Hawaii Revised Statutes 11. Elections, Generally

PART I. GENERAL PROVISIONS

• 11-1 Definitions.
  Whenever used in this title, the words and phrases in this title shall, unless the same is inconsistent with the context, be construed as...
• 11-1.5 Office of Elections Established.
  (a) There is established an office of elections to provide support to the chief election officer. The office shall be placed within the department...
• 11-1.6 Appointment of the Chief Election Officer; Requirements; Term; Restrictions; Salary; Reappointment; Removal.
  (a) The chief election officer shall be appointed by the elections commission, without regard to chapter 76. The appointment shall not be subject to...
• 11-1.55 Exemptions.
  The office of elections shall be exempt from section [26-35(a)(1), (4), and (5)] and shall: (1) Make direct communications with the governor and legislature;...
• 11-2 Chief Election Officer; Duties.
  (a) The chief election officer shall supervise all state elections. The chief election officer may delegate responsibilities in state elections within a county to...
• 11-2.5 to 2.7 Repealed.
  L 2004, c 57, §§10 to 12.
• 11-3 Application of Chapter.
  This chapter shall apply to all elections, primary, special primary, general, special general, special, or county, held in the State, under all voting systems...
• 11-4 Rules and Regulations.
  The chief election officer may make, amend, and repeal such rules and regulations governing elections held under this title, election procedures, and the selection,...
• 11-5 Employees.
  (a) Pursuant to section 11-1.55, the chief election officer may employ a staff with or without regard to chapter 76 at the discretion of...
• 11-6 Petitions; Withdrawal of Signatures.
  Wherever in this chapter the signatures of registered voters are required on a petition, any voter who, after signing a petition, seeks to withdraw...
• 11-7 Elections Commission.
  (a) There is established an elections commission within the department of accounting and general services for administrative purposes. The elections commission shall consist of nine...
• 11-7.5 Duties of the Elections Commission.
  The duties of the elections commission are to: (1) Hold public hearings; (2) Investigate and hold hearings for receiving evidence of any violations and...
• 11-8 Elections Commission; Political Activities.
  (a) No elections commission member shall take an active part in political management or in political campaigns. (b) Each elections commission member shall retain...
• 11-8.5 Elections Review Program.
  The elections commission shall develop and implement an elections review program to: (1) Review the operation and performance of elections; (2) Make recommendations to...
• 11-9 Exemptions.
  The elections commission shall be exempt from section [26-35(a)(1), (4), and (5)] and shall: (1) Make direct communications with the governor and legislature; (2)...
• 11-10 Candidates for Public Office; Public Service Announcements; Public Funds.
  (a) No person who is a candidate for public office shall appear in, or lend the person's name, image, or voice to, any public...

PART II. REGISTRATION

• 11-11 Registration.
  A person who registers as required by law shall be entitled to vote at any election provided that the person shall have attained the...
• 11-12 Age; Place of Registering.
  (a) Every person who has reached the age of eighteen years or who is seventeen years of age and will be eighteen years of...
• 11-13 Rules for Determining Residency.
  For the purpose of this title, there can be only one residence for an individual, but in determining residency, a person may treat oneself...
• 11-14 General County Register; Restrictions in Use.
  (a) The clerk of each county shall register all the voters in the clerk's county in the general county register. The register shall contain...
• 11-14.5 Residence Address; Confidentiality.
  (a) If a life threatening circumstance exists to: (1) A law enforcement person; (2) The law enforcement person's family; or (3) Persons otherwise determined by...
• 11-14.6 Repealed.
  L 1997, c 157, §3.
• 11-15 Application to Register.
  (a) Any person qualified to and desiring to register as a voter in any county shall make and subscribe to an application in the...
• 11-15.2 Late Registration.
  [Section effective January 1, 2018.] (a) Notwithstanding the closing of the general county register pursuant to section 11-24, a person who is eligible to...
• 11-15.3 Application to Register Electronically.
  (a) Notwithstanding any law to the contrary, the clerk of each county may permit a person who has valid government-issued identification that is capable...
• 11-15.5 Duties of All State Agencies; Voter Registration.
  Each state agency that deals with the public shall make available to each member of the public eighteen years of age or older an...
• 11-16 Application When Not Made in Person.
  (a) Any qualified person unable for any cause to appear in person before the clerk for registration may register to vote by mail, not...
• 11-17 Removal of Names From Register, When; Reregistration.
  (a) The clerk, not later than 4:30 p.m. on the sixtieth day after every general election, shall remove the name of any registered voter...
• 11-18 Transfer of Registration on Removal From One Precinct to Another in Same County.
  A registered voter who changes residence from one precinct to another prior to any election shall notify the clerk and change the registration to...
• 11-19 Registration From One County to Another.
  Whenever a registered voter changes residence from one county to another, the person shall notify the clerk and change the registration to the proper...
• 11-20 Transfers; Name Changes; Initiated by Clerk.
  (a) The clerks shall use all reliable and pertinent information to keep the general register up to date. The county clerks may request information...
• 11-21 Change of Name, Transfer on Election Day.
  (a) The county clerk may designate a registration clerk, who may be an election official, at any of the polling places in the county...
• 11-22 Changing Register; Correction of Errors.
  (a) The clerk shall correct the register if at any time it shall be manifest to the clerk that the name of a person...
• 11-23 Changing Register; Striking Names of Disqualified Voters.
  (a) Whenever the clerk receives from the department of health or any informing agency, information of the death, loss of voting rights of a...
• 11-24 Closing Register.
  (a) At 4:30 p.m. on the thirtieth day prior to each primary, special primary, or special election, but if the day is a Saturday,...
• 11-25 Challenge by Voters; Grounds; Procedure.
  (a) Any registered voter may challenge the right of a person to be or to remain registered as a voter in any precinct for...
• 11-26 Appeal From Ruling on Challenge; or Failure of Clerk to Act.
  (a) In cases where the clerk, or precinct officials, rules on a challenge on election day, the person ruled against may appeal from the...

PART III. BOARDS OF REGISTRATION

• 11-41 Boards of Registration, Appointment, Tenure.
  (a) There shall be four boards of registration: one for the island of Hawaii; one for the islands of Maui, Molokai, Lanai, and Kahoolawe;...
• 11-42 Compensation.
  Members of the boards of registration shall be compensated pursuant to a schedule established by the chief election officer. The schedule shall be contained...
• 11-43 Powers; Procedures.
  (a) Each board of registration is given all of the powers and authority for the summoning and examining of witnesses and the maintenance of...
• 11-44 Records of Proceedings.
  The several boards of registration shall each keep books of record in which full and detailed minutes shall be preserved of all their proceedings....

PART IV. APPEAL FROM BOARD OF REGISTRATION

• 11-51 Appeal From Board.
  Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(10); appeal to appellate courts, see Hawaii Rules of Appellate Procedure. §11-51 Appeal from...
• 11-52 Hearing; Decision Final.
  Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(10); appeal to appellate courts, see Hawaii Rules of Appellate Procedure. §11-52 Hearing; decision...
• 11-53 Decision, Notice; Action On.
  Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(10); appeal to appellate courts, see Hawaii Rules of Appellate Procedure. §11-53 Decision, notice;...
• 11-54 Status Pending Appeal.
  Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(10); appeal to appellate courts, see Hawaii Rules of Appellate Procedure. §11-54 Status pending...

PART V. PARTIES

• 11-61 "Political Party" Defined.
  State's prohibition on write-in voting, as part of electoral scheme providing constitutionally sufficient ballot access, does not impose unconstitutional burden on voters' rights under...
• 11-62 Qualification of Political Parties; Petition.
  State's prohibition on write-in voting, as part of electoral scheme providing constitutionally sufficient ballot access, does not impose unconstitutional burden on voters' rights under...
• 11-63 Party Rules, Amendments to Be Filed.
  State's prohibition on write-in voting, as part of electoral scheme providing constitutionally sufficient ballot access, does not impose unconstitutional burden on voters' rights under...
• 11-64 Names of Party Officers to Be Filed.
  State's prohibition on write-in voting, as part of electoral scheme providing constitutionally sufficient ballot access, does not impose unconstitutional burden on voters' rights under...
• 11-65 Determination of Party Disqualification; Notice of Disqualification.
  State's prohibition on write-in voting, as part of electoral scheme providing constitutionally sufficient ballot access, does not impose unconstitutional burden on voters' rights under...

PART VI. PRECINCT OFFICIALS AND WATCHERS

• 11-71 Precinct Officials; Precinct Requirements.
  There shall be not less than three precinct officials for each precinct one of whom shall be the chairperson; provided that in precincts where...
• 11-72 Precinct Officials; Submission of Names and Assignment; Vacancies.
  (a) All qualified political parties shall submit names for precinct officials to the chief election officer not later than 4:30 p.m. on the sixtieth...
• 11-73 Instruction of Precinct Officials.
  Prior to any election, the chief election officer or clerk in county elections shall conduct a school of instruction, if deemed necessary, for persons...
• 11-74 Meetings of Precinct Officials; Procedure; Oaths.
  The chairperson of the precinct officials shall preside at all meetings of the precinct officials. Any decision of the precinct officials shall require a...
• 11-75 Duties of Precinct Officials.
  The duties of the precinct officials shall vary with the voting system in use in the precinct. The duties for the particular system shall...
• 11-76 Compensation.
  (a) Electronic ballot and voting machine elections. Precinct officials and related election day nonprofit groups or employees shall be compensated pursuant to a schedule...
• 11-77 Appointment of Watchers; Service.
  (a) Each qualified political party shall be entitled to appoint no more than one watcher who may be present at any time in each...

PART VII. CONDUCT OF ELECTIONS

• 11-91 Proclamation.
  Not later than 4:30 p.m. on the tenth day prior to the close of filing in elections involving state offices the chief election officer...
• 11-91.5 Federal, State, and County Elections by Mail.
  (a) Any federal, state, or county election held other than on the date of a regularly scheduled primary or general election may be conducted...
• 11-92 Repealed.
  L 1983, c 34, §8.
• 11-92.1 Election Proclamation; Establishment of a New Precinct.
  (a) The chief election officer shall issue a proclamation whenever a new precinct is established in any representative district. The chief election officer shall...
• 11-92.2 Multiple Polling Place Sites.
  (a) The chief election officer may establish multiple polling place sites for contiguous precincts, notwithstanding district boundaries, when it is convenient and readily accessible...
• 11-92.3 Consolidated Precincts; Natural Disasters; Postponement; Absentee Voting Required; Special Elections.
  (a) In the event of a flood, tsunami, earthquake, volcanic eruption, high wind, or other natural disaster, occurring prior to an election, that makes...
• 11-93 Voting Units.
  Immediately after the close of registration of voters preceding any election, the chief election officer shall establish one or more voting units in each...
• 11-94 Exemptions of Voters on Election Day.
  Every voter shall be privileged from arrest on election day while at the voter's polling place and in going to and returning therefrom, except...
• 11-95 Employees Entitled to Leave on Election Day for Voting.
  (a) Any voter shall on the day of the election be entitled to be absent from any service or employment in which such voter...
• 11-96 Records Prima Facie Evidence.
  Every record made pursuant to law by a board of registration of voters, or the precinct officials, shall be a prima facie evidence of...
• 11-97 Records Open to Inspection.
  (a) A voter's full name, district/precinct designation, and voter status shall be public; but all other personal information, as provided on the voter registration...
• 11-98 Forms and Materials Used in Elections.
  Books, blanks, records, certificates, and other forms and materials required by this title shall be of uniform character suitable for the voting system in...
• 11-99 Members of Congress, Applicability of Election Laws.
  The nomination and election of a senator or representative to Congress shall be in conformity to the laws applicable to the election of members...

PART VIII. BALLOTS

• 11-111 Official and Facsimile Ballots.
  Ballots issued by the chief election officer in state elections and by the clerk in county elections are official ballots. In elections using the...
• 11-112 Contents of Ballot.
  (a) The ballot shall contain the names of the candidates, their party affiliation or nonpartisanship in partisan election contests, the offices for which they...
• 11-113 Presidential Ballots.
  (a) In presidential elections, the names of the candidates for president and vice president shall be used on the ballot in lieu of the...
• 11-114 Order of Offices on Ballot.
  The order of offices on a ballot shall be arranged substantially as follows: first, president and vice president of the United States; next, United...
• 11-115 Arrangement of Names on the Ballot.
  (a) The names of the candidates shall be placed upon the ballot for their respective offices in alphabetical order except: (1) As provided in...
• 11-116 Checking Ballot Form by Candidates and Parties.
  Facsimiles of all ballot layouts prior to printing shall be available for viewing by the candidates and the parties at the office of the...
• 11-117 Withdrawal of Candidates; Disqualification; Death; Notice.
  (a) Any candidate may withdraw in writing not later than 4:30 p.m. on the day immediately following the close of filing for any reason...
• 11-118 Vacancies; New Candidates; Insertion of Names on Ballots.
  (a) In case of death, withdrawal, or disqualification of any party candidate, the vacancy so caused may be filled by the party. The party...
• 11-118.5 Constitutional Amendments, Proposed.
  Any constitutional amendment proposed by the legislature shall include in final form the exact constitutional ratification question to be printed on a ballot. The...
• 11-119 Printing; Quantity.
  (a) The ballots shall be printed by order of the chief election officer or the clerk in the case of county elections. In any...
• 11-120 Distribution of Ballots; Record.
  The chief election officer or the county clerk in county elections shall forward the official ballots, specimen ballots, and other materials to the precinct...

PART IX. VOTING PROCEDURES

• 11-131 Hours of Voting.
  The polls shall be opened by the precinct officials at 7:00 a.m. of the election day and shall be kept open continuously until 6:00...
• 11-132 Two Hundred Foot Radius; Admission Within Polling Place.
  (a) The precinct officials shall post in a conspicuous place, prior to the opening of the polls, a map designating an area of two...
• 11-133 Voting Booths; Placement of Visual Aids.
  The precinct officials shall provide sufficient voting booths within the polling place at or in which the voters may conveniently cast their ballots. The...
• 11-134 Ballot Transport Containers; Ballot Boxes.
  (a) The seals of the ballot transport containers shall be broken and opened on election day only in the presence of at least two...
• 11-135 Early Collection of Ballots.
  In an electronic ballot system election the chief election officer may authorize collection of voted ballots before the closing of the polls in order...
• 11-136 Poll Book, Identification, Voting.
  Every person upon applying to vote shall sign the person's name in the poll book prepared for that purpose. This requirement may be waived...
• 11-137 Secrecy; Removal or Exhibition of Ballot.
  No person shall look at or ask to see the contents of the ballot or the choice of party or nonpartisan ballot of any...
• 11-138 Time Allowed Voters.
  A voter shall be allowed to remain in the voting booth for five minutes, and having voted the voter shall at once emerge and...
• 11-139 Voting Assistance.
  (a) Except as otherwise provided, any voter who requires assistance to vote at a polling place or by absentee ballot may be given assistance...
• 11-140 Spoiled Ballots.
  In elections using the paper ballot and electronic voting systems, if a voter spoils a ballot, the voter may obtain another upon returning the...

PART X. VOTE DISPOSITION

• 11-151 Vote Count.
  Each contest or question on a ballot shall be counted independently as follows: (1) If the votes cast in a contest or question are...
• 11-152 Method of Counting.
  (a) In an election using the paper ballot voting system, immediately after the close of the polls, the chairperson of the precinct officials shall...
• 11-153 More or Less Ballots Than Recorded.
  (a) If there are more ballots than the poll book indicates, this shall be an overage and if less ballots, it shall be an...
• 11-154 Records, Etc.; Disposition.
  The final duty of the precinct officials in the operation of the precinct shall be to gather all records and supplies delivered to them and...
• 11-155 Certification of Results of Election.
  On receipt of certified tabulations from the election officials concerned, the chief election officer or county clerk in county elections shall compile, certify, and...
• 11-156 Certificate of Election and Certificate of Results, Form.
  The chief election officer or county clerk shall deliver certificates of election to the persons elected as determined under section 11-155. The chief election...
• 11-157 in Case of Tie.
  In case of the failure of an election by reason of the equality of vote between two or more candidates, the tie shall be...

PART XI. ELECTION CONTESTS

• 11-171 Applicability of This Part.
  Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(10); appeal to appellate courts, see Hawaii Rules of Appellate Procedure. §11-171 Applicability of...
• 11-172 Contests for Cause; Generally.
  Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(10); appeal to appellate courts, see Hawaii Rules of Appellate Procedure. §11-172 Contests for...
• 11-173 Repealed.
  Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(10); appeal to appellate courts, see Hawaii Rules of Appellate Procedure. §11-173 REPEALED. L...
• 11-173.5 Contests for Cause in Primary, Special Primary Elections, and County Elections Held Concurrently With a Regularly Scheduled Primary or Special Primary Election.
  Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(10); appeal to appellate courts, see Hawaii Rules of Appellate Procedure. §11-173.5 Contests for...
• 11-174 Repealed.
  Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(10); appeal to appellate courts, see Hawaii Rules of Appellate Procedure. §11-174 REPEALED. L...
• 11-174.5 Contests for Cause in General, Special General, Special, and Runoff Elections.
  Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(10); appeal to appellate courts, see Hawaii Rules of Appellate Procedure. §11-174.5 Contests for...
• 11-175 Powers of Supreme Court; Costs.
  Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(10); appeal to appellate courts, see Hawaii Rules of Appellate Procedure. §11-175 Powers of...
• 11-176 Repealed.
  Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(10); appeal to appellate courts, see Hawaii Rules of Appellate Procedure. §11-176 REPEALED. L...

PART XII. EXPENSES
A. Election Expenses

• 11-181 Capital Equipment.
  The State shall pay for all voting system capital equipment. This shall include, but not be limited to voting machines, voting devices, and initial...
• 11-182 Election Expenses When No County Elections.
  All expenses, including expenses attributable to registration of voters by the county clerk, for state elections conducted in any county which do not involve...
• 11-183 Election Expenses When No State Elections.
  All expenses for county elections which do not involve state offices shall be borne by the county and paid out of such appropriations as...
• 11-184 Election Expenses and Responsibilities in Combined State and County Elections.
  Election expenses in elections involving both state and county offices shall be shared as set forth below: (1) The State shall pay and be...

B. Election Campaign Contributions
and Expenditures--Repealed

• 11-191 to 11-213 [Old] Repealed.
  L 1979, c 224. §§11-191 to 11-225 REPEALED. L 2010, c 211, §9.
• 11-226 Repealed.
  L 2010, c 59, §2 and c 211, §9.
• 11-227 to 11-229 Repealed.
  L 2010, c 211, §9.

PART XIII. CAMPAIGN FINANCE
A. General Provisions

• 11-301 Purpose.
  The purpose of this part is to provide transparency in the campaign finance process. Any ambiguity in the provisions of this part shall be construed...
• 11-302 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...

B. Campaign Spending Commission

• 11-311 Campaign Spending Commission Established; Composition.
  (a) There is established a campaign spending commission, which shall be placed within the department of accounting and general services for administrative purposes. (b)...
• 11-312 Terms of Office.
  The term of each commissioner shall be four years. [L 2010, c 211, pt of §2]
• 11-313 No Compensation.
  The commissioners shall serve without compensation but shall be reimbursed for reasonable expenses, including travel expenses, incurred in the discharge of their duties. [L...
• 11-314 Duties of the Commission.
  The duties of the commission under this part are to: (1) Develop and adopt forms required by this part; (2) Adopt and publish a...
• 11-315 Advisory Opinions.
  The commission may render written advisory opinions upon the request of any candidate, candidate committee, noncandidate committee, or other person or entity subject to...
• 11-316 Political Activities Prohibited.
  (a) No commissioner or employee of the commission shall participate in any political campaign, including making a contribution to a candidate, candidate committee, or...
• 11-317 Exemptions.
  (a) The commission shall be exempt from section 26-35(a)(1), (4), and (5) and shall: (1) Make direct communications with the governor and legislature; (2)...

C. Registration

• 11-321 Registration of Candidate Committee or Noncandidate Committee.
  (a) Each candidate committee or noncandidate committee shall register with the commission by filing an organizational report as set forth in section 11-322 or...
• 11-322 Organizational Report, Candidate Committee.
  (a) The candidate committee organizational report shall include: (1) The committee's name and address, including web page address, if any; (2) The candidate's name,...
• 11-323 Organizational Report, Noncandidate Committee.
  (a) [Subsection effective until December 31, 2015. For subsection effective January 1, 2016, see below.] The noncandidate committee organizational report shall include: (1) The...
• 11-324 Treasurer.
  (a) Every candidate committee or noncandidate committee shall appoint a treasurer on or before the day it files an organizational report. The following shall...
• 11-325 When an Individual May Not Serve As a Committee Officer.
  No candidate committee or noncandidate committee that supports or opposes a candidate shall have an officer who serves as an officer on any other candidate...
• 11-326 Termination of Candidate Committee's or Noncandidate Committee's Registration.
  A candidate committee or noncandidate committee may terminate its registration if: (1) The candidate committee or noncandidate committee: (A) Files a request for registration...
• 11-327 Ballot Issue Committee; Contributions and Expenditures.
  (a) A ballot issue committee shall receive contributions or make expenditures only for or against any issue appearing on the ballot at the next...

D. Reporting and Filing with the Commission

• 11-331 Filing of Reports, Generally.
  (a) Every report required to be filed by a candidate or candidate committee shall be certified as complete and accurate by the candidate and...
• 11-332 Repealed.
  L 2013, c 112, §§11, 15.
• 11-333 Candidate Committee Reports.
  (a) The candidate and treasurer shall file preliminary, final, and supplemental reports that shall disclose the following information: (1) The candidate committee's name and...
• 11-334 Time for Candidate Committee to File Preliminary, Final, and Supplemental Reports.
  (a) The candidate and treasurer of the candidate committee of each candidate whose name will appear on the ballot in the immediately succeeding election...
• 11-335 Noncandidate Committee Reports.
  (a) The authorized person in the case of a party, or treasurer in the case of a noncandidate committee that is not a party, shall...
• 11-336 Time for Noncandidate Committee to File Preliminary, Final, and Supplemental Reports.
  (a) The filing dates for preliminary reports are: (1) Ten calendar days prior to a primary, special, or nonpartisan election; (2) Ten calendar days...
• 11-337 Reporting Expenditures.
  (a) For purposes of this part, an expenditure is deemed to be made or incurred when the services are rendered or the product is delivered....
• 11-338 Late Contributions; Late Expenditures; Report.
  (a) The candidate, authorized person in the case of a noncandidate committee that is a party, or treasurer in the case of a candidate committee...
• 11-339 Final Election Period Report for Candidate Committee or Noncandidate Committee Receiving and Expending $1,000 or Less During the Election Period.
  (a) Any provision of law to the contrary notwithstanding, a candidate committee or noncandidate committee whose aggregate contributions and aggregate expenditures for the election...
• 11-340 Failure to File Report; Filing a Substantially Defective or Deficient Report.
  (a) True and accurate reports shall be filed with the commission on or before the due dates specified in this part. The commission may...
• 11-341 Electioneering Communications; Statement of Information.
  (a) Each person who makes an expenditure for electioneering communications in an aggregate amount of more than $2,000 during any calendar year shall file with...
• 11-342 Fundraiser; Notice of Intent.
  (a) No fundraiser shall be held unless a notice of intent to hold the fundraiser is filed with the commission setting forth the name...
• 11-343 Reporting Deadline.
  When any reporting deadline falls on a Saturday, Sunday, or holiday designated in section 8-1, the reporting deadline shall be the next succeeding day that...
• 11-344 Sale or Use of Information.
  No information in the reports or copies of the reports filed with the commission shall be sold or used by any person for the...

E. Contributions; Prohibitions; Limits

• 11-351 Contributions, Generally.
  (a) Monetary contributions and other campaign funds shall be promptly deposited in a depository institution, as defined by section 412:1-109, duly authorized to do business...
• 11-352 False Name Contributions Prohibited.
  (a) No person shall make a contribution to any candidate, candidate committee, or noncandidate committee in any name other than that of the person...
• 11-353 Anonymous Contributions Prohibited.
  (a) Except as provided in subsection (d), no person shall make an anonymous contribution to any candidate, candidate committee, or noncandidate committee. (b) A...
• 11-354 Fundraising on State or County Property Prohibited.
  (a) Except as provided in subsection (b), no person shall solicit a contribution in a government facility that is used for the discharge of...
• 11-355 Contributions by State and County Contractors Prohibited.
  (a) It shall be unlawful for any person who enters into any contract with the State, any of the counties, or any department or agency...
• 11-356 Contributions by Foreign National or Foreign Corporation Prohibited.
  (a) Except as provided in subsection (b), no contributions or expenditures shall be made to or on behalf of a candidate, candidate committee, or...
• 11-357 Contributions to Candidate Committees; Limits.
  (a) No person shall make contributions to: (1) A candidate seeking nomination or election to a two-year office or to a candidate committee in...
• 11-358 Contributions to Noncandidate Committees; Limits.
  No person shall make contributions to a noncandidate committee in an aggregate amount greater than $1,000 in an election. This section shall not apply...
• 11-359 Family Contributions.
  (a) A contribution by a dependent minor shall be reported in the name of the minor but included in the aggregate contributions of the...
• 11-360 Contributions to a Party.
  (a) No person shall make contributions to a party in an aggregate amount greater than $25,000 in any two-year election period, except as provided...
• 11-361 Aggregation of Contributions and Expenditures.
  (a) All contributions and expenditures of a person whose contributions or expenditures are financed, maintained, or controlled by any corporation, labor organization, association, party,...
• 11-362 Contributions Limited From Nonresident Persons.
  (a) Contributions from all persons who are not residents of the State at the time the contributions are made shall not exceed thirty per...
• 11-363 Other Contributions and Expenditures.
  (a) Expenditures or disbursements for electioneering communications as defined in section 11-341, or any other coordinated activity made by any person for the benefit...
• 11-364 Excess Contribution; Return; Escheat.
  (a) Any candidate, candidate committee, or noncandidate committee that receives in the aggregate more than the applicable contribution limit in section 11-357, 11-358, 11-359,...

F. Loans

• 11-371 Loan to Candidate Committee.
  (a) A candidate or candidate committee may receive a loan from any or all of the following: (1) The candidate's own funds; (2) A...
• 11-372 Reporting Loan; Written Loan Agreement.
  (a) Every loan shall be reported as provided in section 11-333. (b) Every loan in excess of $100 shall be documented as provided in...
• 11-373 Noncandidate Committee Loan Prohibited.
  A noncandidate committee shall not receive or make a loan. [L 2010, c 211, pt of §2]

G. Expenditures

• 11-381 Campaign Funds Only Used for Certain Purposes.
  (a) Campaign funds may be used by a candidate, treasurer, or candidate committee: (1) For any purpose directly related: (A) In the case of...
• 11-382 Prohibited Uses of Campaign Funds.
  Campaign funds shall not be used: (1) To support the campaigns of candidates other than the candidate with which they are directly associated; (2)...
• 11-383 Exceptions.
  Notwithstanding sections 11-381 and 11-382: (1) A party may support more than one candidate; and (2) A candidate for the office of governor or...
• 11-384 Disposition of Campaign Funds; Termination of Registration.
  (a) The candidate committee and candidate who receives contributions for an election but fails to file nomination papers for that election shall return residual...

H. Advertisements

• 11-391 Advertisements.
  (a) Any advertisement that is broadcast, televised, circulated, published, distributed, or otherwise communicated, including by electronic means, shall: (1) Contain the name and address...
• 11-392 House Bulletins.
  The costs of preparing, printing, and circulating house bulletins and the writings, drawings, and photographs contained therein, except for paid political advertisements, shall be...
• 11-393 Identification of Certain Top Contributors to Noncandidate Committees Making Only Independent Expenditures.
  (a) An advertisement shall contain an additional notice in a prominent location immediately after or below the notices required by section 11-391, if the advertisement...

I. Enforcement

• 11-401 Subpoena Powers.
  (a) The commission may subpoena witnesses, examine them under oath, and require the production of books, papers, documents, or objects to the commission office...
• 11-402 Filing of Complaint.
  (a) A person alleging violations of this part shall file a complaint with the commission. (b) A complaint initiated by the commission shall be...
• 11-403 Notice of Complaint; Opportunity to Explain or Respond to Complaint.
  (a) The commission shall give notice of receipt of the complaint and a copy of the complaint to the respondent. (b) The respondent may...
• 11-404 Initial Determination by the Commission.
  The commission shall promptly determine, without regard to chapter 91, to: (1) Summarily dismiss the complaint; (2) Investigate further; (3) Make a preliminary determination;...
• 11-405 Preliminary Determination Regarding Probable Cause.
  (a) Upon hearing the response, if the respondent explains or otherwise responds to the complaint, and upon completion of any investigation, the commission may...
• 11-406 Waiver of Further Proceedings.
  The commission may waive further proceedings due to action the respondent takes to remedy or correct the alleged violation, including the payment of any...
• 11-407 Contested Case Hearing.
  (a) A contested case hearing shall be conducted pursuant to chapter 91 and any rules adopted by the commission, except as provided in this...
• 11-408 Dismissal.
  The complaint shall be dismissed if the commission makes a final determination that there is no violation of this part. [L 2010, c 211,...
• 11-409 Final Determination of Violation; Order.
  If the commission makes a final determination of a violation of this part, its written decision with findings of fact and conclusions of law...
• 11-410 Administrative Fines; Relief.
  (a) The commission may make a decision or issue an order affecting any person violating any provision of this part or section 281-22 that...
• 11-411 Criminal Referral.
  In lieu of an administrative determination that a violation of this part has been committed, the commission may refer the complaint to the attorney...
• 11-412 Criminal Prosecution.
  (a) Any person who recklessly, knowingly, or intentionally violates any provision of this part shall be guilty of a misdemeanor. (b) Any person who...

J. Partial Public Financing

• 11-421 Hawaii Election Campaign Fund; Creation.
  (a) The Hawaii election campaign fund is created as a trust fund within the state treasury. (b) The fund shall consist of: (1) All...
• 11-422 Depletion of Fund.
  (a) The commission shall be under no obligation to provide moneys to candidates if, in the partial public funding program or comprehensive public funding...
• 11-423 Voluntary Expenditure Limits; Filing Affidavit.
  (a) Any candidate may voluntarily agree to limit the candidate's expenditures and those of the candidate's candidate committee or committees and the candidate's party...
• 11-424 Repealed.
  L 2014, c 140, §2.
• 11-425 Maximum Amount of Public Funds Available to Candidate.
  (a) The maximum amount of public funds available in each election to a candidate for the office of governor, lieutenant governor, or mayor shall...
• 11-426 Candidate Exceeds Voluntary Expenditure Limit.
  A candidate who files the affidavit agreeing to limit expenditures and who exceeds the expenditure limit for that election shall: (1) Notify all opponents,...
• 11-427 Reserving Use of Contributions.
  A candidate who files the affidavit voluntarily agreeing to limit expenditures and who receives contributions that in aggregate exceed the expenditure limit for an...
• 11-428 Eligibility Requirements for Public Funds.
  In order to be eligible to receive public funds for an election, a candidate shall certify that the candidate will meet all the following...
• 11-429 Minimum Qualifying Contribution Amounts; Qualifying Contribution Statement.
  (a) As a condition of receiving public funds for a primary or general election, a candidate shall not be unopposed in any election for...
• 11-430 Application for Public Funds.
  (a) Each application for public funds shall be signed by the candidate and notarized, and accompanied by the qualifying campaign contribution statement or statements....
• 11-431 Payment to Candidate.
  (a) Upon the commission's approval of the application and statement of qualifying contributions, the commission shall direct the comptroller to distribute matching public funds up...
• 11-432 Use of Public Funds.
  (a) Public funds shall be deposited in a depository institution, as defined in section 412:1-109, duly authorized to do business in the State, such...
• 11-433 Post-Election Report Required.
  The treasurer shall electronically submit an expenditure of public funds report to the commission no later than twenty days after a primary election and...
• 11-434 Post-Election Examination and Audit; Return of Funds.
  (a) The commission shall examine and audit the public funds received by all candidates, qualifying contributions, and the expenditures made by all candidates within...
• 11-435 Report and Recommendation.
  In January of each year, the commission shall submit to the legislature: (1) A study and recommendations of reasonable campaign expenditure and contribution limits...

Last modified: October 27, 2016