SANDLER REIFF """ TM — Washington, DC 20005 

SANDLER REIFF LAMB sandlerteiff com ROSENSTEIN & BIRKENSTOCK, P.C. 

F: 202-479-1115 

September 29,2017 

Mr. DougKodish 

Audit Division 

Federal Election Commission 

999 E Street, N.W. 

Washington, D.C. 20463 

Dear Mr. Kodish: 

We are in receipt of the Draft Final Audit Report ("DFAR") regarding the Hawaii 

Democratic Party C'HDP") for the 2011-2012 election cycle. Although we are not requesting an 

oral hearing in connection with the DFAR, we provide the following comments in connection with 

proposed Finding 6. 

The DFAR concludes, and the HDP does not dispute, that, due to an administrative 

oversight, the HDP did have sufficient written authority provided to it by the Democratic Senatorial 

Campaign Committee ("DSCC") to engage in coordinated expenditures under 52 U.S.C. § 

30116(d). The DSCC subsequently acknowledged, in writing, that it did not use a significant 

portion of the authority that it had itself received from the Democratic National Committee in 

connection with the Hawaii Senate election in 2012. A copy of this written correspondence had 

been previously provided to the Audit Division. 

It should be noted that the HDP is not requesting that the Commission or the Audit 

Division determine that the HDP made coordinated expenditures in fiill compliance. Rather, the 

HDP objects to the Audit Division's recommendation that the HDP seek a reimbur^ment fi:om 

"Hirono for Congress" [it appears that the DFAR erroneously identifies the beneficiary of the 

expenditures as "Hirono'for Congress" and not "Friends of Mazie Hirono" the Democratic nominee 

for U.S. Senate in 2012] for $27,125 since the combined spending by the HDP and DSCC did not 

exceed the combined coordinated expenditure authority for the 2012 general election. 

Specifically, the HDP objects to the Commission's inconsistent treatment of the HDP and 

similarly situated state party committees in prior audits. In 2012, the Commission was presented 

with an almost identical scenario in connection with the 2008 Election Cycle Audit of the 

Democratic Executive Committee of Florida ("DECF") (A copy of the Commission's discussion of 

this matter is attached to this response). Although the Commission approved the Audit Staffs 

recommendation that the DECF had exceeded the coordinated expenditure, it acknowledged tha^-: 
the combined spending limit was not exceeded. In addition, there is no discussion or requirement 

in the Final Audit Report regarding any required repayment by the federal cwdidate that benefited 

fix)m the coordinated spending to the DECF. 

The HDP believes that the Commission must treat these two matters in a consistent manner 

or provide an explanation as to why it is departing fix)m past precedent by requiring a refimd when 

there was no substantive benefit provided to the Hirono campaign due to the fact that the combined 

coordinated expenditure limit was not exceeded. 

Although we have no objections or additional coimnents to the remaining conclusions of the 

DFAR, the HDP urges the Commission amend the Final Report per our discussion above to treat 

the HDP consistently with the Commission's prior approach to the issues presented in proposed 

Finding 6. 

If you require any further information, or have any other questions, please call me at (202) 

479-1111. 

Sincerely, 

NeilReiff 

Counsel to the Hawaii Democratic Party