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HB1190
HOUSE OF REPRESENTATIVES
H.B. NO.
1190
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to campaign finance
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
�
Section 11-381, Hawaii Revised Statutes, is
amended to read as follows:
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"
�
11-381
�
Campaign funds only
used for certain purposes.
�
(a)
�
Campaign funds may be used by a candidate,
treasurer, or candidate committee:
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(1)
�
For any purpose
directly related:
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(A)
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In the case of the
candidate, to the candidate's own campaign; or
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(B)
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In the case of a
candidate committee or treasurer of a candidate committee, to the campaign of
the candidate, question, or issue with which they are directly associated;
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(2)
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To purchase or
lease consumer goods, vehicles, equipment, and services that provide a mixed
benefit to the candidate.
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The candidate,
however, shall reimburse the candidate's candidate committee for the
candidate's personal use of these items unless the personal use is de minimis;
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(3)
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To make donations
to any community service, educational, youth, recreational, charitable,
scientific, or literary organization; provided that in any election period, the
total amount of all donations shall be no more than twice the maximum amount
that one person may contribute to that candidate pursuant to section 11-357;
provided further that no donations shall be made from the date the candidate
files nomination papers to the date of the general election unless the
candidate is:
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(A)
�
Declared to be
duly and legally elected to the office for which the person is a candidate
pursuant to section 12-41;
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(B)
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Deemed and
declared to be duly and legally elected to the office for which the person is a
candidate pursuant to section 12-42; or
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(C)
�
Unsuccessful in
the primary or special primary election;
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(4)
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To make donations
to any public school or public library; provided that in any election period,
the total amount of all contributions shall be no more than twice the maximum
amount that one person may contribute to that candidate pursuant to section
11-357; provided further that any donation under this paragraph shall not be
aggregated with or imputed toward any limitation on donations pursuant to
paragraph (3);
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(5)
�
To award
scholarships to full-time students attending an institution of higher education
or a vocational education school in a program leading to a degree, certificate,
or other recognized educational credential; provided that in any election
period, the total amount of all scholarships awarded shall be no more than
twice the maximum amount that one person may contribute to that candidate
pursuant to section 11-357; provided further that no awards shall be made from
the filing deadline for nomination papers to the date of the general election
unless the candidate is:
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(A)
�
Declared to be
duly and legally elected to the office for which the person is a candidate
pursuant to section 12-41;
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(B)
�
Deemed and
declared to be duly and legally elected to the office for which the person is a
candidate pursuant to section 12-42; or
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(C)
�
Unsuccessful in
the primary or special primary election;
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(6)
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To purchase not
more than two tickets for each event held by another candidate or committee,
regardless of whether the event constitutes a fundraiser as defined in section
11-342;
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(7)
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To make
contributions to the candidate's party so long as the contributions are not
earmarked for another candidate; or
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(8)
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To pay for
ordinary and necessary expenses incurred in connection with the candidate's
duties as a holder of an office, including expenses incurred for memberships in
civic or community groups.
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(b)
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Campaign funds may be used for the candidate's next subsequent election
upon registration for the election pursuant to section 11-321."
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SECTION
2
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�
Section 11-384, Hawaii Revised Statutes, is
amended to read as follows:
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"
[
[
]�
11-384[
]
]
�
Disposition of campaign funds; termination of
registration.
�
(a)
�
The candidate committee and candidate who
receives contributions for an election but fails to file nomination papers for
that election shall return residual funds to the contributors no later than
ninety days after the date on which nominations for that election shall be
filed.
�
Funds not returned to
contributors
by the candidate committee or candidate
shall escheat to
the
campaign funds escheatment subaccount within
the Hawaii election campaign
fund.
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(b)
�
The candidate committee and candidate who withdraws or ceases to be a
candidate for the election because of death, disqualification, or other reasons
shall return residual funds to the contributors no later than ninety days after
the candidate ceases to be a candidate[
.
]
or thirty days after the
date of the election for which the campaign funds were received, whichever is
earlier.
�
Funds not returned to
contributors
by the candidate committee or candidate
shall escheat to
the
campaign funds escheatment subaccount within
the Hawaii election campaign
fund.
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(c)
�
A candidate who is elected to office, including a candidate subject to
term limits and a candidate who resigned before the end of the term of office
and the candidate committee of such a candidate, [
may
]
shall
use
campaign funds as provided in section 11-381 or return funds to contributors [
until
four years from
]
no later than thirty days plus the length of time equal
to the length of the term of office, after
the date [
of the election for
which
] the campaign funds were received.
�
Funds that are not used or returned to contributors
by the candidate
shall escheat to
the campaign funds escheatment subaccount within
the
Hawaii election campaign fund.
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(d)
�
A candidate who loses an election and the candidate committee of such a
candidate [
may
]
shall
use campaign funds as provided in section
11-381 or return funds to contributors [
until one year from
]
no later
than thirty days plus the length of time equal to the length of the term of
office, after
the date [
of the election for which
] the campaign
funds were received.
�
Funds that are not
used or returned to contributors
by the candidate committee or candidate
shall escheat to
the campaign funds escheatment subaccount within
the
Hawaii election campaign fund.
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(e)
�
A candidate committee that disposes of campaign funds pursuant to this
section shall terminate its registration with the commission as provided in
section 11-326.
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(f)
�
Notwithstanding any of the foregoing, campaign funds may be used for the
candidate's next subsequent election as provided in section 11-381 upon
registration for the election pursuant to section 11-321.
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(g)
�
The commission shall adopt rules pursuant to chapter 91 to carry out the
purposes of this section."
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SECTION
3
.
�
Section 11-421, Hawaii Revised Statutes, is
amended to read as follows:
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"
[
[
]�
11-421[
]
]
�
Hawaii
election campaign fund; creation.
�
(a)
�
The Hawaii election campaign
fund is created as a trust fund within the state treasury.
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(b)
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The fund shall
consist of:
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(1)
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All moneys
collected from persons who have designated a portion of their income tax
liability to the fund as provided in section 235-102.5(a);
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(2)
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Any general fund
appropriations; and
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(3)
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Other moneys
collected pursuant to this part.
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(c)
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Moneys in the fund shall be paid to candidates by the comptroller as
prescribed in section 11-431 and may be used for the commission's operating
expenses, including staff salaries and fringe benefits.
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(d)
�
There shall be established within the Hawaii
election campaign fund a campaign funds escheatment subaccount.
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The
commission shall make reasonable efforts to return moneys in the campaign funds
escheatment subaccount to the contributors of the candidate committees or
candidates from which the moneys have escheated.
�
The returns shall be made to contributors in
reverse chronological order, excluding contributors who have received a return
by the candidate committee or candidate.
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Any
amount remaining shall lapse to the Hawaii election campaign fund six months
after the moneys have escheated to the subaccount.
"
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SECTION
4.
�
Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 5.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Elections;
Campaign Finance; Escheatment; Campaign Spending Commission
Description:
Repeals
the authority for campaign funds to carry over to subsequent elections.
�
Requires, at the latest, for campaign funds
not expended to escheat to the State after a certain period.
�
Requires the Campaign Spending Commission to
make reasonable efforts to return escheated funds to contributors with any
remaining balance to fund partially publicly financed campaigns.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.