Advisory Opinion 02-01
The purpose of this advisory opinion is to provide clarification of section 11-204, Hawaii Revised Statutes ("HRS") and the Commission’s interpretation of the applicable election period for contribution limits for terms of office affected by reapportionment, special election to fill a vacancy, or other factors causing the term of office to be less than the usual length of term for that office.
During the 2000 Session, the legislature amended section 11-204(a), HRS to read 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 specific intent to allow those candidates who were affected by reapportionment, special election to fill a vacancy, or any other factor to receive up to the contribution limit of $4,000 per person for any four-year office regardless of the actual or shorter term of office.
The issue at hand is the determination of 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 it’s Advisory Opinion No. 01-05 (Amended), the Commission determined that the "election period" definition was not affected by the 2000 statutory amendment. However, the Commission also understands the legislature’s interest to carve out a statutory exception to the "contribution limit" for candidates affected by abbreviated election periods and office terms. In 2002, all offices for State Senate and Honolulu City Council will be affected by election processes to create staggered terms. This will cause some incumbents to have abbreviated terms and other candidates to campaign for shorter than usual terms.
Therefore, pursuant to section 11-204(a)(2), HRS, those challengers and incumbent candidates for four-year offices that have been prematurely terminated after two years, are authorized to collect no more than $4,000 from any person within the period beginning the day after the last general election for that office until November 5, 2002. Similarly, challengers and incumbents for four-year offices, who will be campaigning for a two-year term because of reapportionment, special election to fill a vacancy, or shortened terms such as the Honolulu City Council offices, will be also be authorized to solicit contributions of no more than $4,000 from any person within the same period pursuant to the definition of "election period" provided in section 11-191, HRS. In brief, section 11-191, HRS, provides for a two-year election period for a two-year office.
By this interpretation, all candidates for the offices of State Senate, Honolulu City Council, and the office of Honolulu Mayor - if a 2002 special election is conducted, are authorized to receive contributions not to exceed $4,000 for the two-year election period of November 8, 2000, through November 5, 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, April 17, 2002.
CAMPAIGN SPENDING COMMISSION
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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
