reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 3 - CONTRIBUTION AND EXPENDITURE REPORTING, LIMITATIONS, AND PROHIBITIONS › Section 3-160-37 - Contributions by a state or county contractor prohibited

Current through June, 2024
(a)
				  A state or county contractor, as specified in section
				  11-355,
				  Hawaii Revised Statutes, shall not make contributions to a candidate or
				  committee; provided, that the prohibition in section
				  11-355,
				  Hawaii Revised Statutes, is not applicable to a state or county contractor
				  contributing to a ballot issue committee.
(b) The assets of a partnership, including a
				  limited liability company treated as a partnership by the Internal Revenue
				  Service, which is a state or county contractor as specified in section
				  11-355,
				  Hawaii Revised Statutes, shall not be used to make contributions. Individual
				  partners and employees of a partnership may make contributions or expenditures
				  in their own names from their personal assets.
(c) Stockholders, officers, or employees of a
				  state or county contractor as specified in section
				  11-355,
				  Hawaii Revised Statutes, may contribute in their own names from their personal
				  assets.
(d) Individuals who are
				  state or county contractors as specified in section
				  11-355,
				  Hawaii Revised Statutes, may not contribute in their own names from their
				  personal assets.
(e) Sole
				  proprietors who are state or county contractors as specified in section
				  11-355,
				  Hawaii Revised Statues, may not make contributions.
(f) "Contract", as used in section
				  11-355,
				  Hawaii Revised Statutes, means:
(1) A written
				  contract between any person and the State, any of its counties, or any
				  department or agency thereof; and
(2) Any written contract
				  modification.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 3 - CONTRIBUTION AND EXPENDITURE REPORTING, LIMITATIONS, AND PROHIBITIONS › Section 3-160-38 - False name contributions prohibited

Current through June, 2024
(a) No person shall
				  make a contribution in any name other than the true name of the owner of the
				  money or the property.
(b) False
				  name contributions include but are not limited to:
(1) Giving a contribution, all or part of
				  which was provided to the contributor by another person (the true contributor)
				  without disclosing the source of the contribution to the recipient candidate or
				  committee at the time the contribution is made;
(2) Making a contribution and attributing as
				  the source of the contribution another person when in fact the contributor is
				  the source; or
(3) Compensating an
				  employee, director, or contractor for a contribution, through a bonus, expense
				  account, or other form of direct or indirect compensation.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 3 - CONTRIBUTION AND EXPENDITURE REPORTING, LIMITATIONS, AND PROHIBITIONS › Section 3-160-39 - Loans to candidates or committees

Current through June, 2024
(a) A candidate or
				  candidate's committee may receive loans from:
(1) 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;
(2) The candidate's own funds;
(3) The candidate's immediate family in an
				  aggregate amount with contributions not to exceed $50,000 during an election
				  period;
(4) Persons other than
				  immediate family of a candidate in an aggregate amount not to exceed $10,000
				  during an election period.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 3 - CONTRIBUTION AND EXPENDITURE REPORTING, LIMITATIONS, AND PROHIBITIONS › Section 3-160-40 - Expenditures; reporting

Current through June, 2024
(a) Expenditures
				  coordinated with the candidate or candidate committee authorized by a
				  candidate, shall be reported as non-monetary contributions to the
				  candidate.
(b) A noncandidate
				  committee, required to register and file reports, that coordinates expenditures
				  with a candidate shall keep complete records of such coordinated expenditures
				  and file reports pursuant to sections
				  11-335,
				  11-336,
				  11-337,
				  and 11-33 8, Hawaii Revised Statutes.
(c) Any expenditures authorized by a
				  candidate, committee, or party shall be reported in the report covering the
				  reporting period in which the expenditure is made or incurred, unless the
				  person filing the required report furnishes detailed information to justify an
				  allocation to another reporting period.
(d) Unpaid expenditures must be reported
				  until payment is made in full or the debt is forgiven.
(e) Expenditures made for or on behalf of
				  more than one candidate shall be attributed to each candidate according to the
				  benefit reasonably expected to be derived as follows:
(1) In the case of a publication or broadcast
				  communication, the expenditures shall be attributed based upon the proportion
				  of time or space devoted to each candidate.
(2) In the case of a phone bank, the
				  expenditures shall be attributed based upon the number of questions or
				  statements devoted to each candidate as compared to the number of questions or
				  statements devoted to all candidates,
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 3 - CONTRIBUTION AND EXPENDITURE REPORTING, LIMITATIONS, AND PROHIBITIONS › Section 3-160-41 - Expenditures; donations

Current through June, 2024
(a) A candidate or
				  candidate committee may donate to a community service, educational, youth,
				  recreational, charitable, scientific, or literary organization.
(b) "Community service, educational, youth,
				  recreational, charitable, scientific, or literary organization", as used in
				  this section, does not include:
(1)
				  Organizations or trust funds established by a candidate or the candidate's
				  committee;
(2) Organizations whose
				  beneficiaries include the candidate, the candidate's immediate family members,
				  officers of the candidate's committee and their immediate families;
				  and
(3) Any organization where one
				  individual constitutes the entire organization.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 3 - CONTRIBUTION AND EXPENDITURE REPORTING, LIMITATIONS, AND PROHIBITIONS › Section 3-160-41.1 - Expenditures; scholarships

Current through June, 2024
A candidate or candidate committee shall not use campaign
					 funds for a scholarship for the candidate or the candidate's immediate
					 family.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 3 - CONTRIBUTION AND EXPENDITURE REPORTING, LIMITATIONS, AND PROHIBITIONS › Section 3-160-42 - Expenditures not allowed for personal expenses

Current through June, 2024
(a)
				  Candidates and committees shall not use campaign funds for "personal
				  expenses".
(b) "Personal expenses",
				  as used in this section, means expenses that would exist irrespective of a
				  candidate's campaign to seek the nomination or election to office or being
				  elected to an office and includes the following expenses:
(1) Household food items and supplies
				  purchased for daily personal consumption by the candidate, a family member of
				  the candidate, or members of a committee, candidate committee, or noncandidate
				  committee;
(2) Gifts or donations
				  for weddings, Christmas, birthdays, funerals, or other personal occasions,
				  except gifts to campaign employees or volunteers as provided in section
				  3-160-43(a)
				  (5);
(3) Clothing usually and customarily worn for
				  every day wear; provided that a campaign expense for clothing identifying the
				  candidate or campaign for an office shall not be prohibited;
(4) Tuition and educational fees or expenses
				  not directly related to the performance of duties or responsibilities in a
				  candidate's campaign for elected office;
(5) Mortgage, rent, and utility expenses for
				  a personal residence; provided that if a clearly segregated portion of the
				  personal residence is being used for campaign purposes, contributions may be
				  used to reimburse the owner of the property a fair rental value for the
				  apportioned actual use of the personal residence;
(6) Entertainment or sporting
				  events;
(7) Dues, fees, or other
				  expenses to a country club, health club, recreational or exercise facility and
				  not arising from a fundraising activity or function held at the
				  facility;
(8) Compensation for
				  personal services paid to the candidate;
(9) Compensation for personal services paid
				  to the candidate's immediate family or relatives, unless the payments are for
				  bona fide services necessary to maintain a campaign to influence the nomination
				  or election of the candidate and is comparable to the compensation paid to
				  other persons in the community providing similar services;
(10) Legal expenses not related to the
				  nomination or election of a candidate; provided that personal expenses do not
				  include legal expenses specifically related to the nomination or election of a
				  candidate in:
(A) Proceedings before the
				  commission; or
(B) Proceedings
				  before an administrative agency or a court of law; or
(11) Vacation expenses.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 3 - CONTRIBUTION AND EXPENDITURE REPORTING, LIMITATIONS, AND PROHIBITIONS › Section 3-160-43 - Expenditures directly related to a candidate's campaign; unauthorized expenditures

Current through June, 2024
(a) A candidate or
				  candidate's committee may pay expenses that are predominantly and directly
				  related to a candidate's campaign to influence the nomination or election of
				  the candidate and includes the following:
(1)
				  Airfare and hotel accommodations;
(2) Meal or food expenses incurred at a
				  fund-raising event or other campaign activity;
(3) Professional services that are necessary
				  in a candidate's campaign to seek the nomination or election of the
				  candidate;
(4) Penalties, fines,
				  judgments, or settlements imposed on a candidate or candidate committee by a
				  court or regulatory agency for violations of part XIII of chapter
				  11, Hawaii Revised Statutes, or this
				  chapter;
(5) Personal gifts:
(A) For one or more campaign employees or
				  volunteers or for one or more employees working for the candidate who
				  voluntarily campaigned for the candidate;
(B) Of not more than an aggregate of $500 for
				  a two-year office, $1,000 for a four-year non-statewide office, or $1,500 for a
				  four-year statewide office in the applicable election period;
(6) Mixed benefit expenditures
				  authorized in section
				  3-160-45;
(7) State and county political convention
				  expenses to attend and participate in the convention, including travel, meals,
				  and registration, but not including expenses for clothing and entertainment;
				  or
(8) Reasonable expenses for
				  "Mahalo parties" and newsletters to supporters.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 3 - CONTRIBUTION AND EXPENDITURE REPORTING, LIMITATIONS, AND PROHIBITIONS › Section 3-160-44 - Expenditures; ordinary and necessary expenses

Current through June, 2024
A candidate may pay ordinary and necessary expenses
					 incurred in connection with the candidate's duties as a holder of an elected
					 state or county office. These expenses must be reasonable, usual, and directly
					 related to the office.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 3 - CONTRIBUTION AND EXPENDITURE REPORTING, LIMITATIONS, AND PROHIBITIONS › Section 3-160-45 - Mixed benefit to the candidate

Current through June, 2024
(a) A candidate or
				  candidate's committee may purchase goods or services and lease goods and real
				  property, except as provided in section
				  3-160-43(b)(3),
				  that provide a mixed benefit to the candidate; provided that the amount
				  attributed to the candidate's personal use shall be determined and reimbursed
				  by the candidate to the committee, unless the personal benefit is "de
				  minimis".
(b) "Mixed benefit to the
				  candidate", for purposes of this section, means any use of goods or services
				  both for personal use and to influence the nomination or election of a
				  candidate or to satisfy a function of the candidate's elected office and
				  includes the following:
(1)
(A) Expenses to purchase, lease, maintain,
				  and repair a vehicle if the title to the vehicle is in the name of the
				  candidate committee. Contributions shall not be used to pay vehicle expenses
				  including maintenance, towing, or repair for a candidate's personal vehicle;
				  or
(B) Reimbursement for the use of
				  a personal vehicle at the federal optional standard mileage rate for computing
				  deductions for operating an automobile for business purposes, in effect at the
				  time the vehicle is used. A daily mileage log, noting the campaign use and
				  personal use, that is maintained and retained as part of the candidate and
				  candidate committee's records would satisfy the recordkeeping requirements of
				  section 3-160-23; and
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 3 - CONTRIBUTION AND EXPENDITURE REPORTING, LIMITATIONS, AND PROHIBITIONS › Section 3-160-46 - Durable asset; acquisition and disposition

Current through June, 2024
(a) "Durable
				  asset", as used in this section, means non-consumable supplies or equipment
				  with a minimum purchase value of $250 and a useful life of twelve months or
				  more.
(b) Any acquisition or
				  disposition of a durable asset by a candidate, candidate's committee, or
				  noncandidate committee shall be reported on the commission's electronic filing
				  system's durable assets schedule, and the report shall include the following
				  current information:
(1) Detailed description
				  and cost of the durable asset;
(2)
				  Date of acquisition or disposition;
(3) Full name, street address, city, state,
				  and zip code of the vendor or contributor.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 3 - CONTRIBUTION AND EXPENDITURE REPORTING, LIMITATIONS, AND PROHIBITIONS › Section 3-160-47 - Newsletters, reports, surveys, and polls

Current through June, 2024
(a) The payment of
				  costs to prepare, publish, and distribute reports, surveys, or polls which
				  influence the nomination for election, or election of any candidate must be
				  reported unless specifically excepted by this section.
(b) Use of personal funds by a candidate to
				  pay the costs to prepare, publish, and distribute reports, surveys, or polls
				  shall be reported as expenditures, and "other receipts" from the
				  candidate.
(c) The payment of costs
				  for the following reports, surveys, or polls are not reported as expenditures:
(1) Reports, surveys, or polls of independent
				  organizations not affiliated with any candidate and who have not received or
				  expended any money on behalf of any candidate, and whose report, survey, or
				  poll is either available to all candidates as well as the general public is
				  confidential and not distributed or publicized at any time prior to an election
				  in which the report, survey, or poll would have an influence;
(2) Reports, surveys, or polls required by
				  law to be made by any governmental agency and for which funds have been
				  appropriated by law;
(3) Reports,
				  surveys, or polls of incumbent officeholders, not candidates, who pay for costs
				  of publication and distribution from funds which have been specifically
				  appropriated by law; and
(4)
				  Reports, surveys, or polls of any news reporting agencies or communications
				  media who have neither received nor contributed any moneys on behalf of any
				  candidate.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 3 - CONTRIBUTION AND EXPENDITURE REPORTING, LIMITATIONS, AND PROHIBITIONS › Section 3-160-49 - Disclosure of top contributors; hardship exception

Current through June, 2024
(a) If a
				  noncandidate committee making only independent expenditures is required to
				  disclose its top contributors in an advertisement pursuant to section
				  11-393,
				  Hawaii Revised Statutes, the following requirements also apply:
(1) In a written advertisement, the
				  disclosure must be in at least ten-point type, not be subject to the half-tone
				  or screening process, and be set apart from any other printed matter;
(2) In a radio or other audio advertisement,
				  the disclosure must be clearly spoken; and
(3) In a television or other video
				  advertisement, the disclosure must be either clearly spoken, or appear in print
				  and be visible for at least four seconds, appear in letters greater than four
				  per cent of the visual screen height, and have a reasonable color contrast with
				  the background,
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 4 - PARTIAL PUBLIC FINANCING OF CAMPAIGNS › Section 3-160-60 - "Qualifying contribution", defined

Current through June, 2024
(a) "Qualifying
				  contribution" means the same as defined in section
				  11-302, Hawaii
				  Revised Statutes, and does not include:
(1)
				  Loans;
(2) Non-monetary
				  contributions;
(3) Contributions
				  from individuals who are not Hawaii residents;
(4) The candidate's own funds;
(5) Contributions received prior to the
				  filing of the 'Statement of Intent to Seek Public Funds" form; and
(6) Contributions of $100 or less received
				  from a person during the matching payment period if the person's aggregate
				  contributions exceed $100 during the matching payment period.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 4 - PARTIAL PUBLIC FINANCING OF CAMPAIGNS › Section 3-160-61 - Campaign expenditures

Current through June, 2024
(a) Campaign
				  expenditures for purposes of the voluntary expenditure limit, include expenses
				  for a fundraiser or other political fundraising activities for the
				  candidate.
(b) Campaign
				  expenditures for purposes of the voluntary expenditure limit do not include
				  amounts paid to repay or forgive a loan.
(c) There is no aggregation of campaign
				  expenditures between candidates for governor and lieutenant governor of the
				  same political party for purposes of the voluntary expenditure limit in section
				  11-423,
				  Hawaii Revised Statutes, when a candidate for governor or lieutenant governor
				  supports a co-candidate in the general election.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 4 - PARTIAL PUBLIC FINANCING OF CAMPAIGNS › Section 3-160-62 - Application for public funds

Current through June, 2024
(a) To apply for
				  public funds a candidate shall:
(1) File a
				  'Statement of Intent to Seek Public Funds" form with the commission.
				  Contributions received prior to the filing of this form are not qualifying
				  contributions and shall not be included on the 'Statement of Qualifying
				  Contributions" form; Mail or deliver an "Affidavit to Voluntarily Agree with
				  Campaign Expenditure Limits" form to the commission on or before the deadline
				  for filing nomination papers which states that the candidate is aware of the
				  campaign expenditure limit for the candidate's office and is willing to abide
				  by this limit;
(3) File a
				  'Statement of Qualifying Campaign Contributions" form on the commission's
				  electronic filing system, with the following information:
(A) The name and address of each person who
				  contributed an aggregate of $100 or less to the candidate since filing the
				  statement of intent to seek qualifying campaign contributions; and
(B) The total amount of each qualifying
				  contribution and the date the contribution was received;
(4) Mail or deliver an "Application For
				  Public Funds" form, along with a copy of the 'Statement of Qualifying Campaign
				  Contributions" form, to the commission requesting public funds;
(5) Not owe fines to the Hawaii election
				  campaign fund;
(6) Be qualified to
				  be on the election ballot in a primary or general election; and
(7) Have an opponent qualified to be on the
				  election ballot in a primary or general election.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 4 - PARTIAL PUBLIC FINANCING OF CAMPAIGNS › Section 3-160-63 - Authorized expenditures of public funds

Current through June, 2024
(a) A candidate
				  shall use public funds only for the following expenses:
(1) Filing fees;
(2) Television or radio broadcast
				  costs;
(3) Newspaper, other print,
				  and internet advertising;
(4)
				  Mail-outs;
(5) Bumper
				  stickers;
(6) Sundry items such as
				  pens, pencils, magnets, and stickers;
(7) Banners and signs
(8) Printing;
(9) Postage;
(10) T-shirts;
(11) Loan repayment if the proceeds of the
				  loan were used to pay for the authorized campaign expenses listed in paragraphs
				  (1) to (10); and
(12) Airfare,
				  Ferryfare, and ground transportation for candidates with multi-island
				  constituencies.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 4 - PARTIAL PUBLIC FINANCING OF CAMPAIGNS › Section 3-160-64 - Voluntary campaign expenditure limitation affidavit

Current through June, 2024
(a)
				  A candidate who agrees to comply with the voluntary expenditure limit shall
				  file the "Affidavit to Voluntarily Agree with Campaign Expenditure Limits" with
				  the commission no later than the deadline for filing of nomination papers,
				  stating that the candidate shall not exceed the voluntary expenditure
				  limit.
(b) The benefits of filing
				  the "Affidavit to Voluntarily Agree with Campaign Expenditure Limits" include:
(1) Reduced filing fee with Office of
				  Elections; and
(2) Fulfills one
				  requirement to be eligible for public funding.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 4 - PARTIAL PUBLIC FINANCING OF CAMPAIGNS › Section 3-160-65 - Depletion of fund

Current through June, 2024
(a) The Hawaii election campaign fund shall
				  be considered close to depletion when the balance in the trust fund equals the
				  sum of the average amount of operating expenses, including staff salaries and
				  fringe benefits, paid by the commission in the two prior fiscal years, added to
				  the average amount of public funds paid by the commission to candidates in the
				  partial public financing program in the two prior two-year election
				  periods.
(b) The Hawaii Election
				  campaign fund shall be considered at near depletion when the balance in the
				  trust fund equals the average amount of operating expenses, including staff
				  salaries and fringe benefits, paid by the commission in the two prior fiscal
				  years.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 5 - COMPLIANCE › Section 3-160-70 - Complaints of violations; administrative fines; referral

Current through June, 2024
(a)
				  Any complaint of a violation of the Hawaii election campaign laws in chapter
				  11, part XIII, Hawaii Revised Statutes
				  and this chapter, shall be filed with the commission.
(1) A complaint shall be in writing and
				  signed under oath by the complainant. The oath shall verify that the statements
				  provided in the complaint were made with sufficient personal knowledge or
				  information to form an understanding and belief that the statements are true.
				  Complaints initiated by the commission or its staff shall be in writing and
				  signed by the executive director;
(2) The complaint shall provide specific and
				  detailed statements that are based upon a complainant's personal knowledge and
				  belief;
(3) The complaint shall
				  cite the statute or rule that has been violated, and allege facts to support
				  the claim that a specific statute or rule has been violated; and
(4) The complaint shall specify the remedy
				  sought.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 5 - COMPLIANCE › Section 3-160-71 - Determination of complaint; summary dismissal

Current through June, 2024
The commission may determine without regard to chapter
					 91, Hawaii Revised Statutes, to
					 summarily dismiss a complaint if:
(1)
				  The complaint fails to comply with the requirements of section
				  3-160-70;
(2) The complaint fails to provide statements
				  that were based upon sufficient knowledge or information to form a belief that
				  the statements are true;
(3) The
				  complaint fails to provide sufficient statements to support a claim that a law
				  or rule may have been violated; or
(4) The complaint clearly lacks
				  merit.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 5 - COMPLIANCE › Section 3-160-72 - Determination of complaint; further investigation

Current through June, 2024
(a) The
				  commission may request a complaint be further investigated by its staff for
				  reasons including:
(1) The complaint may
				  involve other candidates, parties, committees, or persons not stated in the
				  complaint;
(2) The complaint
				  provides statements that may support a claim that other laws or rules may have
				  been violated; or
(3) An
				  investigation by the commission staff will assist in a prompt and efficient
				  determination of any violation of law or rule.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 5 - COMPLIANCE › Section 3-160-73 - Administrative fines; adoption of guidelines

Current through June, 2024
(a) The commission
				  may adopt a schedule of fines for violations of chapter
				  11, part XIII, Hawaii Revised
				  Statutes, and these rules, in guidelines approved by the commission at a
				  meeting conducted under chapter
				  92, Hawaii Revised Statutes.
(b) These guidelines, which may be amended
				  from time to time by the commission in accordance with paragraph (a), shall be
				  posted on the commission's website.
(c) The executive director may assess fines
				  for violations in accordance with the guidelines adopted by the
				  commission.
(d) The executive
				  director shall report to the commission the amount of fines paid by persons
				  pursuant to subsection (c), in the annual report.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 160 - ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES › Subchapter 5 - COMPLIANCE › Section 3-160-74 - Conciliation Agreements

Current through June, 2024
(a) After a
				  complaint is filed with the commission, the executive director may enter into a
				  conciliation agreement with the person(s) against whom the complaint is filed,
				  to resolve the complaint.
(b) A
				  conciliation agreement shall be approved by the commission at a meeting
				  conducted under chapter
				  92, Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-1 - Purpose, scope, and construction

Current through June, 2024
(a) This chapter is
				  intended to provide uniform rules of administrative procedure to govern
				  proceedings listed below that are brought before the campaign spending
				  commission, the purpose of which is to obtain:
(1) A determination of any contested or
				  controverted matter within the commission's jurisdiction, through a contested
				  case proceeding;
(2) A declaration
				  as to the applicability, with respect to a factual situation, of any rule or
				  order of the commission or of any statute which the commission is required to
				  administer or enforce; or
(3) The
				  adoption, modification, or repeal of any rule of the commission which is
				  initiated by petition.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-3 - Commencement of proceedings

Current through June, 2024
A proceeding under chapter
					 91, Hawaii Revised Statutes, shall
					 commence by the filing with the commission of;
(1) A petition or complaint for contested
				  case proceeding;
(2) A petition for
				  declaratory relief; or
(3) A
				  petition for rule relief.
(b) Upon the filing
				  of a petition or complaint, the commission shall docket the petition or
				  complaint and assign a docket number to the petition or complaint.
(c) For good cause shown, the commission may
				  waive or suspend any rule. However, no rule relating to jurisdictional matter
				  shall be waived or suspended by the commission.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-4 - Legal counsel

Current through June, 2024
(a) A party, at the
				  party's own expense, may be represented by legal counsel at any stage of the
				  proceeding before the commission or hearings officer.
(b) Substitution of legal counsel shall be
				  effective upon filing of a notice of the substitution by the party
				  represented.
(c) Withdrawal of
				  legal counsel in the absence of a concurrent substitution shall be effective
				  only upon the approval of the commission or hearings officer and shall be
				  subject to the guidelines of the Hawaii rules of professional conduct and other
				  applicable law.
(d) No party shall
				  substitute or withdraw legal counsel for the purpose of delaying a proceeding.
				  Substitution or withdrawal of counsel less than thirty days before the hearing
				  shall not be considered sufficient reason to continue the hearing, unless good
				  cause is shown.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-5 - Individual representing party

Current through June, 2024
When an individual, acting in a representative capacity on
					 behalf of a party, appears in a proceeding or signs a document submitted to the
					 commission or hearings officer, that personal appearance or signature shall
					 constitute a representation that the individual is lawfully authorized and
					 qualified to so act. The individual at any time, however, may be required by
					 the commission or hearings officer to furnish proof of authorization and
					 qualification to act in that capacity.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-6 - Substitution of parties

Current through June, 2024
(a) Upon motion and
				  for good cause shown, substitution of parties may be ordered provided that the
				  substitution shall:
(1) Be conducive to
				  effectuating the ends of justice;
(2) Not unduly delay the proceeding;
				  and
(3) Not otherwise unduly
				  harass, hinder, or prejudice the rights of any party.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-7 - Intervention

Current through June, 2024
Upon timely motion and at the discretion of the commission
					 or the hearings officer, any person may be permitted to intervene and be
					 admitted as a party in a proceeding before the commission or hearings officer
					 if that person has a substantial interest in the outcome of the proceeding
					 which is not protected by the interests of any of the parties, or the
					 intervention shall be conducive to effectuating the ends of justice and to
					 achieving the goals and purposes of the commission; provided that no
					 intervention shall be permitted if the intervention shall unduly delay the
					 proceeding or harass, hinder, or prejudice the rights of any party to the
					 proceeding.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-8 - Consolidation

Current through June, 2024
The commission or hearings officer sua sponte, or upon any
					 party's motion timely made and for good cause shown, may consolidate two or
					 more proceedings which involve substantially the same issues, arise out of the
					 same general transaction, or involve the same person or persons, provided the
					 consolidation shall be conducive to effectuating the ends of justice and shall
					 not unduly delay the proceedings or hinder, harass, or prejudice any
					 party.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-9 - Format and certification of pleadings

Current through June, 2024
(a) Petitions,
				  motions, and other pleadings shall be typed or printed in twelve point pica or
				  equivalent type size upon standard quality paper,
				  8-1/2 x 11
				  inches in size and of at least sixteen pound weight, except that documentary
				  exhibits may be larger, if folded to the size of the pleadings to which they
				  are attached.
(b) All copies shall
				  be legible on paper
				  8-1/2 x 11
				  inches in size and of at least sixteen pound weight.
(c) The first page of every pleading shall
				  set forth the name, address, and phone number of the party, the party's
				  attorney, if any, the title of the particular pleading, the docket number, and
				  the name of the proceeding.
(d) All
				  pleadings shall be signed in black or other photo-reproducible ink by the party
				  filing the pleadings or by the party's authorized agent. The signature shall
				  constitute certification that the person so signing has read the pleading and
				  that to the best of the person's knowledge, information, and belief, the
				  pleading is true or has good grounds to support it and is not submitted for the
				  purpose of hindering, harassing, or delaying any party or proceeding.
(e) Unless otherwise provided, all pleadings,
				  motions, memoranda, and other documents shall be filed with the commission on
				  or before the time limit prescribed by statute, rule, or order of the
				  commission. Unless otherwise ordered, the date on which the papers are received
				  shall be regarded as the date of filing.
(f) When a petition has been assigned to a
				  hearings officer, all pleadings, motions, memoranda, and other documents shall
				  be filed with that hearings officer.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-10 - Service, generally

Current through June, 2024
(a) Unless
				  otherwise provided by this chapter or by other applicable law, whenever service
				  is required to be made on any party to a proceeding before the commission,
				  service shall be made personally or by first class mail at the party's last
				  known address or to the party's attorney of record or to any other individual
				  representing the party in the proceeding.
(b) If personal service or service by mail is
				  unsuccessful, the commission or hearings officer may authorize service by
				  publication if permitted by statute. The commission or hearings officer may
				  require that personal service be attempted prior to permitting service by
				  publication. After service by publication has been authorized, whenever service
				  is required to be made on that party thereafter, service by first class mail to
				  the party's last known address shall be sufficient.
(c) Unless otherwise required by this chapter
				  or the commission, all parties shall file with the commission an original and
				  one copy of each pleading or amendment thereof. Additional copies shall be
				  promptly provided if the chairperson, hearings officer, or executive director
				  so requests.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-11 - Service by whom

Current through June, 2024
(a) Unless otherwise provided by this
				  chapter, a party filing a pleading, motion, memorandum, document, or other
				  paper shall cause a copy of the pleading, motion, memorandum, document, or
				  other paper to be served upon each of the other parties to the proceeding, or
				  upon any agent or attorney representing the other party. The party serving the
				  pleading, motion, memorandum, document or other paper shall file a certificate
				  of service.
(b) The commission or
				  hearings officer may cause each respondent to be served with a copy of the
				  petition, or the commission or hearings officer may require the petitioner to
				  serve each respondent with a copy of the petition and to file a certificate of
				  service.
(c) The commission or
				  hearings officer may cause the notice of hearing to be served upon the parties,
				  or the commission or hearings officer may require the petitioner to serve
				  notice upon the other parties and to file a certificate of service.
(d) Unless otherwise provided by this
				  chapter, the commission shall cause to be served all notices, documents,
				  orders, and other papers issued by it.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-12 - Time

Current through June, 2024
(a) Unless otherwise provided by statute or
				  rule, in computing any period of time prescribed or allowed by this chapter,
				  the day of the act, event, or default after which the designated period of time
				  is to run, shall not be included. The last day of the period so computed shall
				  be included unless it is a Saturday, Sunday, or legal holiday in the State, in
				  which event the period runs until the next day which is neither a Saturday,
				  Sunday, nor a holiday. Intermediate Saturdays, Sundays, and holidays shall not
				  be included in a computation when the period of time prescribed or allowed is
				  seven days or less. A half-day administrative leave shall not be considered a
				  holiday for the purpose of these computations.
(b) The hours of a day during which documents
				  will be accepted for filing by the commission or hearings officer shall be
				  those specified in section
				  78-1.6, Hawaii
				  Revised Statutes.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-13 - Extensions of time

Current through June, 2024
Unless otherwise provided, the commission or hearings
					 officer may extend the time within which any action shall be taken at the
					 request of any party. The commission or hearings officer, in its/his/her sole
					 discretion, may require that the extension be stipulated to by all parties to
					 the proceeding or that the request be by motion for good cause shown as to why
					 the extension should be granted.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-14 - Motions

Current through June, 2024
(a) An application for any relief or order
				  shall be by motion which, unless made during a hearing, shall be made in
				  writing, shall state with particularity the grounds therefor, and shall set
				  forth the relief or order sought.
(b) Motions referring to facts not of record
				  shall be supported by an affidavit or declaration and exhibits, if appropriate,
				  and if involving a question of law shall be accompanied by a memorandum in
				  support.
(c) If a hearing is held
				  on the motion, the party filing the motion shall serve a copy of the motion and
				  notice of hearing on the motion upon all parties not later than seventy-two
				  hours before the hearing and the opposing party shall file and serve any
				  counter affidavits or declarations and memorandum in opposition not less than
				  twenty-four hours before the hearing.
(d) Motions shall be filed with the
				  commission except that after a petition has been transferred to a hearings
				  officer, all motions shall be filed with and decided by the hearings
				  officer.
(e) Failure to comply with
				  the requirements of this section may be the basis for denial of any
				  motion.
(f) The decision on the
				  motion may be made orally at the time of the hearing on the motion, or in
				  writing, or as part of the commission's decision or the hearings officer's
				  recommended decision.
Hawaii Administrative Rules › Title 3 - DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES › Campaign Spending Commission › Chapter 161 - ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE CAMPAIGN SPENDING COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 3-161-15 - Powers of the commission or hearings officer in conducting hearing

Current through June, 2024
To the extent authorized by law, the commission or
					 hearings officer shall have the powers, in conducting a hearing, without
					 limitation to:
(1) Hold hearings and
				  issue notices;
(2) Administer oaths
				  and affirmations;
(3) Consolidate
				  hearings or sever proceedings, provided that those actions shall be conducive
				  to effectuating the ends of justice and shall not unduly delay the proceedings
				  or hinder, harass, or prejudice any party;
(4) Subpoena and examine witnesses;
(5) Issue subpoenas;
(6) Rule upon offers of proof, to receive
				  relevant evidence, and to exclude evidence which is irrelevant, immaterial,
				  repetitious, cumulative, or merely scandalous and accordingly may restrict
				  lines of questioning or testimony;
(7) Regulate the course and conduct of the
				  hearing;
(8) Regulate the manner of
				  any examination so as to prevent the needless and unreasonable harassment,
				  intimidation, or embarrassment of any witness or party at the
				  hearing;
(9) Remove disruptive
				  individuals, including any party, legal counsel, witness, or
				  observer;
(10) Hold conferences,
				  including prehearing conferences, before or during the hearing, for the
				  settlement or simplification of issues;
(11) Rule on motions and to dispose of
				  procedural matters;
(12) Submit in
				  writing any report or recommended decision together with the findings of fact
and conclusions of law and a recommended order for the
					 commission's consideration and final disposition;
(13) Dispose of any other matter that
				  normally and properly arises in the course of the proceedings and to take any
				  action authorized by this chapter, chapter
				  91, Hawaii Revised Statutes, or any
				  other related laws; and
(14)
				  Examine, after notice to all parties, any site or tangible evidence relevant to
				  the case.