Advisory Opinion 03-03
This Advisory Opinion ("Opinion") responds to a question from a candidate related to food contributions to a State coordinated community event identified as Talk Story.
The Campaign Spending Commission ("Commission") interprets sections 11-191 and 11-200, Hawaii Revised Statutes ("HRS") broadly. The definition for "Contributions" includes any deposit of money or anything of value intended to influence the nomination or election of any person to office. In brief, if no campaign funds are expended and no activities influencing the nomination or election of any person to office are conducted at the event, any candidate, persons or entities sponsoring or participating with the event shall not be required to disclose applicable expenditures and donations as contributions.
The facts in this inquiry specify donations of food for a State coordinated community event. There is no representation that a particular candidate will be using campaign funds or that donations were earmarked for a candidate's campaign effort.
Contributions to any event involving a candidate or any person, committee or party may be excluded from the definition of contribution as provided in sections 11-191 and 11-200, HRS, if the expenditures or contributions for the event are not directly linked to the candidate's election bid or the donations cannot be reasonably perceived to benefit the campaign of any particular candidate. If the event is expressly intended to influence the outcome of any nomination or election then all expenditures and donations shall be reported as required by law.
The Commission shall determine, on a case-by-case basis, whether any donations or expenditures should be deemed a contribution or non-monetary in-kind contribution that shall be reported accordingly.
This is provided by the Commission as a means of stating its current interpretation of the Hawaii Election Campaign Contributions and Expenditures law 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 9, 2003.
CAMPAIGN SPENDING COMMISSION
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A. Duane Black
Chairperson
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Mona Chock
Commissioner
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Richard Choy
Commissioner
