Hawaii 2023 Regular Session

Hawaii House Bill HB98

Introduced
1/19/23  

Caption

Relating To Complaints Alleging Violations Of Campaign Spending Laws.

Impact

The impact of HB98 would fundamentally alter the way complaints are processed within the framework of campaign finance in Hawaii. Previously, respondents had to explicitly acknowledge violations after a complaint was raised. This bill shifts the burden on respondents by allowing the Commission to draw adverse conclusions based solely on a lack of response. Such a move could lead to increased accountability among candidates and political entities concerning their campaign finance practices, potentially deterring future violations.

Summary

House Bill 98 proposes amendments to the Hawaii Revised Statutes concerning complaints allege violations of campaign spending laws. The main intention of the bill is to empower the Campaign Spending Commission by allowing it to interpret a respondent's failure to respond to complaints as an admission of a violation. This change aims to streamline the process for handling complaints and enforce compliance with the established campaign spending regulations. By clarifying the response expectations from respondents, the bill seeks to uphold integrity within the campaign finance system in Hawaii.

Contention

However, the bill has stirred debate among lawmakers and advocacy groups regarding the fairness of treating silence as an admission of guilt. Critics argue that it could infringe upon the rights of respondents and may not provide them with adequate opportunity to defend themselves against allegations. Although proponents believe that it simplifies complaints processing and ensures compliance, opponents fear that it may undermine due process and the principle of innocent until proven guilty. These discussions highlight the balance that needs to be struck between enforcing campaign laws and maintaining strong democratic principles.

Companion Bills

HI SB203

Same As Relating To Complaints Alleging Violations Of Campaign Spending Laws.

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