Hawaii 2023 Regular Session

Hawaii Senate Bill SB203

Introduced
1/19/23  
Refer
1/23/23  
Report Pass
2/13/23  
Engrossed
2/15/23  
Refer
3/9/23  
Report Pass
3/29/23  
Report Pass
4/27/23  
Report Pass
4/27/23  
Enrolled
5/2/23  
Chaptered
6/23/23  

Caption

Relating To Complaints Alleging Violations Of Campaign Spending Laws.

Impact

The proposed changes to existing law would significantly alter the process by which complaints regarding campaign spending are handled. By formalizing the presumption of guilt in cases of non-response, SB203 seeks to encourage respondents to actively participate in the complaint process, thus promoting compliance with campaign finance laws. The law aims to strengthen oversight and enhance the integrity of the electoral process in Hawaii, potentially leading to greater public trust in political campaigns and candidates. This change may fundamentally change the legal landscape for political candidates and organizations in the state.

Summary

Senate Bill 203 addresses the issue of complaints alleging violations of campaign spending laws in Hawaii. The bill amends Section 11-403 of the Hawaii Revised Statutes, allowing the Hawaii Campaign Spending Commission to presume a violation has occurred if a respondent fails to explain or respond to a complaint within a specified timeframe. This provision aims to enhance the accountability of candidates and political organizations regarding campaign financing and spending practices. Specifically, the respondent is granted a thirty-day window from the date of the complaint's mailing to provide a response before the presumption takes effect.

Sentiment

General sentiment surrounding SB203 appears to lean towards a positive perception among proponents who argue that the bill will enhance transparency and accountability in campaign financing. Advocates for the bill highlight its potential to close loopholes that may allow candidates to evade scrutiny by simply failing to respond to complaints. However, there may also be concerns from opponents regarding the fairness of presuming guilt without a clear response, which could be viewed as a threat to due process for political candidates.

Contention

Notable points of contention may arise from concerns about the implications of a presumption of violation. Critics may argue that such a measure could disproportionately affect candidates who are unable to respond in a timely manner due to extenuating circumstances, including administrative difficulties or lack of resources. The balance between stringent regulatory measures and fair treatment of respondents will be a critical aspect of the conversation as the bill progresses through the legislative process.

Companion Bills

HI HB98

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

Previously Filed As

HI HB98

Relating To Complaints Alleging Violations Of Campaign Spending Laws.

HI HB732

Relating To Complaints Alleging Violations Of Campaign Spending Laws.

HI SB197

Relating To Violations Of Campaign Finance Law.

HI SB1514

Relating To Campaign Spending.

HI HB731

Relating To Campaign Spending Commission Orders.

HI HB733

Relating To Violations Of Campaign Finance Law.

HI SB408

Relating To Campaign Spending.

HI SB196

Relating To Orders Of The Campaign Spending Commission.

HI HB730

Relating To Campaign Spending Cash Contributions.

HI SB167

Relating To The Campaign Spending Commission.

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