§11-341 Electioneering communications; statement of information. (a) Each person who makes an expenditure for electioneering communications in an aggregate amount of more than $1,000 during any calendar year shall file with the commission a statement of information within twenty-four hours of each disclosure date provided in this section.
(b) Each statement of information shall contain the following:
(1) The name of the person making the expenditure, name of any person or entity sharing or exercising discretion or control over the person, and the custodian of the books and accounts of the person making the expenditure;
(2) The names and titles of the executives or board of directors who authorized the expenditure, if the expenditure was made by a noncandidate committee, business entity, or an organization;
(3) The state of incorporation or formation and principal address of the noncandidate committee, business entity, or organization or for an individual, the name, address, occupation, and employer of the individual making the expenditure;
(4) The amount of each expenditure during the period covered by the statement and the identification of the person to whom the expenditure was made;
(5) The elections to which the electioneering communications pertain and the names of any clearly identifiable candidates and whether those candidates are supported or opposed;
(6) If the expenditures were made by a noncandidate committee, the names and addresses of all persons who contributed to the noncandidate committee for the purpose of publishing or broadcasting the electioneering communications;
(7) If the expenditures were made by an organization other than a noncandidate committee, the names and addresses of all persons who contributed to the organization for the purpose of publishing or broadcasting the electioneering communications;
(8) Whether any electioneering communication is made in coordination, cooperation, or concert with or at the request or suggestion of any candidate, candidate committee, or noncandidate committee, or agent of any candidate if any, and if so, the identification of the candidate, candidate committee, or noncandidate committee, or agent involved; and
(9) The three top contributors as required under section 11-393, if applicable.
(c) An electioneering communication statement of information filed pursuant to this section shall be in addition to the filing of any other report required under this part.
(d) For purposes of this section:
"Disclosure date" means, for every calendar year, the first date by which a person has made expenditures during that same year of more than $1,000 in the aggregate for electioneering communications.
"Electioneering communication" means any advertisement that is broadcast from a cable, satellite, television, or radio broadcast station; published in any periodical or newspaper or by electronic means; or sent by mail, and that:
(1) Refers to a clearly identifiable candidate;
(2) Is made, or scheduled to be made, either within thirty days before a primary or initial special election or within sixty days before a general or special election; and
(3) Is not susceptible to any reasonable interpretation other than as an appeal to vote for or against a specific candidate.
"Electioneering communication" shall not include communications:
(1) In a news story or editorial disseminated by any broadcast station or publisher of periodicals or newspapers, unless the facilities are owned or controlled by a candidate, candidate committee, or noncandidate committee;
(2) That constitute actual expenditures by the expending organization;
(3) In house bulletins; or
(4) That constitute a candidate debate or forum, or solely promote a debate or forum and are made by or on behalf of the person sponsoring the debate or forum.
"Person" shall not include a candidate or candidate committee.
(e) For purposes of this section, a person shall be treated as having made an expenditure if the person has executed a contract to make the expenditure. [L 2010, c 211, pt of §2; am L 2013, c 112, §9; am L Sp 2021, c 3, §1]
Note
The 2021 amendment applies beginning with the 2022 primary election.
Case Notes
Plaintiff noncandidate committee and government contractor's as-applied challenge to the disclaimer requirement in §11-391(a)(2)(B) and the corresponding definition of "advertisement" in §11-302, which included the "electioneering communications" definitions in subsection (c), rejected; the court concluded that the plaintiff's advertisements fit within the regulatory "safe harbor"--they were an "advertisement" that was an "electioneering communication" and was the functional equivalent of express advocacy under subsection (c). 872 F. Supp. 2d 1023 (2012).
Structure Hawaii Revised Statutes
11-1.5 Office of elections established.
11-2 Chief election officer; duties.
11-2.8 Publication of election notices.
11-6 Petitions; withdrawal of signatures.
11-7.5 Duties of the elections commission.
11-8 Elections commission; political activities.
11-8.5 Elections review program.
11-10 Candidates for public office; public service announcements; public funds.
11-10.5 Statewide voters with special needs advisory committee.
11-10.6 County voters with special needs advisory committees.
11-12 Age; place of registering.
11-13 Rules for determining residency.
11-14 General county register; restrictions in use.
11-14.5 Residence address; confidentiality.
11-14.6 REPEALED. L 1997, c 157, §3.
11-15 Application to register.
11-15.3 Application to register electronically.
11-15.5 Duties of all state agencies; voter registration.
11-15.7 Automatic registration.
11-16 Application when not made in person.
11-17 Removal of names from register, when; reregistration.
11-18 Transfer of registration on removal from one precinct to another in same county.
11-19 Registration from one county to another.
11-20 Transfers; name changes; initiated by clerk.
11-21 Change of name, transfer on election day.
11-22 Changing register; correction of errors.
11-23 Changing register; striking names of disqualified voters.
11-25 Challenge by voters; grounds; procedure.
11-26 Appeal from ruling on challenge; or failure of clerk to act.
11-41 Boards of registration, appointment, tenure.
11-52 Hearing; decision final.
11-53 Decision, notice; action on.
11-61 "Political party" defined.
11-62 Qualification of political parties; petition.
11-63 Party rules, amendments to be filed.
11-64 Names of party officers to be filed.
11-65 Determination of party disqualification; notice of disqualification.
11-77 Appointment of watchers; service.
11-92.3 Natural disasters; postponement; consolidation of precincts; special elections.
11-92.5 Minimum number of precincts.
11-96 Records prima facie evidence.
11-97 Records open to inspection.
11-98 Forms and materials used in elections.
11-99 Members of Congress, applicability of election laws.
11-101 Elections eligible to be conducted by mail.
11-102 Procedures for conducting elections by mail.
11-103 Public notice of mailing.
11-104 Ballot instructions; ballot return.
11-106 Deficient return identification envelopes.
11-107 Electronic transmission under certain circumstances.
11-109 Voter service centers; places of deposit.
11-110 Election expenses and responsibilities for elections by mail.
11-111 Official and facsimile ballots.
11-114 Order of offices on ballot.
11-115 Arrangement of names on the ballot.
11-116 Checking ballot form by candidates and parties.
11-117 Withdrawal of candidates; disqualification; death; notice.
11-118 Vacancies; new candidates; insertion of names on ballots.
11-118.5 Constitutional amendments, proposed; attorney general statement.
11-131 Voter service center hours.
11-132 Two hundred foot radius.
11-137 Secrecy; removal or exhibition of ballot.
11-153 More or fewer ballots than recorded.
11-154 Records, etc.; disposition.
11-155 Certification of results of election.
11-156 Certificate of election and certificate of results, form.
11-158 Mandatory recount of votes.
11-171 Applicability of this part.
11-172 Contests for cause; generally.
11-175 Powers of supreme court; costs.
11-182 Election expenses when no county elections.
11-183 Election expenses when no state elections.
11-191 to 11-213 OLD REPEALED. § §11-191 to 11-225 REPEALED.
11-311 Campaign spending commission established; composition.
11-314 Duties of the commission.
11-316 Political activities prohibited.
11-321 Registration of candidate committee or noncandidate committee.
11-322 Organizational report, candidate committee.
11-323 Organizational report, noncandidate committee.
11-325 When an individual may not serve as a committee officer.
11-326 Termination of candidate committee's or noncandidate committee's registration.
11-327 Ballot issue committee; contributions and expenditures.
11-331 Filing of reports, generally.
11-333 Candidate committee reports.
11-334 Time for candidate committee to file preliminary, final, and supplemental reports.
11-335 Noncandidate committee reports.
11-336 Time for noncandidate committee to file preliminary, final, and supplemental reports.
11-337 Reporting expenditures.
11-338 Late contributions; late expenditures; report.
11-340 Failure to file report; filing a substantially defective or deficient report.
11-341 Electioneering communications; statement of information.
11-342 Fundraiser; notice of intent.
11-344 Sale or use of information.
11-351 Contributions, generally.
11-352 False name contributions prohibited.
11-353 Anonymous contributions prohibited.
11-354 Fundraising on state or county property prohibited.
11-355 Contributions by state and county contractors prohibited.
11-356 Contributions by foreign national or foreign corporation prohibited.
11-357 Contributions to candidate committees; limits.
11-358 Contributions to noncandidate committees; limits.
11-360 Contributions to a party.
11-361 Aggregation of contributions and expenditures.
11-362 Contributions limited from nonresident persons.
11-363 Other contributions and expenditures.
11-364 Excess contribution; return; escheat.
11-371 Loan to candidate committee.
11-372 Reporting loan; written loan agreement.
11-373 Noncandidate committee loan prohibited.
11-381 Campaign funds only used for certain purposes.
11-382 Prohibited uses of campaign funds.
11-384 Disposition of campaign funds; termination of registration.
11-403 Notice of complaint; opportunity to explain or respond to complaint.
11-404 Initial determination by the commission.
11-405 Preliminary determination regarding probable cause.
11-406 Waiver of further proceedings.
11-407 Contested case hearing.
11-409 Final determination of violation; order.
11-410 Administrative fines; relief.
11-421 Hawaii election campaign fund; creation.
11-423 Voluntary expenditure limits; filing affidavit.
11-425 Maximum amount of public funds available to candidate.
11-426 Candidate exceeds voluntary expenditure limit.
11-427 Reserving use of contributions.
11-428 Eligibility requirements for public funds.
11-429 Minimum qualifying contribution amounts; qualifying contribution statement.
11-430 Application for public funds.
11-433 Post-election report required.
11-434 Post-election examination and audit; return of funds.