§11-191 - Definitions.

B. ElectionCampaign Contributions and Expenditures

§§11-191 to 213 [OLD] REPEALED. L1979, c 224.

§11-191 Definitions. When used in thissubpart:

"Advertisement" means:

(1) Any communication, exclusive of bumper stickersor other sundry items, that:

(A) Identifies a candidate either directly orby direct implication;

(B) Advocates or supports the nomination forelection of the candidate;

(D) Advocates or supports the candidate'sdefeat.

(2) Any communication, exclusive of bumper stickersor other sundry items, that:

(A) Identifies an issue or question that willappear on the ballot at the next applicable election; or

(B) Advocates or supports the passage ordefeat of the question or issue.

"Ballot issue committee" means acommittee as defined in this section which has the exclusive purpose of makingor accepting contributions or expenditures for or against any issue appearingon the ballot at the next applicable election.

"Campaign treasurer" means a personappointed under section 11-198, and, unless expressly indicated otherwise,includes deputy campaign treasurers.

"Candidate" means an individual whoseeks nomination for election, or seeks election, to office. Until an individualterminates the individual's candidacy with the commission, an individual is acandidate if the individual does any of the following:

(1) Files nomination papers for an office for oneselfwith the county clerk's office or with the chief election officer's office,whichever is applicable;

(2) Receives contributions in an aggregate amount ofmore than $100 or makes or incurs any expenditures of more than $100 to bringabout the individual's nomination for election, or to bring about theindividual's election to office;

(3) Gives consent for any other person to receivecontributions or make expenditures to aid the individual's nomination forelection, or the individual's election, to office; or

(4) Is certified to be a candidate by the chief electionofficer or county clerk.

"Candidate's committee" means acommittee as defined in this section which makes an expenditure or accepts acontribution in behalf of a candidate with the candidate's authorization. Acandidate shall have only one authorized candidate's committee.

"Clearly identified" means the name,photograph or other similar image, or other unambiguous identification of thecandidate.

"Commission" means the campaignspending commission.

"Commissioner" means any personappointed to the campaign spending commission.

"Committee" means:

(1) Any organization, association, or individual thataccepts or makes a contribution or makes an expenditure for or against any:

(A) Candidate;

(B) Individual who files for nomination at alater date and becomes a candidate; or

with or without the authorization of thecandidate, individual, or party. In addition, the term "committee"means any organization, association, or individual who accepts or makes acontribution or makes an expenditure for or against any question or issueappearing on the ballot at the next applicable election; or

(2) Any organization, association, or individual thatraises or holds money or anything of value for a political purpose, with orwithout the consent or knowledge of any:

(A) Candidate;

(B) Individual who files for nomination at alater date and becomes a candidate; or

subsequently contributes money or anythingof value to, or makes expenditures on behalf of, the candidate, individual, orparty.

Notwithstanding any of the foregoing, theterm "committee" shall not include any individual making acontribution or expenditure of the individual's own funds or anything of valuethat the individual originally acquired for the individual's own use and notfor the purpose of evading any provision of this subpart, or any organization,which raises or expends funds for the sole purpose of the production anddissemination of informational or educational advertising.

"Contribution":

(1) Means:

(A) A gift, subscription, deposit of money oranything of value, or cancellation of a debt or legal obligation and includesthe purchase of tickets to fundraisers for the purpose of:

(i) Influencing the nomination for election, orelection, of any person to office;

(ii) Influencing the outcome of any question orissue that appears or is reasonably certain to appear on the ballot at the nextapplicable election described in clause (i); or

(iii) Use by any party or committee for thepurposes set out in clause (i) or (ii);

(B) The payment, by any person, politicalparty, or any other entity other than a candidate or committee, of compensationfor the personal services or services of another person that are rendered tothe candidate or committee without charge or at an unreasonably low charge forthe purposes set out in subparagraph (A); or

(C) A contract, promise, or agreement to makea contribution; provided that notwithstanding this subparagraph andsubparagraphs (A) and (B), the term "contributions" shall not includeservices or portions thereof voluntarily provided without reasonablecompensation by individuals to or in behalf of a candidate or committee.

Notwithstanding subparagraphs (A), (B), and (C),a candidate's expenditure of the candidate's own funds or the making of a loanor advance in the pursuit of the candidate's campaign shall not be acontribution for the purpose of this subpart but shall nevertheless bereportable as a campaign receipt;

(2) Does not include an individual or committeeengaging in internet activities for the purpose of influencing an election if:

(A) The individual or committee isuncompensated for the internet activities; or

(B) The individual or committee uses equipmentor services for uncompensated internet activities, regardless of who owns theequipment and services.

For purposes of this exclusion, "internetactivities" includes sending or forwarding electronic messages; providinga hyperlink or other direct access to another person's website; blogging;creating, maintaining, or hosting a website; paying a nominal fee for the useof another person's website; and any other form of communication distributedover the Internet.

For purposes of this paragraph, "equipmentand services" includes computers, software, internet domain names, internetservice providers, and any other technology that is used to provide access toor use of the Internet.

This paragraph does not apply to any payment foran advertisement other than a nominal fee; the purchase or rental of an e-mailaddress list made [at] the direction of a committee; or an e-mail address listthat is transferred to a committee.

"Earmarked funds" means contributionsreceived by a committee or party on the condition that the funds be contributedto or expended on certain candidates, issues, or questions.

"Election" means any election foroffice or for determining a question or issue provided by law or ordinance.

"Election period" means the two-yearperiod between general election days if a candidate is seeking nomination orelection to a two-year office and the four-year time period between generalelection days if a candidate is seeking nomination or election to a four-yearoffice.

"Expenditure":

(1) Means:

(A) Any purchase or transfer of money oranything of value, or promise or agreement to purchase or transfer money oranything of value, or payment incurred or made, or the use or consumption of anonmonetary contribution for the purpose of:

(i) Influencing the nomination for election,or election, of any person seeking nomination for election, or election, tooffice whether or not the person has filed the person's nomination paper;

(ii) Influencing the outcome of any question orissue that has been certified to appear on the ballot at the next applicableelection; or

(iii) Use by any party or committee for the purposesset out in clause (i) or (ii);

(B) The payment, by any person other than acandidate or committee, of compensation for the personal services of anotherperson that are rendered to the candidate or committee for any of the purposesmentioned in subparagraph (A); or

The term does not include volunteer personal servicesand voter registration efforts that are not partisan.

(2) Does not include an individual or committeeengaging in internet activities for the purpose of influencing an election if:

(A) The individual or committee isuncompensated for internet activities; or

(B) The individual or committee uses equipmentor services for uncompensated internet activities, regardless of who owns theequipment and services.

For purposes of this paragraph, "internetactivities" includes sending or forwarding electronic messages; providinga hyperlink or other direct access to another person's website; blogging;creating, maintaining, or hosting a website; paying a nominal fee for the useof another person's website; and any other form of communication distributed overthe Internet.

For purposes of this paragraph, "equipmentand services" includes computers, software, internet domain names,internet service providers, and any other technology that is used to provideaccess to or use of the Internet.

This paragraph does not apply to any payment foran advertisement other than a nominal fee; the purchase or rental of an e-mailaddress list made at the direction of a committee; or an e-mail address listthat is transferred to a committee.

"House bulletin" means a communicationsponsored by any person in the regular course of publication for limiteddistribution primarily to its employees or members.

"Immediate family" means acandidate's spouse or reciprocal beneficiary, and any child, parent,grandparent, brother, or sister of the candidate, and the spouses or reciprocalbeneficiaries of such persons. For the purposes of this part, "reciprocalbeneficiaries" shall have the same meaning as in section 572C-3.

"Independent expenditure" means anexpenditure by a person expressly advocating the election or defeat of aclearly identified candidate and that is not made in concert or cooperationwith or at the request or suggestion of the candidate, the candidate'scommittee, a party, or their agents.

"Individual" means a natural person.

"Loan" means an advance of money,goods, or services, with a promise to repay in full or in part within aspecified period of time. A "loan" does not include expendituresmade on behalf of a committee by a candidate, volunteer, or employee if:

(1) A candidate, volunteer, or employee's aggregateexpenditures do not exceed $1,500 within a thirty day period;

(2) A dated receipt and a written description of thename and address of each payee and the amount, date, and purpose of eachexpenditure is provided to the committee before the committee reimburses thecandidate, volunteer, or employee; and

(3) The committee reimburses the candidate,volunteer, or employee within forty-five days of the expenditure being made.

"Matching payment period" means:

(1) For a primary election, from January 1 of theyear of a general election through the day of the primary election, or ninemonths prior to a special election through the day of a special election; and

(2) For a general election, from January 1 of theyear of a general election through the day of the general election.

"Newspaper" means a publication ofgeneral distribution in the State issued once or more per month which iswritten and published in the State.

"Noncandidate committee" means a committeeas defined in this section that has the purpose of making contributions orexpenditures to influence the nomination for election, the election of anycandidate to political office, or for or against any issue on the ballot, butdoes not include a candidate's committee.

"Office" means any elective public orconstitutional office excluding county neighborhood board and federal electiveoffices.

"Party" means any political partywhich satisfies the requirements of section 11-61.

"Person" means an individual,partnership, committee, association, corporation, business entity,organization, or labor union and its auxiliary committees.

"Political committees established andmaintained by a national political party" means:

(1) The National Committee;

(2) The House Campaign Committee; and

(3) The Senate Committee.

"Private contribution" means amonetary contribution other than from a candidate's own funds or from the Hawaii election campaign fund.

"Qualifying campaign contribution"means an aggregate monetary contribution of $100 or less, by any person duringany matching payment period. Qualifying contributions do not include loans orin-kind contributions.

"Residual funds" or "surplusfunds" means unspent money from contributions held by a candidate orcommittee after a general or special election and after all campaignexpenditures have been paid for the election period.

"Separate segregated fund" means anoncandidate committee that is established by a state or national bank, acorporation, or a labor organization for the purpose of making contributions orexpenditures to influence the nomination for election or the election of anycandidate to political office, or for or against any issue on the ballot.

"Special election" means any electionother than a primary or general election.

"Surplus funds" has the same meaningas "residual funds".

"Terminate candidacy" means the dateon which a candidate has no surplus or deficit and has filed a notice oftermination with the campaign spending commission on forms prescribed by thecommission. [L 1979, c 224, pt of §2; am L 1980, c 232, §1 and c 246, §1(a); amL 1981, c 102, §1 and c 217, §1; gen ch 1985; am L 1987, c 369, §1(1); am L Sp1995, c 10, §2(2) and c 27, §§7, 15; am L 1997, c 375, §2; am L 1999, c 64, §1,c 96, §§1, 12, c 141, §3, and c 187, §§1, 2; am L 2005, c 203, §2; am L 2007, c200, §2; am L 2008, c 11, §2, c 16, §2, and c 244, §24]

Attorney General Opinions

"Kauaians for Nukolii" is a "committee"for purposes of this section. Att. Gen. Op. 84-2.