Hawaii Regulations § 3-160-31 Contributions; limits for persons
Regulation Text
(a)
All of a person's contributions shall be aggregated and subject to the limits in sections
11-357
,
11-358
,
11-359
(b)
, and
11-360
, Hawaii Revised Statutes, except as provided in this section.
(b)
A person's contribution limits are applicable to the election period in which the candidate is certified to be on the ballot, except as provided in this section.
(1)
A person's contribution limits apply to the current election period even if the contributions are used to pay expenses incurred during a prior election period.
(2)
A person's contribution limits for the prior election period are applicable only if all the following requirements are met: the person contributes to a candidate who is term limited, is not a candidate for another office, has no surplus, and has unpaid expenses or loans.
(c)
A person's aggregate contributions to a candidate or candidate's committee include:
(1)
A contribution to another committee that is organized to support the candidate unless that committee is a noncandidate committee making only independent expenditures;
(2)
A contribution to another committee if the contribution is earmarked for the candidate. For purposes of this section, "earmarked" means a designation, instruction, whether direct or indirect, express or implied, oral or written, which results in all or any part of a contribution being made to, or expended on behalf of, a candidate or a candidate's committee;
(3)
Any expenditures or coordinated activity made by the person for the benefit of a candidate in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a candidate's committee, or their agents.
(d)
Contributions or expenditures made by a person "financed, maintained, or controlled" by another person shall be aggregated. Whether a person is "financed, maintained, or controlled" by another person is determined by the totality of the factual circumstances, including but not limited to the following:
(1)
Whether a sponsoring organization owns a controlling interest in the voting stock or securities of the sponsoring organization of another committee;
(2)
Whether a sponsoring organization or committee has the authority or ability to direct or participate in the governance of another sponsoring organization or committee through provisions of constitutions, bylaws, contracts, or other rules, or through formal or informal practices or procedures;
(3)
Whether a sponsoring organization or committee has the authority or ability to hire, appoint, demote, or otherwise control the officers, or other decision making employees or members of another sponsoring organization or committee;
(4)
Whether a sponsoring organization or committee has a common or overlapping membership with another sponsoring organization or committee which indicates a formal or ongoing relationship between the sponsoring organizations or committees;
(5)
Whether a sponsoring organization or committee has common or overlapping officers or employees with another sponsoring organization or committee which indicates a formal or ongoing relationship between the sponsoring organizations or committees;
(6)
Whether a sponsoring organization or committee has any members, officers, or employees who were members, officers, or employees of another sponsoring organization or committee which indicates a formal or ongoing relationship between the sponsoring organizations or committees, or which indicates the creation of a successor entity;
(7)
Whether a sponsoring organization or committee provides funds or goods in a significant amount or on an ongoing basis to another sponsoring organization or committee, such as through direct or indirect payments for administrative, fundraising, or other costs;
(8)
Whether a sponsoring organization or committee causes or arranges for funds in a significant amount or on an ongoing basis to be provided to another sponsoring organization or committee;
(9)
Whether a sponsoring organization or a committee or its agent had an active or significant role in the formation of another sponsoring organization or committee; or
(10)
Whether the sponsoring organizations or committees have similar patterns of contributions or contributors which indicate a formal or ongoing relationship between the sponsoring organizations or committees.
(e)
A person who "controls" another person includes:
(1)
A person who has control over the disbursement of corporate assets, particularly the disbursement for political purposes; and
(2)
A person with the actual financial ownership of corporate assets.
(f)
A person's contributions to a candidate shall not be aggregated if the candidate previously campaigned for and appeared on the ballot for a different elective office and the two offices have overlapping election periods.
History
[Eff MAY 29 2010] (Auth: HRS §§ 11-193, 11-216, 11- 225) (Imp: HRS §§ 11-199, 111-200, 11-201, 11-202, 11- 203, 11-204, 11-205, 11-205.5, 11-205.6, 11-206, 11- 207, 11-212, 11-213)
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