RELATING TO SUPER PACS.

HB771

HOUSE OF REPRESENTATIVES

H.B. NO.

771

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to SUPER PACS
.

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

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SECTION 1.
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The legislature finds that large political
action committees or Super PACs, known as independent expenditure committees in
Hawaii, are noncandidate committees that may raise unlimited sums of money from
corporations, unions, associations, and individuals, then spend unlimited sums
to overtly advocate for or against political candidates.
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The only conditions placed on Super PACs are a
prohibition against donating money directly to political candidates and a
requirement that their spending must not be coordinated with that of the
candidates they benefit.
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The influence
of Super PAC spending in the State's electoral process remains a significant
and pressing concern.
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The legislature
further finds that to ensure that Hawaii voters are able to meaningfully
participate in elections, the information and resources available to candidates
and voters should be fair, transparent, and easily accessible.

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The purpose of this Act is to reduce the
influence of noncandidate committee spending in politics, prevent the spread of
misinformation, and increase election transparency by:

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(1)
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Assessing a fee
based on the total expenditures or disbursements made by noncandidate
committees within a calendar year;

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(2)
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Establishing a
process for verification and review of proposed electioneering communications;
and

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(3)
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Establishing a
minimum font size for certain information that must be included on campaign
advertisements.

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SECTION 2.
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Chapter 11, Hawaii Revised Statutes, is
amended by adding two new sections to part XIII to be appropriately designated
and to read as follows:

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"
�11-
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Noncandidate
committee; expenditures or disbursements fee.
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(a)
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Each noncandidate committee that makes expenditures
or disbursements in any calendar year shall be assessed the following fee based
on the total expenditures or disbursements made in a calendar year:

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(1)
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per cent if the
total expenditures or
disbursements
are under $ ;

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(2)
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per cent if the
total expenditures or
disbursements
are at least $
but less than $ ;

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(3)
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per cent if the
total expenditures or
disbursements
are at least
$ but less than
$ ;

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(4)
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per cent if the
total expenditures or
disbursements
are at least
$ but less than
$ ;

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(5)
�

per cent if the
total expenditures or
disbursements
are at least
$ but less than
$ ; and

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(6)
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per cent if the
total expenditures or
disbursements
are more than
$ .

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(b)
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The
fee shall be deposited into the Hawaii election campaign fund under section
11-421.

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(c)
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The campaign spending commission shall adopt rules pursuant to chapter
91 for the purposes of this section.

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�11-
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Noncandidate committees; electioneering
communications; public review.
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(a)
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Each noncandidate committee that makes an expenditure or a disbursement
for electioneering communications in any calendar year shall submit the
proposed electioneering communications to the office of elections
days before the proposed disclosure date.

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(b)
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The
office of elections shall arrange for the electioneering communications content
to be verified for accuracy by a neutral third-party organization within
days of submission.

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(c)
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If
errors in the electioneering communications are detected by a neutral
third-party organization pursuant to subsection (b), the noncandidate committee
may cure the errors in the electioneering communications and submit the amended
electioneering communications to the office of elections within
days after notification of the errors by the neutral
third-party organization.

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(d)
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The office of elections may provide a public platform for proposed
electioneering communications to be reviewed and verified for accuracy.

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(e)
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As
used in this section "disclosure date" has the same meaning as in
section 11-341.
"

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SECTION
3
.
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Section 11-391,
Hawaii Revised Statutes, is amended by amending subsection (a) to read as
follows:

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"
(a)
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Any advertisement that is broadcast,
televised, circulated, published, distributed, or otherwise communicated,
including by electronic means, shall:

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(1)
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Contain the name
and address of the candidate, candidate committee, noncandidate committee, or
other person paying for the advertisement[
;
]
, in a font size no
smaller than one-half inch if applicable;

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(2)
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Contain a notice
in a prominent location stating either that:

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(A)
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The advertisement has
the approval and authority of the candidate; provided that an advertisement
paid for by a candidate, candidate committee, or ballot issue committee does
not need to include the notice; or

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(B)
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The advertisement has
not been approved by the candidate; and

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(3)
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Not contain false
information about the time, date, place, or means of voting."

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SECTION 4.
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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:

Campaign
Spending Commission; Elections; Super PACs; Noncandidate Committees;
Electioneering Communications; Accuracy; Advertisements

Description:

Establishes
a fee based on the total expenditures or disbursements made by noncandidate
committees within a calendar year.
�

Establishes a process for verification and review of proposed
electioneering communications.
�
Establishes
a minimum font size for certain information that must be included on campaign
advertisements.

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