Campaign Spending Commission

The Commission would like to inform you of the following campaign finance bills which were passed during the 2023 legislative session:

1.  Act 4, SLH 2023 (H.B. 90)

Governor Josh Green signed H.B. 90 into law as Act 4 on March 31, 2023.  Act 4, effective upon approval, provides that all candidate and noncandidate committees must file fundraiser notices regardless of the price or suggested contribution for attending the function.

2.  Act 5, SLH 2023 (H.B. 93)

Governor Josh Green signed H.B. 93 into law as Act 5 on March 31, 2023.  Act 5, effective upon approval, provides that any candidate or noncandidate committee who fails to register with the Commission or correct their organizational report will have their name published on the Commission’s website until they comply.

3.  Act 6, SLH 2023 (H.B. 99)

Governor Josh Green signed H.B. 99 into law as Act 6 on March 31, 2023.  Act 6, effective upon approval, provides that a candidate, candidate committee, and noncandidate committee shall limit to $100 the aggregate amount of cash they may accept from a single contributor during each election period.

4.  Act 69, SLH 2023 (H.B. 97 H.D. 1 S.D. 1)

Governor Josh Green signed H.B. 97 H.D. 1 S.D. 1 into law as Act 69 on June 7, 2023.  Act 69, effective upon approval, provides that service of the Commission’s preliminary determination of probable cause orders shall be done by first class mail rather than certified mail and a courtesy copy sent by email.  Further, if sent to the address contained in the committee’s organizational report there shall be a presumption that the committee received the order within 7 business days of the order being mailed.

5.  Act 117, SLH 2023 (H.B. 1294 H.D.1 S.D. 1 C.D. 1)

Governor Josh Green signed H.B. 1294 H.D. 1 S.D. 1 C.D. 1 into law as Act 117 on June 23, 2023.  Act 117, effective upon approval, provides that if the candidate name requested to be printed on the ballot is different than the candidate’s legal name, the Office of Elections and the Commission shall include the candidate’s legal name wherever the name requested to be printed on the ballot is used.

6.  Act 118, SLH 2023 (S.B. 203 S.D. 1 H.D. 1 C.D. 1)

Governor Josh Green signed S.B. 203 S.D. 1, H.D. 1, C.D. 1 into law as Act 118 on June 23, 2023.  Act 118, effective upon approval, provides that there is a rebuttable presumption that a campaign finance violation has occurred for respondents who fail to explain or otherwise respond to complaints alleging campaign spending violations within 30 days from the mailing of the complaint.

7.  Act 119, SLH 2023 (S.B. 1189 S.D. 1 H.D. 1 C.D. 1)

Governor Josh Green signed S.B. 1189 S.D. 1 H.D. 1 C.D. 1 into law as Act 119 on June 23, 2023.  Act 119, effective January 1, 2026, provides that candidates whose name will appear on the ballot in the 2026 election, must file a preliminary primary report on February 28 of the year of a general election.

8.  Act 120, SLH 2023 (H.B. 91 H.D. 1 S.D. 1)

Governor Josh Green signed H.B. 91 H.D. 1 S.D. 1 into law as Act 120 on June 23, 2023.  Act 120, effective upon approval, provides that a person waives the right to a contested case hearing if they fail to request a contested case hearing within 30 days of receipt of the Commission’s preliminary determination of probable cause order.  Further, a final order of the Commission may be filed in First Circuit Court for confirmation as a civil judgment, enforceable and collectible as any other judgment issued in the circuit courts.

9.  Act 121, SLH 2023 (H.B. 92 S.D. 1)

Governor Josh Green signed H.B. 92 S.D. 1 into law as Act 121 on June 23, 2023.  Act 121, effective upon approval, provides that the fine for noncandidate committees making only independent expenditures (Super PACs) that have received at least one contribution of more than $10,000, or spent more than $10,000 in an election period, is increased to an amount not to exceed $5,000 for each occurrence or an amount not to exceed three times the amount of the unlawful contribution or expenditure for a campaign finance violation.  Further, if the noncandidate committee cannot pay the fine, the Commission may order that the fine be paid from the personal funds of the officers of the noncandidate committee (i.e., chairperson and/or treasurer).

10.  Act 122, SLH 2023 (H.B. 463 S.D. 1 C.D. 1)

Governor Josh Green signed H.B. 463 S.D. 1 C.D. 1 into law as Act 122 on June 23, 2023.  Act 122, effective upon approval, provides that noncandidate committees must register with the Commission by filing an Organizational Report within 10 days of receiving contributions or making expenditures of more than $500 (used to be $1,000), in the aggregate, in a 2-year election period.

11.  Act 127, SLH 2023 (S.B. 51 S.D. 1 H.D. 1 C.D. 1)

Governor Josh Green signed S.B. 51 S.D. 1 H.D. 1 C.D. 1 into law as Act 127 on June 23, 2023.  Act 127, effective July 1, 2023, provides that a noncandidate committee who:  (1) fails to comply with Organizational Report requirements is subject to a minimum fine of $1,000 per violation; (2) fails to have the proper advertisement disclaimer is subject to a fine of no less than $150 for each advertisement; or (3) fails to identify the top 3 contributors to advertisements paid by Super PACS is subject to a fine of $1,000 per violation.

12.  Act 128, SLH 2023 (S.B. 1493 S.D. 1 H.D. 1 C.D. 1)

Governor Josh Green signed S.B. 1493 S.D. 1 H.D. 1 C.D. 1 into law as Act 128 on June 23, 2023.  Act 128, effective upon approval, provides that lobbyists who are actively registered with a State or county ethics board or commission are prohibited from contributing to an elected official, candidate, candidate committee, or any other individual required to file an Organizational Report with the Commission, or making an expenditure on behalf of these persons, during any regular or special session of the legislature, and for 5 calendar days before and after a session.  Any prohibited contribution shall escheat to the Hawaii Election Campaign Fund.