CSC Newsletter – January 2024, Vol. 30, No. 1

Posted in Newsletter

REMINDER TO ALL COMMITTEES TO FILE THE SUPPLEMENTAL REPORT

The next report for all committees is the Supplemental Report covering the period July 1, 2023 to December 31, 2023.  This report must be electronically filed on your respective filing systems (i.e., candidate filing system (CFS) or noncandidate committee filing system (NCFS)) no later than 11:59 p.m. Hawaiian standard time on Wednesday, January 31, 2024.

Failure to file this report by the deadline will result in a fine and, if you are a candidate committee or noncandidate committee, your committee’s name will be posted on the Commission website under “Candidate Committees That Failed to File or Correct a Report” or “Noncandidate Committees That Failed to File or Correct a Report.”  Moreover, if a fine is assessed against your committee and you fail to timely pay it, Commission staff will issue a complaint against your committee and set it for consideration at the next public Commission meeting.  Therefore, we encourage all committees to timely file their reports.

As a reminder, committees do not have to wait until the January 31st deadline to file the report.  The reporting period for the Supplemental Report ended on December 31st so the report can be filed as early as January 1st, but no later than January 31st.

REPORTING SCHEDULES

New reporting schedules have been posted on our website and are provided via the link below for your convenience to track upcoming reporting deadlines.  The reporting schedules are also available in the Commission’s downloadable calendar and can be downloaded to your digital calendar on your computer or mobile device.

The Commission will add the necessary reports to your reporting schedule in your respective electronic filing system (CFS and NCFS).  These reports must be electronically filed no later than 11:59 p.m. Hawaiian standard time on the day of the deadline.  You may also want to consider filing the reports early to avoid penalties because the reporting deadline is always a few days or weeks after the reporting period has closed.

Your reporting schedule will depend on which of the three (3) options below your committee falls under or qualifies for.  Please be sure to select the appropriate option.

OPTION 1:  If you are a candidate committee NOT running in the 2024 election, you will be required to file these reports no later than 11:59 p.m. Hawaiian standard time on the following dates:

  • Supplemental Report covering the period July 1, 2023 to December 31, 2023 (due on January 31, 2024);
  • Supplemental Report covering the period January 1, 2024 to June 30, 2024 (due on July 31, 2024); and
  • Supplemental Report covering the period July 1, 2024 to December 31, 2024 (due on January 31, 2025).

Failure to file these reports by the deadline will result in a fine and the posting of your committee’s name on the Commission website under “Candidate Committees That Failed to File or Correct a Report”.  Moreover, if a fine is assessed against your committee and you fail to timely pay it, Commission staff will issue a complaint against your committee and set it for consideration at the next public Commission meeting.  Therefore, we encourage all committees to timely file their reports and pay any fines.

Lastly, please remember that when you electronically file your reports with the Commission, candidates and treasurers are certifying that the information contained in the filed reports are true, complete, and accurate.  Therefore, it is strongly advised that you verify and validate your reports before you file them since the Commission will rely on the electronically filed information which could generate an inquiry/investigation if inaccurate.

OPTION 2:  If you are a candidate committee running in the 2024 election, unless you have declared by the July 1, 2024 deadline that you do not intend to receive or spend more than $1,000 in the 2024 election, the number of PRIMARY ELECTION reports you will be required to file will depend on whether you file nomination papers before or after April 25, 2024 and if you will be on the Primary Election ballot.

If you file nomination papers by April 25, 2024 and you will be on the Primary Election ballot, at a minimum, you will be required to file these reports no later than 11:59 p.m. Hawaiian standard time on the following dates:

  • 1A Preliminary Primary Report covering the period January 1, 2024 to April 25, 2024 (due on April 30, 2024);
  • 1B Preliminary Primary Report covering the period April 26, 2024 to June 30, 2024 (due on July 11, 2024);
  • 2nd Preliminary Primary Report covering the period July 1, 2024 to July 26, 2024 (due on July 31, 2024); and
  • Final Primary Report covering the period July 27, 2024 to August 10, 2024 (due on August 30, 2024).

If you file nomination papers after April 25, 2024 and you will be on the Primary Election ballot, at a minimum, you will be required to file these reports no later than 11:59 p.m. Hawaiian standard time on the following dates:

  • 1B Preliminary Primary Report covering the period January 1, 2024 to June 30, 2024 (due on July 11, 2024);
  • 2nd Preliminary Primary Report covering the period July 1, 2024 to July 26, 2024 (due on July 31, 2024); and
  • Final Primary Report covering the period July 27, 2024 to August 10, 2024 (due on August 30, 2024).

With respect to the GENERAL ELECTION reports, unless you have declared by the July 1, 2024 deadline that you do not intend to receive or spend more than $1,000 in the 2024 election, all candidates running in the 2024 election and on the General Election ballot will be required to file, at a minimum, these reports no later than 11:59 p.m. Hawaiian standard time on the following dates:

  • 1st Preliminary General Report covering the period August 11, 2024 to September 26, 2024 (or January 1, 2024 to September 26, 2024 for candidates whose names did not appear on the Primary Election ballot, but will appear on the General Election ballot) (due on October 1, 2024);
  • 2nd Preliminary General Report covering the period September 27, 2024 to October 21, 2024 (due on October 28, 2024); and
  • Final Election Period Report covering the period October 22, 2024 to November 5, 2024 (due on December 5, 2024 unless you will be sworn in prior to this date – i.e., for Hawaii County and Kauai County elected candidates, the due date is November 27, 2024 (*NOTE:  This is the only required report you need to file if you have declared to be $1,000 or less.  If so, then your reporting period is from January 1, 2024 to November 5, 2024.  Candidates that ran in the 2024 election and won outright or were unsuccessful in the Primary Election will file the Final Election Period Report for the period August 11, 2024 to November 5, 2024.)

Failure to file these reports by the deadline will result in a fine and the posting of your committee’s name on the Commission website under “Candidate Committees That Failed to File or Correct a Report”.  Moreover, if a fine is assessed against your committee and you fail to timely pay it, Commission staff will issue a complaint against your committee and set it for consideration at the next public Commission meeting.  Therefore, we encourage all committees to timely file their reports and pay any fines.

Lastly, please remember that when you electronically file your reports with the Commission, candidates and treasurers are certifying that the information contained in the filed reports are true, complete, and accurate.  Therefore, it is strongly advised that you verify and validate your reports before you file them since the Commission will rely on the electronically filed information which could generate an inquiry/investigation if inaccurate.

OPTION 3:  If you are a noncandidate committee, for the 2024 election, unless you have declared by the July 26, 2024 deadline that you do not intend to receive or spend more than $1,000 in the 2024 election, you will be required to file, at a minimum, these reports no later than 11:59 p.m. Hawaiian standard time on the following dates:

  • Preliminary Primary Report covering the period January 1, 2024 to July 26, 2024 (due on July 31, 2024);
  • Final Primary Report covering the period July 27, 2024 to August 10, 2024 (due on August 30, 2024);
  • 1st Preliminary General Report covering the period August 11, 2024 to September 26, 2024 (due on October 1, 2024);
  • 2nd Preliminary General Report covering the period September 27, 2024 to October 21, 2024 (due on October 28, 2024); and
  • Final Election Period Report covering the period October 22, 2024 to November 5, 2024 (due on December 5, 2024). (*NOTE: This is the only required report you need to file if you have declared to be $1,000 or less.  If so, then your reporting period is from January 1, 2024 to November 5, 2024.)

Failure to file these reports by the deadline will result in a fine and the posting of your committee’s name on the Commission’s website under “Noncandidate Committees That Failed to File or Correct a Report.”  Moreover, if a fine is assessed against your committee and you fail to timely pay it, Commission staff will issue a complaint against your committee and set it for consideration at the next public Commission meeting.  Therefore, we encourage all committees to timely file their reports and pay any fines.

Lastly, please remember that when you electronically file your reports with the Commission, chairpersons and treasurers are certifying that the information contained in the filed reports are true, complete, and accurate.  Therefore, it is strongly advised that you verify and validate your reports before you file them since the Commission will rely on the electronically filed information which could generate an inquiry/investigation if inaccurate.

$1,000 OR LESS AGGREGATE CONTRIBUTIONS AND EXPENDITURES FOR THE 2024 ELECTION

If you are a candidate committee whose aggregate contributions and aggregate expenditures for the 2024 election period will total $1,000 or less, you are required by July 1, 2024 to check off the box on your Organizational Report and file the report to notify the Commission of this intention.  See, Hawaii Revised Statutes (HRS) §11-339(b).

If you are a noncandidate committee whose aggregate contributions and aggregate expenditures for the 2024 election period will total $1,000 or less, you are required by July 26, 2024 to check off the box on your Organizational Report and file the report to notify the Commission of this intention.  See, HRS §11-339(c).

In doing so, you will need only electronically file the Final Election Period Report due no later than 11:59 p.m. Hawaiian standard time on December 5, 2024, and subsequent Supplemental Reports after the election if you do not terminate your committee registration with the Commission.  If you exceed the $1,000 limit, you will then be required to notify the Commission and electronically file all the other required reports from the period in which the $1,000 limit was exceeded.  See, HRS §11-339(a).

UPDATING ORGANIZATIONAL REPORTS

As of January 1, 2024, candidate committees that login to the candidate filing system (CFS) and noncandidate committees that login to the noncandidate committee filing system (NCFS) will be presented with their Organizational Report. Please take the time to review your Organizational Report and make any needed changes.

HRS §§11-322(b) and 11-323(b) provides that any change in information previously reported in the organizational report shall be electronically filed with the commission within 10 days of the change being brought to the attention of the committee chairperson or treasurer.  Failure to do so may result in a fine as well as prevent the Commission from communicating with you as well as a new statutory mandate requiring the Commission to post the candidate, candidate committee, and noncandidate committee’s name on its website if the report is not corrected within 2 weeks after the Commission provides you with a notice to correct.  Further, if you are a noncandidate committee, you may be subject to a $1,000 fine.

Also, if you are a candidate who intends to run for office in the next election and would like to carry over surplus campaign funds, you must file an amended Organizational Report on the CFS.  This applies to candidates who failed to be elected to office who will be running again and candidates who are elected to office who will be running again for a different office to which they were elected and includes term-limited candidates.

NEW – NONCANDIDATE COMMITTEE REQUIREMENTS

The 2023 Legislative Session passed a number of laws that impact noncandidate committees.

  • DARK MONEY:  Effective January 1, 2023, noncandidate committees who are 501(c)(4) nonprofit organizations must receive written consent and provide written notice to donors that their name and address will be reported to the Commission if they make a donation individually or in an aggregate of more than $10,000 and permit that donation to be used for electioneering communications, independent expenditures, or political contributions.  (Act 169, SLH 2022)
  • ELECTIONEERING COMMUNICATIONS:  Effective January 1, 2023, noncandidate committees shall file an electioneering communication statement no later than 24 hours of an electioneering communication of more than $2,000 being publicly distributed within 30 days of the primary election (i.e., July 11, 2024 to August 10, 2024) and/or 60 days of the general election (i.e., September 6, 2024 to November 5, 2024).  Once the $2,000 threshold is reached, noncandidate committees must continue to file all subsequent electioneering communication forms regardless of the amount.  For mailers, the disclosure date means the date the mailers are first mailed.  The Statement of Information for Electioneering Communications form has been updated and is available on the Commission’s website.  (Act 169, SLH 2022)
  • FUNDRAISER NOTICES:  Effective March 31, 2023, all candidate and noncandidate committees must file their fundraiser notices regardless of the price or suggested contribution for attending the function.  (Act 4, SLH 2023)
  • PUBLICATION OF COMMITTEE NAMES FOR COMMITTEE REGISTRATION VIOLATIONS:  Effective March 31, 2023, any candidate or noncandidate committee who fails to register with the Commission or correct their organizational report after being notified will have their name published on the Commission’s website until they comply.  (Act 5, SLH 2023)
  • LOWER THRESHOLD FOR NONCANDIDATE COMMITTEES TO REGISTER WITH THE COMMISSION:  Effective June 23, 2023, noncandidate committees must register with the Commission by filing an Organizational Report within 10 days of receiving contributions or making expenditures of more than $500 (used to be $1,000), in the aggregate, in a 2-year election period.  (Act 122, SLH 2023)
  • CASH CONTRIBUTION RESTRICTION:  Effective March 31, 2023, a candidate, candidate committee, and noncandidate committee shall limit to $100 the total amount of cash they may accept from a single person during each election period.  (Act 6, SLH 2023)
  • LOBBYIST CONTRIBUTIONS PROHIBITED DURING SESSION:  Effective June 23, 2023, lobbyists who are actively registered with a State or county ethics board or commission are prohibited from contributing to an elected official, candidate, candidate committee, or any other individual required to file an Organizational Report with the Commission, or making an expenditure on behalf of these persons, during any regular or special session of the legislature, and for 5 calendar days before and after a session.  Any prohibited contribution shall escheat to the Hawaii Election Campaign Fund.  (Act 128, SLH 2023)
  • INCREASED FINES FOR NONCANDIDATE COMMITTEE VIOLATIONS – ORGANIZATIONAL REPORTS AND ADVERTISEMENTS:  Effective July 1, 2023, a noncandidate committee who:  (1) fails to comply with Organizational Report requirements is subject to a minimum fine of $1,000 per violation; (2) fails to have the proper advertisement disclaimer is subject to a fine of no less than $150 for each advertisement; and (3) fails to identify the top 3 contributors to advertisements paid by Super PACS is subject to a fine of $1,000 per violation.  (Act 127, SLH 2023)
  • INCREASED FINES FOR SUPER PAC VIOLATIONS:  Effective June 23, 2023, the fine for noncandidate committees making only independent expenditures (Super PACs) that have received at least one contribution of more than $10,000, or spent more than $10,000 in an election period, is increased to an amount not to exceed $5,000 for each occurrence or an amount not to exceed three times the amount of the unlawful contribution or expenditure for a campaign finance violation.  Further, if the noncandidate committee cannot pay, the Commission may order that the fine be paid from the personal funds of the candidate or officers of the noncandidate committee (i.e., chairperson and/or treasurer).  (Act 121, SLH 2023)

NEW – STANDARD FINE GUIDELINES

The Commission has adopted a Schedule of Fines pursuant to Hawaii Administrative Rules (HAR) §3-160-73(a).  At the Commission’s meeting on November 8, 2023, an updated fine schedule was adopted as a result of the new laws that went into effect in the 2022 and 2023 legislative sessions.  You can find the schedule on the Commission’s website under “Legal Resources.”

NEW – COMMISSION’S BILLS FOR THE 2024 LEGISLATIVE SESSION

For the 2024 legislative session, the Commission submitted six (6) bills to the House Speaker and Senate President for introduction.  Notably, four of the six were previously submitted in the last session, but were not successful.

  • RELATING TO THE SOLICITATION AND ACCEPTANCE OF CAMPAIGN CONTRIBUTIONS BY CANDIDATE COMMITTEES

This bill amends HRS §11-357 to prohibit elected officials from soliciting and accepting campaign contributions during any regular session or special session of the state legislature, including any extension of any regular session or special session and any legislative recess days, holidays, and weekends.

  • RELATING TO CONTRIBUTIONS BY STATE AND COUNTY CONTRACTORS AND GRANTEES OF THE STATE AND COUNTIES

This bill amends HRS §11-355 to expand the government contractor ban by including state and county grantees under Chapter 42F in the ban as well as the officers and their immediate family of the government contractor and government grantee.  Currently, only the entity that is the government contractor, is prohibited from making political contributions.  A contractor can easily get around the ban by having its officers, and their family member make contributions, including false name contributions.  This bill will prevent this problem.  Also, state grantees are in the same position as government contractors.  Both receive state funds that have been appropriated by the Legislature.  A second bill was submitted to add a penalty section that provides any prohibited contributions that fall in this category would escheat to the Hawaii Election Campaign Fund if not returned to the contributor within 30 days as well as subject the parties to an administrative fine.

  • RELATING TO CANDIDATE COMMITTEE EXPENDITURES

This bill amends HRS §11-381 to eliminate the use of campaign funds to purchase up to 2 tickets for an event or fundraiser held by another candidate or committee.  This practice is inconsistent with HRS §11-382 which prohibits the use of campaign funds to support the campaigns of other candidates or campaign against another candidate not directly opposing the candidate with which they are directly associated.   Pursuant to HRS §11-383, the only exceptions to HRS §11-382 are for political parties who may support more than one candidate as well as a candidate for the office of governor or lieutenant governor on the same ticket may support each other in the general election.

  • RELATING TO PARTIAL PUBLIC FINANCING OF ELECTIONS

This bill increases the amount of partial public financing available for all elected offices.  Specifically, it amends HRS §11-425 by increasing the maximum amount of public funds available for all offices by 50% and for the Office of Hawaiian Affairs from $1,500 in an election year to 10% of the expenditure limit for each election.  Amends HRS §11-429(a) by increasing the amount of qualifying contributions required to be collected for the Office of Hawaiian Affairs from more than $1,500 in the aggregate to more than $5,000 in the aggregate.  Provides for payments of $2 for each $1 of qualifying contributions in excess of the minimum qualifying contribution amounts.  Provides for an unspecified amount of appropriations for the two fiscal years of the next biennium to pay for the increase in the partial public financing program.

  • RELATING TO CAMPAIGN CONTRIBUTIONS

This bill amends HRS §11-364 to provide that an excess contribution of more than $100 in cash, in the aggregate, from a single person during an election period to a candidate, candidate committee, or noncandidate committee shall escheat to the Hawaii election campaign fund if not returned to the contributor within 30 days.

CONSIDERATIONS IF YOU ARE A CANDIDATE PLANNING ON RUNNING IN THE 2024 ELECTION

We offer the following reminders and tips to candidates and their committees who are planning their campaign for election or reelection in 2024.  This is not a conclusive list so for more information please call us at (808) 586-0285, stop by our office at 235 S. Beretania Street, Room 300, or visit our website.

  • If you are a new candidate, consider downloading, printing, and reading our newly revised committee guidebooks, manuals, and reporting schedules as well as viewing our cyber-learning videos on the Commission’s website. Registration for training sessions will be announced in 2024.
  • Make sure you have advertisement disclaimers (i.e., name and address of person paying for the advertisement) on your signs and banners. This may also be a good chance to take inventory of your past or older signs to make sure they have the necessary disclaimers.  The disclaimer is not required on “sundry items” such as clothing, bumper stickers, pins, buttons, and similar small items upon which the disclaimer cannot be conveniently printed.
  • Review and update all information on your Organizational Report – oftentimes, phone numbers and addresses have changed.
  • If your committee is opening a bank account, it is advisable that you contact the bank prior to opening your committee’s bank account. Banks will vary on their requirements.  If your bank requires an Organizational Report, you may want to consider inputting the bank’s information, typing in “pending” for the bank account number, filing the report with the Commission, and printing a copy to submit to the bank for verification that you are registered with the Commission as a candidate committee.  Of course, once you obtain your bank account number, you will need to amend your Organizational Report and replace “pending” with the actual bank account number to comply with the law.
  • Consider doing some campaign research of past elections or of opponent data by using the Commission’s data visualization tool.
  • Take a look at the 2024 expenditure limits and maximum available public funding amounts to see if participating in the voluntary partial public funding program is a viable option for your campaign. If so, then you must file the Affidavit to voluntarily agree to the expenditure limit for the office you are seeking in 2024 and the Statement of Intent to start collecting qualifying campaign contributions to be matched with public funds.
  • If you plan on having a fundraiser, regardless of the amount of the ticket, remember to file a Notice of Intent to Hold a Fundraiser with the Commission prior to the fundraiser’s start time and before the Commission’s office closes for the day at 4:30 p.m., Hawaiian standard time. Failure to comply with this requirement will result in a fine.
  • If you use campaign funds to purchase 2 tickets to a fundraiser for another candidate, remember to keep the tickets for your records. Likewise, if another candidate is using campaign funds to purchase 2 tickets to your fundraiser, you must provide tickets for their records.
  • If your committee is using a debit card, keep detailed records that will allow you to timely and accurately report all expenditures on the committee’s disclosure reports.
  • If your committee would like to make charitable donations or award scholarships to full-time students attending an institution of higher learning or vocational education school, now is a good time before you file nomination papers or by the nomination paper deadline, to make these expenditures as long as you do not exceed two times your contribution limit (i.e., $2,000, $4,000, or $6,000). Further, you are subject to a prohibited period as follows:
    • From the date a candidate files nomination papers to the date of the general election on November 5, 2024, candidate committees are prohibited from making charitable donations with campaign funds unless you are declared duly and legally elected to the office prior to the general election or are unsuccessful in the primary or special primary election.
    • From the nomination paper deadline on June 4, 2024 to the general election on November 5, 2024, candidate committees are prohibited from using campaign funds to award scholarships to full-time students attending an institution of higher learning or a vocational education school unless you are declared duly and legally elected to the office prior to the general election or are unsuccessful in the primary or special primary election.
  • If a Super PAC approaches your candidate committee, it is important to remember that its support of your nomination or election to office must be “independent” and that you and your agents such as committee officers are not “coordinating” campaign activities with them. If either of these circumstances occur, then the spending done by the Super PAC on your behalf will be deemed to be a contribution to your campaign subject to your contribution limit and the Super PAC will lose its status as a Super PAC, and thus, may subject them to the $1,000 per election contribution limit of noncandidate committees.
  • A Super PAC’s use of your campaign material, without your knowledge or consent, in the Super PAC’s “independent” advertising on your behalf, will be considered a contribution to your campaign. This will likely result in an excess contribution on the part of the Super PAC for which a fine will be assessed by the Commission against the Super PAC.
  • Be aware that expenditures or any other “coordinated activity” made by any person including an individual, party, corporation, business entity or labor union for the benefit of a candidate in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, candidate committee, or their agents, shall be considered to be a contribution to the candidate and expenditure by the candidate.

If you need assistance and the Commission’s office is closed, please visit our website to review the various tools available (i.e., cyber videos, guidebooks, and manuals) that will assist you, answer any questions, and/or help you to file reports in the electronic filing system.

ADVERTISEMENT DISCLAIMERS AND ADMINISTRATIVE FINES FOR VIOLATIONS

Advertisement disclaimers must be on all committees’ signs and banners because these items are no longer considered sundry items.  Under HRS §11-391(a), “any advertisement that is broadcast, televised, circulated, published, distributed, or otherwise communicated, including by electronic means, shall:

(1)  Contain the name and address of the candidate, candidate committee, noncandidate committee, or other person paying for the advertisement;
(2)  Contain a notice in a prominent location stating either that:
(A)  The advertisement has the approval and authority of the candidate; provided that an advertisement paid for by a candidate, candidate committee, or ballot issue committee does not need to include the notice; or
(B)  The advertisement has not been approved by the candidate; and
(3)  Not contain false information about the time, date, place, or means of voting.”

Failure to have the advertisement disclaimer will result in a fine pursuant to HRS §11-391(b) which provides that “[t]he fine for violation of this section, if assessed by the commission, shall not exceed $25 for each advertisement that lacks the information required by this section or provides prohibited information, and shall not exceed an aggregate amount of $5,000.”

The Commission has adopted a Schedule of Fines pursuant to Hawaii Administrative Rules (HAR) §3-160-73(a).  For advertisements missing a disclaimer, the fine schedule provides for a fine of $25 per advertisement for the 1st violation, a fine of $100 per advertisement for the 2nd violation, and a fine of $500 per advertisement for the 3rd violation.  Fines for further violations shall be determined by the Commission via a complaint, but shall not exceed an aggregate amount of $5,000.

If this is your first or second advertisement disclaimer violation, and the fine exceeds $25, a Conciliation Agreement which will result in a lower fine amount may be discussed with Commission staff subject to approval by the Commission at a public meeting conducted pursuant to HRS chapter 92.

Effective July 1, 2023, a noncandidate committee who fails to have the proper advertisement disclaimer is subject to a fine of no less than $150 for each advertisement and fails to identify the top 3 contributors to advertisements paid by Super PACS is subject to a fine of $1,000 per violation.

The Commission is taking these matters very seriously.  If you receive a notification from the Commission, we strongly recommend that you review all of your pending advertisements to see that they have the proper disclaimers, and if not, take the necessary measures to rectify them before the advertisements are made public.

ELECTIONEERING COMMUNICATIONS FOR NONCANDIDATE COMMITTEES

For the 2024 election, noncandidate committees must comply with filing Statements of Information for Electioneering Communications.

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 prior to a primary or initial special election (i.e., July 11, 2024) or within 60 days prior to a general or special election (i.e., September 6, 2024); 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 Communications within 24 hours of mailing, publishing, and/or distributing an electioneering communication advertisement.

Once you have filed a Statement of Information, you must continue to file Statements of Information for all future electioneering communications in the same calendar year.

The Statement of Information is available on the Commission’s website and it must contain information set forth in HRS §11-341 and HRS §11-393.  It can be submitted by eSign or by printing and signing a writeable/printable PDF.  Persons who fail to submit this form timely will be in violation of the campaign finance laws.

Notably, the Statement of Information must be filed in addition to the filing of any other required report.

GUIDANCE ON CANDIDATE COMMITTEE CONTRIBUTIONS TO CHARITABLE/COMMUNITY OR NON-PROFIT ORGANIZATIONS

Under HRS §11-381(a)(3), candidate committees may make donations to any community service, educational, youth, recreational, charitable, scientific, or literary organization as long as the total amount of all donations is no more than twice the maximum amount that one person may contribute to that candidate pursuant to HRS §11-357 and the donations cannot be made from the date the candidate files nomination papers to the date of the general election, or the date the candidate is declared to be duly elected to office, or the date of the primary or special primary election if the candidate is unsuccessful in the primary or special primary election.

The Commission has been aware of candidate committees’ donations to charitable/community or non-profit organizations being reported as advertising that is directly related to the candidate’s campaign under HRS §11-381(a)(1).  In these instances, the candidate committee is characterizing its donation as advertising because the candidate committee is being recognized as a sponsor in the charitable/community or non-profit organization’s program or acknowledgment materials.  Given these circumstances, the Commission is likely to inquire further since HRS §11-381(a)(3) has amount and time limitations for donations to charitable or community organizations, while advertising directly related to a candidate’s campaign provision (i.e., HRS §11-381(a)(1)) has no limitations.  Generally, if the nonprofit organization reports the expenditure by the candidate committee as a tax-exempt donation to the IRS or records the expenditure as a gift on its books, the Commission will treat the expenditure likewise, and thus, the statutory amount and time limitations will apply.  However, if the nonprofit organization reports the expenditure as income to the IRS, or otherwise treats the expenditure as income on its books, the Commission will consider whether the expenditure is permissible as being directly related to the candidate’s campaign.  If the person soliciting the expenditure does not know if the organization will be treating the expenditure as a donation or income, the Commission advises that the candidate committee not make the payment to the nonprofit organization from campaign funds.  Of course, a candidate is always allowed to make an expenditure to these organizations from personal funds.

TERM LIMITED CANDIDATES

If you are a candidate who is term limited for the office for which you presently occupy, contributions may be sought only if the committee has no surplus and has debt, unpaid expenses, or unpaid loans.  See, Hawaii Administrative Rules (HAR) §3-160-31(b)(2).  If this does not apply and you intend to seek contributions to run for elective office in the next subsequent election, then you must amend your Organizational Report to notify the Commission and the public of the office you intend to run for within 10 days of receiving contributions or making or incurring expenditures of more than $100 for that office.  The contribution limits of the 2024 or 2026 election period will apply to these contributors.

TERMINATION OF COMMITTEE REGISTRATION WITH THE COMMISSION

If you are a candidate who does not anticipate running in a future State or county election, or you are a noncandidate committee that does not intend to participate in future State or county elections, and your committee has no surplus or deficit in campaign funds, you may want to consider terminating your registration with the Commission.  If so, you will need to complete and submit the following documents:  (1) A “Request for Termination of Registration” form for candidate committees or “Request for Termination of Registration” form for noncandidate committees; and (2) A closing bank statement verifying that your committee’s bank account has been closed.  Further, you must not have any outstanding fines or unresolved matters with the Commission.  Assuming everything is in order, the Commission will approve your termination request and you will no longer be required to electronically file reports with the Commission.

VIOLATIONS OF THE CAMPAIGN FINANCE LAWS

The following candidate committees violated the Hawaii campaign finance laws and have failed to comply with the Commission’s orders by refusing to file required disclosure reports and/or pay assessed fines.  Pursuant to HRS §11-410(d), the Commission has been pursuing enforcement actions with the assistance from the Attorney General’s Office – Civil Recoveries Division.  Furthermore, pursuant to HRS §11-156, a candidate who has unfiled disclosure reports or unpaid fines will not receive a certificate of election should that candidate win in a subsequent election.

  • Laurent Zahnd, Team Mr L – Laurent R.B. Zahnd (L) for Mayor
  • Henry Cho
  • Candace Linton
  • Shaena Hoohuli, Hoohuli Headquarters
  • Lono Mack, MACK
  • Megeso-William Denis, Megeso for Mayor
  • Christy Gusman, Christy Kajiwara-Gusman
  • Kukana Kama-Toth, Friends of Kukana Kama-Toth
  • Ryan Malish, 808Ryan4Senate
  • Devin McMackin, Friends of Big Mac
  • Frederick Nava, Rick Nava, Friends of Rick Nava
  • Feki Pouha, Friends of Feki Pouha
  • Chris Toafili, Chris Toafili
  • Daniel Wade, Friends of Dan Wade
  • Mela Kealoha-Lindsey, Friends of Mela Kealoha-Lindsey

RESULTS OF THE COMMISSION’S 2023 ONLINE SURVEY

Mahalo to everyone who responded to our 2023 online survey.  View the 2023 Survey Results and the Report on 2023 Annual Online Survey in the minutes of the Commission’s monthly meeting held on November 8, 2023.

REMINDER TO CHECK OFF THE $3 BOX ON YOUR 2024 TAX RETURN

The Commission continues to urge you to check off the $3 “yes” box on your 2024 tax return which permits $3 from state funds (or $6 if married and filing a joint return) to be allocated to the Hawaii Election Campaign Fund.  The health and sustainability of public funding depends on greater participation of Hawaii taxpayers in checking off the $3 box.  Checking off this box does not increase your tax or reduce your refund.

2024 MEETING SCHEDULE

Commission meetings for 2024 are generally scheduled for the 2nd Wednesday of each month at 10:00 a.m. via remote Zoom video conferencing and/or in-person in Conference Room 204, Leiopapa A Kamehameha Building, 235 S. Beretania Street, Honolulu, Hawaii 96813.  View the 2024 Meeting Schedule.  Meeting location, dates and times are subject to change so please check the “2024 Meeting Schedule” page prior to attending a meeting.

DOWNLOADABLE CALENDAR AVAILABLE ON THE COMMISSION’S WEBSITE

An updated and downloadable calendar of events including (but not limited to) the candidate committee and noncandidate committee reporting schedules, the Commission’s monthly meeting schedule, and the State holidays can be downloaded by individuals into their Apple, Google, Microsoft Outlook, and Yahoo calendars as well as many other calendar programs that use the standard iCal format, from the Commission’s website.  View the Commission’s Downloadable Calendar.

2024 AMENDED STANDARD MILEAGE RATE ANNOUNCED BY THE INTERNAL REVENUE SERVICE (IRS)

Effective January 1, 2024, for those committees that seek reimbursement from campaign funds for the campaign related use of a personal vehicle, the federal standard mileage rate is 67 cents per mile as announced in IRS Notice 2024-08 (an increase of 1.5 cents from 2023).  The Commission reminds these committees that a daily mileage log noting the campaign use and personal use of the personal vehicle satisfies recordkeeping requirements of HAR §3-160-23.  See, HAR §3-160-45(b)(1)(B).

WELCOME NEW ADMINISTRATIVE ASSISTANT ANTHONY DIEP

The Commission would like to welcome new Administrative Assistant Anthony Diep who started with the Commission in November 2023.  Anthony is originally from Vietnam and immigrated to Hawaii with his family at the age of ten. He has an associate degree in New Media Arts from the Kapiolani Community College, and also dual business degrees in Marketing and Management Information Systems from the University of Hawaii at Manoa.  Previously, Anthony was a Junior Designer with the ABC Stores’ Graphic Department where he assisted in the designing and producing of marketing collaterals. He was also the Night Auditor and Guest Service Agent at a luxury condo in Waikiki and the East-West Center’s Housing Office. Some of his favorite leisure activities include exercising, learning new skills, and listening to music.

He serves as the office manager providing assistance in budgetary, financial, procurement, government, legislative, legal, and other matters related to the daily operations of the Commission.  He is also secretary to the Commission and manages all Commission records and files.

WELCOME NEW COMMISSIONER JON ITOMURA

The Commission is composed of five volunteers representing the general public who are appointed by the governor from a list of ten nominees submitted by the judicial council.  On September 13, 2023, Jon Itomura was selected to serve on the Commission to a term to expire on June 30, 2027.  Commissioner Itomura took the oath of office as a Campaign Spending Commissioner on 10/17/23.  Jon is a graduate of St. Louis High School.  In 1985, he received a B.A. in Environmental, Pollution, and Organismic Biology from the University of Colorado, and in 1992, a J.D. from the Puget Sound School of Law.  After working for the Senate Ways and Means Committee, Circuit Court, and serving as Deputy Attorney General until 1999, he was General Counsel for the Campaign Spending Commission from 1999-2003.  Following sixteen years as Supervising Attorney for the Division of Consumer Advocacy, he retired from State service in 2019 and is currently the Executive Director for the Hawaii United Okinawa Association.