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|---|---|---|---|
| 1 | - | HOUSE OF REPRESENTATIVES H.B. NO. 656 THIRTY-FIRST LEGISLATURE, 2021 | |
| 1 | + | HOUSE OF REPRESENTATIVES H.B. NO. 656 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to elections. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 3 | 3 | HOUSE OF REPRESENTATIVES H.B. NO. 656 | |
| 4 | - | THIRTY-FIRST LEGISLATURE, 2021 | |
| 4 | + | THIRTY-FIRST LEGISLATURE, 2021 | |
| 5 | 5 | STATE OF HAWAII | |
| 6 | 6 | ||
| 7 | 7 | HOUSE OF REPRESENTATIVES | |
| 8 | 8 | ||
| 9 | 9 | H.B. NO. | |
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| 11 | 11 | 656 | |
| 12 | 12 | ||
| 13 | 13 | THIRTY-FIRST LEGISLATURE, 2021 | |
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| 17 | 17 | STATE OF HAWAII | |
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| 31 | 31 | A BILL FOR AN ACT | |
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| 36 | 36 | ||
| 37 | 37 | relating to elections. | |
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| 43 | 43 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 47 | - | SECTION 1. Section 11-341, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows: "(d) For purposes of this section: "Disclosure date" means, for every calendar year, the first date by which a person has made expenditures during that same year of more than $2,000 in the aggregate for electioneering communications, and the date of any subsequent expenditures by that person for electioneering communications. "Electioneering communication" means any advertisement that is broadcast from a cable, satellite, television, or radio broadcast station; published in any periodical or newspaper or by electronic means; or sent by mail at a bulk rate, and that: (1) Refers to a clearly identifiable candidate; (2) Is made, or scheduled to be made, either within thirty days prior to a primary or initial special election or within sixty days prior to a general or special election; and (3) Is not susceptible to any reasonable interpretation other than as an appeal to vote for or against a specific candidate. "Electioneering communication" shall not include [communications:] any communication: (1) In a news story or editorial disseminated by any broadcast station or publisher of periodicals or newspapers, unless the facilities are owned or controlled by a candidate, candidate committee, or noncandidate committee; (2) That [constitute expenditures] constitutes an expenditure by the expending organization; (3) In a house [bulletins; or] bulletin; (4) That [constitute] constitutes a candidate debate or forum, or solely [promote] promotes a debate or forum and [are] is made by or on behalf of the person sponsoring the debate or forum[.]; (5) That constitutes communications of a candidate's name on sundry items such as bumper stickers, stickers, or novelty items directly associated with that candidate's campaign committee; or (6) That is an advertisement broadcast, published, or distributed by any candidate or that candidate's candidate committee to promote the election of that candidate or oppose the election of an opponent of that candidate; provided that the advertisement is in compliance with section 11-391." SECTION | |
| 47 | + | SECTION 1. Section 11-302, Hawaii Revised Statutes, is amended by amending the definition of "advertisement" to read as follows: ""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. "Advertisement" excludes communications of a candidate's name on clothing or other attire associated with that candidate's campaign committee." SECTION 2. Section 11-341, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows: "(d) For purposes of this section: "Disclosure date" means, for every calendar year, the first date by which a person has made expenditures during that same year of more than $2,000 in the aggregate for electioneering communications, and the date of any subsequent expenditures by that person for electioneering communications. "Electioneering communication" means any advertisement that is broadcast from a cable, satellite, television, or radio broadcast station; published in any periodical or newspaper or by electronic means; or sent by mail at a bulk rate, and that: (1) Refers to a clearly identifiable candidate; (2) Is made, or scheduled to be made, either within thirty days prior to a primary or initial special election or within sixty days prior to a general or special election; and (3) Is not susceptible to any reasonable interpretation other than as an appeal to vote for or against a specific candidate. "Electioneering communication" shall not include [communications:] any communication: (1) In a news story or editorial disseminated by any broadcast station or publisher of periodicals or newspapers, unless the facilities are owned or controlled by a candidate, candidate committee, or noncandidate committee; (2) That [constitute expenditures] constitutes an expenditure by the expending organization; (3) In a house [bulletins; or] bulletin; (4) That [constitute] constitutes a candidate debate or forum, or solely [promote] promotes a debate or forum and [are] is made by or on behalf of the person sponsoring the debate or forum[.]; (5) That constitutes communications of a candidate's name on clothing or other attire, on yard signs, or on sundry items such as bumper stickers, stickers, or novelty items directly associated with that candidate's campaign committee; or (6) That is an advertisement broadcast, published, or distributed by any candidate or that candidate's candidate committee to promote the election of that candidate or oppose the election of an opponent of that candidate; provided that the advertisement is in compliance with section 11-391." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ | |
| 48 | 48 | ||
| 49 | - | SECTION 1. Section 11-341, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows: | |
| 49 | + | SECTION 1. Section 11-302, Hawaii Revised Statutes, is amended by amending the definition of "advertisement" to read as follows: | |
| 50 | + | ||
| 51 | + | ""Advertisement" means any communication, excluding sundry items such as bumper stickers, that: | |
| 52 | + | ||
| 53 | + | (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 | |
| 54 | + | ||
| 55 | + | (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. | |
| 56 | + | ||
| 57 | + | "Advertisement" excludes communications of a candidate's name on clothing or other attire associated with that candidate's campaign committee." | |
| 58 | + | ||
| 59 | + | SECTION 2. Section 11-341, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows: | |
| 50 | 60 | ||
| 51 | 61 | "(d) For purposes of this section: | |
| 52 | 62 | ||
| 53 | 63 | "Disclosure date" means, for every calendar year, the first date by which a person has made expenditures during that same year of more than $2,000 in the aggregate for electioneering communications, and the date of any subsequent expenditures by that person for electioneering communications. | |
| 54 | 64 | ||
| 55 | 65 | "Electioneering communication" means any advertisement that is broadcast from a cable, satellite, television, or radio broadcast station; published in any periodical or newspaper or by electronic means; or sent by mail at a bulk rate, and that: | |
| 56 | 66 | ||
| 57 | 67 | (1) Refers to a clearly identifiable candidate; | |
| 58 | 68 | ||
| 59 | 69 | (2) Is made, or scheduled to be made, either within thirty days prior to a primary or initial special election or within sixty days prior to a general or special election; and | |
| 60 | 70 | ||
| 61 | 71 | (3) Is not susceptible to any reasonable interpretation other than as an appeal to vote for or against a specific candidate. | |
| 62 | 72 | ||
| 63 | 73 | "Electioneering communication" shall not include [communications:] any communication: | |
| 64 | 74 | ||
| 65 | 75 | (1) In a news story or editorial disseminated by any broadcast station or publisher of periodicals or newspapers, unless the facilities are owned or controlled by a candidate, candidate committee, or noncandidate committee; | |
| 66 | 76 | ||
| 67 | 77 | (2) That [constitute expenditures] constitutes an expenditure by the expending organization; | |
| 68 | 78 | ||
| 69 | 79 | (3) In a house [bulletins; or] bulletin; | |
| 70 | 80 | ||
| 71 | 81 | (4) That [constitute] constitutes a candidate debate or forum, or solely [promote] promotes a debate or forum and [are] is made by or on behalf of the person sponsoring the debate or forum[.]; | |
| 72 | 82 | ||
| 73 | - | (5) That constitutes communications of a candidate's name on sundry items such as bumper stickers, stickers, or novelty items directly associated with that candidate's campaign committee; or | |
| 83 | + | (5) That constitutes communications of a candidate's name on clothing or other attire, on yard signs, or on sundry items such as bumper stickers, stickers, or novelty items directly associated with that candidate's campaign committee; or | |
| 74 | 84 | ||
| 75 | 85 | (6) That is an advertisement broadcast, published, or distributed by any candidate or that candidate's candidate committee to promote the election of that candidate or oppose the election of an opponent of that candidate; provided that the advertisement is in compliance with section 11-391." | |
| 76 | 86 | ||
| 77 | - | SECTION | |
| 87 | + | SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. | |
| 78 | 88 | ||
| 79 | - | SECTION | |
| 89 | + | SECTION 4. This Act shall take effect upon its approval. | |
| 80 | 90 | ||
| 81 | - | Report Title: Electioneering Communications; Exclusions; Reporting Requirements Description: Excludes sundry items and advertisements made by a candidate or the candidate's candidate committee from electioneering communication reporting requirements. Effective 7/1/2112. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
| 91 | + | ||
| 92 | + | ||
| 93 | + | INTRODUCED BY: _____________________________ | |
| 94 | + | ||
| 95 | + | INTRODUCED BY: | |
| 96 | + | ||
| 97 | + | _____________________________ | |
| 98 | + | ||
| 99 | + | ||
| 100 | + | ||
| 101 | + | ||
| 102 | + | ||
| 103 | + | Report Title: Campaign Advertisements; Electioneering Communications; Reporting Requirements Description: Excludes from the definition of "advertisement" communications on clothing and other attire associated with a candidate's candidate committee. Removes clothing, other attire, yard signs, and sundry items and advertisements made by a candidate or candidate's candidate committee from electioneering communication reporting requirements. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
| 82 | 104 | ||
| 83 | 105 | ||
| 84 | 106 | ||
| 85 | 107 | ||
| 86 | 108 | ||
| 87 | 109 | Report Title: | |
| 88 | 110 | ||
| 89 | - | Electioneering Communications; | |
| 111 | + | Campaign Advertisements; Electioneering Communications; Reporting Requirements | |
| 90 | 112 | ||
| 91 | 113 | ||
| 92 | 114 | ||
| 93 | 115 | Description: | |
| 94 | 116 | ||
| 95 | - | Excludes sundry items and advertisements made by a candidate or | |
| 117 | + | Excludes from the definition of "advertisement" communications on clothing and other attire associated with a candidate's candidate committee. Removes clothing, other attire, yard signs, and sundry items and advertisements made by a candidate or candidate's candidate committee from electioneering communication reporting requirements. | |
| 96 | 118 | ||
| 97 | 119 | ||
| 98 | 120 | ||
| 99 | 121 | ||
| 100 | 122 | ||
| 101 | 123 | ||
| 102 | 124 | ||
| 103 | 125 | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |