HOUSE OF REPRESENTATIVES

H.B. NO.

1845

THIRTY-SECOND LEGISLATURE, 2024

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PARTIAL PUBLIC FINANCING OF ELECTIONS.

 

 

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

 

     SECTION 1.  The legislature finds that it has been two decades since the amount of funds available to candidates in Hawaii's partial public financing program were last amended.

     The purpose of this Act is to:

     (1)  Increase the amount of funds available to candidates who qualify to participate in the partial public financing program, including candidates for the board of trustees of the office of Hawaiian affairs, who run state-wide;

     (2)  Adjust the minimum amount of qualifying contributions certain candidates must receive to participate in the program;

     (3)  Increase matching fund payments from $1 for each $1 of qualifying contributions in excess of the minimum qualifying contribution amounts to $2 for each $1 of excess qualifying contributions; and

     (4)  Appropriate funds from the general revenues of the State to increase the amount of funds available in the partial public financing program and to permit the campaign spending commission to hire more staff to address the anticipated increase in participation in the financing program.

     SECTION 2.  Section 11-425, Hawaii Revised Statutes, is amended to read as follows:

     "§11-425  Maximum amount of public funds available to candidate.  (a)  The maximum amount of public funds available in each election to a candidate for [the]:

     (1)  The office of governor, lieutenant governor, or mayor of the city and county of Honolulu or the county of Hawaii shall not exceed [ten] fifteen per cent [of the expenditure limit established in section 11-423(d) for each election.

     (b)  The maximum amount of public funds available in each election to a candidate for the];

     (2)  The office of state senator, state representative, mayor of the county of Kauai or the county of Maui, county council member, and prosecuting attorney shall not exceed [fifteen] 22.5 per cent [of the expenditure limit established in section 11-423(d) for each election.

     (c)  For the]; or

     (3)  The office of Hawaiian affairs[, the maximum amount of public funds available to a candidate] shall not exceed [$1,500 in any election year.] ten per cent,

of the expenditure limit established in section 11-423(d) for each election.

     [(d)  For all other offices, the maximum amount of public funds available to a candidate shall not exceed $100 in any election year.

     (e)] (b)  Each candidate who qualified for the maximum amount of public funding in any primary election and who is a candidate for a subsequent general election shall apply with the commission to be qualified to receive the maximum amount of public funds as provided in this section for the respective general election.

     (c)  For purposes of this section, "qualified" means meeting the qualifying campaign contribution requirements of section 11-429."

     SECTION 3.  Section 11-429, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  As a condition of receiving public funds for a primary or general election, a candidate shall not be unopposed in any election for which public funds are sought, shall have filed an affidavit with the commission pursuant to section 11‑423 to voluntarily limit the candidate's campaign expenditures, and shall be in receipt of the following sum of qualifying contributions from individual residents of Hawaii:

     (1)  For the office of governor--qualifying contributions that in the aggregate exceed $100,000;

     (2)  For the office of lieutenant governor--qualifying contributions that in the aggregate exceed $50,000;

     (3)  For the office of mayor for each respective county:

          (A)  County of Honolulu--qualifying contributions that in the aggregate exceed $50,000;

          (B)  County of Hawaii--qualifying contributions that in the aggregate exceed $15,000;

          (C)  County of Maui--qualifying contributions that in the aggregate exceed $10,000; and

          (D)  County of Kauai--qualifying contributions that in the aggregate exceed $5,000;

     (4)  For the office of prosecuting attorney for each respective county:

          (A)  County of Honolulu--qualifying contributions that in the aggregate exceed [$30,000;] $25,000;

          (B)  County of Hawaii--qualifying contributions that in the aggregate exceed [$10,000;] $5,000; and

          (C)  County of Kauai--qualifying contributions that in the aggregate exceed [$5,000;] $3,000;

     (5)  For the office of county council--for each respective county:

          (A)  County of Honolulu--qualifying contributions that in the aggregate exceed $5,000;

          (B)  County of Hawaii--qualifying contributions that in the aggregate exceed $1,500;

          (C)  County of Maui--qualifying contributions that in the aggregate exceed [$5,000;] $4,000; and

          (D)  County of Kauai--qualifying contributions that in the aggregate exceed $3,000;

     (6)  For the office of state senator--qualifying contributions that[,] in the aggregate exceed $2,500;

     (7)  For the office of state representative--qualifying contributions that[,] in the aggregate[,] exceed $1,500;

     (8)  For the office of Hawaiian affairs--qualifying contributions that[,] in the aggregate[,] exceed [$1,500;] $5,000; and

     (9)  For all other offices, qualifying contributions that[,] in the aggregate[,] exceed $500.

     (b)  A candidate shall obtain the minimum qualifying contribution amount set forth in subsection (a) once for the election period.

     [(1)]  If the candidate obtains the minimum qualifying contribution amount, the candidate [is] shall be eligible to receive:

  [(A)]   (1)  The minimum payment in an amount equal to the minimum qualifying contribution amounts; and

  [(B)]   (2)  Payments of [$1] $2 for each $1 of qualifying contributions in excess of the minimum qualifying contribution amounts[; and].

     [(2)]  A candidate shall have at least one other qualified candidate as an opponent for the primary or general election to receive public funds for that election."

     SECTION 4.  In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $          , or      per cent.  The reasons for exceeding the general fund expenditure ceiling are that the appropriations made in this Act are necessary to serve the public interest and to meet the needs provided for by this Act.

     SECTION 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2024-2025 to be deposited into the Hawaii election campaign fund.

     The sum appropriated shall be expended by the campaign spending commission for the purposes of this Act.

     SECTION 6.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2024-2025 for two full-time equivalent (2.0 FTE) permanent positions to be placed within the campaign spending commission.

     The sum appropriated shall be expended by the campaign spending commission for the purposes of this Act.

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on July 1, 3000.

 


 

Report Title:

Campaign Spending Commission Package; Partial Public Financing; OHA; Maximum Amount of Public Funds Available; Minimum Qualifying Contribution Amounts; Expenditure Ceiling

 

Description:

Increases the amount of partial public campaign financing available for all elective offices.  Adjusts the minimum amount of qualifying contributions certain candidates must receive to participate in the program.  Increases the matching fund payments for excess qualifying contributions.  Appropriates funds for the program and staff.  Effective 7/1/3000.  (HD1)

 

 

 

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