Advisory Opinion 02-07
The purpose of this advisory opinion is to provide clarification of section 11-204(a), Hawaii Revised Statutes ("HRS") and the Commission’s interpretation of the applicable contribution limits for terms of office affected by overlapping election periods. Pursuant to a decision issued by the United States District Court for the District of Hawaii on June 6, 2002, contributions given to a candidate who campaigns for and appears on the ballot for different elected offices with overlapping election periods will not be aggregated together for contribution limit purposes.
Previously, the Commission’s interpretation, as provided in Advisory Opinions Nos. 97-04 and 00-05, stated that contributions to a single candidate from the same contributor during one or more election periods were to be aggregated if made within the same contribution period or during overlapping contribution periods for different elected offices.
However, an injunction order from the Federal District Court for the District of Hawaii, prohibits the Commission from enforcing its previous application of the law. Therefore, where the election periods for two different offices overlap, separate contributions for each office received from a single contributor shall be attributed to the applicable contribution limit for each office. This interpretation serves to preserve the contribution limits for candidates and committees and remove any disparate or discriminatory application of section 11-204(a), HRS.
This interpretation shall not apply to any candidate who fails to appear on a ballot and any candidate who switches campaigns during an election period after receiving contributions for a different office.
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, October 7, 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
