HOUSE OF REPRESENTATIVES	H.B. NO.	164
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to electioneering communications.

 

 

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

 

     SECTION 1.  Section 11-341, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (d) to read as follows:

     "(d)  For purposes of this section:

     "Disclosure date" means, for every calendar year[, the first date by which a person has made expenditures during that same year of more than $2,000 in the aggregate for electioneering communications, and the date of any subsequent expenditures by that person for electioneering communications.]:

     (1)  The first date on which an electioneering communication is publicly distributed; provided that the person making the electioneering communication has made expenditures for electioneering communications of more than $2,000 in the aggregate during that same year; and

     (2)  Any other date on which an electioneering communication is publicly distributed during that same year; provided that the person making the electioneering communication has made expenditures for electioneering communications of more than $2,000 in the aggregate since the most recent disclosure date during that calendar year.

     "Electioneering communication" means any advertisement that is broadcast from a cable, satellite, television, or radio broadcast station; published in any periodical or newspaper or by electronic means; or sent by mail [at a bulk rate], and that:

     (1)  Refers to a clearly identifiable candidate;

     (2)  Is made, or scheduled to be made, either within thirty days prior to a primary or initial special election or within sixty days prior to a general or special election; and

     (3)  Is not susceptible to any reasonable interpretation other than as an appeal to vote for or against a specific candidate.

     "Electioneering communication" shall not include communications:

     (1)  In a news story or editorial disseminated by any broadcast station or publisher of periodicals or newspapers, unless the facilities are owned or controlled by a candidate, candidate committee, or noncandidate committee;

    [(2)  That constitute expenditures by the expending organization;

     (3)  In house]  (2)  In-house bulletins; or

    [(4)] (3)  That constitute a candidate debate or forum, or solely promote a debate or forum and are made by or on behalf of the person sponsoring the debate or forum."

     2.  By repealing subsection (e):

     "[(e)  For purposes of this section, a person shall be treated as having made an expenditure if the person has executed a contract to make the expenditure.]"

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________
	By Request

 

Report Title:

Hawaii Campaign Spending Commission Package; Electioneering Communication; Disclosure Dates

 

Description:

Amends the definition of "disclosure date" in section 11-341(d), HRS, to mean the date when the electioneering communication is publicly distributed.  Expands the definition of "electioneering communication" in section 11-341(d), HRS, to apply to advertisements sent by any mail rate and those that are expenditures of an organization.  Repeals section 11-341(e), HRS.

 

 

 

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