Hawaii Revised Statutes 11-410 – Administrative fines; relief
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Terms Used In Hawaii Revised Statutes 11-410
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Candidate: means an individual who seeks nomination for election or seeks election to office. See Hawaii Revised Statutes 11-302
- Commission: means the campaign spending commission. See Hawaii Revised Statutes 11-302
- Contribution: means :
(1) A gift, subscription, deposit of money or anything of value, or cancellation of a debt or legal obligation and includes the purchase of tickets to fundraisers, for the purpose of: (A) Influencing the nomination for election, or the election, of any person to office; (B) Influencing the outcome of any question or issue that has been certified to appear on the ballot at the next applicable election; or (C) Use by any candidate committee or noncandidate committee for the purpose of subparagraph (A) or (B); (2) The payment, by any person or party other than a candidate, candidate committee, or noncandidate committee, of compensation for the services of another person that are rendered to the candidate, candidate committee, or noncandidate committee without charge or at an unreasonably low charge for a purpose listed in paragraph (1); (3) A contract, promise, or agreement to make a contribution; or (4) Any loans or advances that are not documented or disclosed to the commission as provided in section 11-372; "Contribution" does not include:
(1) Services voluntarily provided without compensation by individuals to or on behalf of a candidate, candidate committee, or noncandidate committee; (2) A candidate's expenditure of the candidate's own funds; provided that this expenditure shall be reportable as other receipts and expenditures; (3) Any loans or advances to the candidate committee; provided that these loans or advances shall be reported as loans; or (4) An individual, candidate committee, or noncandidate committee engaging in internet activities for the purpose of influencing an election if: (A) The individual, candidate committee, or noncandidate committee is uncompensated for the internet activities; or (B) The individual, candidate committee, or noncandidate committee uses equipment or services for uncompensated internet activities, regardless of who owns the equipment and services. See Hawaii Revised Statutes 11-302 - Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Election: means any election for office or for determining a question or issue provided by law or ordinance. See Hawaii Revised Statutes 11-302
- Expenditure: means :
(1) Any purchase or transfer of money or anything of value, or promise or agreement to purchase or transfer money or anything of value, or payment incurred or made, or the use or consumption of a nonmonetary contribution for the purpose of: (A) Influencing the nomination for election, or the election, of any person seeking nomination for election or election to office, whether or not the person has filed the person's nomination papers; (B) Influencing the outcome of any question or issue that has been certified to appear on the ballot at the next applicable election; or (C) Use by any party for the purposes set out in subparagraph (A) or (B); (2) Any payment, by any person other than a candidate, candidate committee, or noncandidate committee, of compensation for the services of another person that are rendered to the candidate, candidate committee, or noncandidate committee for any of the purposes mentioned in paragraph (1)(A); provided that payment under this paragraph shall include provision of services without charge; or (3) The expenditure by a candidate of the candidate's own funds for the purposes set out in paragraph (1)(A). See Hawaii Revised Statutes 11-302 - Individual: means a natural person. See Hawaii Revised Statutes 11-302
- Noncandidate committee: means an organization, association, party, or individual that has the purpose of making or receiving contributions, making expenditures, or incurring financial obligations to influence the nomination for election, or the election, of any candidate to office, or for or against any question or issue on the ballot; provided that a noncandidate committee does not include:
(1) A candidate committee; (2) Any individual making a contribution or making an expenditure of the individual's own funds or anything of value that the individual originally acquired for the individual's own use and not for the purpose of evading any provision of this part; or (3) Any organization that raises or expends funds for the sole purpose of producing and disseminating informational or educational communications that are not made to influence the outcome of an election, question, or issue on a ballot. See Hawaii Revised Statutes 11-302 - Person: means an individual, a partnership, a candidate committee or noncandidate committee, a party, an association, a corporation, a business entity, an organization, or a labor union and its auxiliary committees. See Hawaii Revised Statutes 11-302
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
provided that whenever a corporation, organization, association, or labor union violates this part, the violation may be deemed to be also that of the individual directors, officers, or agents of the corporation, organization, association, or labor union, who have knowingly authorized, ordered, or done any of the acts constituting the violation.