Title 2, Elections

§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 file preliminary, final, and supplemental reports that disclose the following information: (b) Schedules filed…

§11-336 Time for noncandidate committee to file preliminary, final, and supplemental reports. (a) The filing dates for preliminary reports are: Each preliminary report shall be current through the fifth calendar day prior to the filing of the report. (b) The filing date for the f…

§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. Services rendered or products delivered for use during a reporting period are deemed delivered or rendered du…

§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 or other noncandidate committee, that, within the period of fourteen calendar day…

§11-339 Candidate committees or noncandidate committees receiving and expending $1,000 or less in an election period. (a) Any provision of law to the contrary notwithstanding, a candidate committee or noncandidate committee whose aggregate contributions and aggregate expenditures…

§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 assess a fine against a person that is required to file a r…

§11-341 Electioneering communications; statement of information. (a) Each person who makes an expenditure for electioneering communications in an aggregate amount of more than $1,000 during any calendar year shall file with the commission a statement of information within twenty-…

[§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 is not a Saturday, Sunday, or holiday. [L 2010, c 211, pt of §2]

[§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 purpose of soliciting contributions or for any commercial purpose. [L 2010, c 211, pt of §2]

[§11-345] Donors; consent; notice. (a) A nonprofit organization subject to this chapter and operating as a noncandidate committee may use a donation for electioneering communications, independent expenditures, or contributions only upon receipt of written consent from the donor t…

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 in the State, including a bank, sa…

[§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 who owns the money, property, or service. (b) All contributions made in the name of a …

§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 candidate, candidate committee, or noncandidate committee shall not knowing…

[§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 official duties by an officer or employee of the State or county. (b) The proh…

[§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 thereof either for the rendition of personal services, the buying of property,…

[§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 noncandidate committee, by a foreign national or foreign…

[§11-357] Contributions to candidate committees; limits. (a) No person shall make contributions to: (b) For purposes of this section, the length of term of an office shall be the usual length of term of the office as unaffected by reapportionment, a special election to fill a vac…

[§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 to ballot issue committees. [L 2010, c 211, pt of §2]

§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 minor's parent or guardian. (b) A contribution by the candidate's immediate family shall be exempt from section 11-3…

[§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 in subsection (b). (b) No political committee established and maintained by a national political p…

[§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, or any other person, including any p…

[§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 cent of the total contributions received by a candidate or candidate committee for ea…

§11-363 Other contributions and expenditures. (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…

§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, or 11-360 shall return any excess contribution to the cont…

§11-365 Contributions and expenditures by lobbyists prohibited during legislative session. (a) During any regular session or special session of the legislature, including any extension of any regular session or special session and any legislative recess days, holidays, and weeken…

[§11-366] Solicitations relating to disasters. (a) No candidate, candidate committee, or noncandidate committee shall solicit a contribution in a manner that would lead a reasonable person to believe that the solicited contribution would primarily be used to provide assistance to…

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: (b) For purposes of this section, a "loan" does not include expenditures made on behalf of a candidate committee by a candidate, volunteer, …

[§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 section 11-333. (c) A loan shall be treated as a contribution, subject to all relevant provisions …

[§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: (b) Campaign funds may be used for the candidate's next subsequent election upon registration for the election pursuant to sect…

[§11-382] Prohibited uses of campaign funds. Campaign funds shall not be used:

[§11-383] Exceptions. Notwithstanding sections 11-381 and 11-382:

[§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 funds to the contributors no later than ninety da…

H. Advertisements §11-391 Advertisements. (a) Any advertisement that is broadcast, televised, circulated, published, distributed, or otherwise communicated, including by electronic means, shall: (b) The fine for violation of this section, if assessed by the commission, shall not …

[§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 exempt from the provisions of this part. [L 2010, c 211, pt of §2]

§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 advertisem…

§11-4 Rules. The chief election officer may make, amend, and repeal rules governing elections held under this title, election procedures, and the selection, establishment, use, and operation of all voting systems now in use or to be adopted in the State, and all other similar mat…

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 or at any place in the State whether or not the subpoena is in connection with…

[§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 in writing and signed by the executive director. (c) A complaint by a person other than the executive dire…

§11-403 Notice of complaint; opportunity to explain or respond to complaint; failure 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 explain or otherwise res…

[§11-404] Initial determination by the commission. The commission shall promptly determine, without regard to chapter 91, to:

§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 make a prompt preliminary determination as to whether probabl…

[§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 administrative fine. The commission shall make the remedial or corrective action taken…

[§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 section. (b) If a hearing is held before the commission, the commission shall not be bound by strict rules …

[§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, pt of §2]

[§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 may order any of the following:

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; one for the island of Oahu; and one for the islands of Ka…

§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 that may provide for the assessment of an administrative fine as follows: provided that whenever a corporation, organization, a…

§11-411 Criminal referral. In addition to an administrative determination that a violation of this part has been committed, the commission may refer the complaint to the attorney general or county prosecutor at any time the commission believes the respondent may have recklessly, …

§11-412 Criminal prosecution. (a) Any person who recklessly, knowingly, or intentionally violates any provision of this part shall be guilty of a misdemeanor, unless another criminal penalty is specified. (b) Any person who knowingly or intentionally falsifies any report required…