§11-191 - Definitions.
B. Election Campaign Contributions and Expenditures
    §§11-191 to 213 [OLD] REPEALED. L 1979, c 224.
    §11-191 Definitions. When used in this subpart:
    "Advertisement" means:
    (1) Any communication, exclusive of bumper stickers or other sundry items, that:
        (A) Identifies a candidate either directly or by direct implication;
        (B) Advocates or supports the nomination for election of the candidate;
        (C) Advocates or supports the election of the candidate; or
        (D) Advocates or supports the candidate's defeat.
    (2) Any communication, exclusive of bumper stickers or other sundry items, that:
        (A) Identifies an issue or question that will appear on the ballot at the next applicable election; or
        (B) Advocates or supports the passage or defeat of the question or issue.
    "Ballot issue committee" means a committee as defined in this section which has the exclusive purpose of making or accepting contributions or expenditures for or against any issue appearing on the ballot at the next applicable election.
    "Campaign treasurer" means a person appointed under section 11-198, and, unless expressly indicated otherwise, includes deputy campaign treasurers.
    "Candidate" means an individual who seeks nomination for election, or seeks election, to office. Until an individual terminates the individual's candidacy with the commission, an individual is a candidate if the individual does any of the following:
    (1) Files nomination papers for an office for oneself with the county clerk's office or with the chief election officer's office, whichever is applicable;
    (2) Receives contributions in an aggregate amount of more than $100 or makes or incurs any expenditures of more than $100 to bring about the individual's nomination for election, or to bring about the individual's election to office;
    (3) Gives consent for any other person to receive contributions or make expenditures to aid the individual's nomination for election, or the individual's election, to office; or
    (4) Is certified to be a candidate by the chief election officer or county clerk.
    "Candidate's committee" means a committee as defined in this section which makes an expenditure or accepts a contribution in behalf of a candidate with the candidate's authorization. A candidate shall have only one authorized candidate's committee.
    "Clearly identified" means the name, photograph or other similar image, or other unambiguous identification of the candidate.
    "Commission" means the campaign spending commission.
    "Commissioner" means any person appointed to the campaign spending commission.
    "Committee" means:
    (1) Any organization, association, or individual that accepts or makes a contribution or makes an expenditure for or against any:
        (A) Candidate;
        (B) Individual who files for nomination at a later date and becomes a candidate; or
        (C) Party;
         with or without the authorization of the candidate, individual, or party. In addition, the term "committee" means any organization, association, or individual who accepts or makes a contribution or makes an expenditure for or against any question or issue appearing on the ballot at the next applicable election; or
    (2) Any organization, association, or individual that raises or holds money or anything of value for a political purpose, with or without the consent or knowledge of any:
        (A) Candidate;
        (B) Individual who files for nomination at a later date and becomes a candidate; or
        (C) Party; and
         subsequently contributes money or anything of value to, or makes expenditures on behalf of, the candidate, individual, or party.
         Notwithstanding any of the foregoing, the term "committee" shall not include any individual making a contribution or expenditure of the individual's own funds or anything of value that the individual originally acquired for the individual's own use and not for the purpose of evading any provision of this subpart, or any organization, which raises or expends funds for the sole purpose of the production and dissemination of informational or educational advertising.
    "Contribution":
    (1) Means:
        (A) A gift, subscription, deposit of money or anything of value, or cancellation of a debt or legal obligation and includes the purchase of tickets to fundraisers for the purpose of:
             (i) Influencing the nomination for election, or election, of any person to office;
            (ii) Influencing the outcome of any question or issue that appears or is reasonably certain to appear on the ballot at the next applicable election described in clause (i); or
           (iii) Use by any party or committee for the purposes set out in clause (i) or (ii);
        (B) The payment, by any person, political party, or any other entity other than a candidate or committee, of compensation for the personal services or services of another person that are rendered to the candidate or committee without charge or at an unreasonably low charge for the purposes set out in subparagraph (A); or
        (C) A contract, promise, or agreement to make a contribution; provided that notwithstanding this subparagraph and subparagraphs (A) and (B), the term "contributions" shall not include services or portions thereof voluntarily provided without reasonable compensation by individuals to or in behalf of a candidate or committee.
         Notwithstanding subparagraphs (A), (B), and (C), a candidate's expenditure of the candidate's own funds or the making of a loan or advance in the pursuit of the candidate's campaign shall not be a contribution for the purpose of this subpart but shall nevertheless be reportable as a campaign receipt;
    (2) Does not include an individual or committee engaging in internet activities for the purpose of influencing an election if:
        (A) The individual or committee is uncompensated for the internet activities; or
        (B) The individual or committee uses equipment or services for uncompensated internet activities, regardless of who owns the equipment and services.
         For purposes of this exclusion, "internet activities" includes sending or forwarding electronic messages; providing a hyperlink or other direct access to another person's website; blogging; creating, maintaining, or hosting a website; paying a nominal fee for the use of another person's website; and any other form of communication distributed over the Internet.
         For purposes of this paragraph, "equipment and services" includes computers, software, internet domain names, internet service providers, and any other technology that is used to provide access to or use of the Internet.
         This paragraph does not apply to any payment for an advertisement other than a nominal fee; the purchase or rental of an e-mail address list made [at] the direction of a committee; or an e-mail address list that is transferred to a committee.
    "Earmarked funds" means contributions received by a committee or party on the condition that the funds be contributed to or expended on certain candidates, issues, or questions.
    "Election" means any election for office or for determining a question or issue provided by law or ordinance.
    "Election period" means the two-year period between general election days if a candidate is seeking nomination or election to a two-year office and the four-year time period between general election days if a candidate is seeking nomination or election to a four-year office.
    "Expenditure":
    (1) Means:
        (A) Any purchase or transfer of money or anything of value, or promise or agreement to purchase or transfer money or anything of value, or payment incurred or made, or the use or consumption of a nonmonetary contribution for the purpose of:
             (i) Influencing the nomination for election, or election, of any person seeking nomination for election, or election, to office whether or not the person has filed the person's nomination paper;
            (ii) Influencing the outcome of any question or issue that has been certified to appear on the ballot at the next applicable election; or
          (iii) Use by any party or committee for the purposes set out in clause (i) or (ii);
        (B) The payment, by any person other than a candidate or committee, of compensation for the personal services of another person that are rendered to the candidate or committee for any of the purposes mentioned in subparagraph (A); or
        (C) The expenditure by a candidate of the candidate's own funds for the purposes set out in subparagraph (A).
         The term does not include volunteer personal services and voter registration efforts that are not partisan.
    (2) Does not include an individual or committee engaging in internet activities for the purpose of influencing an election if:
        (A) The individual or committee is uncompensated for internet activities; or
        (B) The individual or committee uses equipment or services for uncompensated internet activities, regardless of who owns the equipment and services.
         For purposes of this paragraph, "internet activities" includes sending or forwarding electronic messages; providing a hyperlink or other direct access to another person's website; blogging; creating, maintaining, or hosting a website; paying a nominal fee for the use of another person's website; and any other form of communication distributed over the Internet.
         For purposes of this paragraph, "equipment and services" includes computers, software, internet domain names, internet service providers, and any other technology that is used to provide access to or use of the Internet.
         This paragraph does not apply to any payment for an advertisement other than a nominal fee; the purchase or rental of an e-mail address list made at the direction of a committee; or an e-mail address list that is transferred to a committee.
    "House bulletin" means a communication sponsored by any person in the regular course of publication for limited distribution primarily to its employees or members.
    "Immediate family" means a candidate's spouse or reciprocal beneficiary, and any child, parent, grandparent, brother, or sister of the candidate, and the spouses or reciprocal beneficiaries of such persons. For the purposes of this part, "reciprocal beneficiaries" shall have the same meaning as in section 572C-3.
    "Independent expenditure" means an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate and that is not made in concert or cooperation with or at the request or suggestion of the candidate, the candidate's committee, a party, or their agents.
    "Individual" means a natural person.
    "Loan" means an advance of money, goods, or services, with a promise to repay in full or in part within a specified period of time. A "loan" does not include expenditures made on behalf of a committee by a candidate, volunteer, or employee if:
    (1) A candidate, volunteer, or employee's aggregate expenditures do not exceed $1,500 within a thirty day period;
    (2) A dated receipt and a written description of the name and address of each payee and the amount, date, and purpose of each expenditure is provided to the committee before the committee reimburses the candidate, volunteer, or employee; and
    (3) The committee reimburses the candidate, volunteer, or employee within forty-five days of the expenditure being made.
    "Matching payment period" means:
    (1) For a primary election, from January 1 of the year of a general election through the day of the primary election, or nine months prior to a special election through the day of a special election; and
    (2) For a general election, from January 1 of the year of a general election through the day of the general election.
    "Newspaper" means a publication of general distribution in the State issued once or more per month which is written and published in the State.
    "Noncandidate committee" means a committee as defined in this section that has the purpose of making contributions or expenditures to influence the nomination for election, the election of any candidate to political office, or for or against any issue on the ballot, but does not include a candidate's committee.
    "Office" means any elective public or constitutional office excluding county neighborhood board and federal elective offices.
    "Party" means any political party which satisfies the requirements of section 11-61.
    "Person" means an individual, partnership, committee, association, corporation, business entity, organization, or labor union and its auxiliary committees.
    "Political committees established and maintained by a national political party" means:
    (1) The National Committee;
    (2) The House Campaign Committee; and
    (3) The Senate Committee.
    "Private contribution" means a monetary contribution other than from a candidate's own funds or from the Hawaii election campaign fund.
    "Qualifying campaign contribution" means an aggregate monetary contribution of $100 or less, by any person during any matching payment period. Qualifying contributions do not include loans or in-kind contributions.
    "Residual funds" or "surplus funds" means unspent money from contributions held by a candidate or committee after a general or special election and after all campaign expenditures have been paid for the election period.
    "Separate segregated fund" means a noncandidate committee that is established by a state or national bank, a corporation, or a labor organization for the purpose of making contributions or expenditures to influence the nomination for election or the election of any candidate to political office, or for or against any issue on the ballot.
    "Special election" means any election other than a primary or general election.
    "Surplus funds" has the same meaning as "residual funds".
    "Terminate candidacy" means the date on which a candidate has no surplus or deficit and has filed a notice of termination with the campaign spending commission on forms prescribed by the commission. [L 1979, c 224, pt of §2; am L 1980, c 232, §1 and c 246, §1(a); am L 1981, c 102, §1 and c 217, §1; gen ch 1985; am L 1987, c 369, §1(1); am L Sp 1995, c 10, §2(2) and c 27, §§7, 15; am L 1997, c 375, §2; am L 1999, c 64, §1, c 96, §§1, 12, c 141, §3, and c 187, §§1, 2; am L 2005, c 203, §2; am L 2007, c 200, §2; am L 2008, c 11, §2, c 16, §2, and c 244, §24]
Attorney General Opinions
 "Kauaians for Nukolii" is a "committee" for purposes of this section. Att. Gen. Op. 84-2.