SB1 - Clean Elections.doc

THE SENATE

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HAWAII SILVER LEGISLATURE, 2005

STATE OF HAWAII

S.B. NO.

A BILL FOR AN ACT

RELATING TO THE ESTABLISHMENT OF A COMPREHENSIVE PUBLIC FUNDING

ELECTION.

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

SECTION 1. The Silver Legislature finds that the pervasive

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influence of private contributions and expenditures on public

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elections in the State undermines democracy and the rights of

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all Hawaii citizens to vote for the candidate of their choice

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and to enjoy equal and meaningful participation in the

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democratic process. These rights are guaranteed by the First

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and Fourteenth Amendments to the United States Constitution, as

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well as Sections 1, 2, 4, and 8 Article I of the State

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Constitution.

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The Silver Legislature further finds that candidates for

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statewide office who lack access to personal wealth or wealthy

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donors are precluded from running a competitive campaign because

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their voices are drowned out by those who can afford to saturate

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their constituents with television, radio, and other expensive

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mass-media communications. Furthermore, the dramatic influx of

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private money, coupled with recent high-profile law enforcement

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investigations and prosecutions of campaign finance abuses, have

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undermined the public's confidence in the political process and

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fueled the public perception of corruption in Hawaii politics.

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The Silver Legislature believes that the dominance of private

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funding in State elections also burdens candidates and elected

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officials with the incessant rigors of fundraising and decreases

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the time available to carry out their public responsibilities.

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SB1 - Clean Elections.doc

Further, private funding creates a danger of actual corruption

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by compelling elected officials to accept money from private

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interests that are directly affected by governmental actions.

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The purpose of this Act is to create a comprehensive public

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funding system that will offer a viable and competitive

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alternative to private funding sources, thereby substantially

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reducing or eliminating the deleterious effects of private

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financing described above.

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SECTION 2. Candidates for elected offices of the State who

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voluntarily run for office as a comprehensive public funding

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candidate shall:

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(a) Seek comprehensive public funding for the primary

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election campaign period if the candidate: (1) resides in the

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district from which election is sought; (2) agrees not to accept

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or use any private money, including loans, and if elected, while

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in office until the next election cycle begins; and (3) collects

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the required number of $5 qualifying contributions from

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registered voters in the district.

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(b) Receive funding from General Revenues, and report any

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expenditure electronically within 24 hours of spending or making

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a commitment to spend campaign funds.

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(c) Be guilty of a misdemeanor if the candidate knowingly,

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intentionally, or recklessly violates any provision of this Act.

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A person who is convicted under this section shall be

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disqualified from holding elective public office for a period of

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four years from the date of conviction, and shall be removed

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from office if elected.

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SECTION 3. The Campaign Spending Commission shall establish

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an independent, bi-partisan committee to review the progress of

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the comprehensive public funding program established under this

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Act.

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SECTION 4. This Act shall take effect upon its approval.

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