Political ad regulations Hawaii campaign spending reporting requirements covering political advertisements are overbroad and unconstitutional, according to Hawaii Right to Life.
unlawful, suit claims
By Debra Barayuga
dbarayuga@starbulletin.com
The nonprofit political advocacy group filed suit against the state Campaign Spending Commission yesterday in U.S. District Court, seeking to block the commission from enforcing reporting requirements.
Named individually in the lawsuit were commission Chairman A. Duane Black and commissioners Della Au Belatti, Mona Chock, Richard B.F. Choy and Clifford S. Muraoka. None could be reached for comment.
According to the lawsuit, Hawaii Right to Life decided not to distribute voter guides and run radio ads in the 60 days before the general election that identified where candidates stood on assisted suicide because of the effect campaign reporting requirements have on "electioneering communications."
Campaign spending laws require reporting of "electioneering communications," which are any paid advertisements broadcast, published or sent by mail that refer to a clearly identifiable candidate.
The group contends the definition of electioneering communications is overbroad and regulates issue advocacy. The group contends that it should be able to let voters know how candidates stand on particular issues without having to file reports with the commission.
Campaign spending violations are punishable by fines of up to $1,000 per violation, and violators can be referred for criminal prosecution. Convictions are punishable by fines and imprisonment of up to a year. Violators can also be disqualified from holding office for four years.
The suit says the group has been irreparably harmed by losing its First Amendment freedoms and asks that the court grant a temporary restraining order and permanent injunction.
Hawaii Right to Life
Campaign Spending Commission
