MINUTES FOR OCTOBER 23, 2019 MEETING

From Hawaii Campaign Spending Commission (excerpt)

Posted on Nov 21, 2019

Consideration, Discussion, Approval, and Update of Commission Legislation for the 2020 Legislative Session
General Counsel Kam reported the following 7 bills have been drafted for the Commission’s consideration for the 2020 Legislative Session:

• CSC-01 (20), RELATING TO ELECTIONEERING COMMUNICATIONS.

This measure was introduced last session (H.B. 164/S.B. 139) but did not pass.  This measure amends HRS §11-341 by changing “disclosure date” to when the electioneering communication is publicly distributed rather than when the contract for the electioneering communication is executed.  Also, the measure re-tolls the $2,000 expenditure aggregate amount before the filing of additional statements of information are required and includes advertisements sent by mail at any rate in the definition of electioneering communication by deleting “bulk rate.”  Lastly, the measure deletes “communications that constitute expenditures by the expending organization” from the exceptions to the definition of “electioneering communications” to make it clear that candidate and noncandidate committees are required to file statements of information.

• CSC-02 (20), RELATING TO VIOLATIONS OF CAMPAIGN FINANCE LAW.

This measure was introduced last session (H.B. 162/S.B. 137) but did not pass.  This measure amends HRS §11-410 by raising the amount of fine that can be assessed against a Super PAC (that has received or spent more than $10,000 in an election period) from $1,000 to $5,000 and to permit the fine to be up to three times the amount of the unlawful contribution or expenditure.  Also, allows the Commission to order that the payment of the fine assessed against a noncandidate committee, or any portion, be paid from the personal funds of an officer of the noncandidate committee.

• CSC-03 (20), RELATING TO CAMPAIGN CONTRIBUTIONS.

This measure was introduced last session (S.B. 643) but did not pass.  This measure amends HRS §11-364 by requiring nonresident contributions exceeding 30% of the total contributions received by a candidate committee for each election period to escheat to the Hawaii election campaign fund if not returned to the contributor within thirty days.

• CSC-04 (20), RELATING TO CAMPAIGN FINANCE REPORTS.

This measure amends HRS §11-340(c) to make clear that the increased fine (not to exceed $300 per day) for the late-filing of preliminary reports only applies to the reports due ten days before a primary, general, or special election.  This measure is necessary due to the additional preliminary reports mandated by the Legislature last session.

• CSC-05 (20), RELATING TO ORDERS OF THE CAMPAIGN SPENDING COMMISSION.

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.  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.

• CSC-06 (20), RELATING TO REPORTS OF CANDIDATE COMMITTEES.

This measure amends HRS §11-333(b) by amending paragraph (3) by adding “committee reimbursements to the candidate or other individuals” to the list of expenditures that need to be itemized.  As currently written, only candidate reimbursements need to be itemized.  In many instances, individuals other than the candidate are being reimbursed for campaign costs advanced by those individuals.  Those reimbursements to other individuals should also be itemized.

• CSC-07 (20), RELATING TO CONTRIBUTION LIMITS FOR NONCANDIDATE COMMITTEES.

This measure amends HRS §11-358 to provide that the $1,000 per election contribution limit for noncandidate committees does not apply to noncandidate committees making only independent expenditures.  This codifies the permanent injunction entered against the state by the U.S. District Chief Judge J. Michael Seabright.  See Yamada v. Kuramoto, 744 F.Supp.2d 1075, 1078 (D. Haw. 2010), affirmed, A-1 A-Lectrician v. Snipes, 786 F.3d 1182 (9th Cir. 2015), cert. den., Yamada v. Shoda, 577 U.S. 4 (2015).

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

Vice Chair Shoda moved to approve the proposed legislation for the 2020 Legislative Session.   Motion seconded by Commissioner Tsuji.  Motion carried (4-0)….

read … CSC Minutes of Oct 23, 2019