Bill Text: HI HB2247 | 2018 | Regular Session | Amended

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Bill Title: Relating To Campaign Finance.

Spectrum: Moderate Partisan Bill (Democrat 11-2)

Status: (Engrossed - Dead) 2018-05-01 - Recommitted to Conference committee as amended in CD 1 with none voting no and none excused. [HB2247 Detail]

Download: Hawaii-2018-HB2247-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2247
TWENTY-NINTH LEGISLATURE, 2018		H.D. 1
STATE OF HAWAII		S.D. 1
		C.D. 1

A BILL FOR AN ACT

 

 

RELATING TO CAMPAIGN FINANCE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that new forms of communications technology and campaign techniques are now being utilized by third parties to influence the outcome of elections.  These communications using digital means, the Internet, or online social media platforms to reach voters are not subject to the same legal standard of transparency that is used to ensure fair elections regarding traditional forms of campaigning.  The legislature further finds that the growing ubiquity of these forms of media and their reach compounds the need to address their influence on our election process.  Common-sense steps must be taken to ensure transparency in elections and confidence in the democratic process.

     The purpose of this Act is to clarify that campaign advertisements broadcast, televised, circulated, published, distributed, or otherwise communicated by electronic or digital means are subject to campaign finance disclosure requirements.

     SECTION 2.  Section 11-341, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

    "(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 $2,000 in the aggregate for electioneering communications, and the date of any subsequent expenditures by that person 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 or digital means; or sent by mail at a bulk rate, and that:

     (1)  Refers to a clearly identifiable candidate;

     (2)  Is made, or scheduled to be made, either within thirty days prior to a primary or initial special election or within sixty days prior to 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 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."

     SECTION 3.  Section 11-391, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any advertisement that is broadcast, televised, circulated, published, distributed, or otherwise communicated, including by electronic or digital means, shall:

     (1)  Contain the name and address of the candidate, candidate committee, noncandidate committee, or other person paying for the advertisement;

     (2)  Contain a notice in a prominent location stating either that:

          (A)  The advertisement has the approval and authority of the candidate; provided that an advertisement paid for by a candidate, candidate committee, or ballot issue committee does not need to include the notice; or

          (B)  The advertisement has not been approved by the candidate; and

     (3)  Not contain false information about the time, date, place, or means of voting[.];

provided that a hyperlink to a webpage containing the information required under paragraphs (1) and (2) is allowed for advertisements distributed through electronic or digital means if including the information within the advertisement is impracticable."

     SECTION 4.  Section 11-393, Hawaii Revised Statutes, is amended by amending the title and subsection (a) to read as follows:

     "[[]§11-393[]]  Identification of certain top contributors to noncandidate committees making only independent expenditures.  (a)  An advertisement shall contain an additional notice in a prominent location immediately after or below the notices required by section 11-391, if the advertisement is broadcast, televised, circulated, or published, including by electronic or digital means, and is paid for by a noncandidate committee that certifies to the commission that it makes only independent expenditures.  This additional notice shall start with the words, "The three top contributors for this advertisement are", followed by the names of the three top contributors, as defined in subsection (e), who made the highest aggregate contributions to the noncandidate committee for the purpose of funding the advertisement; provided that:

     (1)  If a noncandidate committee is only able to identify two top contributors who made contributions for the purpose of funding the advertisement, the additional notice shall start with the words, "The two top contributors for this advertisement are", followed by the names of the two top contributors;

     (2)  If a noncandidate committee is able to identify only one top contributor who made contributions for the purpose of funding the advertisement, the additional notice shall start with the words, "The top contributor for this advertisement is", followed by the name of the top contributor;

     (3)  If a noncandidate committee is unable to identify any top contributors who made contributions for the purpose of funding the advertisement, the additional notice shall start with the words, "The three top contributors for this noncandidate committee are", followed by the names of the three top contributors who made the highest aggregate contributions to the noncandidate committee; and

     (4)  If there are no top contributors to the noncandidate committee, the noncandidate committee shall not be subject to this section.

In no case shall a noncandidate committee be required to identify more than three top contributors pursuant to this section."

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2018.

 

 

Report Title:

Elections; Campaign Finance; Advertisements; Internet; Social Media

 

Description:

Clarifies that certain disclosure requirements for campaign advertisements apply to advertisements communicated by electronic or digital means.  (HB2247 CD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.