Memo To 2018 Candidates Who Were Successful (Won Outright) In The Primary Election

Posted on Aug 20, 2018 in Main

August 20, 2018

MEMORANDUM

TO: 2018 Candidates Who Were Successful (Won Outright) In The Primary 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 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 2018 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 all of their reports with the Commission and paid all fines assessed by the Commission.  This means that all reports, including but not limited to the Final Election Period Report which is due no later than 11:59 p.m. Hawaii standard time on Thursday, December 6, 2018, must be electronically filed.  The report will cover the period from August 12, 2018 through November 6, 2018.  Further, all fines that were assessed by the Commission must be paid.  It is critical that you know when you will be sworn into office, and if that occurs prior to December 6, 2018, you must file this report prior to the date you will be sworn into office as well as pay all fines.[1]  Election officials will not be issuing certificates of election to any candidate until such time as the Commission informs them of compliance with this requirement.

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 August 31, 2018, any funds remaining in your campaign account after the November 6th General Election must be expended by November 6, 2022 unless a new Organizational Report is filed on or before November 6, 2022.  Filing a new Organizational Report typically means that you intend to run in the next subsequent election.  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 to run in the next subsequent election or spend it on any of the following by November 6, 2022:

  • Return contributions to contributors (see, HRS §11-384(c))[2] or paying back loans;
  • 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 but the donation cannot occur until after the November 6, 2018 general election and the prohibition will start again 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 but the donation cannot occur until after the November 6, 2018 general election and the prohibition will start again 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 making reasonable expenditures for a “Mahalo Party” shortly after the general election and newsletters to supporters as well as 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]
  • Purchase or lease consumer goods, vehicles, equipment, and services that provide a mixed benefit; however, you must reimburse your committee for any non de minimus personal use of these items (see, HRS §11-381(a)(2)); and/or
  • Escheat funds to the HECF (see, HRS §11-384(c)).

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.


[1] We understand that Hawaii County Council candidates will be sworn-in on December 3, 2018 which is prior to December 6, 2018.  For these candidates that won outright in the Primary Election, the Final Election Period Report will cover the period August 12, 2018 through November 6, 2018, and is due no later than 11:59 p.m. Hawaii standard time on Wednesday, November 28, 2018.

[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, go to ags.hawaii.gov/campaign/authorized-expenditures.

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This memo applies to the following candidates (47 total):

Candidate Office District County
Aquino, Henry House 38
Belatti, Della House 24
Chung, Aaron Hawaii Council 2 Hawaii
Creagan, Richard House 5
Cullen, Ty House 39
David, Maile Hawaii Council 6 Hawaii
Eli, Stacelynn House 43
English, Kalani Senate 7
Eoff, Karen Hawaii Council 8 Hawaii
Fukunaga, Carol Honolulu Council 6 Honolulu
Gates, Cedric House 44
Har, Sharon House 42
Harimoto, Breene Senate 16
Hashimoto, Troy House 8
Holt, Daniel House 29
Ichiyama, Linda House 32
Inouye, Lorraine Senate 4
Johanson, Aaron House 31
Kanealii-Kleinfelder, Matthew Hawaii Council 5 Hawaii
Keohokalole, Jarrett Senate 24
Kierkiewicz, Ashley Hawaii Council 4 Hawaii
Kitagawa, Lisa House 48
Kobayashi, Bertrand House 19
Kobayashi, Dale House 23
Kong, Samuel House 33
Lee Loy, Susan Hawaii Council 3 Hawaii
Lowen, Nicole House 6
Luke, Sylvia House 25
Matayoshi, Scot House 49
Matsumoto, Lauren House 45
Mizuno, John House 28
Morikawa, Daynette House 16
Nakamura, Nadine House 14
Nakashima, Mark House 1
Nishimoto, Scott House 21
Poindexter, Valerie Hawaii Council 1 Hawaii
Richards, Herbert Hawaii Council 9 Hawaii
Riviere, Gil Senate 23
Saiki, Scott House 26
San Buenaventura, Joy House 4
Takayama, Gregg House 34
Takumi, Roy House 35
Tokioka, James House 15
Tsuneyoshi, Heidi Honolulu Council 2 Honolulu
Wildberger, Tina House 11
Woodson, Justin House 9
Yamashita, Kyle House 12