Report Title:
Elections; Enforcement by Campaign Spending Commission
Description:
Allows the campaign spending commission to enforce elections violations that pertain to spending campaign funds.
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THE SENATE |
S.B. NO. |
2924 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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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 events surrounding the special election for the Honolulu city council where absentee ballot request forms contained what is essentially campaign material, raised questions about penalties for violations of the campaign and election laws.
The legislature further finds that while the chief election officer is responsible for voter education, and the administration of elections including registration of voters and activities at the polling booth on election day, the campaign spending commission is set up to among other things, investigate, audit, and hold hearings to receive evidence, of violations of certain election laws.
The purpose of this Act is to direct the campaign spending commission to use its existing powers and duties to refer complaints to the attorney general and county prosecutors for candidate violations of election rules pertaining to improper use of candidate funds in an election or for electioneering activities such as leafletting even though these election activities are administered by the chief election officer. The legislature finds that campaign funds are spent in these election activities and the chief election officer is not equipped to investigate violations and assign penalties or violations of the State's election laws. For these reasons, it is appropriate to make the campaign spending commission the enforcement arm for Hawaii's election laws.
SECTION 2. Section 11-2, Hawaii Revised Statutes, is amended to read as follows:
"§11-2 Chief election officer; duties. (a) The chief election officer shall supervise all state elections. The chief election officer may delegate responsibilities in state elections within a county to the clerk of that county or to other specified persons.
(b) The chief election officer shall be responsible for the maximization of registration of eligible electors throughout the State. In maximizing registration, the chief election officer shall make an effort to equalize registration between districts, with particular effort in those districts in which the chief election officer determines registration is lower than desirable. The chief election officer, in carrying out this function, may make surveys, carry on house-to-house canvassing, and assist or direct the clerk in any other area of registration.
(c) The chief election officer shall maintain data concerning registered voters, elections, apportionment, and districting. The chief election officer shall use this data to assist the reapportionment commission provided for under Article IV of the Constitution.
(d) The chief election officer shall be responsible for public education with respect to voter materials, including the publication and dissemination of voting materials in the language of a language minority group as required by the Voting Rights Language Assistance Act of 1992, P.L. 102-344.
(e) Upon the certification of any bill that sets forth a question for vote by the electorate, the chief election officer shall coordinate the preparation of appropriate voter education materials with the legislative reference bureau. The legislative reference bureau shall be responsible for the interpretation of the bill and shall submit to the chief election officer, not later than ninety days prior to the general election, the following items in final form:
(1) A summary, factsheet, and digest of the proposed constitutional amendment, which includes the purpose and intent of the proposed constitutional amendment, and ramifications of the proposed constitutional amendment if ratified by the electorate; and
(2) Arguments for and against ratification of the proposed constitutional amendment.
(f) The chief election officer shall adopt rules governing elections in accordance with chapter 91.
(g) The chief election officer shall assist the campaign spending commission in its efforts to investigate violations of any election laws or rules.
SECTION 3. Section 11-193, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The duties of the commission under this subpart are:
(1) To develop and adopt reporting forms required by this subpart;
(2) To adopt and publish a manual for all candidates and committees, describing the requirements of this subpart, including uniform and simple methods of recordkeeping;
(3) To preserve all reports required by this subpart for at least ten years from the date of receipt;
(4) To permit the inspection, copying, or duplicating of any report required by this subpart pursuant to rules adopted by the commission; provided that no information or copies from the reports shall be sold or used by any person for the purpose of soliciting contributions or for any commercial purpose;
(5) To ascertain whether any candidate, committee, or party has failed to file a report required by this subpart or has filed a substantially defective or deficient report, and to notify these persons by first class mail that their failure to file or filing of a substantially defective or deficient report must be corrected and explained. The correction or explanation shall be submitted in writing to the commission not later than 4:30 p.m. on the fifth day after notification of the failure to file or deficiency has been mailed to these persons. The commission shall publish in the newspaper, and on its website, the names of all candidates, committees, and parties who have failed to file a report or to correct their deficiency within the time allowed by the commission. Failure to file or correct a report when due, as required by this subpart, shall result in a penalty of $50. Failure to respond after a newspaper notification or website publication shall result in an additional penalty of $50 for each day a report remains overdue or uncorrected. All penalties collected under this section shall be deposited in the Hawaii election campaign fund;
(6) To hold public hearings;
(7) To investigate and hold hearings for receiving evidence of any violations[;] including violations of administrative rules adopted pursuant to section 11-2(f);
(8) To adopt a code of fair campaign practices as a part of its rules;
(9) To establish rules pursuant to chapter 91;
(10) To request the initiation of prosecution for the violation of this subpart and for violation of administrative rules adopted pursuant to section 11-2(f) pursuant to section 11-229;
(11) To administer and monitor the distribution of public funds under this subpart;
(12) To suggest accounting methods for candidates, parties, and committees, as the commission may deem advisable, in connection with reports and records required by this subpart;
(13) To employ or contract, without regard to chapters 76 and 77 and section 28-8.3, and, at pleasure, to dismiss persons it finds necessary for the performance of its functions, including a full-time executive director, and to fix their compensation;
(14) To do random audits, field investigations, as necessary;
(15) To file for injunctive relief when indicated;
(16) To censure any candidate who fails to comply with the code of fair campaign practices; and
(17) To render advisory opinions upon the request of any candidate, candidate committee, noncandidate committee, or other person or entity subject to this chapter, as to whether the facts and circumstances of a particular case constitute or will constitute a violation of the campaign spending laws. If no advisory opinion is rendered within ninety days after all information necessary to issue an opinion has been obtained, it shall be deemed that an advisory opinion was rendered and that the facts and circumstances of that particular case do not constitute a violation of the campaign spending laws. The opinion rendered or deemed rendered, until amended or revoked, shall be binding on the commission in any subsequent charges concerning the candidate, candidate committee, noncandidate committee, or other person or entity subject to this chapter, who sought the opinion and acted in reliance on it in good faith, unless material facts were omitted or misstated by the persons in the request for an advisory opinion."
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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