(a) All contributions and expenditures of a person whose contributions or expenditures are financed, maintained, or controlled by any corporation, labor organization, association, party, or any other person, including any parent, subsidiary, branch, division, department, or local unit of the corporation, labor organization, association, party, political committees established and maintained by a national political party, or by any group of those persons shall be considered to be made by a single person.

Terms Used In Hawaii Revised Statutes 11-361

  • Candidate: means an individual who seeks nomination for election or seeks election to office. See Hawaii Revised Statutes 11-302
  • 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. See Hawaii Revised Statutes 11-302
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Dependent: A person dependent for support upon another.
  • 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. See Hawaii Revised Statutes 11-302
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Individual: means a natural person. See Hawaii Revised Statutes 11-302
  • 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. See Hawaii Revised Statutes 11-302
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party: means any political party that satisfies the requirements of section 11-61. See Hawaii Revised Statutes 11-302
  • 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. See Hawaii Revised Statutes 11-302
  • 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. See Hawaii Revised Statutes 11-302
(b) A contribution by a partnership shall not exceed the limitations in this section and shall be attributed to the partnership and to each partner in direct proportion to the partner’s share of the partnership profits, according to instructions that shall be provided by the partnership to the party, candidate, or committee receiving the contribution.
(c) A contribution by a limited liability company shall be treated as follows:

(1) A contribution by a limited liability company that is treated as a partnership by the Internal Revenue Service shall be considered a contribution from a partnership;
(2) A contribution by a limited liability company that is treated as a corporation by the Internal Revenue Service shall be considered a contribution from a corporation;
(3) A contribution by a limited liability company with a single individual member that is not treated as a corporation by the Internal Revenue Service shall be attributed only to that single individual member; and
(4) A limited liability company that makes a contribution shall, at the time the limited liability company makes the contribution, provide information to the party, committee, or candidate receiving the contribution specifying how the contribution is to be attributed.
(d) A person’s contribution to a party that is earmarked for a candidate or candidates shall be included in the aggregate contributions of both the person and the party. The earmarked funds shall be promptly distributed by the party to the candidate.
(e) A contribution by a dependent minor shall be reported in the name of the minor but included in the aggregate contributions of the minor’s parent or guardian.