reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-315 Advisory opinions.

§11-315 Advisory opinions.
The commission may render written advisory opinions upon the request of any candidate, candidate committee, noncandidate committee, or other person or entity subject to this part, as to whether the facts and circumstances of a particular case constitute or will constitute a violation under this part. If no advisory opinion is rendered within ninety days after all information necessary to issue an opinion has been obtained, it shall be deemed that an advisory opinion was rendered and that the facts and circumstances of that particular case do not constitute a violation under this part. The opinion rendered or deemed rendered, until amended or revoked, shall be binding on the commission in any subsequent charges concerning the candidate, any candidate committee or noncandidate committee, or other person or entity subject to this part, who sought the opinion and acted in reliance on it in good faith, unless material facts were omitted or misstated by the requester in the request for an advisory opinion. Nothing in this section shall be construed to allow the commission to issue rules through an advisory opinion. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-316 Political activities prohibited.

§11-316 Political activities prohibited.
(a) No commissioner or employee of the commission shall participate in any political campaign, including making a contribution to a candidate, candidate committee, or noncandidate committee, during the commissioner's term of office or employee's term of employment.
(b) Each commissioner and employee of the commission shall retain the right to:
(1) Register and vote in any election;
(2) Participate in the nonpolitical activities of a civic, community, social, labor, or professional organization, or of a similar organization;
(3) Be a member of a political party or other noncandidate political organization and participate in its activities to the extent consistent with law; and
(4) Otherwise participate fully in public affairs, except as prohibited by law, in a manner that does not materially compromise the commissioner's or the employee's efficiency or integrity as a commissioner or employee or the neutrality, efficiency, or integrity of the commission.
(c) Any commissioner or employee of the commission may request an advisory opinion from the state ethics commission to determine whether a particular activity constitutes or would constitute a violation of the code of ethics under part II of chapter 84 or this section. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-317 Exemptions.

§11-317 Exemptions.
(a) The commission shall be exempt from section 26-35(a)(1), (4), and (5) and shall:
(1) Make direct communications with the governor and legislature;
(2) Make all decisions regarding employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the commission without the approval of the comptroller; and
(3) Purchase all supplies, equipment, or furniture without the approval of the comptroller.
(b) The commission shall follow and be subject to all applicable personnel laws. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-321 Registration of candidate committee or noncandidate committee.

Case Notes
The "noncandidate committee" definition and accompanying reporting and disclosure requirements were substantially related to Hawaii's important interests in informing the electorate, preventing corruption or its appearance, and avoiding the circumvention of valid campaign finance laws. Because the burden of complying with the disclosure scheme was modest compared to the significance of the interests being served, the court upheld the noncandidate committee reporting and disclosure requirements, as applied to plaintiff, a for-profit corporation. 786 F.3d 1182 (2015).
§11-321 Registration of candidate committee or noncandidate committee.
(a) Each candidate committee or noncandidate committee shall register with the commission by filing an organizational report as set forth in section 11-322 or 11-323, as applicable.
(b) Before filing the organizational report, each candidate committee or noncandidate committee shall mail or deliver an electronic filing form to the commission.
(c) The electronic filing form shall include a written acceptance of appointment and certification of each report, as follows:
(1) A candidate committee shall file a written acceptance of appointment by the chairperson and treasurer and a certification by the candidate and treasurer of each filed report; or
(2) A noncandidate committee shall file a written acceptance of appointment by the chairperson and treasurer and a certification by the chairperson and treasurer of each filed report.
(d) The organizational report for a candidate committee shall be filed within ten days of the earlier of:
(1) The date the candidate files nomination papers for office; or
(2) The date the candidate or candidate committee receives contributions or makes or incurs expenditures of more than $100 in the aggregate during the applicable election period.
(e) An organizational report need not be filed under this section by an elected official who is a candidate for reelection to the same office in successive elections and has not sought election to any other office during the period between elections, unless the candidate is required to report a change in information pursuant to section 11-323.
(f) A candidate shall have only one candidate committee.
(g) The organizational report for a noncandidate committee shall be filed within ten days of receiving contributions or making or incurring expenditures of more than $500, in the aggregate, in a two-year election period; provided that within the thirty-day period before an election, a noncandidate committee shall register by filing an organizational report within two days of receiving contributions or making or incurring expenditures of more than $500, in the aggregate, in a two-year election period. [L 2010, c 211, pt of §2; am L 2023, c 122, §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-322 Organizational report, candidate committee.

§11-322 Organizational report, candidate committee.
(a) The candidate committee organizational report shall include:
(1) The committee's name and address, including web page address, if any;
(2) The candidate's name, address, and telephone number;
(3) The office being sought by the candidate, district, and party affiliation;
(4) The chairperson's name and address and, if appointed, the deputy chairperson's name and address;
(5) The treasurer's name and address and, if appointed, all deputy treasurers' names and addresses;
(6) The name and address of each depository institution in which the committee will maintain any of its accounts and the applicable account number; and
(7) A certification by the candidate and treasurer of the statements in the organizational report.
(b) Any change in information previously reported in the organizational report shall be electronically filed with the commission within ten days of the change being brought to the attention of the committee chairperson or treasurer.
(c) The commission shall publish on its website the names of all candidates who have failed to:
(1) File the organizational report; or
(2) Correct a report within two weeks after the commission provides a notice to correct. [L 2010, c 211, pt of §2; am L 2018, c 80, §1; am L 2022, c 171, §1; am L 2023, c 5, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-323 Organizational report, noncandidate committee.

§11-323 Organizational report, noncandidate committee.
(a) The noncandidate committee organizational report shall include:
(1) The committee's name, which shall incorporate the full name of the sponsoring entity, if any. An acronym or abbreviation may be used in other communications if the acronym or abbreviation is commonly known or clearly recognized by the general public. The committee's name shall not include the name of a candidate;
(2) The committee's address, including web page address, if any;
(3) The area, scope, or jurisdiction of the committee;
(4) The name and address of the committee's sponsoring entity. If the committee does not have a sponsoring entity, the committee shall specify the trade, profession, or primary interest of contributors to the committee;
(5) The name, address, telephone number, occupation, and principal place of business of the chairperson;
(6) The name, address, telephone number, occupation, and principal place of business of the treasurer and any other officers;
(7) An indication as to whether the committee was formed to support or oppose a specific ballot question or candidate and, if so, a brief description of the question or name of the candidate;
(8) An indication as to whether the committee is a political party committee;
(9) The name, address, telephone number, occupation, and principal place of business of the custodian of the books and accounts;
(10) The name and address of the depository institution in which the committee will maintain its campaign account and each applicable account number; and
(11) A certification by the chairperson and treasurer of the statements in the organizational report.
(b) Any change in information previously reported in the organizational report shall be electronically filed with the commission within ten days of the change being brought to the attention of the committee chairperson or treasurer.
(c) The commission shall publish on its website the names of all noncandidate committees who have failed to:
(1) File the organizational report; or
(2) Correct a report within two weeks after the commission provides a notice to correct.
[(d)] Any noncandidate committee that violates all or any part of this section shall be subject to a minimum fine of $1,000 per violation. [L 2010, c 211, pt of §2; am L 2015, c 209, §1; am L 2018, c 81, §1; am L 2022, c 171, §2; am L 2023, c 5, §2 and c 127, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-324 Treasurer.

§11-324 Treasurer.
(a) Every candidate committee or noncandidate committee shall appoint a treasurer on or before the day it files an organizational report. The following shall be permissible:
(1) Up to five deputy treasurers may be appointed;
(2) A candidate may be appointed as the treasurer or deputy treasurer; and
(3) An individual who is not an officer or treasurer may be appointed by the candidate, on a fee or voluntary basis, to specifically prepare and file reports with the commission.
(b) A treasurer may resign or be removed at any time.
(c) In case of death, resignation, or removal of the treasurer, the candidate, candidate committee, or noncandidate committee shall promptly appoint a successor. During the period that the office of treasurer is vacant, the candidate, candidate committee, or chairperson, or party chairperson in the case of a party, whichever is applicable, shall serve as treasurer.
(d) Only the treasurer and deputy treasurers shall be authorized to receive contributions or to make or incur expenditures on behalf of the candidate committee or noncandidate committee.
(e) The treasurer shall establish and maintain itemized records showing:
(1) The amount of each monetary contribution;
(2) The description and value of each nonmonetary contribution; and
(3) The name and address of each contributor making a contribution of more than $25 in value; provided that information regarding the employer and occupation of contributors shall also be collected and maintained for a noncandidate committee.
(f) The treasurer shall maintain detailed accounts, bills, receipts, and other records to establish that reports were properly prepared and filed.
(g) The records shall be retained for at least five years after the report is filed. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-325 When an individual may not serve as a committee officer.

§11-325 When an individual may not serve as a committee officer.
No candidate committee or noncandidate committee that supports or opposes a candidate shall have an officer who serves as an officer on any other candidate committee or noncandidate committee that supports or opposes the same candidate. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-326 Termination of candidate committee's or noncandidate committee's registration.

§11-326 Termination of candidate committee's or noncandidate committee's registration.
A candidate committee or noncandidate committee may terminate its registration if:
(1) The candidate committee or noncandidate committee:
(A) Files a request for registration termination form;
(B) Files a report disclosing contributions and expenditures not previously reported by the committee, and the committee has no surplus or deficit; and
(C) Mails or delivers to the commission a copy of the committee's closing bank statement; and
(2) The request is approved by the commission. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-327 Ballot issue committee; contributions and expenditures.

§11-327 Ballot issue committee; contributions and expenditures.
(a) A ballot issue committee shall receive contributions or make expenditures only for or against any issue appearing on the ballot at the next applicable election.
(b) A ballot issue committee is prohibited from receiving contributions or making expenditures to influence the nomination or election of a candidate to office.
(c) A ballot issue committee shall return all surplus funds to the contributors or donate funds to a community service, educational, youth, recreational, charitable, scientific, or literary organization within ninety days after the election for which the issue appeared on the ballot. Surplus funds that are not returned or donated within ninety days after the election for which the issue appeared on the ballot shall escheat to the Hawaii election campaign fund.
(d) Every ballot issue committee shall terminate its registration with the commission by filing a termination report to be approved as provided in section 11-326. The termination report shall be filed within ninety days after the election for which the issue appeared on the ballot. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-331 Filing of reports, generally.

Case Notes
The "noncandidate committee" definition and accompanying reporting and disclosure requirements were substantially related to Hawaii's important interests in informing the electorate, preventing corruption or its appearance, and avoiding the circumvention of valid campaign finance laws. Because the burden of complying with the disclosure scheme was modest compared to the significance of the interests being served, the court upheld the noncandidate committee reporting and disclosure requirements, as applied to plaintiff, a for-profit corporation. 786 F.3d 1182 (2015).
§11-331 Filing of reports, generally.
(a) Every report required to be filed by a candidate or candidate committee shall be certified as complete and accurate by the candidate and treasurer.
(b) Every report required to be filed by a noncandidate committee shall be certified as complete and accurate by the chairperson and treasurer.
(c) All reports required to be filed under this part shall be filed on the commission's electronic filing system.
(d) For purposes of this part, whenever a report is required to be filed with the commission, "filed" means that a report shall be filed with the commission's electronic filing system by the date and time specified for the filing of the report by:
(1) The candidate or candidate committee of a candidate who is seeking election to the:
(A) Office of governor;
(B) Office of lieutenant governor;
(C) Office of mayor;
(D) Office of prosecuting attorney;
(E) County council;
(F) Senate;
(G) House of representatives; or
(H) Office of Hawaiian affairs; or
(2) A noncandidate committee required to be registered with the commission pursuant to section 11-323.
(e) To be timely filed, a committee's reports shall be filed with the commission's electronic filing system on or before 11:59 p.m. Hawaiian standard time on the filing date specified.
(f) All reports filed under this part are public records and shall be made available for public inspection on the commission's website in a searchable database. [L 2010, c 211, pt of §2; am L 2011, c 5, §4; am L 2013, c 112, §4]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-336 Time for noncandidate committee to file preliminary, final, and supplemental reports.

§11-336 Time for noncandidate committee to file preliminary, final, and supplemental reports.
(a) The filing dates for preliminary reports are:
(1) Ten calendar days prior to a primary, special, or nonpartisan election;
(2) Ten calendar days prior to a general election; and
(3) October 1 of the year of a general election.
Each preliminary report shall be current through the fifth calendar day prior to the filing of the report.
(b) The filing date for the final primary report is twenty calendar days after the primary, initial special, or initial nonpartisan election. The report shall be current through the day of the applicable election.
(c) The filing date for the final election period report is thirty calendar days after a general, subsequent special, or subsequent nonpartisan election. The report shall be current through the day of the applicable election.
(d) The filing dates for supplemental reports are:
(1) January 31; and
(2) July 31 after an election year.
The report shall be current through December 31 for the report filed on January 31 and current through June 30 for the report filed on July 31.
(e) The authorized person in the case of a party, or treasurer in the case of any other noncandidate committee, shall continue to file all reports until the committee's registration is terminated as provided in section 11-326. [L 2010, c 211, pt of §2; am L 2013, c 111, §2; am L 2015, c 79, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-337 Reporting expenditures.

§11-337 Reporting expenditures.
(a) For purposes of this part, an expenditure is deemed to be made or incurred when the services are rendered or the product is delivered. Services rendered or products delivered for use during a reporting period are deemed delivered or rendered during the period or periods of use; provided that these expenditures shall be reasonably allocated between periods in accordance with the time the services or products are actually used.
(b) Any expenditure that is contracted or paid for and that is to be rendered during the last three days prior to an election shall be included in a late expenditure report as provided in section 11-338. [L 2010, c 211, pt of §2; am L 2013, c 112, §6]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-339 Candidate committees or noncandidate committees receiving and expending $1,000 or less in an election period.

§11-339 Candidate committees or noncandidate committees receiving and expending $1,000 or less in an election period.
(a) Any provision of law to the contrary notwithstanding, a candidate committee or noncandidate committee whose aggregate contributions and aggregate expenditures for the election period total $1,000 or less, shall electronically file only a final election period report, and need not file a preliminary and final primary report, a preliminary and final general report, or a special election report.
(b) By June 30 of an election year, a candidate committee that does not intend to receive contributions and make expenditures that aggregate more than $1,000 in an election period shall notify the commission of its intent in the candidate committee's organizational report.
(c) By the fifth calendar day before the due date of the preliminary primary report that is due ten days before the election, a noncandidate committee that does not intend to receive contributions and make expenditures that aggregate more than $1,000 in an election period shall notify the commission of its intent in the noncandidate committee's organizational report.
(d) Until the candidate committee's or noncandidate committee's registration is terminated as provided in section 11-326, supplemental reports and other reports required by this part shall be filed. [L 2010, c 211, pt of §2; am L 2019, c 8, §1; am L 2022, c 3, §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-342 Fundraiser; fundraiser event; notice of intent; when prohibited.

§11-342 Fundraiser; fundraiser event; notice of intent; when prohibited.
(a) No fundraiser shall be held unless a notice of intent to hold the fundraiser is filed with the commission setting forth the name and address of the person in charge, the price per person, the date, hour, and place of the fundraiser, and the method thereof.
(b) The person in charge of the fundraiser shall file the notice with the commission prior to the fundraiser.
(c) During any regular session or special session of the state legislature, including any extension of any regular session or special session and any legislative recess days, holidays, and weekends, no elected official shall hold a fundraiser event.
(d) As used in this section:
"Elected official" means an individual who currently holds an elected state or county office, including the governor, lieutenant governor, state senator, state representative, trustee of the office of Hawaiian affairs, county mayor, county council member, county prosecuting attorney, and any individual appointed to serve in any of the aforementioned offices.
"Fundraiser" means any function held for the benefit of a candidate, candidate committee, or noncandidate committee that is intended or designed, directly or indirectly, to raise contributions for which any price is charged or any contribution is suggested for attending the function.
"Fundraiser event" means any function held for the benefit of an elected official that is intended or designed, directly or indirectly, to raise contributions for which any price is charged or any contribution is suggested for attending the function. [L 2010, c 211, pt of §2; am L 2022, c 283, §2; am L 2023, c 4, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-345 Donors; consent; notice.

§11-345 Donors; consent; notice.
(a) A nonprofit organization subject to this chapter and operating as a noncandidate committee may use a donation for electioneering communications, independent expenditures, or contributions only upon receipt of written consent from the donor to use the donation for electioneering communications, independent expenditures, or contributions.
(b) A nonprofit organization subject to this chapter and operating as a noncandidate committee shall provide written notice to donors that the donor's name and address may be reported pursuant to this chapter in a public document if the donor provides written consent to use the donation for electioneering communications, independent expenditures, or contributions.
(c) If the donor fails to provide written consent that the donation may be used for electioneering communications, independent expenditures, or contributions, the nonprofit organization shall, within thirty days of receipt of the donation, transmit to the donor a written confirmation by the nonprofit organization's highest ranking official that the donation will not be used for electioneering communications, independent expenditures, or contributions; and the name and address of the donor will not be reported by the nonprofit organization pursuant to this chapter.
(d) Only a nonprofit organization subject to this chapter and operating as a noncandidate committee shall be subject to the reporting requirements of this section. [L 2022, c 169, §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-351 Contributions, generally.

§11-351 Contributions, generally.
(a) Monetary contributions and other campaign funds shall be promptly deposited in a depository institution, as defined by section 412:1-109, duly authorized to do business in the State, including 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 in the name of the candidate, candidate committee, or noncandidate committee, whichever is applicable.
(b) A candidate, candidate committee, or noncandidate committee, shall not accept a contribution of more than $100 in cash, in the aggregate, from a single person during each election period and shall issue a receipt to the contributor and keep a record of the contribution.
(c) Each candidate committee or noncandidate committee shall disclose the original source of all earmarked funds, the ultimate recipient of the earmarked funds, and the fact that the funds are earmarked. [L 2010, c 211, pt of §2; am L 2023, c 6, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-352 False name contributions prohibited.

§11-352 False name contributions prohibited.
(a) No person shall make a contribution to any candidate, candidate committee, or noncandidate committee in any name other than that of the person who owns the money, property, or service.
(b) All contributions made in the name of a person other than the owner of the money, property, or service shall escheat to the Hawaii election campaign fund. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-353 Anonymous contributions prohibited.

§11-353 Anonymous contributions prohibited.
(a) Except as provided in subsection (d), no person shall make an anonymous contribution to any candidate, candidate committee, or noncandidate committee.
(b) A candidate, candidate committee, or noncandidate committee shall not knowingly receive, accept, or retain an anonymous contribution, or report such contribution as an anonymous contribution, except as provided in this section.
(c) An anonymous contribution shall not be used or expended by the candidate, candidate committee, or noncandidate committee, but shall be returned to the contributor. If the contributor cannot be identified, the contribution shall escheat to the Hawaii election campaign fund.
(d) This section shall not apply to amounts that aggregate to less than $100 that are received from ten or more persons at the same political function. The receipt of these contributions shall be disclosed in a report filed pursuant to sections 11-333 and 11-335. [L 2010, c 211, pt of §2; am L 2015, c 78, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-354 Fundraising on state or county property prohibited.

§11-354 Fundraising on state or county property prohibited.
(a) Except as provided in subsection (b), no person shall solicit a contribution in a government facility that is used for the discharge of official duties by an officer or employee of the State or county.
(b) The prohibition in subsection (a) shall not apply to any government facility that permits use by nongovernmental organizations for a fee or with reservations; provided that the government facility's use rules do not prohibit political activities on the premises. Government facilities that permit use for political activities shall be available to a candidate, candidate committee, or noncandidate committee for fundraising activities pursuant to the same terms and conditions that would otherwise apply to use by nongovernmental organizations.
(c) A person who violates the prohibition of fundraising on state or county property shall be guilty of a misdemeanor. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-356 Contributions by foreign national or foreign corporation prohibited.

§11-356 Contributions by foreign national or foreign corporation prohibited.
(a) Except as provided in subsection (b), no contributions or expenditures shall be made to or on behalf of a candidate, candidate committee, or noncandidate committee, by a foreign national or foreign corporation, including a domestic subsidiary of a foreign corporation, a domestic corporation that is owned by a foreign national, or a local subsidiary where administrative control is retained by the foreign corporation, and in the same manner prohibited under 2 United States Code section 441e and 11 Code of Federal Regulations section 110.20, as amended.
(b) A foreign-owned domestic corporation may make contributions if:
(1) Foreign national individuals do not participate in election-related activities, including decisions concerning contributions or the administration of a candidate committee or noncandidate committee; or
(2) The contributions are domestically-derived. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-357 Contributions to candidate committees; limits.

§11-357 Contributions to candidate committees; limits.
(a) No person shall make contributions to:
(1) A candidate seeking nomination or election to a two-year office or to a candidate committee in an aggregate amount greater than $2,000 during an election period;
(2) A candidate seeking nomination or election to a four-year nonstatewide office or to a candidate committee in an aggregate amount greater than $4,000 during an election period; or
(3) A candidate seeking nomination or election to a four-year statewide office or to a candidate committee in an aggregate amount greater than $6,000 during an election period.
(b) For purposes of this section, the length of term of an office shall be the usual length of term of the office as unaffected by reapportionment, a special election to fill a vacancy, or any other factor causing the term of the office the candidate is seeking to be less than the usual length of term of that office. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-358 Contributions to noncandidate committees; limits.

§11-358 Contributions to noncandidate committees; limits.
No person shall make contributions to a noncandidate committee in an aggregate amount greater than $1,000 in an election. This section shall not apply to ballot issue committees. [L 2010, c 211, pt of §2]
Case Notes
Contribution limit in this section is unconstitutional as applied to plaintiffs' proposed contributions to an entity that engages in solely independent expenditures in excess of the statutory limit; plaintiffs' motion for preliminary injunction granted. 744 F. Supp. 2d 1075 (2010).
Plaintiffs, who sought a declaration stating that this section was facially unconstitutional at the preliminary injunction stage, would not likely succeed on the merits; this section's limitation appears to be valid as applied to contributions to a noncandidate committee that does not engage solely in independent expenditures; plaintiff's motion for preliminary injunction denied as to this issue. 744 F. Supp. 2d 1075 (2010).
Plaintiff donors to political action committee had standing to challenge this section; they desired to and eventually made contributions that exceeded the statutory limitations, giving rise to an actual controversy; further, if this section was constitutional as applied, they could have been subject to administrative fines or criminal prosecution; moreover, they indicated a legitimate desire to make similar contributions in 2012, and thus a favorable ruling would have allowed them to make further contributions in 2012 without violating the law. 872 F. Supp. 2d 1023 (2012).
This section limits the amount of contributions a person can make to a noncandidate committee ("committee"); if the committee makes only independent expenditures, then pursuant to the U.S. Supreme Court in Citizens United, Hawaii cannot limit those expenditures; plaintiff donors' contributions to a committee could only lead to independent expenditures; therefore, this section was unconstitutional as applied to plaintiffs' contributions to a committee and defendant campaign spending commission was permanently enjoined from enforcing this section's contribution limitation in that situation. 872 F. Supp. 2d 1023 (2012).
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-359 Family contributions.

§11-359 Family contributions.
(a) A contribution by a dependent minor shall be reported in the name of the minor but included in the aggregate contributions of the minor's parent or guardian.
(b) A contribution by the candidate's immediate family shall be exempt from section 11-357, but shall be limited in the aggregate to $50,000 in any election period; provided that the aggregate amount of loans and contributions received from the candidate's immediate family does not exceed $50,000 during an election period. [L 2010, c 211, pt of §2; am L 2014, c 48, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-360 Contributions to a party.

§11-360 Contributions to a party.
(a) No person shall make contributions to a party in an aggregate amount greater than $25,000 in any two-year election period, except as provided in subsection (b).
(b) No political committee established and maintained by a national political party shall make contributions to a party in an aggregate amount greater than $50,000 in any two-year election period.
(c) If a person makes a contribution to a party that is earmarked for a candidate or candidates, the contribution shall be deemed to be a contribution from both the original contributor and the party distributing such funds to a candidate or candidates. The earmarked funds shall be promptly distributed by the party to the candidate.
(d) This section shall not prohibit a candidate from making contributions to the candidate's party if contributions are not earmarked for another candidate. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-361 Aggregation of contributions and expenditures.

§11-361 Aggregation of contributions and expenditures.
(a) All contributions and expenditures of a person whose contributions or expenditures are financed, maintained, or controlled by any corporation, labor organization, association, party, or any other person, including any parent, subsidiary, branch, division, department, or local unit of the corporation, labor organization, association, party, political committees established and maintained by a national political party, or by any group of those persons shall be considered to be made by a single person.
(b) A contribution by a partnership shall not exceed the limitations in this section and shall be attributed to the partnership and to each partner in direct proportion to the partner's share of the partnership profits, according to instructions that shall be provided by the partnership to the party, candidate, or committee receiving the contribution.
(c) A contribution by a limited liability company shall be treated as follows:
(1) A contribution by a limited liability company that is treated as a partnership by the Internal Revenue Service shall be considered a contribution from a partnership;
(2) A contribution by a limited liability company that is treated as a corporation by the Internal Revenue Service shall be considered a contribution from a corporation;
(3) A contribution by a limited liability company with a single individual member that is not treated as a corporation by the Internal Revenue Service shall be attributed only to that single individual member; and
(4) A limited liability company that makes a contribution shall, at the time the limited liability company makes the contribution, provide information to the party, committee, or candidate receiving the contribution specifying how the contribution is to be attributed.
(d) A person's contribution to a party that is earmarked for a candidate or candidates shall be included in the aggregate contributions of both the person and the party. The earmarked funds shall be promptly distributed by the party to the candidate.
(e) A contribution by a dependent minor shall be reported in the name of the minor but included in the aggregate contributions of the minor's parent or guardian. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-362 Contributions limited from nonresident persons.

§11-362 Contributions limited from nonresident persons.
(a) Contributions from all persons who are not residents of the State at the time the contributions are made shall not exceed thirty per cent of the total contributions received by a candidate or candidate committee for each election period.
(b) This section shall not be applicable to contributions from the candidate's immediate family. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-364 Excess contribution; return; escheat.

§11-364 Excess contribution; return; escheat.
(a) Any candidate, candidate committee, or noncandidate committee that receives in the aggregate more than the applicable contribution limit in section 11-357, 11-358, 11-359, or 11-360 shall return any excess contribution to the contributor within thirty days of receipt of the excess contribution. Any candidate, candidate committee, or noncandidate committee that receives in the aggregate more than the applicable contribution limit in section 11-362 shall return any excess contribution to the contributor within thirty days of the end of the election period; provided that the candidate, candidate committee, or noncandidate committee may choose which contributions to return. Any excess contribution not returned to the contributor within thirty days shall escheat to the Hawaii election campaign fund.
(b) A candidate, candidate committee, or noncandidate committee that complies with this section prior to the initiation of administrative action shall not be subject to any fine under section 11-410. [L 2010, c 211, pt of §2; am L 2021, c 207, §1]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-365 Contributions and expenditures by lobbyists prohibited during legislative session.

§11-365 Contributions and expenditures by lobbyists prohibited during legislative session.
(a) During any regular session or special session of the state legislature, including any extension of any regular session or special session and any legislative recess days, holidays, and weekends, and for five calendar days before and after a session, no lobbyist shall make, or promise to make at a later time, any contributions or expenditures to or on behalf of an elected official, candidate, candidate committee, or any other individual required to file an organizational report pursuant to section 11-321. No elected official, candidate, candidate committee, or other individual required to file an organizational report pursuant to section 11-321 shall accept, or agree to accept at a later time, any contribution from a lobbyist during the specified period under this subsection. Any contribution prohibited by this subsection shall escheat to the Hawaii election campaign fund.
(b) For the purposes of this section:
"Elected official" has the same meaning as in section 11-342.
"Lobbyist" means any person actively registered as a lobbyist with a state or county ethics board or commission. [L 2023, c 128, §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-371 Loan to candidate committee.

§11-371 Loan to candidate committee.
(a) A candidate or candidate committee may receive a loan from any or all of the following:
(1) The candidate's own funds;
(2) A financial institution regulated by the State or a federally chartered depository institution and made in accordance with applicable law in the ordinary course of business;
(3) The candidate's immediate family in an aggregate amount not to exceed $50,000 during an election period; provided that the aggregate amount of loans and contributions received from the immediate family shall not exceed $50,000 during an election period; and
(4) Persons other than the candidate, a financial institution described in paragraph (2), or the candidate's immediate family, in an aggregate amount not to exceed $10,000 during an election period; provided that:
(A) If the $10,000 limit for loans from persons other than the immediate family is reached, the candidate and candidate committee shall be prohibited from receiving or accepting any other loans until the $10,000 is repaid in full; and
(B) If a loan from persons other than the candidate's immediate family is not repaid within one year of the date that the loan is made, the candidate and candidate committee shall be prohibited from accepting any other loans. All campaign funds, including contributions subsequently received, shall be used to repay the outstanding loan in full.
(b) For purposes of this section, a "loan" does not include expenditures made on behalf of a candidate committee by a candidate, volunteer, or employee if:
(1) The candidate's, volunteer's, or employee's aggregate expenditures do not exceed $1,500 within a thirty-day period;
(2) A dated receipt and a written description of the name and address of each payee and the amount, date, and purpose of each expenditure is provided to the candidate committee before the candidate committee reimburses the candidate, volunteer, or employee; and
(3) The candidate committee reimburses the candidate, volunteer, or employee within forty-five days of the expenditures being made. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-372 Reporting loan; written loan agreement.

§11-372 Reporting loan; written loan agreement.
(a) Every loan shall be reported as provided in section 11-333.
(b) Every loan in excess of $100 shall be documented as provided in section 11-333.
(c) A loan shall be treated as a contribution, subject to all relevant provisions of this part, if the loan is not reported or documented as provided in section 11-333. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-382 Prohibited uses of campaign funds.

§11-382 Prohibited uses of campaign funds.
Campaign funds shall not be used:
(1) To support the campaigns of candidates other than the candidate with which they are directly associated;
(2) To campaign against any other candidate not directly opposing the candidate with which they are directly associated; or
(3) For personal expenses. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-383 Exceptions.

§11-383 Exceptions.
Notwithstanding sections 11-381 and 11-382:
(1) A party may support more than one candidate; and
(2) A candidate for the office of governor or lieutenant governor may support a co-candidate in the general election. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-384 Disposition of campaign funds; termination of registration.

§11-384 Disposition of campaign funds; termination of registration.
(a) The candidate committee and candidate who receives contributions for an election but fails to file nomination papers for that election shall return residual funds to the contributors no later than ninety days after the date on which nominations for that election shall be filed. Funds not returned to contributors shall escheat to the Hawaii election campaign fund.
(b) The candidate committee and candidate who withdraws or ceases to be a candidate for the election because of death, disqualification, or other reasons shall return residual funds to the contributors no later than ninety days after the candidate ceases to be a candidate. Funds not returned to contributors shall escheat to the Hawaii election campaign fund.
(c) A candidate who is elected to office, including a candidate subject to term limits and a candidate who resigned before the end of the term of office and the candidate committee of such a candidate, may use campaign funds as provided in section 11-381 or return funds to contributors until four years from the date of the election for which the campaign funds were received. Funds that are not used or returned to contributors shall escheat to the Hawaii election campaign fund.
(d) A candidate who loses an election and the candidate committee of such a candidate may use campaign funds as provided in section 11-381 or return funds to contributors until one year from the date of the election for which the campaign funds were received. Funds that are not used or returned to contributors shall escheat to the Hawaii election campaign fund.
(e) A candidate committee that disposes of campaign funds pursuant to this section shall terminate its registration with the commission as provided in section 11-326.
(f) Notwithstanding any of the foregoing, campaign funds may be used for the candidate's next subsequent election as provided in section 11-381 upon registration for the election pursuant to section 11-321.
(g) The commission shall adopt rules pursuant to chapter 91 to carry out the purposes of this section. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-401 Subpoena powers.

§11-401 Subpoena powers.
(a) The commission may subpoena witnesses, examine them under oath, and require the production of books, papers, documents, or objects to the commission office or at any place in the State whether or not the subpoena is in connection with any hearing; provided that the person or documents subpoenaed shall be relevant to a matter under study or investigation by the commission.
(b) The books, papers, documents, or objects may be retained by the commission for a reasonable period of time for examination, audit, copying, testing, and photographing.
(c) The subpoena power shall be exercised by the chairperson of the commission, or the chairperson's designee.
(d) Upon application of the commission, obedience to the subpoena shall be enforced by the circuit court in the county in which the person subpoenaed resides or is found, in the same manner as a subpoena issued by a circuit court. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-402 Filing of complaint.

§11-402 Filing of complaint.
(a) A person alleging violations of this part shall file a complaint with the commission.
(b) A complaint initiated by the commission shall be in writing and signed by the executive director.
(c) A complaint by a person other than the executive director shall be in writing, signed by the person filing the complaint, and notarized. [L 2010, c 211, pt of §2]
2023 Hawaii Revised Statutes › Title 2. Elections › 11. Elections, Generally › 11-403 Notice of complaint; opportunity to explain or respond to complaint; failure to explain or respond to complaint.

§11-403 Notice of complaint; opportunity to explain or respond to complaint; failure to explain or respond to complaint.
(a) The commission shall give notice of receipt of the complaint and a copy of the complaint to the respondent.
(b) The respondent may explain or otherwise respond in writing to the complaint and explain or otherwise respond to the complaint at a meeting promptly noticed by the commission and conducted under chapter 92.
(c) If the respondent fails to explain or otherwise respond to the complaint, the commission may treat the failure to explain or respond as a rebuttable presumption that a violation has occurred. The respondent shall have thirty days from the mailing of the complaint under subsection (a) to explain or otherwise respond to the complaint before the rebuttable presumption takes effect. [L 2010, c 211, pt of §2; am L 2023, c 118, §1]