§11-204  Campaign contributions; limits as
to persons. 



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



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



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



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



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



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



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



(c)  A candidate's immediate family, in making
contributions to the candidate's campaign, shall be exempt from the above
limitation, but shall be limited in the aggregate to $50,000 in any election
period.  The aggregate amount of $50,000 shall include any loans made for campaign
purposes to the candidate from the candidate's immediate family.



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



(e)  Any candidate, candidate's committee, or
committee that receives in the aggregate more than the applicable limits set
forth in this section in any primary, initial special, special, or general
election from a person, shall be required to return any excess contribution to
the original donor within thirty days of receipt of the excess contribution. 
Any excess contribution not returned to the original donor within thirty days
shall escheat to the Hawaii election campaign fund.  A candidate, candidate's
committee, or committee who complies with this subsection prior to the
initiation of prosecution shall not be subject to any penalty under section
11-228.



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



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



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



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



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



(2)  The contribution funds are not
domestically-derived.



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



(k)  The contribution limits under this section
shall apply for the office sought by the candidate.  This section shall not
apply 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, c
261, §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 L
2005, c 203, §7]



 



Attorney General Opinions



 



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