Advisory Opinion 02-06
This advisory opinion clarifies the Campaign Spending Commission’s ("Commission") interpretation of sections 11-191, 11-219, 11-220 and 11-221, Hawaii Revised Statutes ("HRS") regarding the receipt of qualifying campaign contributions to seek public funds.
Receipt of qualifying campaign contributions in the amount provided in section 11-219, HRS, is one of the conditions for receiving public funds for a primary election and general election. Section 11-220(b)(5), HRS, provides that certified matching fund contributions by any person cannot aggregate over $100 for each election. Section 11-221, HRS, provides that qualifying contributions must be received within the applicable "matching payment period."
The "matching payment period" is defined by section 11-191, HRS. The primary election matching payment period begins on January 1st of the year of the general election and ends on the day of the primary election. The general election matching payment period also begins on January 1st of the year of the general election and ends on the day of the general election. Therefore, the general election matching payment period and the primary election matching payment period include an overlapping period beginning on January 1st until the day of the primary election.
There is an issue to address regarding how a qualifying campaign contribution may be attributed to the primary election matching payment period and the general election matching payment periods. The issue is whether a contribution by a person of $200 or less may be divided between or attributed in parts to both the primary election and the general election matching payment periods. We answer in the positive with the condition that no contribution, attributed to a single person for the purpose of seeking public funds, may exceed $100 for either the primary or general matching payment periods.
The Commission’s interpretation will allow a contributor the option of providing qualifying contributions of no more than $200 during the matching payment period covering January 1 of the year of the general election through the primary election. This is possible only if the candidate clearly records that the $200 contribution (or less) will be divided between the primary and general elections. If the contributor contributes an aggregate of $100 or more after the close of the primary election matching payment period or in excess of $200 during any part of the matching payment period, the entire contribution shall not be considered as a qualifying campaign contribution for public fund purposes. A candidate may unilaterally determine that a contribution is to be divided between the primary election and general election for qualifying campaign contribution purposes, unless otherwise advised by the contributor.
In summary, for purposes of a single qualifying contribution, a candidate may receive a contribution of $200 or less during the primary election matching payment period and divide the contribution between the primary election and general election matching payment periods.
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, September 4, 2002.
CAMPAIGN SPENDING COMMISSION
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A. Duane Black
Chairperson
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Clifford Muraoka
Commissioner
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Mona Chock
Commissioner
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Richard Choy
Commissioner
