Advisory Opinion 01-04

     During the 2001 collective bargaining strike of teachers and professors employed by the Department of Education and the University of Hawaii advice was sought from some candidates as to whether campaign funds could be used to purchase food or other items to assist the strikers. The Commission provides this advisory opinion that there is no legal basis which would allow candidates to use campaign contributions for the purpose of assisting strikers with food or other items.

     Section 11-200, Hawaii Revised Statutes ("HRS") states in relevant part that "a candidate, campaign treasurer, or candidate's committee shall not receive any contributions or receive or make any transfer of money or anything of value", "(F)or any purpose other than that directly related" to the campaign of the candidate. The statute clearly provides that campaign contributions are solely for the purpose of express advocacy and any costs directly related thereto. There are several narrow exceptions to the use of campaign contributions for purposes other than those directly related to a candidate’s campaign.

     In a limited manner, there are exceptions provided in sections 11-200 and 11-206, HRS. For example, candidates may purchase two tickets to fundraisers held by another candidate; use campaign funds for any ordinary and necessary expenses incurred in connection with the candidate's duties as a holder of an elected office; use funds for politically related activities sponsored by the candidate; or make donations to charitable or community organizations. In the latter case, such contributions are limited to a community service, educational, youth, recreational, charitable, scientific, or literary organization. Although strikers may be in need of assistance, there is no basis in the law or rules that would allow for campaign contributions to be used for such purpose.

     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 the enactment of amendments to the Hawaii Revised Statutes or the adoption of administrative rules by the Commission.

Dated: Honolulu, Hawaii, June 5, 2001.

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

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Mona Chock
Commissioner