Advisory Opinion 02-04
At issue is whether unlimited expenditures by either the Governor’s or Lieutenant Governor’s campaign committee in a coordinated campaign effort would negatively impact the voluntary expenditure limit and the application for public funds of the other co-candidate. The Commission answers in the negative.
Section 11-207, HRS, was amended in 1998 to provide the following: "This subsection shall not apply to candidates for governor or lieutenant governor supporting a co-candidate in the general election." The original intent of section 11-207, HRS, was to identify those coordinated expenditures as in-kind contributions to and expenditures by a candidate who benefits from the expenditures made by any person including another candidate. The testimony and standing committee reports for H.B. 2441 provides clear legislative intent to allow the Governor and Lt. Governor candidates the opportunity to run coordinated campaigns without the burden of aggregating contributions and expenditures.
Applicable Statutes
1. Section 11-207(a), HRS, provides in pertinent part as follows:
(a) Expenditures, or disbursements for electioneering communications as defined in section 11-207.6, made by any person or political party for the benefit of a candidate in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a candidate’s political committee, or their agents, shall be considered to be a contribution to such candidate and expenditure by such candidate.
The financing by any person or political party of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written or other campaign materials prepared by the candidate, the candidate’s political committee or committees, or agents shall be considered to be a contribution to such candidate.
This subsection shall not apply to candidates for governor or lieutenant governor supporting a co-candidate in the general election.
(Emphasis added)
2. Section 11-208, HRS, provides as follows:
(a) Any candidate may voluntarily agree to limit the candidate’s campaign expenditures and those of the candidate’s committee or committees and the candidate’s party in the candidate’s behalf by filing an affidavit with the campaign spending commission.
(b) The affidavit shall state that the candidate knows the voluntary campaign expenditure limitations as set out in section 11-209 and that the candidate is voluntarily agreeing to limit the candidate’s expenditures and those made on the candidate’s behalf by the amount set by law. The affidavit shall be subscribed to by the candidate and notarized.
(c) Affidavits in compliance with this section shall be filed by the time of filing of nomination papers with the chief election officer or county clerk.
Therefore, the Commission opines that the unlimited expenditure by one co-candidate of the coordinated gubernatorial campaign does not negatively impact the campaign of the member who has submitted an affidavit to comply with voluntary expenditure limits pursuant to section 11-209, HRS. This does not imply or conclude that the provisions of section 11-209, HRS, does not apply to the candidate who has voluntarily agreed to the expenditure limits. That candidate must still abide by the expenditure limits.
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 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, August 14, 2002.
CAMPAIGN SPENDING COMMISSION
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A. Duane Black
Chairperson
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Della Au Belatti
Commissioner
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Mona Chock
Commissioner
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Richard Choy
Commissioner
