State appeals court decision to clarify political donations
By Derrick DePledge
Advertiser Government Writer
The state Campaign Spending Commission voted yesterday to appeal a Maui Circuit Court ruling that rejected the commission's interpretation of a state law restricting corporate donations to political campaigns.
Judge Joseph Cardoza ruled in May that corporations, like individual donors, can make direct contributions to candidates from their corporate treasuries without going through corporate political action committees. Maui Mayor Charmaine Tavares' campaign had sued the commission after the commission had warned some of Tavares' corporate donors they may have violated state law.
The law, according to the commission's interpretation, limits corporations to giving candidates $1,000 from their corporate treasuries during the primary and $1,000 during the general election through corporate political action committees.
The appeal will first go to the Intermediate Court of Appeals. The commission will also ask the state Legislature to clarify the law during the next session.
In the meantime, the commission will post an advisory on its Web site as guidance for fundraising for the 2008 election cycle.
The commission, pending the appeal or change by the Legislature, will not enforce the corporate contribution limits, meaning corporations can donate unlimited amounts of money from their treasuries to candidates without going through corporate political action committees.
The commission will also not enforce corporate registration and reporting requirements for such committees.
The commission vote was 4 to 1. Commissioner Dean Robb said the decision to appeal was based on a desire for public transparency on campaign contributions, not on whether corporate money should be limited in politics.
Steven Olbrich, the commissioner who voted against an appeal, said the confusion surrounding the law is the fault of the Legislature.
Some at the Legislature, and at the state Attorney General's office, have disagreed with the commission's interpretation of the law.
"I hate vague laws," Olbrich said. "I hate when you can't use a plain reading."
Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.