Campaign Spending Commission

NEW LAWS GOING INTO EFFECT FROM THE 2022 LEGISLATIVE SESSION

For the 2022 legislative session, the Commission submitted five (5) bills.  They concerned changes to campaign finance reports, campaign spending violations, electioneering communications, and enforcement of Commission orders.  Two (2) of the Commission’s bills were passed (see “*” bills).  Listed below are the new laws going into effect as a result of the 2022 legislative session.

*Act 3 (H.B. 1427, HD 1), RELATING TO REPORTS FILED WITH THE CAMPAIGN SPENDING COMMISSION
Amends Hawaii Revised Statutes (“HRS”) §11-334 to provide that candidates who are either unsuccessful or are elected to office in the primary election, do not need to file preliminary general reports.  Amends subsections (b) and (c) of HRS §11-339 to make them consistent with subsection (a) by aggregating contributions and expenditures in determining whether a committee need only file the final election period report.  Effective on 4/7/22.

*Act 171 (S.B. 2043, HD1), RELATING TO CANDIDATE COMMITTEE AND NONCANDIDATE COMMITTEE ORGANIZATIONAL REPORT
Repeals references in HRS §11-322(b) and §11-323(b) concerning a paragraph in subsection (a) that was previously repealed concerning committees’ organizational reports.  Effective upon approval.

Act 181 (S.B. 665, SD 1, HD 2, CD 1), RELATING TO VIOLATIONS OF CAMPAIGN FINANCE LAW
Amends HRS §11-411 to authorize criminal referrals for prosecution for campaign finance law violations in addition to administrative penalties.  Amends HRS §11-412 by making it a class C felony to intentionally providing false information concerning the name or address of a person paying for a campaign advertisement, increasing the period during which a person convicted for a criminal violation of campaign finance law is disqualified from holding elective office from 4 to 10 years, and authorizing the Attorney General or Prosecuting Attorney to commence prosecution of campaign finance law violations without the need for a referral from the Commission.  Effective upon approval.

Act 169 (H.B. 2416, HD 2, SD 1, CD 1), RELATING TO CAMPAIGN SPENDING
Enhances existing campaign finance laws to address dark money.  Specifies consent procedures for when 501(c)(4) nonprofit organizations operating as noncandidate committees can use donations for electioneering communications, independent expenditures, or contributions, and requires these organizations to provide certain written notice to donors.  Requires 501(c)(4) nonprofit organizations operating as noncandidate committees to disclose the name and address of donors who make a donation individually or in an aggregate of more than $10,000, with certain exceptions.  Adds definitions.  Amends HRS §11-341 by changing the definition of “disclosure date” to when an electioneering communication is publicly distributed and the date on which subsequent electioneering communications is publicly distributed, provided the person making the expenditure has made expenditures for electioneering communications of more than $2,000 in the aggregate.  For mailers, the disclosure date means the date the mailers are first mailed.  Effective 1/1/2023.

S.B. 555, SD 1, HD 1, RELATING TO CAMPAIGN FUNDRAISING
This bill is before Governor Ige for consideration.  If approved, it amends HRS §11-342 to prohibit elected state and county officials from holding any fundraiser or fundraiser event to raise contributions for which any price is charged or any contribution is suggested for attendance during a regular session or special session of the state legislature.  Effective 1/1/2023.

The three (3) Commission’s bills that did not pass this session were:

S.B. 2044 & H.B. 1423, RELATING TO VIOLATIONS OF CAMPAIGN FINANCE LAW
This bill has been introduced every session since 2013.  It amends HRS §11-410 by increasing the amount of fine from $1,000 to $5,000 that may be assessed against a noncandidate committee making only independent expenditures (Super PAC) that has received at least one contribution of more than $10,000, or spent more than $10,000 in an election period, for campaign finance violations.  Allows the Commission to order the fine be up to three times the amount of the unlawful contribution or expenditure, and to order that the payment of the fine assessed against a noncandidate committee, or any portion thereof, be paid from the personal funds of an officer of the noncandidate committee.

S.B. 2041 & H.B. 1426, RELATING TO ORDERS OF THE CAMPAIGN SPENDING COMMISSION
This bill has been introduced the last two sessions, but did not pass.  These amendments were suggested by the deputies in the Civil Recoveries Division of the Department of the Attorney General who are helping the Commission by enforcing its orders in the First Circuit Court.  This measure amends HRS §11-410 by:  (1) amending subsection (b) to provide that a person waives the right to a contested case hearing if the person fails to request a contested case hearing within twenty days of receipt of the Commission’s preliminary determination; and (2) amending subsection (d) to provide that a final order of the Commission may be filed in the First Circuit Court for confirmation as a civil judgment, enforceable and collectible as any other judgment issued in the circuit courts.

S.B. 2042 & H.B. 1425, RELATING TO ELECTIONEERING COMMUNICATIONS

This bill sought to amend the current version of HRS §11-341 that was passed as Act 3 in the last session.  Act 3 greatly diminished transparency in spending on political advertisements.  This measure increases the threshold amount of aggregated expenditures for electioneering communications in a calendar year from more than $1,000 to more than $2,000 before statements of information would need to be filed.  Amends the definition of “disclosure date” from 24 hours of the contract being executed to 24 hours of the electioneering communications being broadcast, published, or sent by mail as well as to include the date of any subsequent expenditures for electioneering communications during the calendar year.  Repeals “actual expenditures” from the list of items that are not electioneering communications.  Lastly, it limits the applicability of the definition of “person” in subsection (d) of HRS §11-341 to that HRS section only.

REPORTING SCHEDULES

Your upcoming 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 NOT running in the 2022 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 January 1, 2022 to June 30, 2022 (due on August 1, 2022); and
• Supplemental Report covering the period July 1, 2022 to December 31, 2022 (due on January 31, 2023).

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 running in the 2022 election, unless you have declared by the June 30, 2022 deadline that you do not intend to receive or spend more than $1,000 in the 2022 election, you will be required to file, at a minimum, these upcoming PRIMARY ELECTION reports no later than 11:59 p.m. Hawaiian Standard time on the following dates:

• 1B Preliminary Primary Report covering the period January 1, 2022 to June 30, 2022 (or April 26, 2022 to June 30, 2022 for candidates who filed the 1A Preliminary Primary Report) (due on July 14, 2022);
• 2^nd Preliminary Primary Report covering the period July 1, 2022 to July 29, 2022 (due on August 3, 2022); and
• Final Primary Report covering the period July 30, 2022 to August 13, 2022 (due on September 2, 2022).

With respect to GENERAL ELECTION reports, candidates who will appear 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:

• 1^st Preliminary General Report covering the period August 14, 2022 to September 26, 2022 (or January 1, 2022 to September 26, 2022 for candidates whose names did not appear on the Primary Election ballot, but will appear on the General Election ballot) (due on October 3, 2022); and
• 2^nd Preliminary General Report covering the period September 27, 2022 to October 24, 2022 (due on October 31, 2022).

All candidates running in the 2022 election are required to file the Final Election Period Report:

• Final Election Period Report covering the period October 25, 2022 to November 8, 2022 (or August 14, 2022 to November 8, 2022 for candidates that did not appear on the General election ballot) (due on December 8, 2022 unless you will be sworn in prior to this date – i.e., for Kauai County winning candidates, the due date is November 28, 2022; for Hawaii county winning candidates, the due date is November 30, 2022). (*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, 2022 to November 8, 2022.)

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, unless you have declared by the July 29, 2022 deadline that you do not intend to receive or spend more than $1,000 in the 2022 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 February 27, 2022 to July 29, 2022 (due on August 3, 2022);
• Final Primary Report covering the period July 30, 2022 to August 13, 2022 (due on September 2, 2022);
• 1^st Preliminary General Report covering the period August 14, 2022 to September 26, 2022 (due on October 3, 2022);
• 2^nd Preliminary General Report covering the period September 27, 2022 to October 24, 2022 (due on October 31, 2022); and
• Final Election Period Report covering the period October 25, 2022 to November 8, 2022 (due on December 8, 2022). (*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 February 27, 2022 to November 8, 2022.)

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 2022 ELECTION

If you are a candidate committee whose aggregate contributions and aggregate expenditures for the 2022 election period will total $1,000 or less, you were required by June 30, 2022 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 2022 election period will total $1,000 or less, you are required by July 29, 2022 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 8, 2022, 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).  Candidate committees will be subject to fines for exceeding the $1,000 threshold and not filing required reports.

2022 ELECTION OBSERVATIONS

In 2022, there are 368 candidates running for 115 seats up for election out of 128 elective seats in the state of Hawaii and its four counties.  The 115 seats up for election this year are:  Governor (1), Lt. Governor (1), Senate (25), House (51), Maui Mayor (1), Kauai Mayor (1), Honolulu City Council (4), Hawaii County Council (9), Maui County Council (9), Kauai County Council (7), and Office of Hawaiian Affairs (6).  View the list of candidates running in 2022 and their Organizational Reports which includes their committee officers such as their appointed chairperson and treasurer.  11 candidates are unopposed this year and 28 seats are open meaning there is no incumbent running in that race due to term limits (7), the incumbent seeking a different office (10), the incumbent deciding not to seek reelection (10), or as a result of reapportionment (1).  Notably, there are 4 Aloha Aina candidates running in 4 of the 76 legislative races up for election this year, 139 Democratic candidates with 7 running for Governor, 6 for Lt. Governor and 126 running in 74 of the 76 legislative races, 4 Green candidates running in 4 of the 76 legislative races, 3 Libertarian candidates running in 3 of the 76 legislative races, 7 Non-Partisan candidates with 2 running for Governor, 1 running for Lt. Governor and 4 running in 4 of the 76 legislative races, and 92 Republican candidates with 10 running for Governor, 3 running for Lt. Governor and 79 running in 63 of the 76 legislative races.  119 candidates are running as Non-Partisan Special candidates for County and OHA races.  172 or 47% of the 368 candidates running this year have filed the Affidavit to voluntarily agree with the expenditure limit set for their office and 27 or 7% of the 368 candidates running have filed the Statement of Intent to notify the Commission of their intent to seek partial public funding.  View the list of Affidavit filers and the list of Statement filers.  So far this year, one candidate (Robert Armstrong, State House District 28) has received a total of $1,500 in partial public funding.  Future updates can be viewed on the “Public Funds Disbursed in 2022” page.  Also, 183 fundraisers have been held in the first half of 2022 clearly outpacing the 84 fundraisers held during the same time in 2020 at the beginning of the pandemic.  There are 269 registered noncandidate committees of which 23 are Super PACs and there are no ballot issue committees registered with the Commission at this time.

REMINDERS FOR CANDIDATES RUNNING IN THE 2022 ELECTION

With the Primary Election before us on August 13, 2022, we offer the following reminders and tips to candidates and their committees.  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.
• 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.
• If you filed the Affidavit to voluntarily agree to the expenditure limit for the office you are seeking in 2022, take a look at the 2022 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 Statement of Intent to start collecting qualifying campaign contributions to be matched with public funds. Contributions received prior to filing the Statement of Intent do not qualify as qualifying campaign contributions.
• If you plan on having a fundraiser for which the amount of the ticket is more than $25 per person, remember to file a Notice of Intent to Hold a Fundraiser with the Commission prior to the fundraiser.  If a notice is submitted to our office on the same day the event is scheduled, we must receive the notice prior to the fundraiser’s start time and before our office closes for the day at 4:30 p.m.  Notices for fundraisers held on Saturday, Sunday or State Holidays must be submitted to our office by 4:30 p.m. on the last business day prior to the Saturday, Sunday or State Holiday.  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.
• Only the treasurer or deputy treasurer of a committee can spend campaign or committee funds.  If a candidate is not also the treasurer or deputy treasurer of the committee, the candidate cannot spend campaign funds.
• As a candidate running for the 2022 election, you are prohibited from making charitable donations from the date of filing nomination papers to the date of the general election on November 8, 2022, 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.
• With respect to awarding scholarships to full-time students attending an institution of higher learning or a vocational education school, 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 from the nomination paper deadline on June 7, 2022 to the general election on November 8, 2022, 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 1^st violation, a fine of $100 per advertisement for the 2^nd violation, and a fine of $500 per advertisement for the 3^rd 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.

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 the 2022 election, only noncandidate committees must comply with filing Statements of Information for Electioneering Communications (“Statement of Information”).  Act 3, SLH 2021, excluded candidate committees from having to file the Statement of Information.

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 14, 2022) or within 60 days prior to a general or special election (i.e., September 9, 2022); and (3) Is not susceptible to any reasonable interpretation other than as an appeal to vote for or against a specific candidate.

Persons, which include an individual, a partnership, a noncandidate committee, a party, an association, a corporation, a business entity, an organization, or a labor union and its auxiliary committees, who make electioneering communications in an aggregate amount of more than $1,000 during any calendar year, are statutorily required to file a Statement of Information for Electioneering Communications within 24 hours of executing a contract relating to an electioneering communication advertisement.

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.

*Please note that Act 169, SLH 2022, will change the requirements of electioneering communications effective January 1, 2023.

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.

UPDATING ORGANIZATIONAL REPORTS

Currently, 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.

Also, if you are a candidate who intends to run for office in the next election and wants 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.

TERM LIMITED CANDIDATES

If you are a candidate who is term limited for the office for which you presently occupy and will be running for in the 2022 election, contributions may be sought after the election only if the committee has no surplus and has debt, unpaid expenses, or unpaid loans.  See, 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.

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.

REMINDER TO CHECK OFF THE $3 BOX ON YOUR 2021 TAX RETURN

The Commission continues to urge you to check off the $3 “yes” box on your 2022 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.

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.

• Thomas Belekanich, Friends of Tom Belekanich
• Donovan Cabebe, Friends of DKC
• Kristina Kim-Marshall, Friends of Kristina Kim-Marshall
• Tiare Lawrence, Tiare Lawrence for Maui
• Jaerick Medeiros-Garcia, Jaerick-Lee Keali’i Medeiros-Garcia
• Laurent Zahnd, Team Mr L – Laurent R.B. Zahnd (L) for Mayor
• Melissah Shishido, Vote Shishido
• Beau Hawkes, We the People
• Kevin McDonald, Friends of Kevin McDonald
• Lenson Sonoda, Friends of Lenson . . . OHA Trustee At Large
• Chelsea Yagong, Friends of Chelsea Yagong
• Debra Kaiwi, Friends of Deb Kaiwi

2022 MEETING SCHEDULE

Commission meetings for 2022 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 2022 Meeting Schedule.  Meeting location, dates and times are subject to change so please check the “2022 Meeting Schedule” page prior to attending a meeting.

2022 AMENDED STANDARD MILEAGE RATE ANNOUNCED BY THE INTERNAL REVENUE SERVICE (IRS)

Effective July 1, 2022, for those committees that seek reimbursement from campaign funds for the campaign related use of a personal vehicle, the federal standard mileage rate is 62.5 cents per mile as announced in IRS Announcement 2022-13 (which is more than the 58.5 cents per mile for the period of January 1 to June 30, 2022 set forth in IRS Notice 2022-03).  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).