arthur Kauai Council At-Large Kauai
Caldwell, Kirk Mayor Honolulu
Carroll, Robert Maui Council East Maui Maui
Chang, Stanley Senate 9
Chock, Sr., Mason Kauai Council At-Large Kauai
Cochran, Elle Maui Council West Maui Maui
Creagan, Richard House 5
Crivello, Stacy Maui Council Molokai Maui
DeCoite, Lynn House 13
Espero, William Senate 19
Evans, Cindy House 7
Fukumoto, Beth House 36
Gates, Cedric House 44
Guzman, Don Maui Council Kahului Maui
Hokama, Riki Maui Council Lanai Maui
Holt, Daniel House 29
Ihara, Les Senate 10
Ing, Mark House 11
Johanson, Aaron House 31
Kagawa, Ross Kauai Council At-Large Kauai
Kahele, Kaialii Senate 1
Kaneshiro, Arryl Kauai Council At-Large Kauai
Kaneshiro, Keith Prosecuting Attorney Honolulu
Kawakami, Derek Kauai Council At-Large Kauai
King, Kelly Maui Council South Maui Maui
Kobayashi, Ann Honolulu Council 5 Honolulu
Kobayashi, Bertrand House 19
Kollar, Justin Prosecuting Attorney Kauai
Lee Loy, Susan Hawaii Council 3 Hawaii
Lindsey, Robert OHA Hawaii
LoPresti, Matthew House 41
Lowen, Nicole House 6
Manahan, Joey Honolulu Council 7 Honolulu
McDermott, Bob House 40
McKelvey, Angus House 10
Menor, Ron Honolulu Council 9 Honolulu
Mizuno, John House 28
Morikawa, Daynette House 16
Nakamura, Nadine House 14
Nakashima, Mark House 1
Ohara, Eileen Hawaii Council 4 Hawaii
Onishi, Richard House 3
Oshiro, Marcus House 46
Quinlan, Sean House 47
Rapozo, Melvin Kauai Council At-Large Kauai
Rhoads, Karl Senate 13
Ruderman, Russell Senate 2
San Buenaventura, Joy House 4
Say, Calvin House 20
Souki, Joseph House 8
Sugimura, Yuki Maui Council Upcountry Maui
Takayama, Gregg House 34
Takumi, Roy House 35
Taniguchi, Brian Senate 11
Thielen, Laura Senate 25
Tupola, Andria House 43
Wakai, Glenn Senate 15
Ward, Gene House 17
White, Michael Maui Council Makawao Maui
Yamane, Ryan House 37
Yukimura, JoAnn Kauai Council At-Large Kauai