Minutes for February 14, 2007
Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 204
February 14, 2007
10:00 a.m.
Members Present:
Paul Kuramoto, Steven Olbrich, Gino Gabrio, Dean Robb
Michael Weaver-excused
Staff Present:
Barbara Wong, Tony Baldomero, Grant Tanimoto, Ellen Kojima
Call to Order:
Meeting convened at 10:05 a.m. with Chairperson Kuramoto presiding.
Consideration of Minutes:
Mr. Gabrio asked that the minutes of January 10, 2007 be amended to reflect that Mr. Halagao exceeded the limit prior to the issuance of the Attorney General opinion.
Mr. Gabrio moved to accept the minutes of January 10, 2007 as amended to state that Mr. Halagao exceeded the limit prior to the issuance of the Attorney General opinion. Motion seconded by Chair Kuramoto. Motion carried.
Old Business:
Draft Advisory Opinion 06-07
Jim Brewer, a Green Party candidate requested an opinion regarding whether four television stations and the Hawaii Chapter of the Society of Professional Journalists made an in-kind contribution to the Lingle and Iwase campaigns by holding a televised debate, to which he was not invited.
As requested at the last meeting, the current draft advisory opinion for consideration has been revised to provide general guidance. Mr. Gabrio noted that the opinion still includes specific facts and asked whether the opinion could be done without the specific facts.
Mr. Brewer reiterated the unfairness of not being included in the television debate. Mr. Gabrio noted that the question is not whether Mr. Brewer should or should not have been included in the debate but whether a campaign contribution was made.
Mr. Gabrio moved to accept advisory opinion 06-07 as amended by Commissioner Robb with specific facts removed. Motion seconded by Mr. Olbrich. Motion carried
New Business:
Draft Conciliation Agreement 07-06 Robert Iwamoto, Jr. and Robert Scott Iwamoto
The Kim Coco Iwamoto campaign committee received excess contributions of $1,000 from Robert Iwamoto, Jr. and $5,000 from Robert Scott Iwamoto in violation of HRS section 11-204(a).
As family members they are allowed to give more than the $4,000 contribution limit but not more than $50,000 in any election period. The $6,000 excess will escheat from the Kim Coco Iwamoto campaign committee. Staff recommended fines of $350 for Robert Iwamoto Jr. and $1,500 for Robert Scott Iwamoto.
Mr. Robb moved to accept Conciliation Agreement 07-06. Motion seconded by Mr. Gabrio. Motion carried.
Draft Conciliation Agreement 07-07 Justin Avery, Justin Avery Candidate Committee
The Justin Avery committee failed to deposit contributions within 7 days of receipt in violation of HAR section 1-14.1-7 and failed to report expenditures for a band and for food and refreshments in violation of HRS section 11-207. Staff recommended a fine of $200, which Mr. Avery has agreed to.
Mr. Robb moved to accept Conciliation Agreement 07-07. Motion seconded by Mr. Olbrich. Motion carried.
Rescind Advisory Opinion 01-08
Advisory opinion allowed unlimited contributions of campaign funds via durable asset donations to non-profit organizations upon termination of candidacy. Staff recommended that the advisory opinion be rescinded because the wording “or be donated to a non-profit organization” was repealed in Act 203, SLH 2005. The law provides for contributions to non-profit organizations up to the contribution limit of the candidate’s office.
Mr. Olbrich moved to rescind Advisory Opinion 01-08. Motion seconded by Mr. Gabrio. Motion carried.
Draft Advisory Opinion 07-01/Rescind AOs 00-10, 01-05, 01-05 Amended, 01-10, 02-01 & 02-07
Advisory Opinions to be rescinded all address the contribution limits and the election periods for special elections, reapportionment and overlapping election periods. All issues now updated and addressed in one proposed draft advisory opinion. Draft advisory opinion permits candidates for each type of election to receive contributions up to the amount designated in section 11-204(a), even if the election period is shorter than the usual term of office. Election periods vary as specified in the draft advisory opinion.
Mr. Olbrich suggested that a paragraph be added to note the election period for the time between the holding of a special election and the next general election, and that the contribution limit is for the usual length of term of the office.
Mr. Olbrich moved to accept Advisory Opinion 07-07 as amended and that Advisory Opinions 00-10, 01-05, 01-05 Amended, 01-10, 02-01 and 02-07 be rescinded. Motion seconded by Mr. Robb. Motion carried.
Communication to Commission:
Strategic Planning
Agenda for Strategic Planning scheduled for Wednesday, February 28 and Thursday, March 1, 2007, has been set. Commissioners asked to attend if schedule permits.
Legislation
Testified at two budget hearings and on the following bills:
HB 389 prohibits candidates for public office from appearing in public service announcements from filing of nomination papers until the general election.
HB 661 comprehensive public funding for elections to the state house of representatives
HB1130 Commission bill
HB 1131 changes the date of the primary election
Next Meeting:
Strategic Planning scheduled for Wednesday, February 28 and Thursday March 1, 2007.
No further business to discuss – Mr. Olbrich moved to adjourn meeting. Motion seconded by Mr. Gabrio. Motion carried.
Meeting adjourned at 11:20 a.m.
