(a) Expenditures or disbursements for electioneering communications, or any other coordinated activity made by any person for the benefit of a candidate in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a candidate committee, or their agents, shall be considered to be a contribution to the candidate and expenditure by the candidate.

Terms Used In Hawaii Revised Statutes 11-363

  • 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. See Hawaii Revised Statutes 11-302
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Candidate: means an individual who seeks nomination for election or seeks election to office. See Hawaii Revised Statutes 11-302
  • 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. See Hawaii Revised Statutes 11-302
  • Commission: means the campaign spending commission. See Hawaii Revised Statutes 11-302
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Election: means any election for office or for determining a question or issue provided by law or ordinance. See Hawaii Revised Statutes 11-302
  • 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). See Hawaii Revised Statutes 11-302
  • 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. See Hawaii Revised Statutes 11-302
  • 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
(b) The financing by any person of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written or other campaign materials prepared by the candidate, candidate committee, or their agents shall be considered to be a contribution to the candidate.

This subsection shall not apply if the campaign material is:

(1) Prepared and used by candidates for governor or lieutenant governor , or their candidate committees, supporting a co-candidate in the general election;
(2) Disseminated, distributed, or republished by the candidate or the candidate committee that prepared the material;
(3) Incorporated into an advertisement or electioneering communication by a different candidate, or by a noncandidate committee, advocating the defeat of the candidate that originally prepared that material; or
(4) Incorporated into a news story or editorial disseminated by any broadcast station or publisher of periodicals or newspapers, unless the candidate or the candidate committee that prepared the material also owns or controls the broadcast station or publisher.
(c) For purposes of this section, “coordinated activity” means:

(1) The payment by any person in cooperation, consultation, or concert with, at the request of, or pursuant to, any general or particular understanding with a candidate, candidate committee, the party of a candidate, or an agent of a candidate, candidate committee, or the party of a candidate;
(2) The payment by any person for the production, dissemination, distribution, or republication of any written, graphic, or other form of campaign material, in whole or in part, prepared by a candidate, candidate committee, or noncandidate committee, or an agent of a candidate, candidate committee, or noncandidate committee; or
(3) Any payment by any person or contract for any electioneering communication where the payment is coordinated with a candidate, candidate committee, the party of the candidate, or an agent of a candidate, candidate committee, or the party of the candidate.
(d) No expenditure for a candidate who files an affidavit with the commission agreeing to limit aggregate expenditures by the candidate, including coordinated activity by any person, shall be made or incurred by a candidate committee or noncandidate committee without authorization of the candidate or the candidate’s authorized representative. Every expenditure so authorized and made or incurred shall be attributed to the candidate with whom the candidate committee or noncandidate committee is directly associated for the purpose of imposing the expenditure limitations set forth in section 11-423.

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