Schedule of Fines for Violations of Hawaii Revised Statutes, Chapter 11, Part XIII

Published December 2016 and revised March 2017

* Administrative fines may be adjusted by the Commissioners due to mitigating and/or aggravating circumstances as presented in a case-by-case basis. This schedule does not preclude the Commissioners from referring violations to a prosecuting authority for prosecution.

HAWAII REVISED STATUTES (HRS) – Escheat to Hawaii Election Campaign Fund HRS – Fine to General Fund HRS –  Administrative Catch-All Fine to General Fund §11-410

REGISTRATION

     
A. Electronic Filing Form (HRS §11-321)

1 – Not File
2 – Late File or Not Amend/Correct

N/A N/A 1 – $50

2 – $25

B. Organizational Report (HRS §§11-321, 322, 323)

1 – Not File
2 – Late File or Not Amend/Correct (within 10 days)

N/A N/A 1 – $100

2 – $50

REPORTING

     
A. Disclosure Reports (HRS §11-340)

1 – Not File
2 – Late File

N/A 1 – N/A

2 – $50/day (first 7 days); $100 thereafter

– Fine not to exceed 25% of total amount of contributions/expenditures (whichever is greater) for the period covered by the report

– Minimum fine is $200 if more than 4 days late

* (Candidate Committees) Publish on Commission’s website (HRS §11-340(f))

1 – 1st time → $500

2nd time → $750

3rd time → $1,000

2 – Fine N/A if paid fine (HRS §11-410(h)) & no criminal referral (HRS §11-412(g))

(Candidate Committees) 2nd Preliminary Primary Report OR Preliminary General Report (HRS §11-340(c))

1 – Not File
2 – Late File

N/A 1 – N/A

2 – Not to exceed $300/day (as applied, $75/day for first 4 days & $300 if more than 4 days late)

– Fine not to exceed 25% of total amount of contributions/expenditures (whichever is greater) for the period covered by the report

– Minimum fine is $300

* Publish on Commission’s website (HRS §11-340(f))

1 – 1st time → $500

2nd time → $750

3rd time → $1,000

2 – Fine N/A if paid fine (HRS §11-410(h)) & no criminal referral (HRS §11-412(g))

(Noncandidate Committees) Preliminary Primary Report OR 1st & 2nd Preliminary General Report (HRS §11-340(c))

1 – Not File
2 – Late File

N/A 1 – N/A

2 – Not to exceed $300/day (as applied, $75/day for first 4 days & $300 if more than 4 days late)

– Fine not to exceed 25% of total amount of contributions/expenditures (whichever is greater) for the period covered by the report

1 – 1st time → $500

2nd time → $750

3rd time → $1,000

2 – Fine N/A if paid fine (HRS §11-410(h)) & no criminal referral (HRS §11-412(g))

Late Contributions Report (HRS §§11-333(c), 335(d), 338)

1 – Not File
2 – Late File

N/A N/A 1 – $750

2 – $500

(Noncandidate Committees – only Super PACs) Late Expenditure Report (HRS §§11-337(b), 338)

1 – Not File
2 – Late File

N/A N/A 1 – $750

2 – $500

(Public Funding)

Public Financing – Post-Election Reports (HRS §11-433)

1 – Not File (20 days after primary + 30 days after general)
2 – Late File

 

 

 

 

If Commission determines any portion of public funds used for noncampaign or improper expense, order return of all or part of the public funds → deposit into Hawaii Election Campaign Fund

– Also, notify Attorney General’s Office

N/A 1 – $500

2 – $100

B. Filing Substantially Defective or Deficient Reports (HRS §11-340(a), (d), & (e))

1 – If Corrected
2 – If Not Corrected

N/A *Requires notification to Candidate Committee by first class mail

1 – $50/day (first 7 days beginning after 15th day after notice); Not to exceed $200/day thereafter

– Minimum fine is $200 for report not corrected after 18th day

– Fine not to exceed 25% of total amount of contributions/expenditures (whichever is greater) for the period covered by the report

2 – N/A

* (Candidate Committees) Publish on CSC website (HRS §11-340(f))

1 – Fine N/A if paid fine (HRS §11-410(h)) & no criminal referral (HRS §11-412(g))

2 – $500

C.  False Reports 1st time → $500

2nd time → $750

3rd time → $1,000

CONTRIBUTIONS

A. Failure to Timely Deposit Contributions (Hawaii Administrative Rules (HAR) §3-160-30)

 *7 days to deposit upon receipt

N/A N/A 1st time → $25

2nd time → $35

3rd time → $50

B. Fundraiser (HRS §11-342) N/A N/A 1st time → $25

2nd time → $75

3rd time & thereafter → $150

C. False Name Contribution (HRS §11-352) All false name contributions escheat N/A $1,000 (against contributor only where no involvement by candidate) or 3x amount of anonymous contribution
D. Anonymous Contribution (HRS §11-353) All anonymous contributions escheat

*N/A to calabash bowls (less than $100 from 10 or more persons at same political function)

N/A *If unable to identify the contributor (e.g., insufficient information recorded) to refund within 30 days OR any amount over $100 &/or if have less than 10 contributors if calabash bowl → classify as anonymous contribution & escheat

(see HRS §11-333(b) for Candidate Committees & HRS §11-335(b) for Noncandidate Committees)

E. State/County Contractors’ Ban on Contributions (HRS §11-355) N/A N/A $1,000 (against contributor only where no involvement by candidate)
F. Foreign Contributions (HRS §11-356) N/A N/A
G. Excess Contributions (HRS §§11-357 & 364) Excess contributions not returned within 30 days of receipt will escheat N/A *If Commission discovers the excess, contributor will be fined → see Excess Contribution Schedule (last revised 3/13/13)
H. Nonresident Contributions (HRS §11-362) N/A N/A Amounts over 30% of total contributions received by Candidate Committee → escheat to Hawaii Election Campaign Fund OR $500 (against contributor only where no involvement by candidate)
I.  Fail to Report Contribution N/A N/A $250 per schedule contribution(s) not reported in

LOANS

A. Loan Documentation (HRS §§11-333(b)(5), 371, & 372) N/A N/A $100 (also if fail to timely provide)
B.  Excess Loans N/A N/A *$100 per violation/occurrence

EXPENDITURES 

A. Donation of Campaign Funds in Excess of Permitted Amount or Donation to a Prohibited Charitable Organization or Donation Made During a Prohibited Period (HRS §11-381) N/A N/A See Excess Contribution Schedule (last revised 3/13/13) + personal reimbursement (HRS §11-409)
B. Prohibited Use of Campaign Funds (HRS §11-382) N/A N/A 50% of prohibited amount + personal reimbursement (HRS §11-409)
C. (Public Funding) Public Financing – Improper Expenditures (HRS §11-434) 300% of amount to Hawaii Election Campaign Fund Refer to HRS §11-410 (administrative fine/catch-all) & HRS §11-412 (criminal prosecution) N/A
D. Advertisements (HRS §11-391) N/A $25/advertisement that lacks required disclosures

– Not to exceed aggregate amount of $5,000

Fine N/A if paid fine (HRS 11-410(h)) & no criminal referral (HRS §11-412(g))
E.  Fail to Report Expenditure N/A N/A $250 per schedule expenditure(s) not reported in
F.  Exceed Contribution Limit (HRS §11-426) N/A N/A $500
G.  (Noncandidate Committees – only Super PACs) Fail to Identify Top Contributors on Advertising

(HRS §11-393)

N/A Refer to HRS §11-410 (administrative fine/catch-all) 1st time → $500

2nd time → $750

3rd time & thereafter → $1,000

TERMINATION

A. Termination (HRS §11-326) N/A N/A $50
B. Ballot Issue Committees (HRS §11-327) All surplus funds not returned to contributors or donated within 90 days escheat N/A N/A
C. Disposition of Campaign Funds (HRS §11-384) All funds not returned to contributors for Candidate Committees who (1) fail to file nomination papers no later than 90 days after date on which nominations for that election shall be filed; (2) withdraw or cease to be a candidate (death or disqualification) no later than 90 days after date cease to be a candidate; (3) is subject to term limits or resigns before end of term (funds may be returned up to 4 years from date of election for which the campaign funds were received); (4) loses an election (funds may be returned up to 1 year from date of election for which the campaign funds were received) → escheat N/A N/A

OTHER

A. Electioneering Communications (HRS §11-341) N/A N/A $500 (if not file)

$250 (if not amend or deficient or file late)

B. Recordkeeping (HRS §11-324(g) & HAR §3-160-23) N/A N/A $1,000 (if not have records, receipts, bills, invoices, etc., for 5 year period)
C. (Catch-All) Hawaii Revised Statutes Chapter 11 Non-Compliance (HRS §11-410) N/A *Requires written notice & opportunity to be heard at a HRS chapter 91 hearing which person may waive

(Individual) Not to exceed $1,000 per occurrence or an amount equivalent to 3x the amount of unlawful contribution or expenditure

(Corporation, organization, association, labor union) Not to exceed $1,000 per occurrence (may hold individual directors, officers, agents of entity liable)

-May order fines (or any portion) be paid with candidate’s personal funds

-May seek contempt of court with first circuit court for failure to comply

-May refer complaint to Attorney General’s Office or Prosecutor’s Office if believe respondent may have recklessly, knowingly, or intentionally committed violation

See above for proposed administrative fines

II. CONCILIATION AGREEMENTS (for fines only – N/A to escheats) – Requires Commissioner Approval

1st time Respondents → reduce fine by 2/3

2nd time Respondents → reduce fine by 1/2

3rd time Respondents → enforce fine

*Remains w/in one category of violation (ex:  late reports)

*N/A if fine is $25 or less (and not count towards the two violations permitted by the committee to be eligible for a conciliation agreement)