Bill Text: HI SB336 | 2018 | Regular Session | Amended

Hawaii Senate Bill 336 (Prior Session Legislation)

Bill Title: Relating To Elections.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [SB336 Detail]

Download: Hawaii-2018-SB336-Amended.html

THE SENATE	S.B. NO.	336
TWENTY-NINTH LEGISLATURE, 2017		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ELECTIONS.

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

SECTION 1. Section 11-302, Hawaii Revised Statutes, is amended by amending the definition of "advertisement" to read as follows:

""Advertisement" means any communication, excluding sundry items such as bumper stickers, that:

(1) Identifies a candidate directly or by implication, or identifies an issue or question that will appear on the ballot at the next applicable election; and

(2) Advocates or supports the nomination, opposition, or election of the candidate, or advocates the passage or defeat of the issue or question on the ballot.

"Advertisement" excludes communications of a candidate's name on clothing or other attire not directly associated with that candidate's campaign committee."

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 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[.]; or

(5) That constitute communications of a candidate's name on clothing or other attire directly associated with that candidate's campaign committee."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 7, 2059.

Report Title:

Electioneering Communications; Advertisements

Description:

Excludes from the definitions of "advertisement" and "electioneering communication" the communications of a candidate's name on clothing or other attire not directly associated with that candidate's campaign committee. Takes effect on 1/7/2059. (SD1)

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