Readers should use this for informational purposes only.  A complete version of the campaign spending law and the administrative rules have been provided for your reference.

• Campaign Spending Law (Last updated July 28, 2008 includes Act 11 and Act 244)
   
• Hawaii Administrative Rules, Chapter 14.1
• Hawaii Administrative Rules, Chapter 14.2

Frequently Asked Questions (FAQs)

Candidates and Candidate Committees:

Where can I review campaign contribution and expenditure reports for candidates?

Campaign spending reports for all candidate committees are available on our website by clicking on "View Candidates' Contributions and Expenditures."  All reports filed with the Commission are open for public inspection and preserved for ten years.

How does a candidate register with the Campaign Spending Commission?

Each candidate must file an Electronic Filing Form to obtain a username and password to login to the Candidate Filing System (CFS) and electronically file the Organizational Report to register with the Commission.  The Organizational Report must be electronically filed within ten days of filing nomination papers for office or within ten days of the date the candidate or candidate’s committee receives contributions or makes expenditures that amount to more than $100 in the aggregate during the applicable election period, whichever occurs first.  Also see the Guidebook for Candidate Committees.

Do I need a campaign treasurer?

A campaign treasurer must be appointed on or before electronically filing an Organizational Report.  The candidate may appoint himself/herself as campaign treasurer, however, it is strongly recommended that the treasurer be someone other than the candidate.  Up to five deputy campaign treasurers may be appointed.  The campaign treasurer and deputy campaign treasurers are authorized to receive contributions and make expenditures on behalf of the candidate.

When must I file disclosure reports and late contribution reports?

A reporting schedule with the required reports, reporting periods and reporting deadlines is provided on the website.  For more information regarding the filing of reports, please contact the Commission at (808) 586-0285.

What must be reported?

All monetary and non-monetary contributions, other receipts such as refunds and public funds, loans as well as expenditures must be fully disclosed on the CFS.  An organized recordkeeping system must be established to facilitate the reporting process and to provide a documented audit trail for all transactions.  Also see the Campaign Treasurer's Manual for help with setting up an acceptable recordkeeping system.

Who must file reports electronically?

All candidates for all offices must file reports electronically on the CFS.  There are no exceptions or waivers.  See the CFS webpage for information to obtain a confidential password  and valid username for logging into the web-based CFS.

What is the penalty for failing to file by a reporting deadline?

Candidate and candidate committees that fail to file by a reporting deadline are assessed a $50 penalty per day for the first seven days, then $200 per day thereafter, except for the 2^nd Preliminary Primary Report and the Preliminary General Report, for which the fines are $300 per day.  There is a cap on these fines.

How much can a person contribute to a candidate?

The contribution limits vary according to the office that a candidate is seeking.  The contribution limits for the three types of offices are as follows:

• A candidate seeking nomination or election to a two-year office-Aggregate contributions not to exceed $2,000 during an election period;
• A candidate seeking nomination or election to a four-year nonstatewide office-Aggregate contributions not to exceed $4,000 during an election period;
• A candidate seeking nomination or election to a four-year statewide office-Aggregate contributions not to exceed $6,000 during an election period.

The following is a list of offices and their respective contribution limits:

Two-Year Office ($2,000 Limit for the Election Period)

State House of Representative
County Council (Hawaii, Maui, Kauai)

Four-Year Nonstatewide Office ($4,000 Limit for the Election Period)

State Senate
Mayor
Prosecuting Attorney
City Council (Honolulu)
Board of Education

Four-Year Statewide Office ($6,000 Limit for the Election Period)

Governor
Lt. Governor
Office of Hawaiian Affairs

What is the Election Period?

"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.  The current election periods are as follows:

• Two-year office (2008 Election Period) - November 8, 2006, through the day of the next General Election which is November 4, 2008;
• Four-year office (2008 and 2010 Election Periods) - November 3, 2004, through the day of the next General Election which is November 4, 2008 or November 8, 2006, through the day of the next General Election which is November 2, 2010.

See the Candidate Contribution Limits And Election Period Information for a more detailed list.

What does all of this mean?

Let's use the office of Governor as an example.  The contribution limit for the office of Governor is $6,000 and the election period is from November 8, 2006, through the day of the next General Election which is November 2, 2010.  A contributor who wants to make the maximum contribution can make a $6,000 contribution at any time during the election period.  The same contributor can also decide to make four separate contributions.  For example, the contributor can contribute $1,500 in 2007, $1,500 in 2008, $1,500 in 2009 and another $1,500 in 2010.  The total aggregate amount of these contributions cannot exceed the $6,000 limit.

How much can a candidate's immediate family contribute?

Contributions from a candidate’s immediate family are limited in the aggregate to $50,000 in any election period.  The aggregate amount of $50,000 includes any loans made for campaign purposes to the candidate from the candidate’s immediate family.

“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.  Reciprocal beneficiary shall have the same meaning as in Hawaii Revised Statutes Section 572C-3.

What if a Candidate or Candidate Committee receives contributions in excess of the limit?

If the contribution is returned to the contributor within seven days of deposit, the candidate or candidate committee does not have to report the contribution.  Any candidate or candidate committee that receives in the aggregate more than the contribution limits 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.

Is an anonymous contribution legal?

Anonymous contributions are prohibited under the campaign spending law.  If a candidate, candidate committee, or noncandidate committee (including a party) receives an anonymous contribution, they are required to return it to the contributor.  If the contributor cannot be identified, the entire amount of the anonymous contribution must be forwarded to the Commission to be deposited into the Hawaii Election Campaign Fund.

Anonymous contributions may be retained by a committee only if they aggregate less than $500 when obtained through multiple contributions made by ten or more persons at the same political function (e.g., calabash bowls).  Detailed records must be retained of the political function such as a description of the means, method, place and date of receipt of the contributions.

How many fundraisers can a candidate have?

A candidate may have any number of fundraisers.  A fundraiser means "any function held for the benefit of a person that is intended or designed, directly or indirectly, to raise funds for political purposes for which the price or suggested contribution for attending the function is more than $25 per person."

However, the person in charge of the fundraiser must file the Notice Of Intent To Hold A Fundraiser form with the Commission prior to the date of the function setting forth the name and address of the person in charge, the price per person, the date, hour, and place of the function and the method of obtaining contributions.

What information is required on advertisements?

All advertisements, exclusive of bumper stickers or other sundry items, must have words to the effect of "Paid for by" and contain the name and address of the person paying for the advertisement.  If the advertisement is not paid for by a candidate or candidate’s committee, the advertisement must contain the name and address of the person paying for the advertisement with a notice in a prominent location that the advertisement was published, broadcast, televised, or circulated with or without the approval and authority of the candidate.

Public Funding:

What must I consider before deciding whether to accept public funding?

You should consider three things: (1) Can you run your campaign within the expenditure limits for your office?; (2) Can you raise the minimum qualifying contributions necessary to receive public funding?; and (3) Is the maximum amount of public funds for your office sufficient for your campaign (plus private contributions raised up to the expenditure limit)?

What are the benefits for voluntarily agreeing to limit campaign expenditures?

Candidates that voluntarily agree to limit their campaign expenditures are entitled to the following benefits:

• Discounted filing fee with the Office of Elections;
• Contributors may take a tax deduction; and
• Eligible for public funds.

If I agree to comply with the expenditure limit for my office, do I have to accept public funds?

No.  Some candidates file the “Affidavit to Voluntarily Agree with Campaign Expenditure Limits” just to receive the discounted filing fee for nomination papers.

How do I qualify for public funding?

Refer to the Public Funding Guidebook Candidate Committees for information regarding qualifying and applying for public funds.

Noncandidate Committees:

Where can I review contribution and expenditure reports for noncandidate committees?

Campaign contribution and expenditure reports for all noncandidate committees will be available on our website beginning September 10, 2008.  On September 10, 2008, go to www.hawaii.gov/campaign and click "View Noncandidate Committee Contributions and Expenditures."  All reports filed by noncandidate committees with the Commission prior to September 10, 2008, are open for public inspection at the Commission office and all reports are preserved for ten years.

What is a Noncandidate Committee?

In lay terms, anyone, including businesses, other than an individual using personal money to make a contribution.  "Noncandidate committee" means a committee as defined in Hawaii Revised Statutes Section 11-191 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.

A “committee” is any "organization, association, or individual that accepts or makes a contribution or makes an expenditure for or against any…candidate…or party….”

A noncandidate committee that receives contributions or makes expenditures that amount to more than $1,000, in the aggregate, in a two-year election period must register as a noncandidate committee and electronically file reports with the Commission.  (The issue whether a corporation or company contributing treasury funds directly to a candidate is a noncandidate committee subject to registration and reporting requirements is currently in litigation.  Call the Commission at 808-586-0285 for more information).

An individual is not considered a committee when making a contribution directly to the candidate or making an expenditure, of the individual's own funds or anything of value that the individual originally acquired for the individual's own use.

The current two-year election period for purposes of registration of a noncandidate committee is November 8, 2006 through November 4, 2008.

How do I register a Noncandidate Committee?

Each noncandidate committee must file an Electronic Filing Form to obtain a username and password to login to the Noncandidate Committee Filing System (NCFS) and electronically file the Organizational Report to register with the Commission.  The Organizational Report must be electronically filed within ten days of receiving contributions or making expenditures that amount to more than $1,000, in the aggregate, in a two-year election period; except that within the thirty day period prior to an election, a noncandidate committee shall electronically file an Organizational Report within two days of receiving contributions or making expenditures that amount to more than $1,000, in the aggregate, in a two-year election period.

When must the Noncandidate Committee file disclosure reports and late contribution reports?

A reporting schedule with the required reports, reporting periods and reporting deadlines is provided on the website.  For more information regarding the filing of reports, please contact the Commission at (808) 586-0285.

What must be reported?

All monetary and non-monetary contributions, other receipts such as refunds and rebates, and expenditures must be fully disclosed on the NCFS.  An organized recordkeeping system must be established to facilitate the reporting process and to provide a documented audit trail for all transactions.

What is the penalty for failing to file by a reporting deadline?

Noncandidate Committees that fail to file by a reporting deadline are assessed a $50 penalty per day for the first seven days, then $200 per day thereafter, except for the 2^nd Preliminary Primary Report and the Preliminary General Report, for which the fines are $300 per day.  There is a cap on these fines.

How much can a person contribute to a Noncandidate Committee?

No person or any other entity shall make contributions to a Noncandidate Committee, in an aggregate amount greater than $1,000 in an election (primary and general).

A person may contribute an aggregate amount up to $1,000 to a noncandidate committee between November 8, 2006, through September 20, 2008.  A person may contribute another aggregate amount up to $1,000 to a noncandidate committee between September 21 through November 4, 2008.

How much can a person contribute to a Political Party Noncandidate Committee?

No person or any other entity shall make contributions to a political party in an aggregate amount greater than $25,000 in any two-year election period.

What if a Noncandidate Committee receives contributions in excess of the limit?

If the contribution is returned to the contributor within seven days of deposit, the noncandidate committee does not have to report the contribution.  Any noncandidate committee that receives in the aggregate more than the contribution limits 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.