STAND. COM. REP. NO. 685

Honolulu, Hawaii

RE: S.B. No. 1212

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1212 entitled:

"A BILL FOR AN ACT RELATING TO CAMPAIGN FINANCE,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Prohibit the practice known as "redboxing", by prohibiting any campaign website for any candidate or candidate committee from containing information or manipulating content in any manner that is intended or designed to induce a noncandidate committee to use that content to make expenditures supporting the candidate or candidate committee in a manner suggested by the candidate or candidate committee; and

(2) Require the Campaign Spending Commission to adopt rules.

Your Committee received testimony in support of this measure from three individuals. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Campaign Spending Commission.

Your Committee finds that some candidates for elected office design their websites in a manner that is intended to solicit noncandidate committees, especially super political action committees, to publish or produce political advertisements and other materials that benefit those candidates. This campaign tactic, commonly known as "redboxing", is intended to circumvent campaign finance laws that strictly prohibit candidates from coordinating with noncandidate committee political campaign efforts. This measure will help promote transparency and accountability in the State's campaign spending laws.

Your Committee has amended this measure by:

(1) Changing the intent requirement to a reasonable person standard;

(2) Inserting an effective date of March 22, 2075, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1212, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1212, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

________________________________

KARL RHOADS, Chair