Significant/Recent Court Decisions On Campaign Finance Law

The cases available for viewing are not representative of the entire area of campaign finance, but represent cases of significance to Hawaii.  Moreover, the Commission’s descriptions of the cases are for the convenience of the viewer to the website only and are not to be relied upon or cited as legal precedent.

United States Supreme Court Decisions

2011 - ARIZONA FREE ENTERPRISE CLUB'S FREEDOM CLUB PAC v. BENNETT

Government’s provision of matching funds to publicly funded candidates violates the First Amendment rights of opposing nonparticipating candidates and independent expenditure groups that support the nonparticipating candidates.

2010 - CITIZENS UNITED v. FEDERAL ELECTION COMMISSION

Under the First Amendment, government cannot limit the amount of a corporation’s independent expenditures from its corporate treasury for political expression.

2006 - RANDALL v. SORRELL

Although government has some leeway in crafting contribution limits, if the limits are too low, the contribution limits may violate the First Amendment.

1976 - BUCKLEY v. VALEO

Government may limit contributions to candidates under the First Amendment but not expenditures made by candidates.  The case also discussed independent expenditures and public financing, among other issues.

United States Ninth Circuit Court of Appeals Decision

2011 - THALHEIMER v. CITY OF SAN DIEGO

Government violates the First Amendment if it restricts the fundraising and spending of independent political committees that have no direct relationship with candidates.  The anti-corruption interest of the government is unavailing in such a case because of the more attenuated relationship between the independent committees and candidates.

Hawaii Intermediate Court of Appeals Decision

2009 - TAVARES v. WONG

Corporations can make contributions to candidates directly from their corporate treasuries and the contributions are subject to the limits provided in HRS § 11-357.