Advisory Opinion 03-05

     A candidate requests whether campaign contributions can be used for "organizing and hosting community meetings to gather public comment about various topics" under the ordinary and necessary provision of section 11-200(b)(2), Hawaii Revised Statutes ("HRS"). The Commission's interpretation of this subsection is that there must be a direct connection to the needs of the office and the office is in need of this expenditure to function.

     Section 11-200 (b)(2) HRS reads as follows:

(b) Any provision of law to the contrary notwithstanding, a candidate, campaign treasurer, or candidate's committee, as a contribution:…(2) May use campaign funds for any ordinary and necessary expenses incurred in connection with the candidate's duties as a holder of an elected state or county office, as the term is used in section 11-206(c), Hawaii Revised Statutes;

     Section 2-14.1-16 (f) Hawaii Administrative Rules reads as follows:

Ordinary and necessary expenses incurred in connection with the candidate's duties as a holder of an elected state or county office shall include usual and reasonable expenses, and bear a direct relation to the office; and such expenses shall be absolutely necessary for carrying out the duties of the office. Such expenses may include office equipment or supplies, but not travel or related expenses, food or other professional or personal services.

     The statute requires that the expenditure have a direct connection to the needs of an office, and such needs be for usual expenses. For example, a legislator is in need of furniture such as a chair for the legislator's office, where the furniture is not provided by the state. It is usual and necessary that visitors to the office have a place to sit while awaiting to talk to the legislator. Or, a legislative hearing is being held in a location other than the capitol and paid staff time is usual and necessary for legislative hearings. The reasonable staff time and expenses would meet the test of ordinary and necessary.

     Partisan activities and other activities supported by and on behalf of an elected official would not be seen as meeting the test of ordinary and necessary expenses. Such expenses include travel and lodging to a conference, beverage or other food for a legislators office or related functions. Such expenses are generally not seen to be directly connected to an elected officials office and are not usual nor necessary.

     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, November 10, 2003.

CAMPAIGN SPENDING COMMISSION

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A. Duane Black
Chairperson

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Mona Chock
Commissioner