CHARMAINE TAVARES CAMPAIGN v. Wong

217 P.3d 951, 121 Haw. 249, 2009 Haw. App. LEXIS 431
CourtHawaii Intermediate Court of Appeals
DecidedJune 25, 2009
Docket28729
StatusPublished

This text of 217 P.3d 951 (CHARMAINE TAVARES CAMPAIGN v. Wong) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
CHARMAINE TAVARES CAMPAIGN v. Wong, 217 P.3d 951, 121 Haw. 249, 2009 Haw. App. LEXIS 431 (hawapp 2009).

Opinion

Opinion of the Court by

LEONARD, J.

This is a statutory construction case concerning the campaign contribution limits set forth in Hawaii Revised Statutes (HRS) § ll-204(a)(l)(C) and (b) (Supp.2005). Defendant-Appellant Barbara U. Wong (Wong), in her capacity as the Executive Director of the Campaign Spending Commission of the State of Hawaii (Commission), appeals from the Findings of Fact, Conclusions of Law, and Order filed on July 23, 2007, and the Final Declaratory Judgment filed on August 10, 2007 (Judgment), by the Circuit Court of the Second Circuit (Circuit Court), in favor of Plaintiff-Appellee Charmaine Tavares Campaign (Tavares) and Plaintiff/Intervenor-Appellee Quong Enterprises, L.L.C. (Quong) (collectively, Appel-lees), and against Wong. 1 Wong argues that Quong’s $2,000 campaign contribution to Ta-vares violated the $1,000 limit in HRS § 11— 204(b), which applies to any contribution to a “noncandidate committee.” Wong requests the reversal of the Judgment primarily on the ground that the Circuit Court erred in concluding that Quong’s contribution was lawful under the $4,000 limit prescribed in HRS § ll-204(a)(l)(C) for any contribution to a candidate or a “candidate’s committee.” Based on the arguments presented, the record on appeal, and the well-established rules of statutory construction, we conclude that HRS § ll-204(b) did not apply to Quong’s contribution to Tavares and that Quong’s contribution was lawful under HRS § 11-204(a)(1)(C). We affirm.

I.BACKGROUND

The Circuit Court’s findings of fact (FOFs) are undisputed, including the following:

2. Charmaine Tavares (“Tavares”) was a candidate for election to the Office of Mayor of the County of Maui during the 2006 election.
3. The Maui County Mayor is elected to a term of four years.
4. Plaintiff [Charmaine Tavares Campaign] is a “candidate committee” organized under the Hawai'i Election Campaign Contributions and Expenditures Act, Hawaii Revised Statutes (“HRS”), § 11-191 et seq. (the “Act”).
5. Plaintiff was organized “to make expenditures and to accept contributions” to support Tavares’ campaign to be elected Maui County Mayor during the 2006 election.
6. At the commencement of Tavares’ 2006 election campaign, Plaintiffs representatives informed Tavares’ supporters that the Act limited each person to a $4,000 contribution based upon HRS § 11— 204(a)(1)(C) (2005) that provides:

*251 No person or any other entity shall make contributions to:

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(C) A candidate seeking nomination or election to a four-year non-statewide office or to the candidate’s committee in an aggregate amount greater than $4,000 during an election period.
7. On April 25, 2006, Plaintiff-Interve-nor [Quong] made a contribution in the amount of $2,000 directly to Plaintiff.
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11. Plaintiff-Intervenor [Quong] was not organized for “the purpose of making contributions or expenditures to influence the nomination for election, the election of any candidate to political office, or for or against any issue on the ballot.”
12. The $2,000 contribution made by Plaintiff Intervenor [Quong] on April 25, 2006 was made from the Plaintiff-Interve-nor’s general business funds. The source of the contribution was not attributable to other persons who were interested in advancing Tavares’ election as Maui County Mayor during the 2006 election.
13. On March 10, 2006, Talboy Construction, Inc. (“Talboy”) made a $2,000 contribution to Plaintiff....
14. On May 9, 2006, Cheeseburger in Paradise, Inc. (“Cheeseburger”) made a $1,000 contribution to Plaintiff....
15. On May 9, 2006, Cheeseburger in Paradise-W aikiki (“ Cheeseburger-W aik-iki”) made a $1,000 contribution to Plaintiff....
16. Defendant [Wong] does not assert that any of the aforementioned contributors had a “political action committee.” All contributions in question were made directly from a business account to Plaintiff and did not pass through any political action committee or other account.
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18. By letters dated August 24„ [sic] 2006, Defendant [Wong] informed Plaintiff-Intervenor [Quong] and the other aforementioned contributors that each had violated the Act by making the contributions described above, that such contributions constituted “excess contributions” under the Act, and that they were subject to a “fine” under the Act.

On August 24, 2006, on behalf of the Commission, Wong wrote a letter to Quong, stating in relevant part:

Hawaii Revised Statutes (“HRS”) section ll-204(b), effective January 1, 2006, states the following:
(b) No person or any other entity shall make contributions to a noncandidate committee, in an aggregate amount greater than $1,000 in an election.
This law prohibits businesses from making contributions directly from their treasuries or from their treasuries to their noncandidate committee of more than $1,000 in the aggregate for all candidate and noncandidate committees in an election, meaning businesses may contribute a total of $1,000 through the Primary election on September 23, 2006, and may contribute up to a total of $1,000 between the Primary and General elections.
A preliminary review of candidate Char-mine [sic] Tavares’s Disclosure Reports indicates that Quong Enterprises, L.L.C. (“Quong”) made a contribution of $2,000 on April 28, 2006, of which $1,000 is in excess of the contribution limit.
Quong may contribute up to $1,000 to the Charmaine Tavares Campaign through September 23, 2006 (primary election), then may register as a noncandidate committee with the Commission, and contribute a second $1,000 to the Charmaine Ta-vares Campaign between September 24, 2006 and November 7, 2006 (the general election).

Wong sent similar letters to Talboy Construction, Inc. (Talboy) and Cheeseburger in Paradise, Inc. on August 24, 2006. The letter to Cheeseburger in Paradise, Inc. also referenced Cheeseburger Island Style aka Cheeseburger in Paradise, Inc.—Waikiki. Cheeseburger in Paradise, Inc. and Cheeseburger in Paradise, Inc.—Waikiki (collectively, Cheeseburger) are partners.

Paul Quong (Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
217 P.3d 951, 121 Haw. 249, 2009 Haw. App. LEXIS 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charmaine-tavares-campaign-v-wong-hawapp-2009.