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SR164
THE SENATE
S.R. NO.
164
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
SENATE RESOLUTION
URGING THE CAMPAIGN SPENDING COMMISSION to TAKE all ACTIONS
NECESSARY and WITHIN ITS POWER TO ENSURE CANDIDATE COMMITTEES' FULL COMPLIANCE
WITH STATE CAMPAIGN FINANCE LAWS
.
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WHEREAS, the State's
Campaign Spending Commission was established to maintain the integrity and
transparency of the process of funding election campaigns by enforcing campaign
finance laws, educating the public, administering public campaign financing,
and training campaign committees to comply with applicable laws; and
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WHEREAS, the
Legislature has assigned the Hawaii State Campaign Spending various powers and duties
to enable the Commission to fulfill its mission; and
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WHEREAS,
section 11-410, Hawaii Revised Statutes, authorizes the Commission to assess
fines for violations of campaign finance laws; and
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WHEREAS, since
2018, the Legislature has enacted thirty-one measures that have amended the State's
campaign financing laws; and
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WHEREAS, since
2018, the Commission has not audited any campaign account to verify the
accuracy of the campaign's reports and filed documents; and
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WHEREAS, the
Commission's current strategic plan, adopted in 2018, includes the following
goals:
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(1)
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"To provide training, education, and
access to committees for purposes of [increasing] compliance with, and . . . awareness
of, campaign finance laws and rules"; and
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(2)
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"To obtain compliance with campaign
finance laws and rules through enforcement actions"; and
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WHEREAS, the
Commission provides in-person training opportunities only twice per year during
election years, and only during normal business hours; and
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WHEREAS, ninety
percent of candidate committees are managed by volunteers who may not be able
to attend in-person training sessions during normal business hours; and
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WHEREAS, section
11-340, Hawaii Revised Statutes, authorizes the Commission to fine a candidate committee
if the committee files a substantially defective or deficient report and fails
to correct the report within the time allowed; and
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WHEREAS, the
Commission has not adopted rules clearly defining what constitutes a
substantially defective or deficient report under section 11-340, Hawaii
Revised Statutes; and
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WHEREAS, although
the Commission has taken some actions to help ensure that candidate committees
comply with campaign finance laws, including publishing online a schedule of
fines, as well as guidebooks, manuals, on-demand videos, and answers to
frequently asked questions, the Commission needs to take additional proactive measures
to ensure compliance; and
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WHEREAS, the
Commission should also make it a priority to ensure that candidates and the
volunteers who assist with their campaigns have the information and training
necessary to comply with campaign spending laws; now, therefore,
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BE IT
RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii,
Regular Session of 2026, that the Campaign Spending Commission is urged to:
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(1)
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Conduct automatic audits of candidate
committees that expend more than $500,000 during any election period;
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(2)
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Subsidize the costs of independent audits for
candidate committee that want to undergo independent audits;
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(3)
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Adopt rules, pursuant to chapter 91, Hawaii
Revised Statutes, that clearly define what constitutes a substantially
defective or deficient report under section 11-340, Hawaii Revised Statutes, so
that candidate committees have the information necessary to submit compliant
reports;
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(4)
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Provide in-person training sessions on a more
frequent basis, and during non-business hours, to facilitate campaign volunteers'
attendance at those sessions; and
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(5)
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Take any other actions necessary and within
its power to ensure candidate committees' full compliance with state campaign
finance laws; and
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BE IT FURTHER
RESOLVED that certified copies of this Resolution be transmitted to the Chair
and Executive Director of the Campaign Finance Commission, Chairperson of the
Elections Commission, and Chief Election Officer.
OFFERED BY:
_____________________________
Report Title:
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Campaign
Spending Commission; Finance; Enforcement; Audits; Training