Advisory Opinion 03-01, Amendment I
This advisory opinion clarifies the parameters of candidate contributions to political parties. In brief, a candidate may raise and use campaign funds, only between the time the candidate affirmatively files a new Organizational Report and the applicable Primary election or General election,1 to make contributions of no more than an aggregate of $25,000 to a political party within a two-year election period if contributions are not 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.
HRS section 11-200 authorizes, among other things, purchase of no more than two fundraising tickets and non-earmarked contributions to the candidate’s party. HRS section 11-200 specifies how a candidate may raise and use campaign funds between the time of filing an Organizational report and the applicable election for office. This is in contrast to HRS sections 11-214 and 11-206 which specify the use of campaign funds after an election, and prohibit contributions to a political party.
HRS, 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.
Further, HRS section 11-204 (j) limits the total contributions by a candidate to a political party as follows:
(j) 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, a candidate may raise and use campaign funds only between the time the candidate affirmatively files a new Organizational Report and the applicable Primary election or General election, to make contributions to a state political party as defined by statute, not exceeding an aggregate of $25,000 in a two-year election period, if contributions are not earmarked for another candidate.
However, after an election, if the candidate affirmatively files a new Organizational Report to run for office, the candidate may contribute campaign funds to a political party. Even though HRS section 11-194 (d) generally does not require an elected official who is seeking re-election to the same office in successive elections to file an organizational report, HRS section 11-214 (d)’s authorization to use surplus funds is triggered “upon registration.” Thus, to determine the date that a candidate’s surplus funds may be contributed to a political party after an election, an Organizational Report must be affirmatively filed with the Commission.
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, June 13, 2007.
CAMPAIGN SPENDING COMMISSION
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Paul Kuramoto
Chairperson
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Steven E. Olbrich
Vice Chairperson
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Gino Gabrio
Commissioner
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Dean Robb
Commissioner
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Michael E. Weaver
Commissioner
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1 If the candidate wins outright or loses the Primary election, the candidate may raise campaign funds and make a donation to a political party in the period between filing of a new Organizational Report and the Primary election. If the candidate does not have to run in the Primary or wins the Primary, the candidate may raise campaign funds and make a donation to a political party in the priod between filing of a new Organizational Report and the General election.
