Bill Text: HI SB1352 | 2013 | Regular Session | Introduced

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Bill Title: Campaign Spending Commission; Partial Public Financing ($)

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-01-28 - Referred to JDL, WAM. [SB1352 Detail]

Download: Hawaii-2013-SB1352-Introduced.html

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THE SENATE	S.B. NO.	1352
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to campaign spending.

 

 

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

 

     SECTION 1.  Chapter 11, Hawaii Revised Statutes, is amended by adding two new sections to subpart J of part XIII to be appropriately designated and to read as follows:

     "§11-A  Applicability.  This subpart shall not apply to elections for the office of governor or lieutenant governor.

     §11-B  Certification of qualification for public funds; state senator; state representative.  (a)  Candidates for the office of state senator or state representative seeking certification for partial public financing under this subpart shall submit to the commission an application for certification that contains at least two hundred printed names with addresses and signatures, and qualifying contributions for the district for which the candidate seeks office from registered voters in the district for which the candidate seeks office no later than thirty days prior to the primary election, signed by the candidate and the candidate's campaign treasurer under penalty of perjury.

     The application shall contain any information deemed necessary and appropriate by the commission.  The clerk for the county that includes the district from which election is sought shall verify that at least two hundred signatures and qualifying contributions were received from registered voters in the district for which the candidate seeks office, that the candidate resides in the district from which election is sought as of the date of the filing of nomination papers, and that the candidate is a registered voter in the district from which election is sought.

     (b)  The commission shall issue a decision to certify or deny certification of a candidate as a partial publicly funded candidate within ten business days following receipt of the candidate's completed application for certification for the receipt of public funds, including the required verification of information by the clerk for the county that contains the district from which election is sought as prescribed in subsection (a).

     (c)  After a candidate is certified, the candidate's certification shall apply to both the primary and the general elections.

     (d)  Initial certification by the commission under subsection (b) and all determinations by the commission under this section are final and conclusive, except to the extent they are subject to examination and audit by the commission under section 11-434.

     (e)  For the purposes of this section, a "qualifying contribution" means a $5 monetary contribution made in the form of a check or a money order payable to the Hawaii election campaign fund for purposes of meeting the criteria of this section."

     SECTION 2.  Section 11-423, Hawaii Revised Statutes, is amended to read as follows:

     "§11-423  Voluntary expenditure limits; filing affidavit.  (a)  Any candidate may voluntarily agree to limit the candidate's expenditures and those of the candidate's candidate committee or committees and the candidate's party on the candidate's behalf by filing an affidavit with the campaign spending commission.

     (b)  The affidavit shall state that the candidate knows the voluntary campaign expenditure limitations as set out in this part and that the candidate is voluntarily agreeing to limit the candidate's expenditures and those made on the candidate's behalf by the amount set by law.  The affidavit shall be subscribed to by the candidate and notarized.

     (c)  The affidavit shall remain effective until the termination of the candidate committee or the opening of filing of nomination papers for the next succeeding election, whichever occurs first.  An affidavit filed under this section may not be rescinded.

     (d)  [From] Except as provided in subsection (e) for candidates for the office of state senator or candidates for the office of state representative, from January 1 of the year of any primary, special, or general election, the aggregate expenditures for each election by a candidate who voluntarily agrees to limit campaign expenditures, inclusive of all expenditures made or authorized by the candidate alone, all treasurers, the candidate committee, and noncandidate committees on the candidate's behalf, shall not exceed the following amounts expressed, respectively multiplied by the number of voters in the last preceding general election registered to vote in each respective voting district:

    [(1)  For the office of governor — $2.50;

     (2)  For the office of lieutenant governor — $1.40;

     (3)] (1)  For the office of mayor — $2.00;

    [(4)] (2)  For the offices of state senator, state representative, and county council member — $1.40; and

    [(5)] (3)  For all other offices — 20 cents.

     (e)  Candidates for the office of state senator or state representative may raise amounts in excess of the voluntary expenditure limits; provided that:

     (1)  For the office of state senator, the contributions shall not exceed $200 per person from registered voters who both reside within the senatorial district for which the office of state senator is being sought and shall not be the persons who gave the initial qualifying contributions under section 11-B(a);

     (2)  For the office of state representative, the contributions shall not exceed $100 per person from registered voters who both reside within the representative district for which the office of state representative is being sought and shall not be the persons who gave the initial qualifying contributions under section 11-B(a); and

     (3)  The clerk for the county that contains the district from which election is sought shall verify that:

         (A)  The amount of each contribution is not more than:

              (i)  $200 for election to the office of state senator; or

             (ii)  $100 for election to the office of state representative;

         (B)  The contributions were received from persons who are registered voters in the district for which the candidate seeks office; and

         (C)  The persons are not the registered voters who gave the initial qualifying contributions under section 11-B(a)."

     SECTION 3.  Section 11-425, Hawaii Revised Statutes, is amended to read as follows:

     "§11-425  Maximum amount of public funds available to candidate.  (a)  The maximum amount of public funds available in each election to a candidate for the office of [governor, lieutenant governor, or] mayor shall not exceed ten per cent of the expenditure limit established in section 11-423(d) for each election.

     (b)  The maximum amount of public funds available in each election to a candidate for the office of [state senator, state representative,] county council member[, and] or prosecuting attorney shall not exceed fifteen per cent of the expenditure limit established in section 11-423(d) for each election.

     (c)  The maximum amount of public funds available in each election per candidate for the office of state senator shall not exceed the following:

     (1)  The total amount of expenditures of winners statewide for the office of state senator in the previous election cycle, less the sum of the expenditures of the three winners statewide for the office of state senator with the highest amounts of expenditures and the expenditures of the three winners statewide for the office of state senator with the lowest amounts of expenditures in the respective election in the previous election cycle, divided into;

     (2)  The total number of persons who won statewide for the office of state senator in the respective election in the previous election cycle, less six persons.

     (d)  The maximum amount of public funds available in each election to a candidate for the office of state representative shall not exceed the following:

     (1)  The total amount of expenditures of winners statewide for the office of state representative in the previous election cycle, less the sum of the expenditures of the three winners statewide for the office of state representative with the highest amounts of expenditures and the expenditures of the three winners statewide for the office of state representative with the lowest amounts of expenditures in the respective election in the previous election cycle, divided into;

     (2)  The total number of persons who won statewide for the office of state representative in the respective election in the previous election cycle, less six persons.

     [(c)] (e)  For the office of Hawaiian affairs, the maximum amount of public funds available to a candidate shall not exceed $1,500 in any election year.

     [(d)] (f)  For all other offices, the maximum amount of public funds available to a candidate shall not exceed $100 in any election year.

     [(e)] (g)  Each candidate who qualified for the maximum amount of public funding in any primary election and who is a candidate for a subsequent general election shall apply with the commission to be qualified to receive the maximum amount of public funds as provided in this section for the respective general election.  For purposes of this section, "qualified" means meeting the qualifying campaign contribution requirements of section 11-429.

     (h)  Notwithstanding subsection (c), a candidate for the office of state senator may receive a supplemental amount of public funds in the ratio of $3 in public funds for every $1 raised by the candidate in excess of the voluntary expenditure limits set forth in section 11-423; provided and to the extent that the amounts raised in excess of the voluntary expenditure limits meet the requirements of section 11-423(e).

     (i)  Notwithstanding subsection (d), a candidate for the office of state representative may receive a supplemental amount of public funds in the ratio of $3 in public funds for every $1 raised by the candidate in excess of the voluntary expenditure limits set forth in section 11-423; provided and to the extent that the amounts raised in excess of the voluntary expenditure limits meet the requirements of section 11-423(e)."

     SECTION 4.  Section 11-426, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§11-426[]]  Candidate exceeds voluntary expenditure limit.  [A] Except as permitted under section 11-423(e), a candidate who files the affidavit agreeing to limit expenditures and who exceeds the expenditure limit for that election shall:

     (1)  Notify all opponents, the chief election officer, and the commission by telephone and writing on the day the expenditure limit is exceeded;

     (2)  Pay the balance of the full filing fee; and

     (3)  Provide reasonable notice to all contributors within thirty days of exceeding the limit that the expenditure limit was exceeded and contributions to the candidate no longer qualify for a state income tax deduction."

     SECTION 5.  Section 11-427, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§11-427[]]  Reserving use of contributions.  A candidate who files the affidavit voluntarily agreeing to limit expenditures and who receives contributions that in aggregate exceed the expenditure limit for an election [shall] may reserve use of any contributions that exceed the limit until after the applicable election."

     SECTION 6.  Section 11-428, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§11-428[]]  Eligibility requirements for public funds.  In order to be eligible to receive public funds for an election, a candidate shall certify that the candidate will meet all the following requirements:

     (1)  The candidate and any candidate committee authorized by the candidate shall not incur campaign expenses in excess of the expenditure limitations imposed by section 11-423;

     (2)  The candidate has qualified to be on the election ballot in a primary or general election;

     (3)  The candidate has filed a statement of intent to seek qualifying contributions.  A contribution received before the filing of a statement of intent to seek public funds shall not be considered a qualifying contribution;

     (4)  The candidate or candidate committee authorized by the candidate has received the minimum qualifying contribution amounts for the office sought by the candidate as set forth in section 11-429;

     (5)  The aggregate of contributions certified with respect to any person under paragraph (4) does not exceed $100[;], except for the office of state senator as provided under section 11-423(e);

     (6)  The candidate agrees to obtain and furnish any evidence relating to expenditures that the commission may request;

     (7)  The candidate agrees to keep and furnish records, books, and other information that the commission may request;

     (8)  The candidate agrees to an audit and examination by the commission pursuant to section 11-434 and to pay any amounts required to be paid pursuant to that section; [and]

     (9)  Each candidate and candidate committee in receipt of qualifying contributions that may be taken into account for purposes of public funding shall maintain, on a form prescribed by the commission, records that show the date and amount of each qualifying contribution and the full name and mailing address of the person making the contribution.  The candidate and the candidate committee authorized by the candidate shall transmit to the commission all reports with respect to these contributions that the commission may require[.]; and

    (10)  A candidate for the office of state senator or state representative shall also meet the certification requirements under section 11-B."

     SECTION 7.  Section 11-429, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  As a condition of receiving public funds for a primary or general election, a candidate shall not be unopposed in any election for which public funds are sought, shall have filed an affidavit with the commission pursuant to section 11-423 to voluntarily limit the candidate's campaign expenditures, and shall be in receipt of the following sum of qualifying contributions from individual residents of Hawaii:

    [(1)  For the office of governor — qualifying contributions that in the aggregate exceed $100,000;

     (2)  For the office of lieutenant governor — qualifying contributions that in the aggregate exceed $50,000;

     (3)] (1)  For the office of mayor for each respective county:

         (A)  County of Honolulu — qualifying contributions that in the aggregate exceed $50,000;

         (B)  County of Hawaii — qualifying contributions that in the aggregate exceed $15,000;

         (C)  County of Maui — qualifying contributions that in the aggregate exceed $10,000; and

         (D)  County of Kauai — qualifying contributions that in the aggregate exceed $5,000;

    [(4)] (2)  For the office of prosecuting attorney for each respective county:

         (A)  County of Honolulu — qualifying contributions that in the aggregate exceed $30,000;

         (B)  County of Hawaii — qualifying contributions that in the aggregate exceed $10,000; and

         (C)  County of Kauai — qualifying contributions that in the aggregate exceed $5,000;

    [(5)] (3)  For the office of county council — for each respective county:

         (A)  County of Honolulu — qualifying contributions that in the aggregate exceed $5,000;

         (B)  County of Hawaii — qualifying contributions that in the aggregate exceed $1,500;

         (C)  County of Maui — qualifying contributions that in the aggregate exceed $5,000; and

         (D)  County of Kauai — qualifying contributions that in the aggregate exceed $3,000;

    [(6)] (4)  For the office of state senator — qualifying contributions that, in the aggregate exceed $2,500;

    [(7)] (5)  For the office of state representative — qualifying contributions that, in the aggregate, exceed $1,500;

    [(8)] (6)  For the office of Hawaiian affairs — qualifying contributions that, in the aggregate, exceed $1,500; and

    [(9)] (7)  For all other offices, qualifying contributions that, in the aggregate, exceed $500."

     SECTION 8.  Section 11-431, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Upon the commission's approval of the application and statement of qualifying contributions, the commission shall direct the comptroller to distribute matching public funds up to the maximum amount of public funds allowed by section 11-425[.] by check or by an automatic transfer of funds.  Public funds shall be distributed to the candidate within twenty days from the date that the candidate's initial application and qualifying contribution statement is approved by the commission."

     SECTION 9.  The campaign spending commission shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature not later than twenty days prior to the convening of the regular session of 2014 on further statutory amendments to facilitate the implementation of this Act.

     SECTION 10.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 for deposit into the Hawaii election campaign fund under section 11-421, Hawaii Revised Statutes.

     SECTION 11.  There is appropriated out of the Hawaii election campaign fund under section 11-421, Hawaii Revised Statutes, the sum of $           or so much thereof as may be necessary for fiscal year 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 in preparing for the partial public funding of candidates in the election of 2014, including staff resources.

     The sums appropriated shall be expended by the campaign spending commission for the purposes of this Act.

     SECTION 12.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 13.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 14.  This Act shall take effect on July 1, 2013.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Campaign Spending Commission; Partial Public Financing

 

Description:

Exempts the offices of governor and lieutenant governor from the scope of the partial public financing law.  Changes the law on qualifying contributions, voluntary expenditure limits, and maximum amount of available public funds for candidates for the office of state senator or state representative.  Requires the campaign spending commission to submit a report on further statutory amendments to facilitate the implementation of this Act.  Appropriates funds to the campaign spending commission to prepare for the partial public financing of elections in 2014.

 

 

 

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