Advisory Opinion 01-05

     The purpose of this advisory opinion is to provide the Commission's interpretation of the length of term of an office as referenced in section 11-204, Hawaii Revised Statutes ("HRS") in circumstances where there is an office affected by reapportionment or a special election. The legislative amendments made during the 2000 session intended that the maximum contribution limits by persons to candidates be applied to a length of term of office which is the "usual length of term of the office". The usual length of the term of office for senate candidates is four years. But, due to reapportionment, some senate candidates will run for two-year term of office in order to maintain the system of staggered terms for senate officeholders.

     The general application of section 11-204, HRS, is that the contribution limit directly corresponds to the office that the candidate is seeking. Thus, for example, if the candidate is seeking a seat for the state senate, the length of term of office is four years, and the contribution limit is $4,000 by any person for a candidate. The contribution limit for a candidate seeking a two-year office is limited to $2,000 in a similar manner. Reapportionment will require that all twenty-five senate seats will be open for contests in the 2002 elections. In order to maintain the staggered term concept, whereby half of the seats are open every two years, some of the candidates will run for a two-year term. The reapportionment commission will decide which seats will be four-year terms, and which seats will be two-year terms.

     In the 2000 session the legislature amended section 11-204, HRS, to insure that candidates that were impacted by reapportionment or a special election resulting in shortened terms would continue to maintain the same contribution limit. The amendment to section 11-204(a), HRS reads as follows:

(2) 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 term of that office.(Emphasis added)

The Legislature amended this section with the intent that, notwithstanding reapportionment, senate candidates that were running for a two-year term would be subject to the contribution limit of $4,000 per person. The actual term of office is shortened to two years, instead of the usual term of office of four years, as affected by reapportionment. The amendment intends that the contribution limit be applied as if the usual term would, in fact be four years for the shorter period.

     Certain senate incumbents were elected in 1998. Where these incumbents run for a senate seat in 2002 for a two-year term, the contribution limit from any person will be $4,000. The contribution limit of $4,000 per person will be applied during the period covering 1998 to 2002. Challengers to the incumbent will also be subject to the $4,000 contribution limit from any contributor for the same period. Other senate incumbents were elected in 2000. Where these incumbents run for a four-year seat or a two-year seat, contributors to the candidates will be limited to the $4,000 amount during the period covering 1998 to 2002.

     The same reasoning would apply to a special election to fill a vacancy. For example, if there is a special election to fill the Honolulu mayors seat in 2002, the contribution limit of $4,000 would apply to persons making contributions to candidates for that seat, even though the winner will be in the office for two years. The applicable contribution period will also be from 1998 to 2002.

     This 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 administrative rules by the Commission.

Dated: Honolulu, Hawaii, July 18, 2001.

CAMPAIGN SPENDING COMMISSION

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A. Duane Black
Chairperson

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Della Au
Commissioner

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Mona Chock
Commissioner

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Richard Choy
Commissioner