Bill Text: HI SB3170 | 2020 | Regular Session | Introduced

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Bill Title: Relating To Election Campaigns.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-27 - Referred to JDC. [SB3170 Detail]

Download: Hawaii-2020-SB3170-Introduced.html

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THE SENATE	S.B. NO.	3170
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to election campaigns.

 

 

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

 

PART I

     SECTION 1.  The legislature finds that a healthy and dynamic democracy is one with a fair election process that encourages a high caliber of civic dialogue and participation among candidates.  Providing an opportunity to allow candidates and noncandidate committees to voluntarily agree to a code of fair campaign practices would preserve the basic principles of decency, honesty, and fair play are observed during campaigns.

     The purpose of this part is to adopt the code of fair campaign practices that had been in effect for over twenty years to allow candidates and noncandidates to agree to conduct their campaigns consistent with the code.

     SECTION 2.  Chapter 11, Hawaii Revised Statutes, is amended by adding a new subpart to part XIII to be appropriately designated and to read as follows:

"   .  Fair Campaign Practices

     §11-A  Purpose.  The purpose of this subpart is to allow the opportunity for a candidate or noncandidate committee to conduct their campaigns consistent with a code of fair campaign practices to preserve basic principles of decency, honesty, and fair play.  A code of fair campaign practices allows citizens to exercise their constitutional right to vote that is free from dishonest and unethical practices.

     §11-B  Code of fair campaign practices.  Any registered candidate or noncandidate committee may sign and pledge to conduct their campaigns consistent with the code of fair campaign practices.  The code shall read as follows:

"CODE OF FAIR CAMPAIGN PRACTICES

There are basic principles of decency, honesty, and fair play that every candidate and noncandidate committee in the State of Hawaii has a moral obligation to observe and uphold in order that, after vigorously contested but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and informed choice that expresses their will.

 

THEREFORE:

     (1)  I SHALL CONDUCT my campaign openly and publicly, discussing the issues as I see them, presenting my record and policies with sincerity and frankness, and criticizing without fear and without malice the record and policies of my opponents and their political parties that merit such criticism.

     (2)  I SHALL NOT USE campaign material relating to any candidate's election which misrepresents, distorts, or otherwise falsifies the facts regarding the candidate.

     (3)  I SHALL REFRAIN from the use of personal vilification, character defamation, or any other form of scurrilous personal attacks on any candidate or the candidate's family.

     (4)  I SHALL CONDEMN any dishonest or unethical practice that tends to corrupt or undermine our American system of free elections or that hampers or prevents the full and free expression of the will of the voters.

     (5)  I SHALL CONDEMN any appeal to prejudice based on race, sex, sexual orientation, religion, national origin, or age.

     (6)  I SHALL NOT COERCE election help or campaign contributions for myself or for any other candidate from my employees or my subordinates.

     (7)  I SHALL ACCEPT full responsibility for the conduct of those persons working directly in my campaign and shall pledge immediate action against retaining any person who violates any provision of this Code or the laws governing elections.

     (8)  I SHALL NOT ORIGINATE or spread any malicious or unfounded accusations against any candidate that are aimed at creating or exploiting doubts on the part of the public as to the candidate's loyalty and patriotism.

     (9)  I SHALL IMMEDIATELY AND PUBLICLY repudiate support deriving from any individual or group, acting on behalf of my candidacy, who resorts to the methods and tactics contrary to the Code of Fair Campaign Practices.

 

I, the undersigned, candidate for election to public office in the State of Hawaii or chairperson of a noncandidate committee, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the above principles and practices."

PART II

     SECTION 3.  The purpose of this part is to allow for a candidate that obtains the minimum qualifying contribution amount for public funding be eligible to receive payments of $3 for each $1 of qualifying contributions under $10 in excess of minimum qualifying contributions amounts.

     SECTION 4.  Section 11-429, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  A candidate shall obtain the minimum qualifying contribution amount set forth in subsection (a) once for the election period.

     (1)  If the candidate obtains the minimum qualifying contribution amount, the candidate is eligible to receive:

          (A)  The minimum payment in an amount equal to the minimum qualifying contribution amounts; [and]

          (B)  Payments of $1 for each $1 of qualifying contributions in excess of the minimum qualifying contribution amounts; and

          (C)  Payments of $3 for each $1 of qualifying contributions under $10 of all qualifying contribution amounts; and

     (2)  A candidate shall have at least one other qualified candidate as an opponent for the primary or general election to receive public funds for that election."

PART III

     SECTION 5.  The legislature finds that public campaign financing aims to ensure that no particular donor has an outsized influence on the outcome of any election and increased public financing would substantially improve our system of conducting a campaign.  However, public financing remains the least-used source of funds, partly due to the fact that the amount of public funds held by the campaign spending commission for this purpose is limited.  The campaign spending commission reports that the Hawaii election campaign fund balance is approximately $1,100,000, and receipts for participating candidates average about $300,000 for each election cycle.  The program is primarily funded through a tax return checkoff whereby citizens choose whether they want to contribute $3 from their tax burden to the Hawaii election campaign fund.

     Candidates who opt not to use public funds can solicit contributions from individuals, political action committees, unions, parties, and corporations, without having to abide by state expenditure limits.  In 2018, eighteen independent expenditure committees, also known as "Super PACs", collected $7,042,518.89 and spent $4,961,628.18.  In contrast, the campaign spending commission in 2018 disbursed $105,966.88 to eighteen candidates, eight of whom were successful.

     The legislature further finds that given the dominance of independent expenditure committees in election financing, it is appropriate for some to contribute to the partial public financing.

     The purpose of this part is to establish a public participation fee to be paid by noncandidate committees that only make independent expenditures and to direct those funds to the partial public financing program.

     SECTION 6.  Chapter 11, Hawaii Revised Statutes, is amended by adding a new subpart to part XIII to be appropriately designated and to read as follows:

"   .  Public Participation Fee

     §11-C  Public participation fee.  (a)  A noncandidate committee that only makes independent expenditures for the election or defeat of a clearly identified candidate not made in concert or cooperation with or at the request or suggestion of a candidate, candidate committee, a party, or their agents shall pay a public participation fee equal to 0.05 per cent of its aggregate contributions during each two-year election cycle.

     (b)  The public participation fee shall be deposited into the Hawaii election campaign fund to be used for matching funds allocated to candidates who participate in partial public financing pursuant to section 11-429(b)(1)(C).

     (c)  The campaign finance commission shall set the timetable for payment of the public participation fee."

PART IV

     SECTION 7.  The legislature finds that in 1995, major reforms were made to the campaign spending law bringing about significant and comprehensive reforms for fair elections processes.  The reforms required candidates to abide by spending limits by making public funding more attractive to qualified candidates and leveled the playing field for newcomers to the political process, while still permitting them, as well as the incumbents, to raise the funds necessary to get their message across to the public.

     The legislature further finds that since 1995, the expenditure limit amounts have not been changed, although costs incurred by campaigning continue to rise.  Increasing the amounts will allow candidates who voluntarily agree to limit campaign expenditures a more competitive playing field.

     The purpose of this part is to increase spending limits by ten per cent for candidates that voluntarily agree to limit campaign expenditures.

     SECTION 8.  Section 11-423, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  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;] $2.75;

     (2)  For the office of lieutenant governor—[$1.40;] $1.54;

     (3)  For the office of mayor—[$2.00;] $2.20;

     (4)  For the offices of state senator, state representative, county council member, and prosecuting attorney—[$1.40;] $1.54; and

     (5)  For all other offices—[20] 22 cents."

PART V

     SECTION 9.  In codifying the new sections added by sections 2 and 6 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 10.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 11.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Election Campaigns; Code of Fair Campaign Practices; Public Participation Fee; Spending Limits

 

Description:

PART I:  Adopts the code of fair campaign practices to allow candidates and noncandidates to agree to conduct their campaigns consistent with the code.  PART II:  Allows for a candidate that obtains the minimum qualifying contribution amount for public funding be eligible to receive payments of $3 for each $1 of qualifying contributions under $10 in excess of minimum qualifying contributions amounts.  PART III:  Establishes a public participation fee to be paid by noncandidate committees that only make independent expenditures and directs those funds to the partial public financing program.  PART IV:  Increases spending limits by ten per cent for candidates that voluntarily agree to limit campaign expenditures.

 

 

 

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