Advisory Opinion 03-01
This advisory opinion clarifies the parameters of candidate contributions to political parties. In brief, the campaign finance law provides that a candidate may contribute no more than an aggregate of $25,000 to a political party within a two-year election period on the condition that no contribution shall be earmarked for another candidate.
The term "party", as defined in section 11-191, Hawaii Revised Statutes ("HRS"), refers to local partisan parties and excludes national political parties as provided by HRS sections 11-1 and 11-61.
Section 11-200, HRS, authorizes the use of campaign funds for the purpose of purchasing no more than 2 fundraising tickets and making non-earmarked contributions to the candidate’s party. Hawaii Revised Statutes, sections 11-200(b)(1) and 11-200(e) provide as follows:
(b) Any provision of law to the contrary notwithstanding, a candidate, campaign treasurer, or candidate's committee as a contribution:
(1) May purchase from its campaign fund not more than two tickets for each event held by another candidate, committee, or party whether or not the event constitutes a fundraiser as defined in section 11-203; (emphasis added).
(e) This section shall not be construed to prohibit a candidate from making contributions to the candidate's party so long as that contribution is not earmarked for another candidate.
The law limits the total contributions that can be given to a political party by a candidate to $25,000. This limit, pursuant to section 11-204(k), Hawaii Revised Statutes, provides in pertinent part as follows:
(k) No person or any other entity other than political committees established and maintained by a national political party shall make contributions to a political party in an aggregate amount greater than $25,000.00 in any two-year election period.
Thus campaign spending law authorizes a candidate to contribute campaign funds, not exceeding an aggregate of $25,000 in a two-year period, to a state political party as defined under the statute.
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 § 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 amendments to the administrative rules by the Commission.
Dated: Honolulu, Hawaii, April 17, 2003.
CAMPAIGN SPENDING COMMISSION
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A. Duane Black
Chairperson
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Della Au Belatti
Commissioner
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Richard Choy
Commissioner
