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

Approved November 8, 2023

SCHEDULE OF FINES¹

	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. (Candidate Committees) Organizational Report (HRS §§11-321 & 322) 1 – Not File 2 – Late File or Not Amend/Correct (within 10 days)	N/A	*Publish on Commission’s website names of candidate committees that fail to file or amend/correct a report (HRS §11-322(c))	1 – $100 2 – $50
C. (Noncandidate Committees) Organizational Report (HRS §§11-321 & 323) 1 – Not File 2 – Late File 3 – Not Amend/Correct (within 10 days) or Contain Right Information	N/A	3 – $1,000/violation *Publish on Commission’s website names of noncandidate committees that fail to file or amend/correct a report (HRS §11-323(d))	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); $200/day thereafter provided that in aggregate, the fine shall not 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*Publish on Commission’s website names of candidate committees and noncandidate committees that fail to file (HRS §11-340(f))	1 – 1^st time → $500 2^nd time → $750 3^rd time → $1,000 2 – Fine N/A if paid fine (HRS §11-410(h)) & no criminal referral (HRS §11-412(g))
(Candidate & Noncandidate Committees) Reports Due 10 Days Before an Election (HRS §11-340(c)) 1 – Not File 2 – Late File	N/A	1 – N/A 2 – Not to exceed $300/day provided that in aggregate, the fine shall not 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 – 1^st time → $500 2^nd time → $750 3^rd time → $1,000 2 – Fine N/A if paid fine (HRS §11-410(h)) & no criminal referral (HRS §11-412(g))
(Candidate & Noncandidate Committees) 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(c)) 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))	N/A	Requires notification to Candidate Committee by first class mail – $50/day (first 7 days beginning after 15^th day after notice); Not to exceed $200/day thereafter – Minimum fine is $200 for report not corrected after 18^th day – Fine not to exceed 25% of total amount of contributions/expenditures (whichever is greater) for the period covered by the report Publish on Commission’s website names of candidate committees and noncandidate committees that fail to correct a report within 2 weeks from the notice to correct (HRS §11-340(f))	N/A
C. False Reports	N/A	HRS §11-412(b) – any person who knowingly or intentionally falsifies any report required with the intent to circumvent the law or deceive the Commission shall be guilty of a class C felony → needs a criminal referral NOTE: HRS §710-1079 Prosecutors can charge a class C felony of making a false, fictitious, or fraudulent claim against the State/county	1^st time → $500 2^nd time → $750 3^rd time → $1,000

CONTRIBUTIONS
A. Failure to Timely Deposit Contributions (HAR §3-160-30) *7 days to deposit upon receipt	N/A	N/A	1^st time → $25 2^nd time → $35 3^rd time → $50
B. Fail to File Fundraiser Notice (HRS §11-342)	N/A	N/A	1^st time → $25 2^nd time → $75 3rd time & thereafter → $150
*C. Fundraiser During a Prohibited Period (HRS §11-342(c)) (Elected Officials Only)**	N/A	N/A	See Excess/Prohibited Contribution Schedule (last revised 11/8/2023)
D. 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
E. Anonymous Contribution (HRS §11-353)	All anonymous contributions escheat. (unless committee is able to identify the contributor, then return to the contributor) *N/A to calabash bowls (less than $100 from 10 or more persons at same political function)	N/A
F. State/County Contractors’ Ban on Contributions (HRS §11-355)	N/A	N/A	$1,000 (against contributor only where no involvement by candidate)
G. Foreign Contributions (HRS §11-356)	N/A	N/A	$1,000 per contribution
H. 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/Prohibited Contribution Schedule (last revised 11/8/2023)
I. Nonresident Contributions (HRS §§11-362 & 364)	Return excess nonresident contributions within 30 days after the general election, then escheat if not returned	N/A	See Excess/Prohibited Contribution Schedule (last revised 11/8/2023) (fine against candidate committees)
J. Fail to Report Contribution	N/A	N/A	$250 per schedule contribution(s) not reported in *If transaction involves an in-kind expenditure involving an offset in Schedule A, fine is $250 (not doubled to $500) because it’s the same transaction
K. Exceed Cash Contribution Limit of $100 (HRS §11-351(b))	N/A	N/A	See Excess/Prohibited Contribution Schedule (last revised 11/8/2023)
L. Lobbyist Contributions During a Prohibited Period (HRS §11-365)	Escheat contribution	N/A	See Excess/Prohibited Contribution Schedule (last revised 11/8/2023)

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/Prohibited Contribution Schedule (last revised 11/8/2023) + personal reimbursement (HRS §11-409)
B. Prohibited Use of Campaign Funds (HRS §11-382)	N/A	N/A	50% of prohibited amount up to $1,000 + personal reimbursement (HRS §11-409)
C. (Public Funding) Public Financing – Improper Expenditures (HRS §11-434(d))	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. (Candidate Committees) Advertisements (HRS §11-391)	N/A	$25/advertisement that lacks required disclosures – Not to exceed aggregate amount of $5,000 1^st time → $25 2^nd time → $100 3^rd time → $500 4^th time → to be determined by the Commission	Fine N/A if paid fine (HRS §11-410(h))
E. (Noncandidate Committees) Advertisements (HRS §11-391)	N/A	$150 per advertisement that lacks required disclosures or provides prohibited information	Fine N/A if paid fine (HRS §11-410(h))
F. Fail to Report Expenditure	N/A	N/A	$250 per schedule expenditure(s) not reported in *If transaction involves an in-kind contribution involving an offset in Schedule B, fine is $250 (not doubled to $500) because it’s the same transaction it to $500)
G. Exceed Expenditure Limit (HRS §11-426)	N/A	N/A	1^st time → $500 2^nd time → $750 3^rd time → $1,000
H. (Noncandidate Committees – only Super PACs) Fail to Identify Top Contributors on Advertising (HRS §11-393)	N/A	$1,000 per violation (HRS §11-393(d))	N/A

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	$50 (fail to terminate)
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	$50 (fail to terminate)

OTHER
A. (Noncandidate Committees) Electioneering Communications (HRS §11-341)	N/A	N/A	$500 (if not file) $250 (if not amend or deficient or file late)
B. Failure to Name Candidate Supported or Opposed (HRS §11-335(b)(3); HRS §11- 338(b)(6) & (c)(3); HRS §11-341(b)(5))	N/A	N/A	1^st time → $25 per candidate 2^nd time → $35 per candidate 3^rd time → $50 per candidate
C. 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)
D. (Catch-All) Hawaii Revised Statutes Chapter 11 Non-Compliance (HRS §11-410(a)(1))	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 (HRS §11-410(c)) -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
E. (Noncandidate Committees – only Super PACs who have received at least one $10K contribution or more OR made expenditures of more than $10K in the aggregate) (Catch-All) Hawaii Revised Statutes Chapter 11 Non-Compliance (HRS §11-410(a)(2))	N/A	*Requires written notice & opportunity to be heard at a HRS chapter 91 hearing which person may waive Not to exceed $5,000 for each occurrence or an amount equivalent to 3x the amount of unlawful contribution or expenditure (Corporation, organization, association, labor union) Violation may be deemed to be also that of the individual directors, officers, or agents of the entity who have knowingly authorized, ordered, or done any of the acts constituting the violation -May order fines (or any portion) be paid with the funds of the noncandidate committee, and if the noncandidate committee cannot pay, the Commission may order that the fine be paid from the committee’s officers (HRS §11-410(c)) -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
F. Solicitation of Contributions from Reports (HRS §11-344)	N/A	N/A	$1,000
G. (Noncandidate Committee with 501(c)(4) Donors) Failure to Report $10K Donations (HRS §11-335(b)(8))	N/A	N/A	$250 per schedule donation(s) not reported in

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

1^st time Respondents → reduce fine by 2/3
2^nd time Respondents → reduce fine by 1/2
3^rd time Respondents → enforce fine

*Remains w/in one category of violation (i.e., late reports; excess contributors; advertisement disclaimers; electioneering communications; excess non-resident contributions)

*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)

III. CRIMINAL ACTIVITY (HRS §708-835.65; HRS §§710-1079 & 1080)

Misuse of campaign committee funds → criminal fraud (class B felony)

False name contributions → criminal fraud (class B felony)

False loans → criminal fraud (class B felony)

Public funding applications with false name contributors to qualify for public funding → criminal fraud (class B felony) or criminal false, fictitious, or fraudulent claim (class C felony)

*If the Commission believes that there has been criminal activity, the Commission will inform the authorities for criminal investigation and prosecution.

*NOTE: This is not meant to be an exhaustive list, but serves as a guide as to what campaign finance violations may constitute criminal activity.

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¹ Hawaii Administrative Rules (“HAR”) §3-160-73

Campaign Spending Commission