Memo To 2020 Candidates Who Were Unsuccessful In The Primary Election

Posted in Main

August 17, 2020

MEMORANDUM

TO:     2020 Candidates Who Were Unsuccessful 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 recognize your efforts in the 2020 Primary Election to serve the State of Hawaii and/or its counties.  The following guidance is to assist you with understanding what your next steps are as a candidate. 

I. REPORTING REQUIREMENTS

The next report is the Final Primary Report which is due no later than 11:59 Hawaiian standard time on Friday, August 28, 2020 covering the period from July 25, 2020 through August 8, 2020, followed by the Final Election Period Report which is due no later than 11:59 p.m. Hawaiian standard time on Thursday, December 3, 2020 covering the period from August 9, 2020 through November 3, 2020 (unless you informed the Commission that you would not spend or receive more than $1,000 for which your reporting period would then be from January 1, 2020 through November 3, 2020 and the Final Primary Report would not be required to be filed).  For partial public funding candidates receiving public funds in the primary election, you must also file the Expenditures of Public Funds Report by Friday, August 28, 2020.  Failure to timely file these reports will likely result in fines.

If your committee has a surplus or deficit, you must continue to file reports on the Candidate Filing System until the surplus has been spent (see Part II) or the deficit has been cleared and a request to terminate has been approved by Commission staff (see Part IV).  Please contact the Commission to obtain the applicable reporting schedule or visit our website after the November 3rd General Election to obtain the applicable reporting schedule for reports due beyond the December 3, 2020 deadline.

If you currently have no surplus or deficit and would like to terminate your registration with the Commission, you can file the Final Election Period Report early and follow the steps in Part IV for terminating your registration.

II. USE OF CAMPAIGN FUNDS IF YOU HAVE A SURPLUS

With the exception of partial public funding candidates who must return any and all unused primary election public funds to the Commission by August 28, 2020, any surplus funds remaining in your campaign account after the August 8th Primary Election (after paying all outstanding expenditures and repaying loans) must be expended by August 8, 2021 unless a new Organizational Report is filed on or before August 8, 2021.  Filing a new Organizational Report typically means that you intend to run in the next subsequent election (see Part III for more information).  Campaign funds may also be used as provided in Hawaii Revised Statutes (“HRS”) §11-381 or returned to contributors until one (1) year 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(d).

Based upon the foregoing provisions and our administrative rules, you may therefore use your campaign funds to run in the next subsequent election or spend it on any of the following by August 8, 2021:

  • Return contributions to contributors (see, HRS §11-384(d))[1] or pay 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 (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 (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 to your political party so long as the contributions are not earmarked for another candidate (see, HRS §11-381(a)(7));
  • Make reasonable expenditures for a “Mahalo Party” shortly after the primary 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, HAR §3-160-43); and/or
  • 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); and/or
  • Escheat funds to the HECF (see, HRS §11-384(d)).

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

III. FILING A NEW ORGANIZATIONAL REPORT

If you intend to run for office in the next election and want to carry over your campaign funds, you must file a new Organizational Report on the CFS on or before August 8, 2021.  HRS §11-384(f) provides that “campaign funds may be used for the candidate’s next subsequent election as provided in section 11-381 upon registration for the election pursuant to section 11-321.”  Of course, if there are any changes at any time to your Organizational Report (e.g., new chairperson, treasurer, address, phone number, bank information, etc.), you are required under HRS §11-322 to file an amended Organizational Report within ten (10) days of the change via the candidate filing system.

IV. TERMINATION OF REGISTRATION

Upon approval by the Commission’s staff of the “Request for Termination of Registration” form, your committee will no longer have to file disclosure reports.  The following steps need to be followed:

  • File a final report showing no surplus or deficit.
  • Complete and submit your “Request for Termination of Registration” form when you do not have a surplus or deficit.[2]
  • Submit a copy of the closing bank statement for the campaign account to verify that the account has been closed.
  • If you acquired durable assets, you must dispose of the assets[3] and report the disposition in the candidate filing system.
  • All fines and penalties owed to the Commission must be paid.

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

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[1] If you decide to return contributions to your contributors, the Commission does not provide guidance as to the order on the return of contributions (e.g., last in, last out; first in, first out; pro rata).

[2] Part II discusses the disposition of surplus campaign funds.  If a candidate has a deficit resulting from outstanding loans, it may be possible to terminate the committee’s registration if the loans are forgiven, but keep in mind that loans from other than the candidate which are forgiven are considered contributions subject to the candidate’s contribution limits.  Please contact the Commission for more information.

[3] You can sell the assets at the commercially reasonable rate and deposit the money with your committee, then disburse the funds as specified in Part II, or you can donate the assets to community organizations as specified in HRS §11-381, subject to the donation limits of your office and after the general election.

This memo applies to the following candidates (129 total):

Candidate Office District County
Agsalda, Aaron House 46
Aiona, Philip Hawaii Council 9 Hawaii
Aiwohi, Kaapunialiionalanikiekie House 8
Akao, Alan House 51
Almeida, Kaiulani OHA Hawaii
Arakaki, Tracy House 33
Arriola, Jesus Senate 10
Auna, Jared Prosecuting Attorney Hawaii
Azevedo, Neil Mayor Hawaii
Azinga, P.M. House 30
Bondera, Colehour House 5
Bourgoin, Duke Mayor Honolulu
Bridges, Christopher Prosecuting Attorney Hawaii
Brower, Tom House 22
Brown, Robert J. Prosecuting Attorney Honolulu
Bryant, Paul Mayor Hawaii
Burke, Jackie OHA At-Large
Burrows, Shannon Senate 2
Cabebe, Donovan Kauai Council At-Large Kauai
Cachola, Romy House 30
Caravalho, Ernest Mayor Honolulu
Carroll, John Mayor Honolulu
Cashman-Aiu, Noelani OHA Hawaii
Chock, Coby House 51
Chong, Doni House 51
Clark, John Senate 19
Clement, Jane Hawaii Council 7 Hawaii
Couch, Don House 11
Cuaresma, Thora-Jean Senate 22
Davenport, Kathleen Honolulu Council 1 Honolulu
DeSilva Carveiro, Debralynn Kauai Council At-Large Kauai
DeSoto-McCollough, Laura OHA Hawaii
Dicks, Karl Mayor Honolulu
Driskill, Thomas House 18
Esser, Jacquelyn Prosecuting Attorney Honolulu
Fanene, Banner Senate 22
Fitzgerald, Bob Mayor Hawaii
Fogel, Frederick House 3
Franks, Victoria Kauai Council At-Large Kauai
Gardner, Becky House 20
Garry, Timothy Mayor Honolulu
Glendon, Michael Mayor Hawaii
Greenwell, Robert Mayor Hawaii
Grimmer, Scott House 51
Halversen, William Hawaii Council 2 Hawaii
Hanabusa, Colleen Mayor Honolulu
Hanakahi, Kaipo OHA At-Large
Hannemann, Mufi Mayor Honolulu
Hanohano, Naomi Honolulu Council 1 Honolulu
Hao, Louis OHA Hawaii
Higa, Stacy Mayor Hawaii
Higgins, Vicki Senate 10
Hill, Robert House 8
Hoffeld, Cyd OHA Hawaii
Ishibashi, Herbert OHA Hawaii
Ishibashi, Jay House 20
Iwamoto, Kim Coco House 26
James, Choon Mayor Honolulu
Jordan, Jo House 44
Juan, Elroy Hawaii Council 1 Hawaii
Kaaihue, Henry Hawaii Council 3 Hawaii
Kaehuaea, Wendell Mayor Hawaii
Kahikina, Michael House 43
Kahue-Cabanting, Ui OHA Molokai
Kahui, Craig Hawaii Council 8 Hawaii
Kaiwi, Debra Maui Council Kahului Maui
Kalima, Grant Honolulu Council 3 Honolulu
Kam, Vickie House 42
Kawaauhau, Larry OHA At-Large
Kawano, Yumi Mayor Hawaii
Kealoha, Warland Honolulu Council 3 Honolulu
Keane, Ranae Hawaii Council 9 Hawaii
Keesing, Audrey Mayor Honolulu
Kerfoot, Galen Honolulu Council 1 Honolulu
Kihoi, Lei OHA Hawaii
Kim, Harry Mayor Hawaii
Kim, Tae Prosecuting Attorney Honolulu
Lee, Marilyn House 36
Lee, Philmund Honolulu Council 5 Honolulu
Ley, Brian House 4
Logue, James House 29
Maldonado, Celestine House 41
Mandado, Ryan Honolulu Council 7 Honolulu
Mano, Matthew Maui Council Lanai Maui
Matson, Shannon House 3
McDonald, Kevin Senate 13
Medeiros-Garcia, Jaerick Hawaii Council 1 Hawaii
Moore, Jaclyn Hawaii Council 1 Hawaii
Morrison, Bethany Hawaii Council 1 Hawaii
Mossman, Paul Honolulu Council 3 Honolulu
Mussell, Micah Mayor Honolulu
Nadamoto, Dwight Prosecuting Attorney Honolulu
Nakoa, Leonard House 10
Nelson, Jacquelyn Kauai Council At-Large Kauai
Neves, Paul Hawaii Council 3 Hawaii
Ohara, Eileen House 4
Palacat-Nelsen, Shane OHA At-Large
Paris, Anthony Honolulu Council 1 Honolulu
Parker, Rory Kauai Council At-Large Kauai
Patel, Sne Maui Council West Maui Maui
Pau, Louis OHA Hawaii
Perez, Brittny OHA Kauai
Perreira, Monique Hawaii Council 1 Hawaii
Pine, Kymberly Mayor Honolulu
Pratt-Aquino, Sandra House 48
Pregitzer, Micah House 50
Rathbun, Amanda House 41
Ritte, Walter House 13
Ruggles, Michael Mayor Hawaii
Russell, Simon House 12
Shaneyfelt, Ted Mayor Hawaii
Shiraishi, Paul Senate 10
Smith, Kamealoha OHA Kauai
Sonoda, Lenson OHA At-Large
Stonebraker, William Mayor Honolulu
Taniguchi, Naomi Kauai Council At-Large Kauai
Texeira, Alan Honolulu Council 3 Honolulu
Tsuneyoshi, Earl Honolulu Council 9 Honolulu
Turbin, Derek House 20
Uehara, Ryan House 41
Urban, Tante Mayor Hawaii
Verschuur, Cynthia Mayor Hawaii
Watase, Dave Honolulu Council 5 Honolulu
Wilson, Kalaniakea OHA Hawaii
Wirick, Frederic Hawaii Council 5 Hawaii
Wong, Ho Yin Mayor Honolulu
Yago, Clint Kauai Council At-Large Kauai
Yaqoob, Anosh Prosecuting Attorney Honolulu
Zahnd, Laurent Mayor Maui