Definitions
HRS §11-302
in effect11-302. Definitions
When used in this part:
"Advertisement" means any
communication, excluding sundry items such as bumper stickers, that:
(1) Identifies a candidate directly or by implication,
or identifies an issue or question that will appear on the ballot at the next
applicable election; and
(2) Advocates or supports the nomination, opposition,
or election of the candidate, or advocates the passage or defeat of the issue
or question on the ballot.
"Ballot issue committee" means a
noncandidate committee that has the exclusive purpose of making or receiving
contributions, making expenditures, or incurring financial obligations for or
against any question or issue appearing on the ballot at the next applicable
election.
"Campaign funds" means contributions,
interest, rebates, refunds, loans, or advances received by a candidate
committee or noncandidate committee.
"Candidate" means an individual who
seeks nomination for election or seeks election to office. An individual
remains a candidate until the individual's candidate committee terminates
registration with the commission. An individual is a candidate if the
individual does any of the following:
(1) Files nomination papers for an office for the
individual with the county clerk's office or with the chief election officer's
office, whichever is applicable;
(2) Receives contributions, makes expenditures, or
incurs financial obligations of more than $100 to bring about the individual's
nomination for election, or to bring about the individual's election to office;
(3) Gives consent for any other person to receive
contributions, make expenditures, or incur financial obligations to aid the
individual's nomination for election, or the individual's election, to office;
or
(4) Is certified to be a candidate by the chief
election officer or county clerk.
"Candidate committee" means an
organization, association, or individual that receives campaign funds, makes
expenditures, or incurs financial obligations on behalf of a candidate with the
candidate's authorization.
"Clearly identified" means the inclusion
of name, photograph or other similar image, or other unambiguous identification
of a candidate.
"Commission" means the campaign
spending commission.
"Commissioner" means any person
appointed to the commission.
"Contribution" means:
(1) A gift, subscription, deposit of money or
anything of value, or cancellation of a debt or legal obligation and includes
the purchase of tickets to fundraisers, for the purpose of:
(A) Influencing the nomination for election,
or the election, of any person to office;
(B) Influencing the outcome of any question or
issue that has been certified to appear on the ballot at the next applicable
election; or
(C) Use by any candidate committee or
noncandidate committee for the purpose of subparagraph (A) or (B);
(2) The payment, by any person or party other than a
candidate, candidate committee, or noncandidate committee, of compensation for
the services of another person that are rendered to the candidate, candidate committee,
or noncandidate committee without charge or at an unreasonably low charge for a
purpose listed in paragraph (1);
(3) A contract, promise, or agreement to make a
contribution; or
(4) Any loans or advances that are not documented or
disclosed to the commission as provided in section 11-372;
"Contribution" does not include:
(1) Services voluntarily provided without
compensation by individuals to or on behalf of a candidate, candidate
committee, or noncandidate committee;
(2) A candidate's expenditure of the candidate's own
funds; provided that this expenditure shall be reportable as other receipts and
expenditures;
(3) Any loans or advances to the candidate committee;
provided that these loans or advances shall be reported as loans; or
(4) An individual, candidate committee, or
noncandidate committee engaging in internet activities for the purpose of
influencing an election if:
(A) The individual, candidate committee, or
noncandidate committee is uncompensated for the internet activities; or
(B) The individual, candidate committee, or
noncandidate committee uses equipment or services for uncompensated internet
activities, regardless of who owns the equipment and services.
"Earmarked funds" means contributions
received by a candidate committee or noncandidate committee on the condition
that the funds be contributed to or expended on certain candidates, issues, or
questions.
"Election" means any election for
office or for determining a question or issue provided by law or ordinance.
"Election period" means:
(1) The two-year time period between the day after
the general election through the day of the next general election, if a
candidate is seeking nomination or election to a two-year office;
(2) The four-year time period between the day after
the general election through the day of the next general election, if a
candidate is seeking nomination or election to a four-year office; or
(3) For a special election, the period between the
day after the general election for that office through the day of the special
election.
"Equipment and services" includes
computers, software, internet domain names, internet service providers, and any
other technology that is used to provide access to or use of the Internet.
"Expenditure" means:
(1) Any purchase or transfer of money or anything of
value, or promise or agreement to purchase or transfer money or anything of
value, or payment incurred or made, or the use or consumption of a nonmonetary
contribution for the purpose of:
(A) Influencing the nomination for election,
or the election, of any person seeking nomination for election or election to
office, whether or not the person has filed the person's nomination papers;
(B) Influencing the outcome of any question or
issue that has been certified to appear on the ballot at the next applicable
election; or
(C) Use by any party for the purposes set out
in subparagraph (A) or (B);
(2) Any payment, by any person other than a
candidate, candidate committee, or noncandidate committee, of compensation for
the services of another person that are rendered to the candidate, candidate
committee, or noncandidate committee for any of the purposes mentioned in
paragraph (1)(A); provided that payment under this paragraph shall include
provision of services without charge; or
(3) The expenditure by a candidate of the candidate's
own funds for the purposes set out in paragraph (1)(A).
"Expenditure" does not include:
(1) Services voluntarily provided without
compensation by individuals to or on behalf of a candidate, candidate
committee, or noncandidate committee;
(2) Voter registration efforts that are nonpartisan;
or
(3) An individual, candidate committee, or
noncandidate committee engaging in internet activities for the purpose of
influencing an election if:
(A) The individual, candidate committee, or
noncandidate committee is uncompensated for internet activities; or
(B) The individual, candidate committee, or
noncandidate committee uses equipment or services for uncompensated internet
activities, regardless of who owns the equipment and services;
provided that the internet activity exclusion does
not apply to any payment for an advertisement other than a nominal fee; the
purchase or rental of an electronic address list made at the direction of a candidate
committee or noncandidate committee; or an electronic mail address list that is
transferred to a candidate committee or noncandidate committee.
"House bulletin" means a
communication sponsored by any person in the regular course of publication for
limited distribution primarily to its employees or members.
"Immediate family" means a candidate's
spouse or reciprocal beneficiary, as defined in section 572C-3, and any child,
parent, grandparent, brother, or sister of the candidate, and the spouses or
reciprocal beneficiaries of such persons.
"Independent expenditure" means an
expenditure by a person expressly advocating the election or defeat of a
clearly identified candidate that is not made in concert or cooperation with or
at the request or suggestion of the candidate, the candidate committee, a
party, or their agents.
"Individual" means a natural person.
"Internet activities" include:
(1) Sending or forwarding electronic messages;
(2) Providing a hyperlink or other direct access to
another person's website;
(3) Blogging;
(4) Creating, maintaining, or hosting a website;
(5) Paying a nominal fee for the use of another
person's website; and
(6) Any other form of communication distributed over
the Internet.
"Limited liability company" means a
business entity that is recognized as a limited liability company under the
laws of the state in which it is established.
"Loan" means an advance of money,
goods, or services, with a promise to repay in full or in part within a
specified period of time. A loan does not include expenditures made on behalf
of a candidate committee or noncandidate committee by a candidate, volunteer,
or employee if:
(1) The candidate, volunteer, or employee's aggregate
expenditures do not exceed $1,500 within a thirty-day period;
(2) A dated receipt and a written description of the
name and address of each payee and the amount, date, and purpose of each
expenditure is provided to the candidate committee or noncandidate committee
before the candidate committee or noncandidate committee reimburses the
candidate, volunteer, or employee; and
(3) The candidate committee or noncandidate committee
reimburses the candidate, volunteer, or employee within forty-five days of the
expenditure being made.
"Newspaper" means a publication of
general distribution in the State issued once or more per month, which is
written and published in the State.
"Noncandidate committee" means an
organization, association, party, or individual that has the purpose of making
or receiving contributions, making expenditures, or incurring financial
obligations to influence the nomination for election, or the election, of any
candidate to office, or for or against any question or issue on the ballot;
provided that a noncandidate committee does not include:
(1) A candidate committee;
(2) Any individual making a contribution or making an
expenditure of the individual's own funds or anything of value that the
individual originally acquired for the individual's own use and not for the
purpose of evading any provision of this part; or
(3) Any organization that raises or expends funds for
the sole purpose of producing and disseminating informational or educational
communications that are not made to influence the outcome of an election,
question, or issue on a ballot.
"Office" means any Hawaii elective
public or constitutional office, excluding county neighborhood board and
federal elective offices.
"Other receipts" means the candidate's
own funds, interest, rebates, refunds, and any other funds received by a candidate
committee or noncandidate committee, but does not include contributions
received from other persons or loans.
"Party" means any political party
that satisfies the requirements of section 11-61.
"Person" means an individual, a partnership,
a candidate committee or noncandidate committee, a party, an association, a corporation,
a business entity, an organization, or a labor union and its auxiliary
committees.
"Political committees established and
maintained by a national political party" means:
(1) The National Committee;
(2) The House Campaign Committee; and
(3) The Senate Campaign Committee.
"Qualifying contribution" means an
aggregate monetary contribution of $100 or less by an individual Hawaii
resident during a matching payment period that is received after a candidate
files a statement of intent to seek public funds. A qualifying contribution
does not include a loan, an in-kind contribution, or the candidate's own funds.
"Special election" means any election
other than a primary or general election.
"Treasurer" means a person appointed
under section 11-324 and unless expressly indicated otherwise, includes deputy
treasurers.
[L 2010, c 211, pt of §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol01_Ch0001-0042F/HRS0011/HRS_0011-0302.htmFetched: 11/10/2026