Read the full stored bill text
HB766
HOUSE OF REPRESENTATIVES
H.B. NO.
766
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO PUBLIC FINANCING OF ELECTIONS
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION 1.
�
The legislature finds that providing a
mechanism to fully fund the elections of candidates for state and county
offices who voluntarily agree to abide by campaign fundraising and expenditure
guidelines will have significant public benefit.
�
The common belief is that the existing
campaign finance system used in Hawaii (and most other states) unfairly favors
a small handful of wealthy donors who use their donations to buy access to
candidates and elected officials.
����
Comprehensive publicly funded
campaign programs are intended to improve the process by allowing candidates to
compete without reliance on private funds and by also allowing elected
officials to make decisions without the influence, or appearance thereof, of
private individuals, lobbyists, political parties, political action committees,
unions, corporations, and other entities.
�
Candidates who choose to participate in Hawaii's comprehensive public
funding program established by this Act, after obtaining a minimum number of $5
donations from voters, would be barred from soliciting, accepting, or using
contributions from any source other than the program's public funds.
�
This restriction on funding would apply
during each participating candidate's campaign and, if elected, throughout the
candidate's term in office.
�
By
demonstrating support from voters in the relevant district, the participating
candidate justifies receipt of public funding sufficient to run in a primary
election and, if successful, the general election.
����
The legislature further finds that
public financing of campaigns in some form has existed since the 1970s and was
enacted in response to the Watergate scandal.
�
Hawaii became a leader in public funding programs when it added language
to the Hawaii State Constitution in 1978 that established the partial public financing
program that is still used by candidates.
�
Comprehensive public financing programs, sometimes termed "clean
elections," were established in 1996 in Maine and in 1998 in Arizona, and
have since also been adopted in Connecticut and New Mexico.
����
The legislature further finds that
the statewide comprehensive public funding program established by this Act is
modeled after the Hawaii county council's comprehensive public funding pilot
project that disbursed $363,060 in public funds to a total of sixteen
candidates in the 2010 and 2012 county council elections within Hawaii
county.
�
The statewide program proposed
by this Act is also informed by Maine's Clean Election Act, which since 2000
has supported legislative and gubernatorial candidates in a state with a
population similar to that of Hawaii.
�
Under Maine's program, a state senate candidate would need to obtain at
least one hundred seventy-five qualifying contributions in order to be eligible
to receive up to $70,000 in public funds, and a gubernatorial candidate would
need at least three thousand two hundred qualifying contributions for up to
$3,000,000 in public funds.
�
Comparable
levels of public funding will be necessary to ensure that Hawaii's program is
practicable for participating candidates.
�
The legislature notes that the annual cost of operating a program to
publicly fund candidates is dwarfed in comparison to the state budget of
several billion dollars.
�
The cost is
equally eclipsed by the projected increase in public confidence in the State's
candidates and elected officials.
����
Therefore, the purpose of this Act
is to establish a comprehensive system of public financing for all candidates
seeking election to state and county public offices in the State, beginning
with the 2026 general election year.
����
SECTION 2.
�
Chapter 11, Hawaii Revised Statutes, is
amended by adding a new subpart to part XIII to be appropriately designated and
to read as follows:
"
SUBPART
.
�
COMPREHENSIVE PUBLIC
FUNDING FOR CANDIDATES TO STATE AND COUNTY OFFICES
����
�11-A
�
Purpose.
�
The purpose of the comprehensive public financing program, which is a
voluntary program, is to improve the electoral process for state and local
offices by:
����
(1)
�
Allowing
candidates to compete without relying on money from special interests;
����
(2)
�
Allowing elected
officials to make decisions free from the influence of, or the appearance that
they have been influenced by, donations from special interests;
����
(3)
�
Restoring public
confidence in the electoral and legislative processes; and
����
(4)
�
Increasing
meaningful citizen participation.
����
�11-B
�
Definitions.
�
Except for terms specifically defined in this
subpart, terms that are defined under section 11-302 shall apply to this
subpart.
�
As used in this subpart:
����
"Candidate" means an
individual who seeks nomination for election or seeks election to a state or
county office in the State.
����
"Certification for
comprehensive public funding" means the decision by the commission that a
candidate is certified to receive comprehensive public funding in accordance
with this subpart.
����
"Certified candidate" or
"comprehensive publicly funded candidate" means a candidate who is
certified by the commission as eligible for comprehensive public funding under
this subpart and who agrees to abide by the requirements of this subpart.
����
"Comprehensive public
funding", "comprehensive public funds", "public
funding", or "public funds" means campaign funds from the Hawaii
election campaign fund's subaccount for the comprehensive public funding program
under section 11-421 that are received by a certified candidate pursuant to
this subpart.
����
"Declaration of intent to seek
comprehensive public funding" means the form completed by a candidate
seeking public funding.
����
"Excess expenditure" means
the amount of public funds spent or obligated to be spent by a comprehensive publicly
funded candidate in excess of one hundred per cent of the allocated funds for a
primary election, general election, or both.
����
"General election" means a
general election, subsequent special election, or subsequent nonpartisan
election.
����
"General election campaign
period" means the period beginning the day after the primary election and
ending on general election day.
����
"General election year"
means the period commencing January 1 of an even-numbered year in which a
general election is held and ending on the general election day.
����
"Primary election" means a
primary election, initial special election, or initial nonpartisan election.
����
"Primary election campaign
period" means the period in a primary election year beginning with the
certification for comprehensive public funding under this subpart and ending on
the primary election day.
����
"Qualifying contribution"
means a monetary contribution that complies with section 11-F.
����
"Seed money" means
contributions made to a candidate by an individual and expended for the purpose
of determining campaign viability in accordance with section 11-E.
����
"Surplus campaign funds"
means any campaign contributions not spent during a prior election period by a
candidate who previously sought election as a privately funded candidate.
����
�11-C
�
Establishment.
�
There shall be established a comprehensive
public funding program for candidates for state and county public offices in
the State, beginning with the 2026 general election year.
����
�11-D
�
Qualifications for comprehensive public
funding.
�
(a)
�
A candidate shall be eligible to seek
comprehensive public funding for the primary election campaign period if the
candidate:
����
(1)
�
Resides in the
respective district from which election is sought as of the date of the filing
of nomination papers for the primary election in the general election year in
which the candidate seeks to be nominated or elected;
����
(2)
�
Is a registered
voter in the district from which election is sought;
����
(3)
�
Files a
declaration of intent to seek comprehensive public funding with the commission
between December 1 of the year before the general election year and thirty days
before the closing date to file nomination papers to run for the office for
which the candidate intends to seek election;
����
(4)
�
Collects
qualifying contributions and names in accordance with section 11-F;
����
(5)
�
Accepts, for the
office for which the candidate intends to seek election, only the following
contributions before applying for certification as a comprehensive publicly
funded candidate:
���������
(A)
�
Seed money
contributions, until the candidate files a declaration of intent to seek
comprehensive public funding; and
���������
(B)
�
Qualifying contributions
that shall be accepted only after filing the declaration of intent to seek
comprehensive public funding;
����
(6)
�
Files an
application for certification for comprehensive public funding with the
commission; and
����
(7)
�
Agrees to comply
with contribution and expenditure restrictions in accordance with section 11-I
and with other program requirements, if certified pursuant to this subpart.
����
(b)
�
A candidate shall be qualified to seek comprehensive public funding for
the general election campaign period if the candidate:
����
(1)
�
Was certified as a
comprehensive publicly funded candidate during the primary election campaign
period immediately preceding the general election in which the funds under this
subpart are provided;
����
(2)
�
Continues to meet
the requirements of this subpart; and
����
(3)
�
Received a
sufficient number of votes to appear on the ballot in the general election or
is otherwise certified by the county clerk to be placed on the ballot in the
general election.
����
�11-E
�
Seed money contributions; limitations on use
of seed money.
�
(a)
�
The use of seed money shall be limited to
expenditures necessary to determine whether sufficient support exists for a
candidate to run for office as a comprehensive publicly funded candidate.
����
(b)
�
The amount of seed money received, expended, or both, by a candidate
seeking eligibility for comprehensive public funding shall not exceed $5,000,
or five per cent of the maximum amount of funds to be distributed to a
certified candidate for the office sought, whichever is greater.
�
Seed money shall include any personal funds,
surplus campaign funds, or contributions received from individuals in an
aggregate amount no greater than $250 each that the candidate may choose to
use.
�
A candidate seeking eligibility for
comprehensive public funding shall not accept contributions of seed money from
any individual whose contributions are prohibited under subpart E.
�
A candidate shall issue a receipt to all
contributors whose seed money the candidate accepts.
����
(c)
�
An individual who uses seed money to determine whether sufficient
support exists to campaign for office as a comprehensive publicly funded
candidate who is not already registered with the commission shall register as a
candidate by filing the organizational report required by section 11-321 within
ten days of receiving more than $100 in seed money from either contributions or
personal funds.
����
(d)
�
Seed money shall not be collected after the candidate has filed the
declaration of intent to seek comprehensive public funding.
�
The candidate shall spend seed money only until
the candidate is certified by the commission as a comprehensive publicly funded
candidate, or the closing date to file nomination papers to run for the office
for which the candidate intends to seek election, whichever occurs first.
����
(e)
�
Any unspent seed money shall be deducted from the amount of
comprehensive public funding allocated to the certified candidate; provided
that the certified candidate does not donate the unspent seed money to the Hawaii
election campaign fund's subaccount for the comprehensive public funding
program.
����
(f)
�
A certified candidate who has surplus campaign funds from a previous
election shall be prohibited from using those funds for any purpose except as
seed money pursuant to this section.
�
The
surplus campaign funds shall be frozen and maintained in a separate depository
account from that established for the public funds under section 11-K.
�
The candidate shall continue to file reports
on the surplus campaign funds in accordance with subpart D, or as may otherwise
be required by the commission.
����
�11-F
�
Application for comprehensive public funds;
qualifying contributions.
�
(a)
�
Each candidate who seeks comprehensive public
funding shall submit an application for certification that contains the minimum
number of qualifying contributions, as specified in subsection (b).
�
Each qualifying contribution shall be a
monetary contribution of exactly $5 in the form of cash, a check, or a money
order payable to the Hawaii election campaign fund and signed by the
contributor in support of a candidate.
�
An electronic form of payment made in support of a candidate may be
counted as a qualifying contribution, if it adheres to procedures established
by the commission.
�
Further, each
qualifying contribution shall be accompanied by a form provided in both
physical and electronic formats by the commission that includes:
����
(1)
�
The contributor's
printed name, address, signature, date of birth, and acknowledgement that the
contribution was made with the contributor's personal funds in support of the
candidate and was not given in exchange for anything of value; and
����
(2)
�
The candidate's
acknowledgement that the contribution was obtained with the candidate's
knowledge and approval and that nothing of value was given in exchange for the
contribution.
�
Only registered voters who
reside within the respective district from which the candidate seeks nomination
or election at the time the contribution is given shall be considered for
certification purposes.
�
Nothing of value
shall be given to the individual in exchange for the qualifying contribution.
����
(b)
�
The minimum number of qualifying contributions shall be as follows:
����
(1)
�
For the office of
governor � 6,250 qualifying contributions;
����
(2)
�
For the office of
lieutenant governor � three thousand qualifying contributions;
����
(3)
�
For the office of
state senator � two hundred fifty qualifying contributions;
����
(4)
�
For the office of
state representative � one hundred twenty-five qualifying contributions;
����
(5)
�
For the office of
Hawaiian affairs � one hundred qualifying contributions;
����
(6)
�
For the office of
mayor of the city and county of Honolulu � 5,750 qualifying contributions;
����
(7)
�
For the office of
mayor of the county of Hawaii � nine hundred qualifying contributions;
����
(8)
�
For the office of
mayor of the county of Maui � one thousand five hundred qualifying
contributions;
����
(9)
�
For the office of
mayor of the county of Kauai � eight hundred seventy-five qualifying
contributions;
���
(10)
�
For the office of
prosecuting attorney of the city and county of Honolulu � five hundred
sixty-three qualifying contributions;
���
(11)
�
For the office of
prosecuting attorney of the county of Hawaii � one hundred qualifying
contributions;
���
(12)
�
For the office of
prosecuting attorney of the county of Kauai � sixty-three qualifying
contributions;
���
(13)
�
For the office of
county council of the city and county of Honolulu � three hundred thirty-eight
qualifying contributions;
���
(14)
�
For the office of
county council of the county of Hawaii � fifty qualifying contributions;
���
(15)
�
For the office of
county council of the county of Maui � one hundred thirty-eight qualifying
contributions; and
���
(16)
�
For the office of
county council of the county of Kauai � seventy-five qualifying contributions.
����
(c)
�
No qualifying contribution shall be collected for a candidate before the
candidate files a declaration of intent to seek comprehensive public funding
with the commission.
�
A contribution
received before the filing of a declaration of intent to seek comprehensive public
funding shall not be considered a qualifying contribution.
����
(d)
�
Any receipt for a qualifying contribution shall be made in a form
prescribed by the commission pursuant to section 11-N.
����
(e)
�
All qualifying contributions collected by a candidate, regardless of
whether the candidate is certified, shall be deposited into the Hawaii election
campaign fund's subaccount for the comprehensive public funding program.
����
(f)
�
The application for certification shall be submitted to the commission
no later than thirty days before the primary election and shall be signed by
the candidate and the candidate's campaign treasurer under penalty of
perjury.
�
The application shall contain
any other information deemed necessary by the commission.
����
(g)
�
Use of voter registration information to obtain qualifying contributions
and seek comprehensive public funds shall constitute election purposes pursuant
to section 11-97 and applicable rules.
����
�11-G
�
Certification of qualification for
comprehensive public funds.
�
(a)
�
The clerk for the county that includes the
district from which election is sought shall verify that the candidate received
the minimum required qualifying contributions from registered voters in the
district from which the candidate seeks office, that the candidate resides in
the district from which election is sought as of the date of the filing of
nomination papers, and that the candidate is a registered voter in the district
from which election is sought.
�
The clerk
for the county that includes the district from which election is sought shall
provide to the commission the information needed for verification, including
the names, addresses, dates of birth, and signatures of registered voters in
that district.
����
(b)
�
The commission shall issue a decision to certify or deny the
certification of a candidate as a comprehensive publicly funded candidate
within ten business days following receipt of the candidate's completed
application for certification for comprehensive public funding.
����
(c)
�
After a candidate is certified, the candidate's certification shall
apply to both the primary election and the general election.
����
(d)
�
The certifications and all determinations made by the commission under
this section shall be final and conclusive, except to the extent that they are
subject to examination and audit by the commission under section 11-434.
����
�11-H
�
Comprehensive public funds to be distributed
to certified candidates.
�
(a)
�
Each certified candidate who has an opponent
in the primary election and an opponent in the general election shall receive
the following amounts of public funding, as adjusted pursuant to subsection
(d), and distributed at a rate of sixty-seven per cent for the primary election
and thirty-three per cent for the general election:
����
(1)
�
For the office of
governor � $1,675,000 in the primary election, $825,000 in the general election,
for a maximum of $2,500,000;
����
(2)
�
For the office of
lieutenant governor � $804,000 in the primary election, $396,000 in the general
election, for a maximum of $1,200,000;
����
(3)
�
For the office of
state senator � $67,000 in the primary election, $33,000 in the general
election, for a maximum of $100,000;
����
(4)
�
For the office of
state representative � $33,500 in the primary election, $16,500 in the general
election, for a maximum of $50,000;
����
(5)
�
For the office of
Hawaiian affairs � $26,800 in the primary election, $13,200 in the general
election, for a maximum of $40,000;
����
(6)
�
For the office of
mayor of the city and county of Honolulu � $1,541,000 in the primary election,
$759,000 in the general election, for a maximum of $2,300,000;
����
(7)
�
For the office of
mayor of the county of Hawaii � $241,200 in the primary election, $118,800 in
the general election, for a maximum of $360,000;
����
(8)
�
For the office of
mayor of the county of Maui � $402,000 in the primary election, $198,000 in the
general election, for a maximum of $600,000;
����
(9)
�
For the office of
the county of Kauai � $234,500 in the primary election, $115,500 in the general
election, for a maximum of $350,000;
���
(10)
�
For the office of
prosecuting attorney of the city and county of Honolulu � $150,750 in the
primary election, $74,250 in the general election, for a maximum of $225,000;
���
(11)
�
For the office of
prosecuting attorney of the county of Hawaii � $26,800 in the primary election,
$13,200 in the general election, for a maximum of $40,000;
���
(12)
�
For the office of
prosecuting attorney of the county of Kauai � $16,750 in the primary election,
$8,250 in the general election, for a maximum of $25,000;
���
(13)
�
For the office of
county council of the city and county of Honolulu � $90,450 in the primary
election, $44,550 in the general election, for a maximum of $135,000;
���
(14)
�
For the office of
county council of the county of Hawaii � $13,400 in the primary election,
$6,600 in the general election, for a maximum of $20,000;
���
(15)
�
For the office of
county council of the county of Maui � $36,850 in the primary election,
$18,150 in the general election, for a maximum of $55,000; and
���
(16)
�
For the office of
county council of the county of Kauai � $20,100 in the primary election, $9,900
in the general election, for a maximum of $30,000.
Any certified candidate who is unopposed in the
primary election shall receive thirty per cent of the primary election
allotment above; provided that the certified candidate shall have a general
election opponent.
�
Certified candidates
who are unopposed in the general election shall not receive the general
election allotment above.
����
(b)
�
Upon the certification for comprehensive public funding, the commission
shall direct the comptroller to distribute the public funds allowed by this
section from the Hawaii election campaign fund's subaccount for the
comprehensive public funding program by check, or when possible, by an
automatic transfer of funds.
�
Public
funds for the primary election shall be distributed to the candidate within
twenty days from the date that the candidate's initial application and
qualifying contribution statement are approved by the commission and, for the
general election, within ten days after the date of the primary election.
����
(c)
�
The commission shall be under no obligation to provide moneys to a
certified candidate if moneys in the Hawaii election campaign fund's subaccount
for the comprehensive public funding program are near depletion as determined
by the commission pursuant to section 11-O.
����
(d)
�
The amounts of public funding specified in subsection (a) shall be
adjusted by the commission no later than January 15 of a general election year
in accordance with any change in the consumer price index for all urban
consumers as published by the United States Department of Labor, Bureau of
Labor Statistics, during the period ending on December 31 in the year preceding
the general election year for which the adjustment is to be made.
����
�11-I
�
Certified candidates; continuing obligation;
restrictions; penalties.
�
(a)
�
A certified candidate shall comply with this
subpart through the end of the general election campaign period, regardless of
whether the certified candidate maintains eligibility for public funding in the
general election campaign period.
����
(b)
�
Upon certification for comprehensive public funding and through the end
of the general election campaign period, a certified candidate shall not accept
any money for campaign purposes, except public funds issued by the
commission.
�
Contributions and loans from
any person and any campaign material purchased or held from a date before
filing the declaration of intent to seek comprehensive public funding shall not
be accepted.
����
(c)
�
Upon certification for comprehensive public funding and through the end
of the general election campaign period, a certified candidate shall not expend
for campaign purposes any money except public funds issued by the
commission.
�
Public funds shall be used
only for the purpose of defraying expenses directly related to the certified
candidate's campaign during the election campaign period for which the public
funds are allocated and shall comply with subpart G.
�
A certified candidate receiving funds under
this subpart or the candidate's campaign treasurer shall not transfer any
portion of the funds provided under this subpart to any other candidate for
another campaign.
�
Public funds shall not
be expended outside the applicable campaign period.
����
(d)
�
A certified candidate who is elected to the office sought shall continue
to be subject to the contribution and expenditure restrictions of subsections
(b) and (c) and shall comply with other provisions of this subpart for the
duration of the term in office to which the candidate was elected.
�
An elected certified candidate who intends to
seek office in the next general election and apply for comprehensive public
funding may raise and spend seed money for the next election pursuant to
section 11-E; provided that the candidate notifies the commission in writing of
their intent to seek reelection.
�
An
elected certified candidate who intends to seek office in the next general
election and will not apply for comprehensive public funding, upon notification
in writing to the commission of their intent, shall no longer be subject to the
contribution and expenditure restrictions of subsections (b) and (c) in the
next general election, effective January 1 of the next general election
year.
�
In either case, the candidate shall
return all unexpended public funds received to the Hawaii election campaign
fund's subaccount for the comprehensive public funding program within thirty
days after the election in which the candidate was successful.
����
(e)
�
If a certified candidate withdraws from seeking the nomination for or
from the election, all unexpended public funds received by the candidate under
this subpart shall be returned to the Hawaii election campaign fund's
subaccount for the comprehensive public funding program within thirty days
after the candidate's withdrawal.
����
(f)
�
A certified candidate who is successful in the primary election may
carry over any unexpended public funds to the general election; provided that
the certified candidate has an opponent in the general election.
�
If the certified candidate is successful in
the general election, the certified candidate shall return all unexpended
public funds received under this subpart to the Hawaii election campaign fund's
subaccount for the comprehensive public funding program within thirty days
after the general election.
�
If the
certified candidate does not have an opponent in the general election, the
certified candidate shall return all unexpended public funds received under
this subpart to the Hawaii election campaign fund's subaccount for the
comprehensive public funding program within thirty days after the primary
election.
����
(g)
�
A certified candidate who is not successful in the primary or general
election shall return all unexpended public funds received under this subpart
to the Hawaii election campaign fund's subaccount for the comprehensive public
funding program within thirty days after the election in which the candidate
was not successful.
����
(h)
�
A certified candidate who accepts contributions in violation of this
section shall be subject to a fine equal to three times the amount of public
funding the candidate received, in addition to any other action, fines, or
prosecution under section 11-M and subpart I, or any provision of the Hawaii Penal
Code.
����
(i)
�
A certified candidate who makes expenditures of more than one hundred
per cent of the public funds allocated to the candidate shall repay to the
Hawaii election campaign fund's subaccount for the comprehensive public funding
program an amount equal to three times the excess expenditures.
����
�11-J
�
Comprehensive publicly funded candidates;
reporting.
�
(a)
�
A certified candidate and the certified
candidate's committee shall furnish complete campaign records to the
commission, including all records of seed money contributions, qualifying
contributions, and expenditures.
�
A
certified candidate shall fully cooperate with any examination or audit by the
commission.
����
(b)
�
The reporting requirements for certified candidates under this subpart,
or as may be required by the commission, shall be in addition to any other
reporting requirement under this part.
����
(c)
�
All reports required by subpart D, seed money reports, and post-election
reports shall be filed with the commission.
����
(d)
�
Seed money reports shall be filed with the commission no later than:
����
(1)
�
January 31 of a
general election year;
����
(2)
�
April 30 of a
general election year; and
����
(3)
�
Twenty days before
the primary election.
����
(e)
�
Each seed money report shall be current through:
����
(1)
�
The six-month
period ending on December 31 for the report filed on January 31;
����
(2)
�
The three-month
period ending on March 31 for the report filed on April 30; and
����
(3)
�
Thirty days before
the primary election for the report filed twenty days before the primary
election.
����
(f)
�
The seed money reports shall include:
����
(1)
�
The candidate
committee's name and address;
����
(2)
�
The amount of cash
on hand at the beginning of the reporting period;
����
(3)
�
The reporting
period and aggregate total for each of the following categories:
���������
(A)
�
Contributions;
���������
(B)
�
Expenditures; and
���������
(C)
�
Other receipts;
and
����
(4)
�
The cash on hand
at the end of the reporting period.
����
(g)
�
Schedules filed with the seed money reports shall also include:
����
(1)
�
The amount and
date of deposit of each contribution and the name and address of each
contributor who makes contributions aggregating more than $100 in an election
period; provided that if all the information is not on file, the contribution
shall be returned to the contributor within thirty days of deposit;
����
(2)
�
All expenditures
made, including the name and address of each payee and the amount, date, and
purpose of each expenditure.
�
Expenditures for consultants, advertising agencies and similar firms,
credit card payments, salaries, and candidate reimbursements shall be itemized
to permit a reasonable person to determine the ultimate intended recipient of
the expenditure and its purpose; and
����
(3)
�
The amount, date
of deposit, and description of other receipts, and the name and address of the
source of each of the other receipts.
����
(h)
�
Post-election reports shall be submitted to the commission no later than
twenty days after a primary election and no later than thirty days after a
general election, certifying that all public funds paid to the certified
candidate have been used as required by this subpart.
�
The reports shall include information
regarding all expenditures made, including the name and address of each payee
and the amount, date, and purpose of each expenditure.
�
Expenditures for consultants, advertising
agencies and similar firms, credit card payments, salaries, and candidate
reimbursements shall be itemized to permit a reasonable person to determine the
ultimate intended recipient of the expenditure and its purpose.
����
(i)
�
All certified candidates shall file the reports required under this
subpart by electronic means in the manner prescribed by the commission.
����
�11-K
�
Deposit of, and access to, public funds.
�
(a)
�
All public funds and seed money received by a certified candidate shall
be deposited directly into a depository institution as provided under section
11-351(a) and accessed through the use of debit cards or bank checks.
�
No expenditure of public funds received under
this subpart shall be made except by debit cards or bank checks drawn on the
checking account.
����
(b)
�
All reports required under subpart D and this subpart for financial
disclosure shall include the most recent, available bank statement from the depository
institution holding the public funds, as attested to by the candidate's
committee.
����
�11-L
�
Deposit of money into the Hawaii election
campaign fund's subaccount for the comprehensive public funding program.
�
The following moneys shall be deposited into
the subaccount of the Hawaii election campaign fund established under section
11 421:
����
(1)
�
Appropriations
made by the legislature for the purposes of this subpart;
����
(2)
�
Excess seed money
contributions;
����
(3)
�
Qualifying
contributions, including any excess qualifying contributions of certified
candidates;
����
(4)
�
Unspent public
funds distributed to any certified candidate;
����
(5)
�
Fines levied by
the commission for violation of this subpart; and
����
(6)
�
Voluntary
donations made for the purposes of this subpart.
����
�11-M
�
Violations; penalties.
�
Any candidate who knowingly attempts to
fraudulently qualify for or receive public funding shall:
����
(1)
�
Have the
candidate's certification for comprehensive public funding revoked.
�
Upon revocation of certification, the
certified candidate shall repay all public funds received within ten business
days to the Hawaii election campaign fund's subaccount for the comprehensive
public funding program; and
����
(2)
�
Be subject to
fines and penalties as specifically provided in this subpart and other fines or
penalties pursuant to sections 11-410 and 11-412 and the Hawaii Penal Code.
����
�11-N
�
Forms; receipts; candidate guide and
trainings.
�
The commission shall
create and publish all forms and receipts required to operate the comprehensive
public funding program.
�
The commission
shall create and publish a candidates' guide to the comprehensive public
funding program that shall include an explanation of rules and procedures
applicable to candidates and shall be updated annually.
����
Before the 2026 general election
year and any subsequent general election year for which the comprehensive
public funding program shall be operative, the commission shall provide at
least four trainings on the comprehensive public funding program for candidates
and other interested individuals.
����
�11-O
�
Sufficiency of funding for the comprehensive
public funding program.
�
On September
1 of each odd-numbered year preceding a general election year, the commission
shall determine whether there is a minimum of $30,000,000 in the Hawaii
election campaign fund's subaccount for the comprehensive public funding
program established under section 11-421 to certify candidates during the next
election and provide funding for the comprehensive public funding program
authorized under this subpart.
����
Within five business days of the
commission's determination, the commission shall publish a notice statewide,
pursuant to section 1-28.5, stating whether the comprehensive public funding
program will become effective on January 1 of the following year.
�
If there is insufficient funding, this
subpart shall be inoperative for that general election year."
����
SECTION
3
.
�
Section 11-421,
Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read
as follows:
����
"
(b)
�
The fund shall consist of:
����
(1)
�
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);
����
(2)
�
Any general fund
appropriations; [
and
]
����
(3)
�
All moneys
designated for deposit into the subaccount for the comprehensive public funding
program pursuant to section 11-L; and
���
[
(3)
]
(4)
�
Other moneys collected pursuant to
this part.
����
(c)
�
Moneys in the fund shall be paid to candidates by the comptroller as
prescribed in [
section
]
sections
11-431
and 11-H
and may
be used for the commission's operating expenses, including staff salaries and
fringe benefits."
����
SECTION 4.
�
The campaign spending commission shall submit
a progress report on the implementation of this Act and any findings and
recommendations, including any proposed legislation that may be necessary to
facilitate the implementation of this Act, to the legislature no later than
forty days prior to the convening of the regular sessions of 2026, 2027, and
2028.
����
SECTION 5.
�
The campaign spending commission shall submit
a final report of its findings and recommendations, including any proposed
legislation that may be necessary to better facilitate the implementation of
this Act, to the legislature no later than forty days prior to the convening of
the regular session of 2029.
����
SECTION 6.
�
There is appropriated out of the general
revenues of the State of Hawaii the sum of $30,200,000 or so much thereof as
may be necessary for fiscal year 2025-2026 for deposit into the Hawaii election
campaign fund established under section 11-421, Hawaii Revised Statutes.
����
The sum
appropriated shall be expended by the campaign spending commission
for the purposes of this Act.
����
SECTION 7.
�
There is appropriated out of the Hawaii
election campaign fund established under section 11-421, Hawaii Revised
Statutes, the sum of $200,000 or so much thereof as may be necessary for fiscal
year 2025-2026 and the same sum or so much thereof as may be necessary for
fiscal year 2026-2027 in preparing for the comprehensive public funding of
candidates in elections taking place in 2026, including the hiring of two
full-time equivalent (2.0 FTE) temporary positions.
����
The sums
appropriated shall be expended by the campaign spending commission
for the purposes of this Act.
����
SECTION 8.
�
In codifying the new sections added by
section 2 of this Act, the revisor of statutes shall substitute appropriate
section numbers for the letters used in designating the new sections in this
Act.
����
SECTION 9.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
����
SECTION 10.
�
This Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
CSC; Comprehensive
Public Funding; Report; Appropriations
Description:
Establishes
a comprehensive system of public financing for all candidates seeking election
to state and county public offices in Hawaii, to begin with the 2026 general
election year.
�
Requires the Campaign
Spending Commission to submit reports to the Legislature.
�
Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.