Campaign Spending Commission

Campaign Spending Commission
Leiopapa A Kamehameha Building, Room 204
August 31, 2016
9:30 a.m.

Commissioners Present
Bryan Luke, Adrienne Yoshihara, Gregory Shoda, Eldon Ching, Kenneth Goodenow

Commissioners Absent
None

Staff Present
Kristin Izumi-Nitao, Tony Baldomero, Gary Kam, Sandrina Lee
Deputy Attorney General Valri Kunimoto

Call to Order
Chair Luke called the meeting to order at 9:35 a.m.

Introduction of Commissioners
Chair Luke introduced himself as well as Vice-Chair Adrienne Yoshihara, Kenneth Goodenow, Gregory Shoda, and Eldon Ching.  He then introduced Commission staff members, Executive Director Kristin Izumi-Nitao, General Counsel Gary Kam, Elections Assistant Sandrina Lee, Associate Director Tony Baldomero, and Deputy Attorney General Valri Kunimoto

Consideration of Amendments to Hawaii Administrative Rules Title 3, Chapter 3-160 (Election Campaign Contributions and Expenditures) and Chapter 3-161 (Administrative Practice and Procedure Before the Campaign Spending Commission)

Chair Luke stated that the purpose of this public hearing is to afford all interested persons an opportunity to submit data, views, or arguments, orally or in writing, to the proposed amendments to Hawaii Administrative Rules Title 3, Chapter 3-160, entitled “Election Campaign Contributions and Expenditures,” and Chapter 3-161, entitled “Administrative Practice and Procedure Before the Campaign Spending Commission.”

Chair Luke stated that on Monday, August 1, 2016, a notice of public hearing was published in the Garden Island, Maui News, West Hawaii Today, Hawaii Tribune-Herald, and Honolulu Star Advertiser newspapers.  The notice stated as follows:

Pursuant to Hawaii Revised Statutes (“HRS”) section 11-314(8) and Chapter 91, notice is hereby given that the Hawaii Campaign Spending Commission (“Commission”) will hold a public hearing on Wednesday, August 31, 2016 at 9:30 a.m. at the Leiopapa A Kamehameha Building, 235 S. Beretania Street, Room 204, Honolulu, Hawaii 96813, to hear all persons interested in the proposed amendments to Hawaii Administrative Rules (“HAR”) Title 3, Chapter 3-160, entitled “Election Campaign Contributions and Expenditures,” and Chapter 3-161, entitled “Administrative Practice and Procedure Before the Campaign Spending Commission.”  At the end of the public hearing, the Commission may make its decision or announce then the date when it intends to make its decision.

The purposes of the proposed amendments are to:  (1) Address changes in the campaign finance laws; (2) Make other non-substantive changes for the purposes of style and clarity; and (3) Housekeeping changes.

All interested persons shall be afforded the opportunity to submit data, views, or arguments, orally or in writing, at the time of the hearing.  The Commission may impose a time limit for each person presenting oral testimony at the hearing.  All persons wishing to submit written testimony are requested to submit eight (8) copies of their written testimony by Monday, August 22, 2016 to the Commission’s Office at 235 S. Beretania Street, Room 300, Honolulu, Hawaii 96813.  Testimony may be submitted by hand delivery or by mail to the Commission’s Office, facsimile at (808) 586-0288, or email at [email protected].

To view a copy of the proposed rules:  (1) Pursuant to HRS section 91-2.6, visit the Lieutenant Governor’s website at https://ltgov.hawaii.gov; (2) Visit the Commission’s website at www.hawaii.gov/campaign; (3) Visit the Commission’s Office at the address above between 7:45 a.m. and 4:30 p.m., Monday through Friday, excluding holidays, where you can also pick up a copy of the rules upon the Commission’s receipt of $5.80 for the copy; or (4) Request the proposed rules be mailed to you upon the Commission’s receipt of $9.77 for the copy and postage.

Individuals who require special needs accommodations are invited to contact the Commission at (808) 586-0285 by August 16, 2016.

Chair Luke described the procedures to be followed at the public hearing.  He instructed anyone who wanted to present oral testimony to sign up.  He announced that testimony would be received in the order in which the name appeared on the sign-up sheet.  Further, he instructed anyone who had written testimony, but did not wish to present oral testimony, to submit their testimony to Elections Assistant Sandrina Lee.

Chair Luke explained that the purpose of the hearing is to hear the public’s views and arguments regarding the proposed amendments to the Rules.  As such, the Commission would not be discussing the public’s testimony during the hearing or answering any questions which might be raised by the testifier at this time.

Chair Luke concluded that at the end of receiving public testimony, time permitting, the Commission would move toward making a decision on the proposed amendments to the rules.

Receipt of Oral or Written Testimony

Corie Tanida (Executive Director, Common Cause Hawaii) testified that it was a shame to see that the Hawaii Election Campaign funds are so low that the Commission needs to define “close to depletion” and “near depletion” in the proposed Rules.  She also inquired when the Rules would go into effect.  Lastly, she commented on how many radio ads would qualify for the “economic hardship” exemption, but added that the 30 seconds or less criteria sounded reasonable.

Commissioner Shoda thanked her for her oral testimony.  He asked if there were any other options concerning the 30 seconds or less criteria.  Ms. Tanida had none.  Chair Luke stated that most ads are under 30 seconds.  Vice Chair Yoshihara asked about the rationale for exempting these ads to which General Counsel Kam stated that the statute requires the Commission to define “economic hardship” and that the proposed Rule was a result of his discussions with the Attorney General’s Office, the Brennan Law Center in New York, and a person knowledgeable about radio/TV advertising.

Vice Chair Yoshihara commented on the wholesale striking of examples in the proposed Rules.  General Counsel Kam responded that this was done upon recommendation from the Attorney General’s Office and that there were at least 2 examples that were an incorrect application of the law.  He further added that it is unusual to see agencies incorporate examples into its Rules and advised that the Commission should address concrete facts rather than hypotheticals.  Deputy Attorney General Kunimoto added that there are no explanations that accompany the various examples so that they may be misleading.  Executive Director Izumi-Nitao commented that some of the examples are derived from prior Advisory Opinions, but that there is always the possibility that Advisory Opinions could be repealed by subsequent Commissioners or statutory changes.

Chair Luke asked Elections Assistant Lee if there was any written testimony for the Commissioners’ consideration to which she replied in the negative.

Chair Luke asked if there was anyone else who wished to present testimony.  There was none.  Chair Luke announced that the public hearing was concluded and thanked everyone for attending and participating.  He stated that the Commission would now move toward making a decision on the proposed amendments to the Rules.

Procedures After Receiving Public Hearing

Chair Luke asked staff about when the proposed Rules would be final.  General Counsel Kam responded that if the Commission decides to adopt the Rules, they will be sent to the Attorney General’s Office and the Governor’s Office for approval.  Further, the Rules would then remain at the Lieutenant Governor’s Office for a period of 10 days after approval by the Governor before becoming final.  Deputy Attorney General Kunimoto added that the Governor and his Administration has been good in reviewing the proposed Rules and getting back to the Commission.

Chair Luke called for a motion to approve the proposed Rules.  Vice Chair Yoshihara moved to adopt the proposed amendments to the Rules as presented.  The motion was seconded by Commissioner Goodenow.  Motion carried (5-0).

Adjournment

Chair Luke asked for a motion to adjourn the meeting.  Commissioner Goodenow moved to adjourn the meeting.  Motion seconded by Commissioner Shoda.  Motion carried (5-0).  Meeting adjourned at 9:50 a.m.

Next Meeting:
Scheduled for Wednesday, September 14, 2016.