ADVISORY OPINION NO. 97-04

     This Advisory Opinion addresses the question by a candidate of campaign contribution limits under section 11-204(a) Hawaii Revised Statutes ("HRS"). The candidate asks for clarification on the application of contribution limits for candidates that seek nomination or election to an office other than the office to which they have been elected. For example, a candidate has been elected to a two year office, such as the House of Representatives, but now seeks a four year office such as the Senate. What are the contribution limits that apply to the candidate and what election period applies to the candidate?

     Section 11-204(a) HRS reads as follows:

(a) No person or any other entity shall make contributions to:

(1) A candidate seeking nomination or election to a two-year office or to the candidate’s committee in an aggregate amount greater than $2,000 during an election period; and
(2) A candidate seeking nomination or election to a four-year statewide office or to the candidate’s committee in an aggregate amount greater than $6,000 during an election period; and
(3) A candidate seeking nomination or election to a four-year nonstatewide office or to the candidate’s committee in aggregate amount greater than $4,000 during an election period.

These limits shall not apply to a loan made to a candidate by a financial institution in the ordinary course of business. (Emphasis added)

     Section 11-191 HRS defines an election period as:

"the two-year period between general election days if a candidate is seeking nomination or election to a two-year office and the four-year period between election days if a candidate is seeking nomination or election to a four-year office."

     The problem arises where a candidate has received the limit of $2,000 from a contributor during the election period for a two year office. After the election the candidate decides to run for a four year office, for which the law allows for a contribution limit of $4,000 for the election period. If the same contributor now gives the full $4,000 for the four year office, the candidate will have received $6,000 from the same contributor within the four year period.

     However, section 11-204(a), HRS limits contributions to a candidate within a specific period for the office, i.e. the election period. The contribution limit is specifically related to the candidate and the office that the candidate seeks. A candidate seeking nomination or election to a four year office is limited to the $4,000 for the full four year period from general election to general election.

     The contribution limit period is counted back from the general election that the candidate plans to be on the ballot. For example, if a candidate plans to be on the ballot for the general election in 1998 for a four year office, the four year election period began on the day after the general election in 1994. Even where a candidate ran for a two year office in 1996 and received the allowable contribution limit of $2,000, the $4,000 contribution limit would be applied to the office the candidate is seeking. Where the election period overlaps, contributions received by the candidate from a single contributor for the two year office shall be applied to the contributors limit for the four year office. This interpretation serves to preserve the contribution limits as set forth under section 11-204 (a) HRS for candidates and committees.

     This Advisory Opinion is provided by the Commission as a means of stating its current interpretation of the Hawaii Election Campaign Contributions and Expenditures laws provided under HRS section 11-191, et seq. and the administrative rules of the Commission provided in chapter 2-14, Hawaii Administrative Rules. The Commission may adopt, revise or revoke this Advisory Opinion upon the enactment of amendments to the Hawaii Revised Statutes or the adoption of administrative rules by the Commission.

Dated: Honolulu, Hawaii, December 19, 1997.

CAMPAIGN SPENDING COMMISSION

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A. Duane Black, Chairperson