reglab/housing_qa huggingface dataset:
HI Rev Stat § 11-407 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|11. Elections, Generally|11-407 Contested case hearing.

  §11-407 Contested case hearing. (a) A contested case hearing shall be conducted pursuant to chapter 91 and any rules adopted by the commission, except as provided in this section.  (b) If a hearing is held before the commission, the commission shall not be bound by strict rules of evidence when conducting a hearing to determine whether a violation of this part has occurred, and the degree or quantum of proof required shall be a preponderance of the evidence.  (c) The commission or hearings officer, if there is no dispute as to the facts involved in a particular matter, may permit the parties to proceed by memoranda of law in lieu of a hearing unless the procedure would unduly burden any party or is otherwise not conducive to the ends of justice.  (d) A record shall be made of the proceeding.  (e) All parties shall be afforded full opportunity to present evidence and argument on all issues involved.  (f) Any person who appears before the commission shall have all of the rights, privileges, and responsibilities of a witness appearing before the courts of this State. All witnesses summoned before the commission or hearings officer shall receive reimbursements as paid in like circumstances in the courts of this State. Any person whose name is mentioned during a proceeding before the commission and who may be adversely affected thereby may appear or file a written statement for incorporation into the record of the proceeding.  (g) If a hearing is held before a hearings officer, the hearings officer shall render a recommended decision for the commission's consideration. Any party adversely affected by the decision may file written exceptions with the commission within fifteen days after receipt of a copy of the decision by certified mail.  (h) The commission, as expeditiously as possible after the close of the commission's hearing, shall issue its final determination of violation together with separate findings of fact and conclusions of law regarding whether a violation of this part has been committed. [L 2010, c 211, pt of §2]
HI Rev Stat § 11-408 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|11. Elections, Generally|11-408 Dismissal.

  §11-408 Dismissal. The complaint shall be dismissed if the commission makes a final determination that there is no violation of this part. [L 2010, c 211, pt of §2]
HI Rev Stat § 11-409 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|11. Elections, Generally|11-409 Final determination of violation; order.

  §11-409 Final determination of violation; order. If the commission makes a final determination of a violation of this part, its written decision with findings of fact and conclusions of law may order any of the following:  (1) The return of any contribution;  (2) The reimbursement of any unauthorized expenditure;  (3) The payment of any administrative fine to the general fund of the State;  (4) The respondent to cease and desist violations of this part; or  (5) Any report, statement, or other information to be filed that may be required by this part. [L 2010, c 211, pt of §2]
HI Rev Stat § 11-410 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|11. Elections, Generally|11-410 Administrative fines; relief.

  §11-410 Administrative fines; relief. (a) The commission may make a decision or issue an order affecting any person violating any provision of this part or section 281-22 that may provide for the assessment of an administrative fine as follows:  (1) If an individual, an amount not to exceed $1,000 for each occurrence or an amount equivalent to three times the amount of an unlawful contribution or expenditure; or  (2) If a corporation, organization, association, or labor union, an amount not to exceed $1,000 for each occurrence; provided that whenever a corporation, organization, association, or labor union violates this part, the violation may be deemed to be also that of the individual directors, officers, or agents of the corporation, organization, association, or labor union, who have knowingly authorized, ordered, or done any of the acts constituting the violation.  (b) Any order for the assessment of an administrative fine shall not be issued against a person without providing the person written notice and an opportunity to be heard at a hearing conducted under chapter 91. A person may waive these rights by written stipulation or consent.  (c) If an administrative fine is imposed upon a candidate, the commission may order that the fine, or any portion, be paid from the candidate's personal funds.  (d) If the person to whom the commission's order is directed does not comply with the order, the first circuit court, upon application of the commission, shall issue an order requiring the person to comply with the commission's order. Failure to obey such a court order shall be punished as contempt.  (e) Any administrative fine collected by the commission shall be deposited in the general fund of the State.  (f) Any person or the commission may sue for injunctive relief to compel compliance with this part.  (g) The provisions of this section shall not prohibit prosecution under any appropriate provision of the Hawaii Penal Code or section 11-412.  (h) This section shall not apply to any person who, prior to the commencement of proceedings under this section, has paid or agreed to pay the fines prescribed by sections 11-340 and 11-391(b). [L 2010, c 211, pt of §2]
HI Rev Stat § 11-411 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|11. Elections, Generally|11-411 Criminal referral.

  §11-411 Criminal referral. In lieu of an administrative determination that a violation of this part has been committed, the commission may refer the complaint to the attorney general or county prosecutor at any time it believes the respondent may have recklessly, knowingly, or intentionally committed a violation. [L 2010, c 211, pt of §2]
HI Rev Stat § 11-412 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|11. Elections, Generally|11-412 Criminal prosecution.

  §11-412 Criminal prosecution. (a) Any person who recklessly, knowingly, or intentionally violates any provision of this part shall be guilty of a misdemeanor.  (b) Any person who knowingly or intentionally falsifies any report required by this part with the intent to circumvent the law or deceive the commission or who violates section 11-352 or 11-353 shall be guilty of a class C felony. A person charged with a class C felony shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853.  (c) A person who is convicted under this section shall be disqualified from holding elective public office for a period of four years from the date of conviction.  (d) For purposes of prosecution for violation of this part, the offices of the attorney general and the prosecuting attorney of the respective counties shall be deemed to have concurrent jurisdiction to be exercised as follows:  (1) Prosecution shall commence with a written request from the commission or upon the issuance of an order of the court; provided that prosecution may commence prior to any proceeding initiated by the commission or final determination;  (2) In the case of statewide offices, parties, or issues, the attorney general or the prosecuting attorney for the city and county of Honolulu shall prosecute any violation; and  (3) In the case of all other offices, parties, or issues, the attorney general or the prosecuting attorney for the respective county shall prosecute any violation.  In the commission's choice of prosecuting agency, it shall be guided by whether any conflicting interest exists between the agency and its appointive authority.  (e) The court shall give priority to the expeditious processing of prosecutions under this section.  (f) Prosecution for violations of this part shall not commence after five years have elapsed from the date of the violation or date of filing of the report covering the period in which the violation occurred, whichever is later.  (g) This section shall not apply to any person who, prior to the commencement of proceedings under this section, has paid or agreed to pay the fines prescribed by sections 11-340 and 11-391(b). [L 2010, c 211, pt of §2] Case Notes  Cited: 744 F. Supp. 2d 1075 (2010).
HI Rev Stat § 11-421 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|11. Elections, Generally|11-421 Hawaii election campaign fund; creation.

 §11-421 Hawaii election campaign fund; creation. (a) The Hawaii election campaign fund is created as a trust fund within the state treasury.  (b) The fund shall consist of:  (1) All moneys collected from persons who have designated a portion of their income tax liability to the fund as provided in section 235-102.5(a);  (2) Any general fund appropriations; and  (3) Other moneys collected pursuant to this part.  (c) Moneys in the fund shall be paid to candidates by the comptroller as prescribed in section 11-431 and may be used for the commission's operating expenses, including staff salaries and fringe benefits. [L 2010, c 211, pt of §2]
HI Rev Stat § 11-422 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|11. Elections, Generally|11-422 Depletion of fund.

  §11-422 Depletion of fund.  (a) The commission shall be under no obligation to provide moneys to candidates if, in the partial public funding program or comprehensive public funding for elections to the county of Hawaii council, moneys in the Hawaii election campaign fund are near depletion.  (b) For the purpose of the partial funding program, if the Hawaii election campaign fund is close to depletion as determined by the commission, the commission shall determine the amounts available to eligible candidates based on their order of eligibility in qualifying for partial public funds, as determined by the date of filing of an application for public funds with the commission pursuant to section 11-428; provided that the application has been accepted by the commission.  (c) For the purpose of the comprehensive public funding for elections to the county councils, if the Hawaii [election] campaign fund is close to depletion, the commission shall determine whether the program shall be operative in accordance with this part. [L 2010, c 211, pt of §2]
HI Rev Stat § 11-423 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|11. Elections, Generally|11-423 Voluntary expenditure limits; filing affidavit.

  §11-423 Voluntary expenditure limits; filing affidavit. (a) Any candidate may voluntarily agree to limit the candidate's expenditures and those of the candidate's candidate committee or committees and the candidate's party on the candidate's behalf by filing an affidavit with the campaign spending commission.  (b) The affidavit shall state that the candidate knows the voluntary campaign expenditure limitations as set out in this part and that the candidate is voluntarily agreeing to limit the candidate's expenditures and those made on the candidate's behalf by the amount set by law. The affidavit shall be subscribed to by the candidate and notarized and filed no later than the time of filing nomination papers with the chief election officer or county clerk.  (c) The affidavit shall remain effective until the termination of the candidate committee or the opening of filing of nomination papers for the next succeeding election, whichever occurs first. An affidavit filed under this section may not be rescinded.  (d) From January 1 of the year of any primary, special, or general election, the aggregate expenditures for each election by a candidate who voluntarily agrees to limit campaign expenditures, inclusive of all expenditures made or authorized by the candidate alone, all treasurers, the candidate committee, and noncandidate committees on the candidate's behalf, shall not exceed the following amounts expressed, respectively multiplied by the number of voters in the last preceding general election registered to vote in each respective voting district:  (1) For the office of governor--$2.50;  (2) For the office of lieutenant governor--$1.40;  (3) For the office of mayor--$2.00;  (4) For the offices of state senator, state representative, county council member, and prosecuting attorney--$1.40; and  (5) For all other offices--20 cents. [L 2010, c 211, pt of §2; am L 2011, c 5, §5; am L 2013, c 63, §1]
HI Rev Stat § 11-424 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|11. Elections, Generally|11-424 REPEALED.

  §11-424 REPEALED.  L 2014, c 140, §2.
HI Rev Stat § 11-425 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|11. Elections, Generally|11-425 Maximum amount of public funds available to candidate.

  §11-425 Maximum amount of public funds available to candidate. (a) The maximum amount of public funds available in each election to a candidate for the office of governor, lieutenant governor, or mayor shall not exceed ten per cent of the expenditure limit established in section 11-423(d) for each election.  (b) The maximum amount of public funds available in each election to a candidate for the office of state senator, state representative, county council member, and prosecuting attorney shall not exceed fifteen per cent of the expenditure limit established in section 11-423(d) for each election.  (c) For the office of Hawaiian affairs, the maximum amount of public funds available to a candidate shall not exceed $1,500 in any election year.  (d) For all other offices, the maximum amount of public funds available to a candidate shall not exceed $100 in any election year.  (e) Each candidate who qualified for the maximum amount of public funding in any primary election and who is a candidate for a subsequent general election shall apply with the commission to be qualified to receive the maximum amount of public funds as provided in this section for the respective general election. For purposes of this section, "qualified" means meeting the qualifying campaign contribution requirements of section 11-429. [L 2010, c 211, pt of §2; am L 2011, c 5, §6]
HI Rev Stat § 11-426 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|11. Elections, Generally|11-426 Candidate exceeds voluntary expenditure limit.

  §11-426 Candidate exceeds voluntary expenditure limit. A candidate who files the affidavit agreeing to limit expenditures and who exceeds the expenditure limit for that election shall:  (1) Notify all opponents, the office of elections, and the commission by telephone and writing on the day the expenditure limit is exceeded;  (2) Pay the balance of the full filing fee; and  (3) Provide reasonable notice to all contributors within thirty days of exceeding the limit that the expenditure limit was exceeded. [L 2010, c 211, pt of §2; am L 2014, c 140, §1]
HI Rev Stat § 11-427 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|11. Elections, Generally|11-427 Reserving use of contributions.

  §11-427 Reserving use of contributions. A candidate who files the affidavit voluntarily agreeing to limit expenditures and who receives contributions that in aggregate exceed the expenditure limit for an election shall reserve use of any contributions that exceed the limit until after the applicable election. [L 2010, c 211, pt of §2]
HI Rev Stat § 11-428 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|11. Elections, Generally|11-428 Eligibility requirements for public funds.

  §11-428 Eligibility requirements for public funds. In order to be eligible to receive public funds for an election, a candidate shall certify that the candidate will meet all the following requirements:  (1) The candidate and any candidate committee authorized by the candidate shall not incur campaign expenses in excess of the expenditure limitations imposed by section 11-423;  (2) The candidate has qualified to be on the election ballot in a primary or general election;  (3) The candidate has filed a statement of intent to seek qualifying contributions. A contribution received before the filing of a statement of intent to seek public funds shall not be considered a qualifying contribution;  (4) The candidate or candidate committee authorized by the candidate has received the minimum qualifying contribution amounts for the office sought by the candidate as set forth in section 11-429;  (5) The aggregate of contributions certified with respect to any person under paragraph (4) does not exceed $100;  (6) The candidate agrees to obtain and furnish any evidence relating to expenditures that the commission may request;  (7) The candidate agrees to keep and furnish records, books, and other information that the commission may request;  (8) The candidate agrees to an audit and examination by the commission pursuant to section 11-434 and to pay any amounts required to be paid pursuant to that section; and  (9) Each candidate and candidate committee in receipt of qualifying contributions that may be taken into account for purposes of public funding shall maintain, on a form prescribed by the commission, records that show the date and amount of each qualifying contribution and the full name and mailing address of the person making the contribution. The candidate and the candidate committee authorized by the candidate shall transmit to the commission all reports with respect to these contributions that the commission may require. [L 2010, c 211, pt of §2]
HI Rev Stat § 11-430 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|11. Elections, Generally|11-430 Application for public funds.

  §11-430 Application for public funds. (a) Each application for public funds shall be signed by the candidate and notarized, and accompanied by the qualifying campaign contribution statement or statements.  (b) The application shall be mailed or delivered to the commission and shall not be valid unless received by the commission no later than thirty days after the general election.  (c) Each candidate in receipt of the minimum qualifying contribution amount established for the office that the candidate seeks may apply to the commission for public funding after the candidate has become a candidate in a primary or general election. [L 2010, c 211, pt of §2]
HI Rev Stat § 11-431 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|11. Elections, Generally|11-431 Payment to candidate.

  §11-431 Payment to candidate. (a) Upon the commission's approval of the application and statement of qualifying contributions, the commission shall direct the comptroller to distribute matching public funds up to the maximum amount of public funds allowed by section 11-425. Public funds shall be distributed to the candidate within twenty days from the date that the candidate's initial application and qualifying contribution statement is approved by the commission.  (b) The commission shall make additional determinations within fourteen days after receiving a complete application and supplemental statement of qualifying contributions from a candidate.  (c) All determinations made by the commission under this section are final and conclusive, except to the extent they are subject to examination and audit by the commission under section 11-434. [L 2010, c 211, pt of §2]
HI Rev Stat § 11-432 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|11. Elections, Generally|11-432 Use of public funds.

  §11-432 Use of public funds. (a) Public funds shall be deposited in a depository institution, as defined in section 412:1-109, duly authorized to do business in the State, such as a bank, savings bank, savings and loan association, depository financial services loan company, credit union, intra-Pacific bank, or similar financial institution, the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.  (b) No expenditures of any public funds shall be made except by checks drawn on such checking account.  (c) Public funds shall be only used to:  (1) Defray expenditures of the candidate or the candidate committee authorized by the candidate; and  (2) Repay loans, the proceeds of which were used to defray expenditures.  (d) Public funds shall not be transferred to another candidate for any election.  (e) Unexpended public funds shall be returned to the commission by the deadline for filing the final report for the election for which the funds were received. [L 2010, c 211, pt of §2]
HI Rev Stat § 11-433 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|11. Elections, Generally|11-433 Post-election report required.

  §11-433 Post-election report required. The treasurer shall electronically submit an expenditure of public funds report to the commission no later than twenty days after a primary election and no later than thirty days after a general election certifying that all public funds paid to the candidate have been used as required by this part.  Should the commission determine that any portion of the public funds have been used for noncampaign or other improper expenses, it shall report such finding to the attorney general and shall order the candidate to return all or part of the funds paid to that candidate for a primary or general election. When public funds are returned, the funds shall be deposited into the Hawaii election campaign fund. [L 2010, c 211, pt of §2]
HI Rev Stat § 11-434 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|11. Elections, Generally|11-434 Post-election examination and audit; return of funds.

  §11-434 Post-election examination and audit; return of funds. (a) The commission shall examine and audit the public funds received by all candidates, qualifying contributions, and the expenditures made by all candidates within sixty days after each general election.  (b) The commission shall adopt rules, pursuant to chapter 91, prior to the payment of public money, regarding expenditures which qualify under section 11-432.  (c) If the commission determines that any payment of public funds to a candidate exceeded the aggregate amount to which the candidate was entitled, the commission shall notify the candidate within two years of the payment of the public funds and the candidate shall repay the excess amount to the Hawaii election campaign fund.  (d) If the commission determines that any public funds were used for any improper purpose, the commission shall notify the candidate, and the candidate shall pay to the Hawaii election campaign fund an amount equal to three hundred per cent of such amount in addition to any fines under section 11-410 and section 11-412. [L 2010, c 211, pt of §2]
HI Rev Stat § 11-435 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|11. Elections, Generally|11-435 Report and recommendation.

  §11-435 Report and recommendation. In January of each year, the commission shall submit to the legislature:  (1) A study and recommendations of reasonable campaign expenditure and contribution limits and the factors which may be relevant in their establishment; and  (2) A report concerning the status of the Hawaii election [campaign] fund. [L 2010, c 211, pt of §2]
HI Rev Stat § 12-1 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|12. Primary Elections|12-1 Application of chapter.

  §12-1 Application of chapter. All candidates for elective office, except as provided in section 14-21, shall be nominated in accordance with this chapter and not otherwise. [L 1970, c 26, pt of §2] Law Journals and Reviews  The Protection of Individual Rights Under Hawai €˜i's Constitution. 14 UH L. Rev. 311.
HI Rev Stat § 12-1.5 (2021)
2021 Hawaii Revised Statutes|Title 2. Elections|12. Primary Elections|12-1.5 REPEALED.

 §12-1.5 REPEALED. L 1980, c 139, §1.