Minutes for February 22, 2000

Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 203
February 22, 2000
3:00 p.m.

Members Present:
A. Duane Black, Della Au, Clifford Muraoka, Andrea Low and Elizabeth Lee

Staff Present:
Robert Watada, Jon Itomura and Ellen Kojima

Call to Order:
Meeting convened at 3:04 p.m. with Chairman Black presiding.

Old Business:
Draft AO 99-07 Local Political Parties
Because of changes made to the draft, staff is asking that the Commission adopt the revised draft advisory opinion. The substance of the opinion remains the same, it was revised to make it more clear.

Mr. Muraoka moved to adopt the revised AO 99-07 as drafted, Ms Lee seconded. Motion carried. (Vote: Aye: Black, Au, Muraoka, Lee No: Low)

Mr. Richard Clifton commented that the revised draft advisory opinion is much more clear in its position, but he still disagrees with the conclusion, in that party committees should be treated as separate committees and not as a single organization with the central party.

New Business:
Draft AO 00-01 Contributions for an Office
A candidate has asked whether they could hold a fundraiser even though they would not be in the next immediate election. The law does not prohibit a candidate from holding a fundraiser for a future election, although it would suggest that fundraisers are to be held to raise funds for the next immediate election. This advisory opinion clarifies that funds raised from a fundraiser are to be used for the next immediate applicable election.

Ms Low moved to adopt AO 00-01 as drafted, Mr. Muraoka seconded. Motion carried.

Draft AO 00-02 Adopt A Teacher and Like Programs
This draft advisory opinion clarifies that surplus funds after a general election can be used to donate to community, educational and charitable organizations.

Ms Lee moved to adopt AO 00-02 as drafted, Mr. Muraoka seconded. Motion carried.

Draft AO 00-03 Use of Campaign Contributions for Other Candidates
It has been asked whether a candidate can use campaign funds to purchase flowers or other favors for another candidate from campaign contributions. This draft advisory opinion clarifies that except for the purchase of two fundraiser tickets a candidate cannot use campaign funds on behalf of another candidate.

Ms Low moved to adopt AO 00-03 as drafted, Mr. Muraoka seconded. Motion carried.

Draft AO 00-04 Public Service Announcements
Former Mayor Frank Fasi has asked the Commission to rule on PSAs and other media events that elected officials conduct in their capacity as mayor, governor, etc. Although the Commission has jurisdiction over political messages promoting a candidate it does not have jurisdiction over elected officials informing constitutants about the city or state.

Ms Lee moved to adopt AO 00-04 as drafted, Mr. Muraoka seconded. Motion carried.

Communications to Commission:
Supreme Court Decision – Campaign Contribution Limits
The Supreme court has upheld the Buckley v. Valeo ruling allowing regulation of campaign contributions in the Nixon v. Shrink Missouri case.

FEC Paper Filing Waiver
The mandate requiring states to be depositories for spending reports for federal candidates has been waived for Hawaii. Replacing the paper files is electronic Internet access to the campaign reports of federal candidates and committees. The FEC has provided the office the hardware to be able to access their web site.

Legislation
Twenty-two bills have been introduced, but there does not appear to be a major effort to move much of the legislation.

Next Meeting:
Scheduled for Tuesday, March 7, 2000 at 3:00 p.m.

Chairman Black called to convene executive session to discuss with counsel hearing procedures.

Public session reconvened at 5:00 p.m.