Advisory Opinion 00-10

     Two vacancies for Honolulu City and County Council in the 2000 elections call for a special election in a "winner take all" format in conjunction with the primary election. Questions have arisen with regards to the contribution limit and the relevant election period for this particular special election. By this advisory opinion, the Commission opines that the contribution limit for the special election to be $4,000 for the election period from the day after the general election in 1996 to the day of the general election in 2000.

     The 2000 Legislature amended the campaign spending law, which was signed by the Governor on June 19, 2000, as Act 242. Section 11-204(a), Hawaii Revised Statutes ("HRS") regarding campaign contributions was amended to insure that candidates will be able to receive the full contribution limit regardless of reapportionment, or special election to fill a vacancy or any other factor causing the term of office to be less than the usual length of term for that office.

      The amendment reads in part as follows:

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 that office. (Emphasis added)

     The Commission through Advisory Opinion 99-04 advised Senate candidates running for the 2000 and the 2002 elections that due to the Constitutional provisions on reapportionment providing for two year terms, the contribution limit would be $2,000 pursuant to section 11-204, HRS. The Legislature amended this section with the above language with the intent that notwithstanding reapportionment, Senate candidates would be able to continue to receive the contribution limit of $4,000 per contributor. Although the amendment is not clear as to what is the "usual length of term of the office"; the intent was to insure that Senate candidates would be able to receive $4,000 in any election period in which they are on the ballot.

     Similarly, the intent of the amendment on contribution limits would apply to the City and County of Honolulu special election. The candidates will fill a two-year vacancy; however, the usual length of term for the office is four years. Section 11-204(a)(1)(C), HRS, provides that a candidate seeking election to a four-year nonstatewide office is limited to a contribution limit of $4,000 during the election period. The election period is defined as the four-year period from general election to general election for a candidate seeking a four-year term. The usual term of office is applied as if the candidate is seeking election to a four-year office. Therefore, candidates on the ballot for the special election in the year 2000 are limited to receiving $4,000 from any person for the four-year period preceding the election.

     Section 2-14.1-10, of the current Hawaii Administrative Rules provides that the election period for a special election shall be the period for that vacant office. The original office holders for these seats began in 1998, with the four-year period ending in 2002. However, the legislative amendments of 2000 to the revised statutes take precedence over the administrative rules. The Commission shall make a rule change to conform to the amendments in the revised statutes.

     This Advisory Opinion is provided by the Commission as a means of stating its current interpretation of the Hawaii Election Campaign Contributions and Expenditures laws provided under HRS section 11-191 et seq. and the administrative rules of the Commission provided in chapter 2-14, Hawaii Administrative Rules. The Commission may adopt, revise, or revoke this Advisory Opinion upon its own initiative or upon the enactment of amendments to the Hawaii Revised Statutes or the adoption of amendments to the administrative rules by the Commission.

Dated: Honolulu, Hawaii, October 4, 2000.

CAMPAIGN SPENDING COMMISSION

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A. Duane Black
Chairperson

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Della Au
Commissioner

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Clifford Muraoka
Commissioner