Advisory Opinion 01-10
The purpose of this advisory opinion is to provide guidance on the applicable contribution limit and corresponding election period for the Special Election to fill a vacated City Council seat. The Commission, in anticipation of a 2002 Honolulu City Council special election to fill a vacated seat provides this advisory opinion. In brief summary, the contribution limit for any person making contributions to candidates in the Honolulu City Council 2002 special election shall be $4,000 for the period covering November 3, 1998, until the date of the 2002 Honolulu City Council special election.
The corresponding length of term for this city council seat will be less than one year. A legislative amendment during the 2000 legislative session provided that the maximum contribution limits by persons to candidates correspond to a length of term of office identified as the "usual length of term of the office" rather than a shortened term created by reapportionment or a 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 or a special election, candidates seeking non-statewide office who were running for a shortened term would be subject to the four-year office contribution limit of $4,000 per person instead of a $2,000 contribution limit for a two-year term.
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 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, it is the Commission’s interpretation that the "election period" definition is not affected by the statutory amendment enacted in 2000. Therefore, section 2-14.1-10, Hawaii Administrative Rules, applies and for purposes of interpreting section 11-191, HRS, the election period for the 2002 City Council special election shall be the period beginning the day after the previous general or special election held for that office until the day of the special election to fill the vacancy.
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, November 21, 2001.
CAMPAIGN SPENDING COMMISSION
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A. Duane Black
Chairperson
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Clifford Muraoka
Commissioner
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Della Au
Commissioner
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Richard Choy
Commissioner
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Mona Chock
Commissioner
