§11-191 - Definitions.

B. Election
Campaign Contributions and Expenditures

§§11-191 to 213 [OLD] REPEALED. L
1979, c 224.

§11-191 Definitions. When used in this
subpart:

"Advertisement" means:

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

(A) Identifies a candidate either directly or
by direct implication;

(B) Advocates or supports the nomination for
election of the candidate;

(D) Advocates or supports the candidate's
defeat.

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

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

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

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

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

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

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

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

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

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

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

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

"Commission" means the campaign
spending commission.

"Commissioner" means any person
appointed to the campaign spending commission.

"Committee" means:

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

(A) Candidate;

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

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

(2) Any organization, association, or individual that
raises or holds money or anything of value for a political purpose, with or
without the consent or knowledge of any:

(A) Candidate;

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

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

Notwithstanding any of the foregoing, the
term "committee" shall not include any individual making a
contribution or expenditure of the individual's own funds or anything of value
that the individual originally acquired for the individual's own use and not
for the purpose of evading any provision of this subpart, or any organization,
which raises or expends funds for the sole purpose of the production and
dissemination of informational or educational advertising.

"Contribution":

(1) Means:

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

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

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

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

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

(C) A contract, promise, or agreement to make
a contribution; provided that notwithstanding this subparagraph and
subparagraphs (A) and (B), the term "contributions" shall not include
services or portions thereof voluntarily provided without reasonable
compensation 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 loan
or advance in the pursuit of the candidate's campaign shall not be a
contribution for the purpose of this subpart but shall nevertheless be
reportable as a campaign receipt;

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

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

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

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

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

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

"Earmarked funds" means contributions
received by a committee or party on the condition that the funds be contributed
to or expended on certain candidates, issues, or questions.

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

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

"Expenditure":

(1) Means:

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

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

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

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

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

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

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

(A) The individual or committee is
uncompensated for internet activities; or

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

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

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

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

"House bulletin" means a communication
sponsored by any person in the regular course of publication for limited
distribution primarily to its employees or members.

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

"Independent expenditure" means an
expenditure by a person expressly advocating the election or defeat of a
clearly identified candidate and that is not made in concert or cooperation
with or at the request or suggestion of the candidate, the candidate's
committee, 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 a
specified period of time. A "loan" does not include expenditures
made on behalf of a committee by a candidate, volunteer, or employee if:

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

(2) A dated receipt and a written description of the
name and address of each payee and the amount, date, and purpose of each
expenditure is provided to the committee before the committee reimburses the
candidate, 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 the
year of a general election through the day of the primary election, or nine
months prior to a special election through the day of a special election; and

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

"Newspaper" means a publication of
general distribution in the State issued once or more per month which is
written and published in the State.

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

"Office" means any elective public or
constitutional office excluding county neighborhood board and federal elective
offices.

"Party" means any political party
which 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 and
maintained by a national political party" means:

(1) The National Committee;

(2) The House Campaign Committee; and

(3) The Senate Committee.

"Private contribution" means a
monetary 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 during
any matching payment period. Qualifying contributions do not include loans or
in-kind contributions.

"Residual funds" or "surplus
funds" means unspent money from contributions held by a candidate or
committee after a general or special election and after all campaign
expenditures have been paid for the election period.

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

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

"Surplus funds" has the same meaning
as "residual funds".

"Terminate candidacy" means the date
on which a candidate has no surplus or deficit and has filed a notice of
termination with the campaign spending commission on forms prescribed by the
commission. [L 1979, c 224, pt of §2; am L 1980, c 232, §1 and c 246, §1(a); am
L 1981, c 102, §1 and c 217, §1; gen ch 1985; am L 1987, c 369, §1(1); am L Sp
1995, 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, c
200, §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.