Campaign Spending Commission

Campaign Spending Commission
Zoom Video Conference
January 11, 2023
10:00 a.m.

Commissioners Present
Stanley Lum, Neal Herbert, Vic Bonfiglio, Bryan Luke

Staff Present
Kristin Izumi-Nitao, Tony Baldomero, Gary Kam, Yayoi Tumamao, Janelle Tanna
Deputy Attorney General Candace Park

Guests

Cassie Ordonio, Lynne T. Waters, “facetimeuser,” Makai Freitas (joined at 10:31 a.m.), Sunshine Kuhia Smith – KITV4 IslandNews (joined at 10:35 a.m.)

Call to Order
Chair Lum called the meeting to order at 10:00 a.m.

Chair Lum went over the procedures for this meeting via Zoom and introduced the Commissioners and Commission staff who were present.  He also asked the Commissioners if anyone else was with them.  All Commissioners present stated that no one else was with them.

Consideration and Approval of Minutes of Meeting on 12/16/22
Chair Lum called for approval of the 12/16/22 meeting minutes. Vice Chair Herbert moved to approve the minutes of the 12/16/22 meeting.  Motion seconded by Commissioner Luke.  Motion carried (4-0).

New Business
Executive Director Izumi-Nitao stated that the Conciliation Agreements on the agenda were a result of an investigation initiated by Commission staff pursuant to HRS §11-314(7) to determine whether there had been a violation of the Hawaii campaign spending laws.  She stated that the Respondents have been informed in a letter from Commission staff of the violation and have been notified of today’s meeting as well as received a copy of the proposed conciliation agreements.  She recommended that the Commission make a preliminary determination of probable cause that a violation had been committed, waive further proceedings, and approve the settlement amounts stated in the proposed agreements.

*Proposed Conciliation Agreement No. 23-30 – In Re the Matter of Friends of Steve Yoder – Executive Director Izumi-Nitao explained that this proposed conciliation agreement concerns the late filing of the Final Election Period Report and requested that they assess a reduced fine from $200 to $100 as it is Respondent’s second violation.  Chair Lum asked if there were any comments or questions.

Commissioner Luke moved to approve the proposed conciliation agreement.  Motion seconded by Vice Chair Herbert.  Motion carried (4-0).

*Proposed Conciliation Agreement No. 23-31 – In Re the Matter of Team Alcos 41 – Executive Director Izumi-Nitao explained that this proposed conciliation agreement concerns the failure to file the Late Contributions Report and requested that they assess a reduced fine from $750 to $375 as it is Respondent’s second violation.  Chair Lum asked if there were any comments or questions.

Commissioner Bonfiglio moved to approve the proposed conciliation agreement.  Motion seconded by Vice Chair Herbert.  Motion carried (4-0).

*Proposed Conciliation Agreement No. 23-32 – In Re the Matter of Makai Freitas – Executive Director Izumi-Nitao explained that this proposed conciliation agreement concerns the late filing of the Final Election Period Report and requested that they assess a reduced fine from $200 to $100 as it is Respondent’s second violation.  Chair Lum asked if there were any comments or questions.

Commissioner Bonfiglio moved to approve the proposed conciliation agreement.  Motion seconded by Commissioner Luke.  Motion carried (4-0).

*Proposed Conciliation Agreement No. 23-33 – In Re the Matter of Burke 4 Aloha Team – Executive Director Izumi-Nitao explained that this proposed conciliation agreement concerns the late filing of the Final Election Period Report and requested that they assess a reduced fine from $200 to $66.67 as it is Respondent’s first violation.  Chair Lum asked if there were any comments or questions.

Vice Chair Herbert moved to approve the proposed conciliation agreement.  Motion seconded by Commissioner Luke.  Motion carried (4-0).

*Proposed Conciliation Agreement No. 23-34 – In Re the Matter of Supporters of Seashell – Executive Director Izumi-Nitao explained that this proposed conciliation agreement concerns the late filing of the Final Election Period Report and requested that they assess a reduced fine from $200 to $66.67 as it is Respondent’s first violation.  Chair Lum asked if there were any comments or questions.

Commissioner Bonfiglio moved to approve the proposed conciliation agreement.  Motion seconded by Commissioner Luke.  Motion carried (4-0).

*Proposed Conciliation Agreement No. 23-35 – In Re the Matter of Renee Cruz Campaign Race – Executive Director Izumi-Nitao explained that this proposed conciliation agreement concerns the late filing of the Final Election Period Report and requested that they assess a reduced fine from $200 to $66.67 as it is Respondent’s first violation.  Chair Lum asked if there were any comments or questions.

Commissioner Bonfiglio moved to approve the proposed conciliation agreement.  Motion seconded by Commissioner Luke.  Motion carried (4-0).

*Proposed Conciliation Agreement No. 23-36 – In Re the Matter of Tiana for Truth – Executive Director Izumi-Nitao explained that this proposed conciliation agreement concerns the late filing of the Final Election Period Report and requested that they assess a reduced fine from $50 to $16.67 as it is Respondent’s first violation.  Chair Lum asked if there were any comments or questions.

Commissioner Bonfiglio moved to approve the proposed conciliation agreement.  Motion seconded by Commissioner Luke.  Motion carried (4-0).

*Proposed Conciliation Agreement No. 23-37 – In Re the Matter of Friends of Consuelo “Liz” Anderson – Executive Director Izumi-Nitao explained that this proposed conciliation agreement concerns the late filing of the Final Election Period Report and requested that they assess a reduced fine from $200 to $66.67 as it is Respondent’s first violation.  Chair Lum asked if there were any comments or questions.

Commissioner Bonfiglio moved to approve the proposed conciliation agreement.  Motion seconded by Commissioner Luke.  Motion carried (4-0).

*Proposed Conciliation Agreement No. 23-38 – In Re the Matter of Friends of Clyde McClain Lewman aka Mac Lewman – Executive Director Izumi-Nitao explained that this proposed conciliation agreement concerns the late filing of the Final Election Period Report and requested that they assess a reduced fine from $200 to $100 as it is Respondent’s second violation.  Chair Lum asked if there were any comments or questions.

Commissioner Bonfiglio moved to approve the proposed conciliation agreement.  Motion seconded by Commissioner Luke.  Motion carried (4-0).

*Proposed Conciliation Agreement No. 23-39 – In Re the Matter of Friends of Z. Ka’apana Aki – Executive Director Izumi-Nitao explained that this proposed conciliation agreement concerns the late filing of the Final Election Period Report and requested that they assess a reduced fine from $200 to $66.67 as it is Respondent’s first violation.  Chair Lum asked if there were any comments or questions.

Commissioner Bonfiglio moved to approve the proposed conciliation agreement.  Motion seconded by Commissioner Luke.  Motion carried (4-0).

*Proposed Conciliation Agreement No. 23-40 – In Re the Matter of Vote For Carol Lee Kamekona – Executive Director Izumi-Nitao explained that this proposed conciliation agreement concerns the late filing of the Final Election Period Report and requested that they assess a reduced fine from $200 to $66.67 as it is Respondent’s first violation.  Chair Lum asked if there were any comments or questions.

Commissioner Bonfiglio moved to approve the proposed conciliation agreement.  Motion seconded by Commissioner Luke.  Motion carried (4-0).

*Proposed Conciliation Agreement No. 23-41 – In Re the Matter of Friends of Kaleiaina – Executive Director Izumi-Nitao explained that this proposed conciliation agreement concerns the late filing of the Final Election Period Report and requested that they assess a reduced fine from $200 to $66.67 as it is Respondents’ first violation.  Chair Lum asked if there were any comments or questions.

Commissioner Bonfiglio moved to approve the proposed conciliation agreement.  Motion seconded by Commissioner Luke.  Motion carried (4-0).

*Docket No. 23-24 – In Re the Matter of Ryan Malish and 808Ryan4Senate – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Respondents for failing to file the 1B Preliminary Primary Report, 2nd Preliminary Primary Report, Final Primary Report, and Final Election Period Report.

She reported that in the Organizational Report filed with the Commission, Respondent Malish is the candidate and treasurer of the candidate committee called 808Ryan4Senate.

Pursuant to HRS §11-334(a)(1)(B), Respondents were required to file the 1B Preliminary Primary Report for the period covering 1/1/22 through 6/30/22 by 11:59 p.m. Hawaii standard time on 7/14/22.  Respondents did not file the report by the deadline.

On 7/15/22, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

On 7/22/22, Commission staff attempted to phone Respondent Malish at the phone number listed on his Organizational Report, but his voicemail was full.

Pursuant to HRS §11-334(a)(1)(C), Respondents were required to file the 2nd Preliminary Primary Report for the period covering 7/1/22 through 7/29/22 by 11:59 p.m. Hawaii standard time on 8/3/22.  Respondents did not file the report by the deadline.

On 8/4/22, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

Pursuant to HRS §11-334(a)(2), Respondents were required to file the Final Primary Report for the period covering 7/30/22 through 8/13/22 by 11:59 p.m. Hawaii standard time on 9/2/22.  Respondents did not file the report by the deadline.

On 9/5/22, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

Pursuant to HRS §11-334(a)(3), Respondents were required to file the Final Election Period Report for the period covering 8/14/22 through 11/8/22 by 11:59 p.m. Hawaii standard time on 12/8/22.  Respondents did not file the report by the deadline.

On 12/9/22, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

Respondents have not filed the 1B Preliminary Primary Report, the 2nd Preliminary Primary Report, the Final Primary Report, and the Final Election Period Report.

On 12/29/22, Commission staff sent Respondents a copy of the complaint and set the matter on the 1/11/23 Commission agenda.

Executive Director Izumi-Nitao recommended that the Commission make a preliminary determination, pursuant to HRS §11-405(a), that probable cause exists to believe that a violation of the campaign spending law has been committed, assess an administrative fine of $500 for failing to file the 1B Preliminary Primary Report, $500 for failing to file the 2nd Preliminary Primary Report, $500 for failing to file the Final Primary Report, and $500 for failing to file the Final Election Period Report (i.e., $2,000); order that the fines be paid from the candidate’s personal funds if the candidate committee’s funds are insufficient to pay the fines; order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-410(e); and order that Respondents file all the aforementioned reports within 2 weeks of receipt of this order.

Vice Chair Herbert asked if a conciliation agreement was involved.  Executive Director Izumi-Nitao responded that there was no discussion of a conciliation agreement because there was no communication from Respondent Malish.

Commissioner Luke moved to make a preliminary determination that probable cause exists that a violation had been committed and to accept the fine and terms stated in the complaint.  Motion seconded by Vice Chair Herbert.  Motion carried (4-0).

*Docket No. 23-25 – In Re the Matter of Chris Toafili and Chris Toafili – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Respondents for failing to file the 1B Preliminary Primary Report, 2nd Preliminary Primary Report, Final Primary Report, and Final Election Period Report.

She reported that in the Organizational Report filed with the Commission, Respondent Toafili is the candidate and treasurer of the candidate committee called Chris Toafili.

Pursuant to HRS §11-334(a)(1)(B), Respondents were required to file the 1B Preliminary Primary Report for the period covering 1/1/22 through 6/30/22 by 11:59 p.m. Hawaii standard time on 7/14/22.  Respondents did not file the report by the deadline.

On 7/15/22, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

On 7/21/22, Commission staff left a voicemail for Respondent Toafili letting him know that his 1B Preliminary Primary Report was past due and his next report is due on 8/3/22.

Pursuant to HRS §11-334(a)(1)(C), Respondents were required to file the 2nd Preliminary Primary Report for the period covering 7/1/22 through 7/29/22 by 11:59 p.m. Hawaii standard time on 8/3/22.  Respondents did not file the report by the deadline.

On 8/4/22, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

Pursuant to HRS §11-334(a)(2), Respondents were required to file the Final Primary Report for the period covering 7/30/22 through 8/13/22 by 11:59 p.m. Hawaii standard time on 9/2/22.  Respondents did not file the report by the deadline.

On 9/5/22, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

Pursuant to HRS §11-334(a)(3), Respondents were required to file the Final Election Period Report for the period covering 8/14/22 through 11/8/22 by 11:59 p.m. Hawaii standard time on 12/8/22.  Respondents did not file the report by the deadline.

On 12/9/22, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.

Respondents have not filed the 1B Preliminary Primary Report, the 2nd Preliminary Primary Report, the Final Primary Report, and the Final Election Period Report.

On 12/29/22, Commission staff sent Respondents a copy of the complaint and set the matter on the 1/11/23 Commission agenda.

Executive Director Izumi-Nitao recommended that the Commission make a preliminary determination, pursuant to HRS §11-405(a), that probable cause exists to believe that a violation of the campaign spending law has been committed, assess an administrative fine of $500 for failing to file the 1B Preliminary Primary Report, $500 for failing to file the 2nd Preliminary Primary Report, $500 for failing to file the Final Primary Report, and $500 for failing to file the Final Election Period Report (i.e., $2,000); order that the fines be paid from the candidate’s personal funds if the candidate committee’s funds are insufficient to pay the fines; order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-410(e); and order that Respondents file all the aforementioned reports within 2 weeks of receipt of this order.

Vice Chair Herbert moved to make a preliminary determination that probable cause exists that a violation had been committed and to accept the fine and terms stated in the complaint.  Motion seconded by Commissioner Luke.  Motion carried (4-0).

*Docket No. 23-26 – In Re the Matter of Charles Keoho and Keoho4Hawaii – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Respondents for failing to file the Final Election Period Report.

She reported that in the Organizational Report filed with the Commission, Respondent Keoho is the candidate and treasurer of the candidate committee called Keoho4Hawaii.

Pursuant to HRS §11-334(a)(3), Respondents were required to file the Final Election Period Report for the period covering 1/1/22 through 11/8/22 by 11:59 p.m. Hawaii standard time on 12/8/22.  Respondents did not file the report by the deadline.  Pursuant to HRS §11-339, Respondent Keoho is a candidate whose aggregate contributions and aggregate expenditures for the election period total $1,000 or less, and therefore, needed to only file the Final Election Period Report.

On 12/9/22, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.  Respondents have not filed the Final Election Period Report.

On 12/29/22, Commission staff phoned Respondent Keoho and left a voicemail informing him that if he does not file the report, a complaint will be filed.

On 1/3/23, Commission staff sent Respondents a copy of the complaint and set the matter on the 1/11/23 Commission agenda.

Executive Director Izumi-Nitao recommended that the Commission make a preliminary determination, pursuant to HRS §11-405(a), that probable cause exists to believe that a violation of the campaign spending law has been committed, assess an administrative fine of $500 for failing to file the Final Election Period Report; order that the fine be paid from the candidate’s personal funds if the candidate committee’s funds are insufficient to pay the fine; order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-410(e); and order that Respondents file the aforementioned report within 2 weeks of receipt of this order.

Vice Chair Herbert moved to make a preliminary determination that probable cause exists that a violation had been committed and to accept the fine and terms stated in the complaint.  Motion seconded by Commissioner Luke.  Motion carried (4-0).

*Docket No. 23-27 – In Re the Matter of Aram Armstrong and Friends of Aram Armstrong – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Respondents for failing to file the Final Election Period Report.

She reported that in the Organizational Report filed with the Commission, Respondent Armstrong is the candidate and treasurer of the candidate committee called Friends of Aram Armstrong.

Pursuant to HRS §11-334(a)(3), Respondents were required to file the Final Election Period Report for the period covering 8/14/22 through 11/8/22 by 11:59 p.m. Hawaii standard time on 12/8/22.  Respondents did not file the report by the deadline.

On 12/9/22, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.  Respondents have not filed the Final Election Period Report.

On 12/29/22, Commission staff phoned Respondent Armstrong to follow up and informed him that if he does not file the report, a complaint will be filed.  Respondent Armstrong stated that he will file the report.  However, he has not filed the report.

On 1/3/23, Commission staff sent Respondents a copy of the complaint and set the matter on the 1/11/23 Commission agenda.

Executive Director Izumi-Nitao recommended that the Commission make a preliminary determination, pursuant to HRS §11-405(a), that probable cause exists to believe that a violation of the campaign spending law has been committed, assess an administrative fine of $500 for failing to file the Final Election Period Report; order that the fine be paid from the candidate’s personal funds if the candidate committee’s funds are insufficient to pay the fine; order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-410(e); and order that Respondents file the aforementioned report within 2 weeks of receipt of this order.

Vice Chair Herbert moved to make a preliminary determination that probable cause exists that a violation had been committed and to accept the fine and terms stated in the complaint.  Motion seconded by Commissioner Luke.  Motion carried (4-0).

*Docket No. 23-28 – In Re the Matter of Daniel Wade and Friends of Dan Wade – Executive Director Izumi-Nitao reported that a complaint by the Executive Director had been filed against Respondents for failing to file the Final Election Period Report.

She reported that in the Organizational Report filed with the Commission, Respondent Wade is the candidate and treasurer of the candidate committee called Friends of Dan Wade.

Pursuant to HRS §11-334(a)(3), Respondents were required to file the Final Election Period Report for the period covering 8/14/22 through 11/8/22 by 11:59 p.m. Hawaii standard time on 12/8/22.  Respondents did not file the report by the deadline.

On 12/9/22, Commission staff notified Respondents via first class mail of their failure to file the report and that a fine would be imposed.  Respondents have not filed the Final Election Period Report.

On 12/29/22, Commission staff called Respondent Wade to ask him to file his Final Election Period Report.  Respondent Wade told Commission staff that he did not have any activity.  Commission staff told him he still needed to file the report.

On 1/3/23, Commission staff sent Respondents a copy of the complaint and set the matter on the 1/11/23 Commission agenda.

Executive Director Izumi-Nitao recommended that the Commission make a preliminary determination, pursuant to HRS §11-405(a), that probable cause exists to believe that a violation of the campaign spending law has been committed, assess an administrative fine of $500 for failing to file the Final Election Period Report; order that the fine be paid from the candidate’s personal funds if the candidate committee’s funds are insufficient to pay the fine; order that any and all administrative penalties be deposited into the general fund pursuant to HRS §11-410(e); and order that Respondents file the aforementioned report within 2 weeks of receipt of this order.

Commissioner Bonfiglio moved to make a preliminary determination that probable cause exists that a violation had been committed and to accept the fine and terms stated in the complaint.  Motion seconded by Vice Chair Herbert.  Motion carried (4-0).

Old Business
*Docket No. 22-16 – Christian West v. [Vicky] Cayetano and Docket No. 22-17 – Christian West v. Victory Calls 2022 – General Counsel Kam reported that the complaints in these cases were filed by Christian West on 5/31/22 against Respondents Vicky Cayetano (Docket No. 22-16) and Victory Calls 2022 (Docket No. 22-17), a noncandidate committee making only independent expenditures.  The complaints, which contain identical allegations, alleged that Respondents engaged in coordinated activity in connection with two advertisements paid for by Victory Calls 2022 in violation of HRS §11-363.  The complaints sought a referral for prosecution as a remedy.

The complaints alleged that Respondent Vicky Cayetano paid for opposition research against Josh Green, one of her Democratic gubernatorial opponents in the primary election.  Complainant West somehow obtained a copy of six pages of Respondent Cayetano’s opposition research book.  Complainant West provided copies of these pages of the opposition research to Commission staff.  Respondent Cayetano confirmed that the material provided to Commission staff were indeed copies of pages from the opposition research book on Josh Green that her campaign paid for.

The complaints alleged that Respondents must have coordinated Respondent Victory Calls 2022’s expenditures for advertisements opposing candidate Josh Green simply because the advertisements contained information about Green which were contained in the opposition research paid for by Respondent Cayetano.  The complaints essentially brought two claims or counts against Respondents.

Count I alleged that Respondents coordinated the expenditures of Respondent Victory Calls 2022 for the payment of the television advertisement featuring “Da Braddahs,” which called into question Josh Green’s medical credentials (i.e., not board certified) and ran in May 2022.  Count II alleged that Respondents coordinated the expenditures of Respondent Victory Calls 2022 for the payment of the print advertisement which ran in the Honolulu Star-Advertiser on 5/29/22.  That advertisement contained material that was also in the opposition research materials paid for by Respondent Cayetano (i.e., Green violated the Ethics Code, Green helped a company that over-billed the city, and Green is the first Lieutenant Governor to hold part-time jobs).

For the reasons discussed in staff’s confidential recommendations to the Commissioners, General Counsel Kam stated that the staff recommends the Commission dismiss Count I as there is no evidence of coordination between the Respondents for the television advertisement.  As to Count II, staff recommends that the Commission make a finding that probable cause exists to believe that Respondents violated HRS §11-363(a) by failing to treat Respondent Victory Calls 2022’s expenditures for the 5/29/22 print advertisement as a contribution to Respondent Cayetano subject to the limits provided in HRS §11-357(a)(3), and an expenditure made by Respondent Cayetano.

In the Preliminary Primary Report for the reporting period of 2/27/22 to 7/29/22, Respondent Victory Calls 2022 reported an expenditure in the amount of $30,157.20 made to the Honolulu Star-Advertiser on 5/18/22 for “newspaper print ad/oppose Green, Josh.”  Since this expenditure was coordinated with Respondent Cayetano’s campaign, the expenditure must be considered a contribution to Respondent Cayetano subject to the limits contained in HRS §11-357(a)(3).  The contribution limit applicable to Respondent Cayetano during the 2022 election period was $6,000.  Thus, the contribution from Respondent Victory Calls 2022 to Respondent Cayetano exceeded the limit by $24,157.20.

General Counsel Kam stated that staff recommends the Commission assess an administrative fine against Respondents in the amount of $1,000.  Staff also recommends that the Commission order Respondent Cayetano escheat the excess amount, if those funds exist, to the Hawaii Election Campaign Fund pursuant to HRS §11-364(a).

General Counsel Kam further stated that any contributions received by Respondent Victory Calls 2022 after 5/29/22 were subject to the limits provided in HRS §11-358 or $1,000 per election (primary and general) because the expenditures for the advertisement were not independent.  The following contributions were received by Respondent Victory Calls 2022 after 5/29/22, and resulted in excess contributions:

• Contributions from Daniel Delbrel in the total amount of $30,000 during the primary election period resulted in excess contribution of $29,000.
• Contribution from Wallace K. Tsuha in the amount of $5,000 during the primary election period resulted in excess contribution of $4,000.
• Contribution from Charlyn H. Masini in the amount of $7,000 during the primary election period resulted in excess contribution of $6,000.

General Counsel Kam stated that staff recommends the Commission assess against Respondent Victory Calls 2022, administrative fines in the amount of $1,000 for Delbrel’s excess contribution, $750 for Tsuha’s excess contribution, and $1,000 for Masini’s excess contribution.  Staff also recommends that the Commission order Respondent Victory Calls 2022 escheat the excess amounts, if those funds exist, to the Hawaii Election Campaign Fund pursuant to HRS §11-364(a).

Commissioner Luke moved to dismiss Count I of the complaints.  Motion seconded by Vice Chair Herbert.  Motion carried (4-0).

Vice Chair Herbert moved to make a preliminary determination that probable cause exists that a violation had been committed and to accept the fines and terms as recommended by Commission staff.  Motion seconded by Commissioner Luke.  Motion carried (4-0).

*Consideration, Discussion, Approval, and/or Update of Commission Legislation and Other Campaign Finance Related Bills/Resolutions for the 2023 Legislative Session  – Executive Director Izumi-Nitao reported that Commission staff met with legislative leaders to discuss the Commission’s proposed bills.  They met with Representative David Tarnas (JHA) and Senator Karl Rhoads (JDC) on 12/19/22; Senator Donovan Dela Cruz (WAM) and Senator Angus McKelvey (GVO) on 12/20/22; Representative Amy Perruso on 12/22/22; House Speaker Scott Saiki and Representative Scot Matayoshi (LGO) on 12/28/22; Senate President Ron Kouchi on 12/29/22; and Representative Kyle Yamashita (FIN) on 12/30/22.  Executive Director Izumi-Nitao further reported that informational budget briefings have been scheduled on 1/12/23 with the House Committee on Finance and on 1/17/23 with the Senate Committee on Ways and Means.

Report from the Executive Director
*Report on Compliance of Filing Timely Disclosure Reports – Executive Director Izumi-Nitao reported that the next disclosure report for candidate and noncandidate committees is the Supplemental Report due on 1/31/23.  775 committees are expected to file this report.  She further reported that as of today, 8 candidates have not filed the Final Election Period Report which was due on 12/8/22.  They were addressed earlier in this meeting or are currently with the AG-CRD for collection proceedings.

*Presentation and Discussion of January 2023 CSC Newsletter – Executive Director Izumi-Nitao went over the January newsletter and stated that the target distribution date is on 1/13/23.  The newsletter will be distributed via eBlast and will be posted on the Commission’s website.

*Update on the Certification Process of Candidates Elected in the 2022 Election – Associate Director Baldomero reported that Commission staff will complete the certification process this week.  He further reported that candidates who were successful in the Senate and House races will be sworn-in to office on 1/18/23.

*Report on the 2022 Election – Associate Director Baldomero reported the following:

• There were 368 candidates who ran for 115 seats that were up for election out of 128 elective seats in the State of Hawaii and its four counties.
• 12 incumbent candidates ran unopposed.
• 28 seats were open (i.e., there was no incumbent running in those races due to term limits, the incumbent vacated the office, or due to reapportionment).

Some of the key points of this election include the following:

• 78 out of the 89 incumbent candidates who ran for reelection were successful.
• 28 candidates won open seats with 18 of those candidates never holding elected office before.
• Total amount of contributions received by candidates in the 2022 election was about $20 million. Top 2 candidates receiving the most contributions were Governor candidate Josh Green and Lt. Governor candidate Sylvia Luke.
• Total amount of expenditures spent by candidates in the 2022 election was about $23.5 million. Top 2 candidates making the most expenditures were Governor candidates Josh Green and Vicky Cayetano.
• Top 2 candidates receiving the most loans were Governor candidate Vicky Cayetano and Lt. Governor candidate Keith Amemiya.
• Top 2 candidates receiving the most support from independent expenditures were Lt. Governor candidate Ikaika Anderson and Governor candidate Josh Green.
• Top 2 candidates receiving the most opposition from independent expenditures were Lt. Governor candidate Sylvia Luke and Governor candidate Josh Green.
• 172 out of the 368 candidates who ran in the 2022 election filed the Affidavit to voluntarily agree with the expenditure limit set for their office and 40 candidates filed the Statement to notify the Commission of their intent to seek partial public funding.
• 15 candidates received a combined total of $71,878.29 in partial public funding with the most going to Maui County Council candidate Yuki Lei Sugimura totaling $10,695 followed by Kauai County Council candidate Melvin Rapozo totaling $10,415. 6 out of the 15 candidates who received public funds won their races (Micah Aiu, Rose Martinez, Melvin Rapozo, Keani Rawlins-Fernandez, Yuki Lei Sugimura, and Mahina Poepoe).
• 358 fundraisers were held in 2022 which is an increase of 192 fundraisers from the 166 fundraisers that were held in 2020. 28 out of the 358 fundraisers were held virtually via Zoom in 2022 compared to the 73 out of the 110 fundraisers that were held virtually via Zoom or Facebook Live in 2020 resulting from the pandemic.

Chair Lum asked if there were any questions or comments.  There were none.

Chair Lum asked for a motion to adjourn this meeting.  Commissioner Bonfiglio moved to adjourn.  Motion seconded by Vice Chair Herbert.  Motion carried (4-0).  Meeting adjourned at 11:00 a.m.

Next Meeting:
Scheduled for Wednesday, February 8, 2023, at 10 a.m.