THE SENATE	S.B. NO.	3070
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

relating to campaign finance.

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

SECTION 1. The legislature finds that, in 1995, major reforms were made to the campaign spending law, bringing about significant and comprehensive reforms for fair election 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 incumbents, to raise the funds necessary to get their messages to the public.

The legislature further finds that the expenditure limit amounts have not changed since 1995, and increasing the amounts will provide a more competitive playing field to candidates who voluntarily agree to limit campaign expenditures.

Accordingly, the purpose of this Act is to:

(1) Increase the maximum amount of public funds available to certain state candidates in each election; and

(2) Increase the amount of voluntary state income tax check-off contributions that may be designated for the Hawaii election campaign fund.

SECTION 2. 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."

SECTION 3. Section 235-102.5, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

"§235-102.5 Income check-off authorized[.]; liability; refund. (a) Any individual whose state income tax liability for any taxable year is [$3] $5 or more may designate [$3] $5 of the liability to be paid over to the Hawaii election campaign fund, any other law to the contrary notwithstanding, when submitting a state income tax return to the department. In the case of a joint return [of a husband and wife] having a state income tax liability of [$6] $10 or more, each spouse may designate that [$3] $5 be paid to the fund. The director of taxation shall revise the individual state income tax form to allow the designation of contributions to the fund on the face of the tax return and immediately above the signature lines. An explanation shall be included which clearly states that the check-off does not constitute an additional tax liability. If no designation was made on the original tax return when filed, a designation may be made by the individual on an amended return filed within twenty months and ten days after the due date for the original return for such taxable year. A designation once made whether by an original or amended return may not be revoked."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval; provided that section 3 shall apply to taxable years beginning after December 31, 2020.

INTRODUCED BY:

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Report Title:

Hawaii Election Campaign Fund; Campaign Finance; Income Tax Check-off; Contributions

Description:

Increases the maximum amount of public funds available to certain state candidates in each election. Increases the amount of voluntary state income tax check-off contributions that may be designated for the Hawaii election campaign fund beginning on 1/1/2021.

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