Campaign Spending Commission

An electioneering communication means any advertisement that is broadcast from a cable, satellite, television, or radio broadcast station; published in any periodical or newspaper or by electronic means; or sent by mail at a bulk rate, and that:  (1) Refers to a clearly identifiable candidate; (2) Is made, or scheduled to be made, either within 30 days prior to a primary or initial special election (i.e., July 9, 2020 to August 8, 2020) or within 60 days prior to a general or special election (i.e., September 4, 2020 to November 3, 2020); and (3) Is not susceptible to any reasonable interpretation other than as an appeal to vote for or against a specific candidate.

Persons, which include an individual, a partnership, a candidate committee or noncandidate committee, a party, an association, a corporation, a business entity, an organization, or a labor union and its auxiliary committees, who make electioneering communications in an aggregate amount of more than $2,000 during any calendar year, are statutorily required to file a Statement of Information for Electioneering Communication (eSign or Writable/Printable PDF) within 24 hours of each disclosure date with the Commission.

“Disclosure date” means, for every calendar year, the first date by which a person has made expenditures during that same year of more than $2,000 in the aggregate for electioneering communications, and the date of any subsequent expenditures by that
person for electioneering communications.

For purposes of this requirement, a person shall be treated as having made an expenditure if the person has executed a contract to make the expenditure.

Covers activity for the period August 9-September 26, 2020 for candidates that filed the Final Primary Report or January 1-September 26, 2020 for candidates whose names did not appear on the Primary Election ballot but will appear only on the General Election ballot.

View reporting tracks for candidates running in the 2020 election:

https://ags.hawaii.gov/campaign/2020electionccreportingtracks/

Covers activity for the period August 9-September 26, 2020

View the full schedule of reporting dates for noncandidate committees:

https://ags.hawaii.gov/campaign/files/2019/07/NCSchedule-2020.pdf

Covers activity for the period September 27-October 19, 2020

View reporting tracks for candidates running in the 2020 election:

https://ags.hawaii.gov/campaign/2020electionccreportingtracks/

Covers activity for the period September 27-October 19, 2020

View the full schedule of reporting dates for noncandidate committees:

https://ags.hawaii.gov/campaign/files/2019/07/NCSchedule-2020.pdf

Candidate Committees

The Late Contributions Report is for reporting contributions from any person aggregating more than $500 received during the period of October 20 through October 30, 2020.  The report must be electronically filed on the Candidate Filing System (“CFS”) no later than 11:59 p.m. Hawaiian Standard Time on Monday, November 2, 2020.

The Late Contributions Report is only required if late contributions are received by the candidate or candidate committee.  Late contributions on this report will also be listed on the Final Election Period Report; however, the contribution data is only entered once in the CFS on the “Schedule A – Contributions” screen.  The report can be previewed and printed in the CFS by clicking “Preview/Print Report” and then “Special Report.”  Under the “Election Type” drop-down, select “General” and then under the “Select Report” drop-down, select “Late Contributions Report.” Click the “Preview” button to preview the report.  If you see late contributions that you entered for the October 20 through October 30, 2020 period then you are required to file the report.  To file the report, click “File Report” and then “Special Report.”  Under the “Election Type” drop-down, select “General” and then under the “Select Report” drop-down, select “Late Contributions Report.”  Click the “File Report” button to file the report.

Candidates and treasurers of candidate committees are also reminded of their acknowledgment and certification on the “Candidate Committee Electronic Filing Form” that the information on all reports electronically filed online are true, complete, and accurate.  See, Hawaii Revised Statutes §§11-321(c)(1), 11- 331(a), and 11-340(a).

Please call the Commission at (808) 586-0285 if you have any questions.

Noncandidate Committees

The Late Contributions/Expenditures Report is for reporting contributions made aggregating more than $500, reporting contributions received from any person aggregating more than $500, or reporting independent expenditures made aggregating more than $500 during the period of October 20 through October 30, 2020.  The report must be electronically filed on the Noncandidate Committee Filing System (“NCFS”) no later than 11:59 p.m. Hawaiian Standard Time on Monday, November 2, 2020.

Noncandidate committees making only independent expenditures (Super PACs) must also report additional information if a late contribution greater than $5,000 in the aggregate is received from an entity other than an individual, for-profit business entity, or labor union (see below*).  Furthermore, any expenditure that is contracted or paid for and that is to be rendered during the last three days prior to an election (October 31 through November 3, 2020) shall be included in the report.

The Late Contributions/Expenditures Report is only required if late contributions are made or received, or late expenditures are made by the noncandidate committee. Late contributions/expenditures on this report will also be listed on the Final Primary Report; however, the contribution/expenditure data is only entered once in the NCFS on the “Schedule A – Contributions Received,” “Schedule B1 – Contributions to Candidates,” or “Schedule B2 – Expenditures Made” screens.  The report can be previewed and printed in the NCFS by clicking “Preview/Print Report” and then “Late Contributions/Expenditures Report.”  Under the “Election Type” drop-down, select “General” and then under the “Select Report” drop-down, select “Late Contributions/Expenditures Report.”  Click the “Preview” button to preview the report.  If you see late contributions or late expenditures that you entered for the October 20 through October 30, 2020 period then you are required to file the report.  To file the report, click “File Report” and then “Late Contributions/Expenditures Report.”  Under the “Election Type” drop-down, select “General” and then under the “Select Report” drop-down, select “Late Contributions/Expenditures Report.”  Click the “File Report” button to file the report.

Chairpersons and treasurers of noncandidate committees are also reminded of their acknowledgment and certification on the “Noncandidate Committee Electronic Filing Form” that the information on all reports electronically filed online are true, complete, and accurate.  See, Hawaii Revised Statutes §§11-321(c)(2), 11- 331(b), and 11-340(a).

Please call the Commission at (808) 586-0285 if you have any questions.

———————————————————————————

*For noncandidate committees making only independent expenditures, if a late contribution greater than $5,000 in the aggregate is received from an entity other than an individual, for-profit business entity, or labor union, then the report shall include: (A) The internet address where the contributing entity’s disclosure report can be publicly accessed, if the contributing entity is subject to any state or federal disclosure reporting requirements regarding the source of the contributing entity’s funds; (B) The name, address, occupation, and employer of each funding source of more than $100 in the aggregate to that contributing entity; or (C) An acknowledgment that the contributing entity is not subject to any state of federal disclosure reporting requirements regarding the source of the contributing entity’s funds.

Campaign Spending Commission Office Closed

ALERT FOR CANDIDATES
At the conclusion of the General Election on November 3, 2020, candidate committees still registered with the Campaign Spending Commission (“Commission”) must continue to electronically file reports in the Candidate Filing System until their final disclosure report has no surplus or deficit, and a request to terminate is submitted to and approved by the Commission. The first report due after the General Election is the Supplemental Report covering the reporting period of November 4 through December 31, 2020. This report is due on February 1, 2021.

ALERT FOR NONCANDIDATE COMMITTEES
At the conclusion of the General Election on November 3, 2020, noncandidate committees still registered with the Campaign Spending Commission (“Commission”) must continue to electronically file reports in the Noncandidate Committee Filing System until their final disclosure report has no surplus or deficit, and a request to terminate is submitted to and approved by the Commission. The first report due after the General Election is the Supplemental Report covering the reporting period of November 4 through December 31, 2020. This report is due on February 1, 2021.

Campaign Spending Commission Office Closed

Campaign Spending Commission Office Closed

Covers activity for the period October 20-November 3, 2020
For the Kauai County candidates elected to office in the General Election who filed the Preliminary General Report.

For public fund expenditures made from January 1-November 3, 2020

Covers activity for the period October 20-November 3, 2020
For candidates that filed the Preliminary General Report.

Covers activity for the period October 20-November 3, 2020
For noncandidate committees that filed the 2nd Preliminary General Report.

Covers activity for the period January 1-November 3, 2020
Noncandidate committees whose aggregate contributions and aggregate expenditures for the election period total $1,000 or less are only required to file this report, and need not file the preliminary and final primary reports, and the preliminary general reports.

View the full schedule of reporting dates for noncandidate committees:

https://ags.hawaii.gov/campaign/files/2019/07/NCSchedule-2020.pdf

Campaign Spending Commission Office Closed

Covers activity for the period November 4-December 31, 2020 for candidates that ran in the 2020 election and July 1-December 31, 2020 for candidates that did not run in the 2020 election.

View reporting tracks for candidates running and not running in the 2020 election:

https://ags.hawaii.gov/campaign/2020electionccreportingtracks/

Covers activity for the period November 4-December 31, 2020

View the full schedule of reporting dates for noncandidate committees:

https://ags.hawaii.gov/campaign/files/2019/07/NCSchedule-2020.pdf