THE SENATE	S.B. NO.	1212
THIRTY-SECOND LEGISLATURE, 2023		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO CAMPAIGN FINANCE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that some candidates for elected office design their websites in a manner that is intended to solicit noncandidate committees, especially super political action committees, to publish or produce political advertisements and other materials that benefit those candidates.  This campaign tactic, commonly known as "redboxing", is intended to circumvent campaign finance laws that strictly prohibit candidates from coordinating with noncandidate committee political campaign efforts.

     The purpose of this Act is to close the legal loophole against this practice by prohibiting candidates and their campaigns from designing candidate websites to solicit certain outcomes from noncandidate committees.

     SECTION 2.  Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to part XIII, subpart E, to be appropriately designated and to read as follows:

     "§11-    Certain solicitations prohibited.  (a)  No campaign website for any candidate or candidate committee shall contain any content that:

     (1)  Contains information; or

     (2)  Is manipulated in any manner;

that a reasonable person would consider to be designed to induce a noncandidate committee to make expenditures to use that content in efforts to support the candidate or candidate committee in a manner suggested by the candidate or candidate committee.

     (b)  The commission shall adopt rules, pursuant to chapter 91, necessary for the purposes of this section."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on March 22, 2075.

 

 

Report Title:

Campaign Spending; Candidates; Committees; "Redboxing"

 

Description:

Prohibits any campaign website for any candidate or candidate committee from containing information or manipulating content in any manner that is designed to induce a noncandidate committee to use that content to make expenditures supporting the candidate or candidate committee in a manner suggested by the candidate or candidate committee based on a reasonable person standard.  Requires the Campaign Spending Commission to adopt rules.  Takes effect 03/22/2075.  (SD1)

 

 

 

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