Advisory Opinion 01-05, Amendment I
The purpose of this advisory opinion is to revoke portions of the Commission's previous interpretation of section 11-204, Hawaii Revised Statutes ("HRS") and clarify the Commission’s interpretation of the applicable election period for contribution limits for terms of office affected by reapportionment or special election to fill a vacancy.
The legislative amendments during the 2000 session intended that the maximum contribution limits by persons to candidates relate to a length of term of office identified as the "usual length of term of the office" rather than a shortened term affected by reapportionment or special election to fill a vacancy. The amendment to section 11-204(a), HRS reads in pertinent part 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 who were running for a two-year term would be subject to the four-year office contribution limit of $4,000 per person.
The same analysis applies to a special election to fill a vacancy. Therefore, if a special election to fill the vacancy for the Office of the Mayor, City and County of Honolulu is held in 2002, the applicable contribution limit for persons making contributions to candidates for that two-year office will be $4,000.
The issue that raises confusion and concern is whether the statutory amendment contemplated the applicable election period during which a candidate may collect contributions and be subject to the contribution limits pursuant to section 11-204, HRS. In the original Advisory Opinion No. 01-05, the Commission determined that the statutory amendment was silent on the issue of an applicable election period and thus the Commission’s previous interpretation applied. That interpretation, as originally provided in Advisory Opinion No. 00-10, stems from the section 11-191, HRS, definition of "election period" providing that the election period for an office that is or is deemed to be a four-year office shall be the four years immediately preceding the election for that office.
However, upon further consideration, this Commission believes that the "election period" definition is not affected by the statutory amendment. The Commission understands that the legislature’s interest was to carve out a statutory exception to the "contribution limit" for incumbents having to run for a two-year office but not affect the contribution amount per contributor. Therefore, for purposes of section 11-191, HRS, the election period for a two-year term shall be the two-year period between the general election days or the period between the last general election day and the special election. This interpretation would apply for the usual term of office or a term shortened by an intervening event such as reapportionment or special election.
Similarly, a four-year contribution period shall apply to a candidate seeking nomination or election to a four-year office unaffected by reapportionment or a special election. Therefore, in a case where a candidate participates in a special election prior to a primary or general election, that candidate may be subjected to an overlapping contribution period and aggregate contribution limits will apply.
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, January 15, 2002.
CAMPAIGN SPENDING COMMISSION
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A. Duane Black
Chairperson
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Della Au Belatti
Commissioner
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Clifford Muraoka
Commissioner
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Mona Chock
Commissioner
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Richard Choy
Commissioner
