THE SENATE	S.R. NO.	164
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

SENATE RESOLUTION

 

 

URGING THE CAMPAIGN SPENDING COMMISSION to TAKE all ACTIONS NECESSARY and WITHIN ITS POWER TO ENSURE CANDIDATE COMMITTEES' FULL COMPLIANCE WITH STATE CAMPAIGN FINANCE LAWS.

 

 

     WHEREAS, the State's Campaign Spending Commission was established to maintain the integrity and transparency of the process of funding election campaigns by enforcing campaign finance laws, educating the public, administering public campaign financing, and training campaign committees to comply with applicable laws; and

 

     WHEREAS, the Legislature has assigned the Hawaii State Campaign Spending various powers and duties to enable the Commission to fulfill its mission; and

 

     WHEREAS, section 11-410, Hawaii Revised Statutes, authorizes the Commission to assess fines for violations of campaign finance laws; and

 

     WHEREAS, since 2018, the Legislature has enacted thirty-one measures that have amended the State's campaign financing laws; and

 

     WHEREAS, since 2018, the Commission has not audited any campaign account to verify the accuracy of the campaign's reports and filed documents; and

 

     WHEREAS, the Commission's current strategic plan, adopted in 2018, includes the following goals:

 

     (1)  "To provide training, education, and access to committees for purposes of [increasing] compliance with, and . . . awareness of, campaign finance laws and rules"; and

 

     (2)  "To obtain compliance with campaign finance laws and rules through enforcement actions"; and

 

     WHEREAS, the Commission provides in-person training opportunities only twice per year during election years, and only during normal business hours; and

 

     WHEREAS, ninety percent of candidate committees are managed by volunteers who may not be able to attend in-person training sessions during normal business hours; and

 

     WHEREAS, section 11-340, Hawaii Revised Statutes, authorizes the Commission to fine a candidate committee if the committee files a substantially defective or deficient report and fails to correct the report within the time allowed; and

 

     WHEREAS, the Commission has not adopted rules clearly defining what constitutes a substantially defective or deficient report under section 11-340, Hawaii Revised Statutes; and

 

     WHEREAS, although the Commission has taken some actions to help ensure that candidate committees comply with campaign finance laws, including publishing online a schedule of fines, as well as guidebooks, manuals, on-demand videos, and answers to frequently asked questions, the Commission needs to take additional proactive measures to ensure compliance; and

 

     WHEREAS, the Commission should also make it a priority to ensure that candidates and the volunteers who assist with their campaigns have the information and training necessary to comply with campaign spending laws; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, that the Campaign Spending Commission is urged to:

 

     (1)  Conduct automatic audits of candidate committees that expend more than $500,000 during any election period;

 

     (2)  Subsidize the costs of independent audits for candidate committee that want to undergo independent audits;

 

     (3)  Adopt rules, pursuant to chapter 91, Hawaii Revised Statutes, that clearly define what constitutes a substantially defective or deficient report under section 11-340, Hawaii Revised Statutes, so that candidate committees have the information necessary to submit compliant reports;

 

     (4)  Provide in-person training sessions on a more frequent basis, and during non-business hours, to facilitate campaign volunteers' attendance at those sessions; and

 

     (5)  Take any other actions necessary and within its power to ensure candidate committees' full compliance with state campaign finance laws; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chair and Executive Director of the Campaign Finance Commission, Chairperson of the Elections Commission, and Chief Election Officer.

 

 

 

	OFFERED BY:	_____________________________

 

 

 

Report Title: 

Campaign Spending Commission; Finance; Enforcement; Audits; Training