Electioneering Communications

Special Election for Kauai Prosecuting Attorney

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., November 18, 2021 to December 18, 2021) or within 60 days prior to a general or special election (i.e., December 28, 2021 to February 26, 2022); 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.  Once you file this Statement, you must continue to file additional Statements for all future electioneering communications even if the amount is under $2,000 because your committee met the threshold with the previous Statement filings.

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.

Check out the Electioneering Communication Flow Chart to see if you need to file a Statement of Information for the Special Election.

Statement of Information filings are available here:

2022 Election

Beginning in the 2022 primary election, filing a Statement of Information for Electioneering Communication does not apply to candidate or candidate committees.

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, and that:  (1) Refers to a clearly identifiable candidate; (2) Is made, or scheduled to be made, either within 30 days before a primary or initial special election (i.e., July 14, 2022 to August 13, 2022) or within 60 days before a general or special election (i.e., September 9, 2022 to November 8, 2022); 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 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 $1,000 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 $1,000 in the aggregate for electioneering communications.  Once a Statement is filed to disclose electioneering communications of more than $1,000 in the aggregate, no further Statements are required to be filed, no matter how much more money is spent on political advertisements in the same calendar year.

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.

Check out the Electioneering Communication Flow Chart to see if you need to file a Statement of Information for the 2022 Election.

Statement of Information filings are available here: