§11-204  Campaign contributions; limits asto persons. 

  (a)(1)  No person or any other entity shall makecontributions to:

(A)  A candidate seeking nomination or electionto a two-year office or to the candidate's committee in an aggregate amountgreater than $2,000 during an election period;

(B)  A candidate seeking nomination or electionto a four-year statewide office or to the candidate's committee in an aggregateamount greater than $6,000 during an election period; and

(C)  A candidate seeking nomination or electionto a four-year nonstatewide office or to the candidate's committee in anaggregate amount greater than $4,000 during an election period.

These limits shall not apply to a loan madeto a candidate by a financial institution in the ordinary course of business;

(2)  For purposes of this section, the length of termof an office shall be the usual length of term of the office as unaffected byreapportionment, a special election to fill a vacancy, or any other factorcausing the term of the office the candidate is seeking to be less than theusual length of term of that office.

(b)  No person or any other entity shall makecontributions to a noncandidate committee, in an aggregate amount greater than$1,000 in an election.

(c)  A candidate's immediate family, in makingcontributions to the candidate's campaign, shall be exempt from the abovelimitation, but shall be limited in the aggregate to $50,000 in any electionperiod.  The aggregate amount of $50,000 shall include any loans made for campaignpurposes to the candidate from the candidate's immediate family.

(d)  A contribution by a dependent minor shallbe reported in the name of the minor but shall be counted against thecontribution of the minor's parent or guardian.

(e)  Any candidate, candidate's committee, orcommittee that receives in the aggregate more than the applicable limits setforth in this section in any primary, initial special, special, or generalelection from a person, shall be required to return any excess contribution tothe original donor within thirty days of receipt of the excess contribution. Any excess contribution not returned to the original donor within thirty daysshall escheat to the Hawaii election campaign fund.  A candidate, candidate'scommittee, or committee who complies with this subsection prior to theinitiation of prosecution shall not be subject to any penalty under section11-228.

(f)  All payments made by a person or politicalparty whose contributions or expenditure activity is financed, maintained, orcontrolled by any corporation, labor organization, association, politicalparty, or any other person or committee, including any parent, subsidiary,branch, division, department, or local unit of the corporation, labororganization, association, political party, political committees establishedand maintained by a national political party, or any other person, or by anygroup of those persons shall be considered to be made by a single person orpolitical party.

(g)  An individual and any general partnershipin which the individual is a partner shall be treated as one person.

(h)  No committee that supports or opposes acandidate for public office shall have as officers individuals who serve asofficers on any other committee which supports or opposes the same candidate. No such committee shall act in concert with, or solicit or make contributionson behalf of, any other committee.

(i)  No contributions or expenditures shall bemade to or on behalf of a candidate or committee by a foreign national orforeign corporation, including a domestic subsidiary of a foreign corporation,a domestic corporation that is owned by a foreign national, or a localsubsidiary where administrative control is retained by the foreign corporation,and in the same manner prohibited under 2 United States Code section 441e and11 Code of Federal Regulations 110.20, as amended.  No foreign-owned domesticcorporation shall make contributions where:

(1)  Foreign national individuals participate inelection-related activities such as decisions concerning the making ofcontributions or the administration of a political committee; or

(2)  The contribution funds are notdomestically-derived.

(j)  No person or any other entity other thanpolitical committees established and maintained by a national political partyshall make contributions to a political party in an aggregate amount greaterthan $25,000 in any two-year election period.  No political committeeestablished and maintained by a national political party, shall make contributionsto a political party in an aggregate amount greater than $50,000 in anytwo-year election period.

(k)  The contribution limits under this sectionshall apply for the office sought by the candidate.  This section shall notapply to ballot issue committees. [L 1979, c 224, pt of §2; am L 1980, c 246,§1(f); gen ch 1985; am L 1987, c 369, §1(7); am L 1988, c 403, §1; am L 1989, c261, §1; am L Sp 1995, c 10, §2(10); am L 1997, c 375, §8; am L 1998, c 31, §1;am L 1999, c 96, §6 and c 187, §3; am L 2000, c 99, §4 and c 242, §1; am L2005, c 203, §7]

 

Attorney General Opinions

 

  Subsection (b):  violates First Amendment to U.S.Constitution because it restricts persons or other entities from makingcontributions to noncandidate ballot measure committees.  Subsection (j): statutory provision prohibits contributions based upon length of time thatnoncandidate committee has been registered; this durational requirement isunconstitutional because it imposes limitations on the right of association andthe right of expression when contributions are made to noncandidatecommittees.  Att. Gen. Op. 98-5.