Bill Text: HI SB2918 | 2010 | Regular Session | Introduced
Bill Title: Elections; Campaign Contributions; Expenditures
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-29 - (S) Referred to JGO. [SB2918 Detail]
Download: Hawaii-2010-SB2918-Introduced.html
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THE SENATE |
S.B. NO. |
2918 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to ELECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that recent decisions of the United States Supreme Court and the Hawaii intermediate court of appeals have granted corporations an increased ability to influence elections through campaign expenditures and contributions. In Citizens United v. Federal Election Commission, No. 08-205 (2010), the United States Supreme Court ruled that the government may not ban corporations from supporting candidates through independent political campaign communications. In Charmaine Tavares Campaign v. Wong, 121 H. 249 (2009), the Hawaii intermediate court of appeals found that state law does not require corporations to make candidate contributions through a noncandidate committee, nor require reporting of their contributions to candidates. Accordingly, the legislature also finds that these court decisions allow the State to limit corporate contributions to the corporation's own noncandidate committee.
The legislature further finds that Hawaii campaign laws allow corporations to expend unlimited funds from their
corporate treasuries, without any report requirement, to influence elections, so long as the expenditures are not coordinated with candidates or other noncandidate committees seeking to influence ballot questions. The legislature believes that such expenditures should be reported by corporations, and further believes that direct contributions to candidates or noncandidate committees should be limited in order to ensure fair elections and maintain public trust.
The purpose of this Act is to prohibit corporations from making contributions directly to candidates or noncandidate committees, except through a noncandidate committee it forms pursuant to chapter 11, Hawaii Revised Statutes, and to require individuals who contribute at least $1,000 in an election period to register as noncandidate committees. The Act also places a $1,000 limit on the amount of treasury funds that a corporation may contribute to its noncandidate committee, except that this limit does not apply to a corporation that forms a noncandidate committee solely for the purpose of making independent expenditures.
SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§11-A Campaign contributions; noncandidate committees. Every person shall be prohibited from making contributions to candidates or noncandidate committees unless the person is registered as a noncandidate committee. For purposes of this section, "person" does not include an individual.
§11-B Campaign contributions by individuals; registration as noncandidate committees. An individual who makes a contribution or expenditure in an aggregate amount of $1,000 or more in an election period to influence the nomination for election, the election of any candidate to political office, or for or against any issue on the ballot, shall register as a noncandidate committee."
SECTION 3. Section 11-204, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) No person or any other entity shall
make contributions to a noncandidate committee, in an aggregate amount greater
than $1,000 in an election[.]; except that in the case of a person
other than an individual using funds from its treasury, there shall be a $1,000
limit on contributions or expenditures to a noncandidate committee of a person
other than an individual that may contribute to a candidate; provided that the
person other than an individual that forms a noncandidate committee for the
sole purpose of making independent expenditures shall not have a limit on
contributions or expenditures to such a noncandidate committee."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Elections; Campaign Contributions; Expenditures
Description:
Prohibits persons other than individuals from making contributions directly to candidates or noncandidate committees, except through noncandidate committees. Requires individuals who make contributions or expenditures in an aggregate amount of $1,000 or more during an election period to register as a noncandidate committee. Prohibits persons other than an individual from using treasury funds to make more than $1,000 in contributions or expenditures to a noncandidate committee of a person other than an individual that may contribute to a candidate. Exempts from the prohibition persons other than individuals when noncandidate committees are formed for the sole purpose of making independent expenditures.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
