CSC Newsletter - July 2007, Vol. 13, No. 2
NEW LEGISLATION
On June 20, 2007, the Governor signed into law House Bill 1130 as Act 200. The main changes are as follows:
(1) All candidates must file their reports electronically on the Candidate Filing System, effective with the report due July 31, 2008. (Any candidates required to file electronically prior to signing of this bill must continue to do so with the report due on July 31, 2007.) There are no exceptions. Please call the Commission for assistance when needed.
(2) All noncandidate committees that are required to register (receive contributions or make expenditures of more than $1,000 in the aggregate, in a two-year election period) must file their reports electronically on the Noncandidate Committee Filing System, beginning with the report due on September 10, 2008, covering the period of January 1 through September 5, 2008.
(3) Within 30 days prior to an election, a noncandidate committee shall file an organizational report within two days of receiving contributions or making expenditures of more than $1,000 in the aggregate in a two-year period.
(4) There is no longer a limit of two fundraisers for Senate, House, Mayor, Prosecuting Attorney, County Council and BOE candidates. However, “Notice of Intent to Hold A Fundraiser” forms must still be filed with the Commission prior to fundraisers.
(5) Unpaid internet activity is generally excluded from the definition of “contribution” and “expenditure”, similar to federal law.
(6) Whenever a reporting deadline falls on a Saturday, Sunday or holiday designated in HRS section 8-1, the reporting deadline will be the next succeeding day that is not a Saturday, Sunday, or holiday.
(7) Some reporting deadlines changed from the 30th day of the month, to the 31st day of the month. See the reporting schedules at www.hawaii.gov/campaign.
REMINDER NOTICE
Please remember that if you do not have the occupation and employer information for contributions of $1,000 or more (for Candidate Committees), and of $100 or more (for Noncandidate Committees), you must return the contributions within 30 days of deposit.
Candidates may not donate to community organizations more than the contribution limits in Hawaii Revised Statutes, section 11-204(a) for their respective offices, in an election period. Also be aware that no community organization donations from campaign funds may be made between filing nomination papers and the general election.
FIVE-YEAR STRATEGIC PLAN
The Commission completed the development of a five- year Strategic Plan. A timeline of action steps was also constructed. We will be mailing out a copy of the plan to you shortly.
NONCANDIDATE COMMITTEE SYSTEM
The web-based Noncandidate Committee Filing System is currently being developed by the Commission in conjunction with the State’s Information and Communications Services Division. We project completion by May, 2008, with training classes to begin in June, 2008. We will provide you with an updated notice on this.
IMPORTANT NOTICES
CSC Meetings
July 11, 2007
August 8, 2007
September 12, 2007
October 10, 2007
November 13, 2007
December 12, 2007
CSC Reports
Next report due for:
Candidates
Supplemental-July 31, 2007
Noncandidate Committee
Supplemental-July 31, 2007
THREE YEAR REVIEW OF DISCLOSURE REPORTS
The Commission completed its review of the 2004-2006 Disclosure Reports in March, 2007. We have a few remaining corrections due to the Commission. Thank you candidates for your cooperation in this matter.
NEW CONCILIATION AGREEMENTS
Ten conciliation agreements have been executed in 2007, with a total of $4,650 in fines, for various administrative violations, including excess contributions, payment for an advertisement for other candidates, failure to deposit contributions, and failure to report expenditures. Notably, since December, 2006, the Commission will now take into consideration whether the Respondent self-reported, which may result in a reduction in fine. Visit www.hawaii.gov/campaign/fines.htm to view the 2005-2007 conciliation agreements.
WEB-STREAMING TRAINING CLASSES
The Commission is currently breaking down the training program into four components: Candidate Orientation 101; Noncandidate Committees; Public Financing; and the Candidate Filing System. As each component is completed in a combination of Powerpoint and video, it will be posted to our website. We will continue to provide live training classes, generally in February and July, 2008. We are considering live classes in November, 2007 for early birds.
HAWAII ADMINISTRATIVE RULES
The 2005 proposed Hawaii Administrative Rules are still pending approval for public hearing.
NEW ADVISORY OPINIONS (“AO”)
A brief summary of one 2006 Advisory Opinion (“AO”), and the 2007 AO’s to date follows:
AO 06-07 - The Commission adopts the FEC’s guidelines for sponsorship of a debate and broadcasting a debate and will apply these guidelines to each factual situation presented to determine whether a nonmonetary (in-kind) contribution is made to the participating candidates.
AO 07-01 - This AO rescinds a series of six past AOs that have addressed the contribution limits and the election periods for special elections, reapportionment, and overlapping election periods. The Commission’s interpretation of contribution limits and election periods for special elections, reapportionment, and overlapping election periods is now found in one place in this new AO.
AO 07-02 - A term-limited elected official and a retiring elected official ask the Commission whether Hawaii Revised Statutes, section 11-214(b) or section 11-214(c)(1) applies to the disposition of their surplus funds.
AO 07-03 - This AO responds to a candidate who asks: (1) whether a candidate may make a donation from personal funds to a non-profit organization between the time the candidate files nomination papers and the general election, and more specifically, (2) whether a candidate may make a donation from personal funds to a non-profit organization, if the purpose of the donation is to influence the candidate’s nomination or election to office. The Commission responds in the affirmative to both questions.
AO 07-04 - A government contractor/candidate may enter into a contract with the State for the rendition of personal services and, between execution and completion of the contract, knowingly solicit any contribution from any person or make contributions, to the government contractor/candidate’s committee.
AO 07-05 - This Advisory Opinion responds to a question regarding an advertisement run by a candidate for the House of Representatives that included other candidates and elected officials. The issue was whether the advertisement was merely an endorsement by the other candidates, and thus, a permissible expenditure by the candidate; or whether it expressly advocated the election or defeat of other candidates and, thus, payment would need to be pro-rated among the House candidate and other candidates.
MODIFIED ADVISORY OPINION
AO 03-01 - 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, 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.
