i 133%: CAMPAIGN SPENDING COMMISSION '13 MY 15 Pi :40 STATE OF HAWAII IN RE THE MATTER OF DOCKET NO. 18-08 MARK K. ING and FRIENDS OF KANIELA EXHIBITS 1?80; ING, CERTIFICATE OF SERVICE Respondents. COMPLAINT (?Commission?) Kristin E. Izumi?Nitao, pursuant to Hawaii Ra?i?e 4:3; 45 is! 402(b), and hereby ?les this Complaint against Respondeiijgls 1. The Commission has jurisdicti, ?a 24, is: 5115? 1-1 rig 2. Respondent Ing is agzi the state House of Representatives, representing District 11 on Maui (Kihei, W?ilea, Makena). Respondent Ing was elected to this of?ce in 2012, and ?11?2014, and 2016. ta 3. Res ,pndeii?f?Friends is Respondent Ing?s candidate committee. Its Organizational it"; raw Report 8 ??ad ngiih the Commission in the Candidate Filing System on November 9, 2011 and In the original Organizational Report ?led November 9, 2011 with the Commission, Respondent Ing was listed as the chairperson of Respondent Friends, but he was not listed as a treasurer or deputy treasurer. Exhibit 1. 5. In an amended Organizational Report ?led on May 19, 2012 with the Commission, Respondent Ing was identi?ed as a deputy treasurer of Respondent Friends. Exhibit 2. 6. In an amended Organizational Report ?led on July 22, 2013 with the Commission, Respondent Ing was removed as a deputy treasurer of Respondent Frie .Exhibit 4 ResPondent Ing continues to serve as the treasurer of Respondenn ?nalists as of the date of this qi?q?lFrom January 1 to __Wle ?it? {$16 (the reporting period covered by the 1St a?m Eu. ,1 tiara Jul andhad a price or suggested contribution range of per person. Exhibit 5. The second fundraiser was held on April 8, 2016 at Nalu?s Southside Grill in Kihei, and had a price or suggested contribution range of per person. Exhibit 6. 12. The third fundraiser was held on April 16, 2016 at 235 Keonekai Road in Kihei, and had a price or suggested contribution range of Exhibit 7. 13. The fourth fundraiser was held on June 6, 2016 at Kauhale Makai in Kihei, and had a price or suggested contribution range of Exhibit 8. 14. In Respondents? Preliminary Primary Report (January 1-June 30, 2016) that was electronically ?led with the Commission on the due date of July 14, 2016 at 11:57 pm, Respondents reported that they did not make any expenditures during that six-month Exhibit 9, Disclosure Report Line 5 and Schedule B. as? 2113' 15. Respondent Ing had a Democratic opponent in the 2016 Prim Eli?b?t?ibn. Exhibit 10. 16. could hold four fundraisers during a reporting period and rri 't ari?mr incur any expenses. 17. On July 27, 2016, the Commission?s Eli "it? Director issued a subpoena duces tecum to the Bank of Hawaii seeking month] tements, checks, and deposits from Account 6f anuaryJ ?Jurie 30 2016 Exhibit 11 it i?gl' it ?y Matti" the information provided by Respondent 111g in . This account number was taken d1 account. 18. On liply 2016, a representative of the Bank of Hawaii called Commission staff W?aa? at BOH Account No. #1 had been closed and that the campaign account that Respon 5 had not amended their Organizational Report to report this change in accounts. The representative stated that she will provide the Commission with copies of records from the latter account that is responsive to the subpoena. 19. Commission staff received the bank records for BOH Account #4 for the period January 1 to June 30, 2016. Contrary to Respondents? report of having zero expenditures during the time period, the bank statements showed that Respondents paid $11,062.66 in expenditures during the time period. Exhibit 12. There was also a discrepancy in the amount of contributions l-Decernber amt true complete, and accurate. As best as Commission staff could determine, over the ?ve and a half years covered by the subpoenaed records, Respondents failed to disclose $28,915.72 in contributions/receipts and $87,559.89 in expenditures (the unreported expenditures were about 62% of the total amount of expenditures reflected in Respondents? bank statements for the four Bank of Hawaii accounts). 24. BOH Account #1 was opened on October 21, 2011 and closed on June 5, 2012. 25. BOH Account #2 was opened on June 4, 2012 and closed on January 3, 2013. Respondents failed to report the opening of this account to the Commission on RespoRggi?ibgia? Friends? Organizational Report. 26. BOH Account #3 was opened on September 3, 2013 and c103 Respondent Friends? Organizational Report. 11' 27. BOH Account #4 was Opened on April 21, 12015" 35" Commission staff learned of the existence of 1-1 Account #4 and requested that ReSpondent 'Irig amend the Orgamzanonal Report to relic the change 1n campaign account 1nfor1iiation. 1 1,1 1 28. The bank records 1ndi?atd?ii 115 #115%: at: On December 8, 2011, Respondent Ing BOH Ac, 1111115. Exhibit 14. 29. The bank records indicate that on September 2, 2016 and October 4, 2016, Respondent Ing transferred $750 on both occasions from BOH Account #4 to Bank of Hawaii Account No. - Account Exhibit 15. 30. The bank records indicate that on October 4, 2016, Respondent Ing transferred $625 from BOH Account #4 to Bank of Hawaii Account No. a Account 31. The bank records indicate that on October 4, 2016, Respondent Ing transferred $219.55 from BOH Account #4 to Bank of Hawaii VISA Account No. i I VISA Account I_d. it 3513,: 1? is, 0? ttilescnbed 1n 32. All three transfers from BOH Account #4 made on October .. (H 29- 31), were part of one withdrawal of 594. 55. The Withdrawagps?r a, number of BOH Account #5 (Respondent Ing? 5 personal accouptr)?: I-fdtgever that information the account 1 Wire was crossed out and replaced with the information for BOH #4 (campaign account) on the withdrawal slip. Thus, the withdrawal of funds ca); 131 Respondents? campaign account rather than Respondent Ing?s personal accoun 1d. On July 26, 2017 the Expecutri'i?? 11m {Eg' Respo nt pfrsonal account. The bank declined to provide records for the other two ?aw?z arrange Respondent Ing was not an owner of those accounts. Exhibit 17. In a letter dated November 21, 2017, Commission staff requested that Respondents identify the owners of BOH Account BOH Account and BOH Visa Account and the reason why campaign funds had been transferred to those accounts. Exhibit 18. 36. In an e?mail dated December 5, 2017, Respondent Ing explained that BOH Account No. #6 belongs to Mark Howard, his landlord on Oahu. The purpose of the $750 transfers to that account was to pay rent on his personal residence. BOH Account #7 belongs to Jeanie Vance, his landlord on Maui. The purpose of the $625 transfer to that account was to pay rent on his personal residence. BOH VISA Account #8 belongs to Khara Jabola?Caroh?a 3 rig 63? Exhibit 19. '14! Eilg? 1? 21 37. On or about July 25, 2016, Respondent Ing was failing to appear for a court hearing regarding a motor vehicle 1nsurance Violatlon. 38. On August 24, 2016, Respondent Ing call? 2{rgommission staff and informed staff that he missed a court hearing for a traf?c vio, lion and he wanted to know if he could use 39. El?n Igecember 20, 2017, the Executive Director issued a subpoena duces tecum to raa? 40. On February 8, 2018, the Executive Director issued a subpoena duces tecum to the Bank of Hawaii seeking checks and deposits for the month of September 2016 for BOH Account Exhibit 23. 41. Bank records show that on September 14, 2016, Bank of Hawaii paid a $1,000 check (made payable to Respondent Friends) from ActBlue Hawaii, a on glidate committee, in the amount of 921. 96 into BOH Account #5 his personal 011111; 5111111311: 25. Staff believes that the ActBlue Hawaii check represented a 000 con 1a ution from Jeffrey Bronfman that was earmarked for Respondent 111g that Elue Hawaii received on August 28, account a? the Commission. 45. The following is a table of bank accounts that have been identi?ed: ACCOUNT OWNER TYPE BOH Account #1 Respondents Campaign Account (Closed) BOH Account #2 Respondents Campaign Account (Closed) BOH Account #3 Respondents Campaign Account (Closed) BOH Account #4 Respondents Campaign Account (Open) BOH Account #5 ReSpondent Ing Personal Account BOH Account #6 Mark Howard BOH Account #7 Jeanie Vance BOH VISA Account #8 Khara abola?Carolus Persona; A punt girl 46. On March 12,2013 Respondents ?led a Notic 5?83: r; kg? (in? . .F 9 tto hold a Fundraiser for a fundraiser held on April 10, 2013 at Ferguson 3 1nL?I-Ionolulu March 14, 2013($100) March 28 2013 59 April 5,)ng 19% 0 April {#2015 I 50) .2 n1 instills ($100) (2013 ,2013 ($100) ?y 1,2013 ($500) . May 1, 2013 ($500) . May 6, 2013 ($100) Exhibit 30. 48. Respondents did not deposit these checks within seven days of Respondents receipt of them. 49. On May 30, 2012, Respondent Ing signed and ?led the Af?davit to Voluntarily Agree with Campaign Expenditure Limits: Exhibit 31. He agreed to abide by the expenditure limit of $16,199 per election for the District 11 House seat that he ran for in 2012. 50. 51. Respondent Ing did not notify the Commission thatguhe ad exceeded the *3 1w ll i5 expenditure limit, nor was the Commission aware that exceeded the limit based campaign. ?nancelawshall determine, without regard It 53. Under HRS ?11~40f to chapter 91, to: a preliminary determination; or g?'fer the complaint to an appropriate prosecuting attorney for prosecution under section 11-411.? The commission may make a decision or issue an order affecting any person violating any provision of this part or section 281?22 that may provide for the assessment of an administrative ?ne as follows: (1) If an individual, an amount not to exceed $1,000 for each occurrence or an amount equivalent to three times the amount of an unlawful contribution or expenditure; or 10 (2) If a corporation, organization, association, or labor union, an amount not to exceed $1,000 for each occurrence; provided that whenever a corporation, organization, association, or labor union violates this part, the violation may be deemed to be also that of the individual directors, of?cers, or agents of the corporation, organization, association, or labor union, who have knowingly authorized, ordered, or done any of the acts constituting th ?violation. ti Account #2 was opened on June 4, 2012. Respondents did not amend their ?eport to re?ect this change in the committee?s campaign accounts. 58$. Commission staff recommends a fine in the amount of $50 for this violation.1 COUNT II FAILURE TO AMEND OGANIZATIONAL REPORT (Violation of HRS ?11-322) 1 Unless otherwise noted, all recommended ?nes are taken from the Schedule of Fines that has been approved by the Commission and published on the Commission?s website. 11 59. Paragraph 56 is re-alleged and incorporated herein. 60. BOH Account #3 was opened on September 3, 2013. Respondents did not amend their Organizational Report to re?ect this change in the committee?s campaign accounts. 61. Cemmission staff recommends a ?ne in the amount of $50 for this Viol COUNT COUNT IV FALSE REPORT 1 to December 31, 2011) 65 HRS ?11-331(a) requires candidates and treasurers to certify their disclosure reports. HRS ?11?333(a) require candidates and treasurers of candidate committees to report all contributions deposited and expenditures made during a preliminary, ?nal, or supplemental 2 A ?ne for a violation of HRS ?ll-324(d) is not on the Schedule of Fines. 12 reporting period. Under Hawaii Administrative Rules a candidate or treasurer of a committee must certify that disclosure reports are true, complete, and accurate statements of the committee?s activity during the reporting period. 66. For the period July 1 to December 31, 2011, Respondents bank records reflect that $866.79 was deposited and $658 was withdrawn. Exhibit 34. 67. In their Supplemental Report (July 1-December 31, 201 1), Respti?gdentg reported 411$? etiw?i? ail: 68. Staff recommends that the Commission assiess ipltad n'istrative ?ne in the 1 n. ?gurine?" it" amount of $500 against Respondents for ?ling an int; - Respondents to ?le an amended report. (15t PRELIMINARY REPORT January 1 to June 30, 2012) 69. Paragraph 65 i ?re?allgged and incorporated herein. 70. period jgiiuary 1 to June 30, 2012, Respondents? bank records re?ect that a total of 835. 1 was posited and $6,499.14 was withdrawn. Exhibit 36. 1,11 tggir Preliminary Primary Report (January 1 June 30, 2012), Respondents an ggibt'ltions of $6,440 and expenditures in the amount of $3,542.03 during this reporting eriod. Exhibit 37. Respondents? 1St Preliminary Primary Report was inconsistent with the bank records. 3 In determining the amount of ?ne, each false report was treated as a ?rst offense. 13 72. Staff recommends that the Commission assess an administrative ?ne in the amount of $500 against Respondents for ?ling an inaccurate 1St Preliminary Primary Report and order Respondents to file an amended report. COUNT VI FALSE REPORT (2nd PRELIMINARY PRIMARY 1 to July 27, 2012 73. Paragraph 65 is re?alleged and incorporated herein. 74. For the period July 1 to July 27, 2012, Respondents? banlc?i?e that a total of $7,263.87 was deposited and $6,360.06 was withdrawn. 75. In their Preliminary Primary Report (July 1 "ly 2 E2012), Respondents reported contributions of $3,620 and expendituresint punt of $2,332.15 during this reporting period. Exhibit 39. Respondents? and Preliminary Primary Report was inconsistent with the bank records. 76. Staff recommends tha er?i?Co mission assess an administrative ?ne in the amount of $500 against Respondents rling an inaccurate 2?(1 Preliminary Primary Report and order Respondents to file ante COUNT VII FALSE REPORT (F NAL PRIMARY 28 to August 11, 2012) Paragraph 65 is rewaileged and incorporated herein. For the period July 28 to August 11, 2012, Respondents? bank records re?ect that a total of $2,155 was deposited and $2,971.28 was withdrawn. Exhibit 40. 79. In their Final Primary Report (July 28?August ll, 2012), Respondents reported receipts (contributions and loan) of $1,965 and expenditures in the amount of $1,473.49 during 14 this reporting period. Exhibit 41. Respondents? Final Primary Report was inconsistent with the bank records. 80. Staff recommends that the Commission assess an administrative ?ne in the amount of $500 against Respondents for ?ling an inaccurate Final Primary Report and order Respondents to ?le an amended report. COUNT FALSE REPORT 81. Paragraph 65 15 re- alleged and incorporated herein. 1. #114515" COUNT IX FALSE REPORT ., FINAL ELECTION PERIOD 23 to November 6, 2012) 85. Paragraph 65 is re?alleged and incorporated herein. 86. For the period October 23 to November 6, 2012, Respondents? bank records re?ect that a total of $2,796.05 was deposited and $3,402.22 was withdrawn. Exhibit 44. 15 87. In their Final Election Period Report (October 23wNovember 6, 2012), Respondents reported no activity (no contributions or expenditures) during this reporting period. Exhibit 45. Respondents? Final Election Period Report was inconsistent with the bank records. 88. Staff recommends that the Commission assess an administrative fine in the amount of $500 against Respondents for filing an inaccurate Final Election Period Re order Respondents to file an amended report. COUNT FALSE REPORT . (SUPPLEMENTAL REPORT-November 7 to Dec, ?3152012) 89. Paragraph 65 is re?alleged and incorporated herein 90. For the time period from November'It 31, 2012, Respondents? bank records re?ect that a total of $240.11 was dep ited and $1,204.24 was withdrawn. Exhibit 46. 91. In their Supplemental Report Zber 7-December 31, 2012), Respondents reported no activity (no contributions during this reporting period. Exhibit 47. Respondents? Supplemental Repnrt consistent with the bank records. sthat the Commission assess an administrative fine in the COUNT XI FALSE REPORT (SUPPLEMENTAL 1 to um: 30, 2013) 93. Paragraph 65 is re~alleged and incorporated herein. 94. For the time period from January 1 to June 30, 2013, Respondents? bank records re?ect that a total of $595 .56 was deposited and no funds were withdrawn. Exhibit 48. 16 95. In their Supplemental Report (January 1-June 30, 2013), Respondents reported contributions of $3,875 and no expenditures during this reporting period. Exhibit 49. Respondents? Supplemental Report was inconsistent with the bank records. 96. Staff recommends that the Commission assess an administrative ?ne in the amount of $500 against Respondents for ?ling an inaccurate Supplemental Report an bturd Respondents to ?le an amended report. COUNT XII FALSE REPORT . (SUPPLENIENTAL REPORT- July 1 to Decem Respondents tot?le?ka?. amended report. i .15? *5 COUNT FALSE REPORT ST PRELIMINARY PRIMARY 1 to June 30, 2014) 101. Paragraph 65 is re?alleged and incorporated herein. 102. For the time period from January 1 to June 30, 2014, Respondents? bank records re?ect that a total of $18,564.82 was deposited and $4,110.47 was withdrawn. Exhibit 52. 17 103. In their Preliminary Primary Report (January 1?June 30, 2014), Respondents reported contributions of $10,175 and expenditures of $2,081.91 during this reporting period. Exhibit 53. Respondents? Preliminary Primary Report was inconsistent with the bank records. 104. Staff recommends that the Commission assess an administrative ?ne in the amount of $500 against Respondents for ?ling an inaccurate Preliminary Primary po order Respondents to ?le an amended report. COUNT XIV FALSE REPORT trails 105. Paragraph 65 IS re- -alleged and incorporated hef?i? 106. For the time period from July 1 to Jul .. 2014 Respondents? bank records 107. In their Preliminary Prlmary a. 7 gf?im ?31" reported no activity (no contributions it}: egidltures) during this reporting period. Exhibit 55. Earl r311 COUNT XV FALSE REPORT (FINAL PRIMARY 26 to August 9, 2014) 109. Paragraph 65 is re?alleged and incorporated herein. 110. For the time period from July 26 to August 9, 2014, Respondents? bank records re?ect that a total of $224.01 was deposited and $1,689.43 was withdrawn. Exhibit 56. 18 111. In their Final Primary Report (July 26?August 9, 2014), Respondents reported no activity (no contributions or expenditures) during this reporting period. Exhibit 57. Respondents? Final Primary Report was inconsistent with the bank records. 112. Staff recommends that the Commission assess an administrative ?ne in the amount of $500 against Respondents for ?ling an inaccurate Final Prirnary Report an Respondents to file an amended report. COUNT XVI FALSE REPORT (PRELIMINARY GENERAL 10 ctobert?zo, 2014) 113. Paragraph 65 is re?alleged and incorporatej?l he 114. For the time period from August 10m 20, 2014, Respondents? bank records re?ect that a total of $224.01 was depesited and $17,688.45 was withdrawn. Exhibit 58. 115. In their Preliminary General Riepo: ?QAngust 10-October 20, 2014), Respondents reported receiving no contributions an expenditures of $109.62 during this reporting period. Exhibit 59. Respondents? Preliminary general Report was inconsistent with the bank records. 116. Staff recomme i that the Commission assess an administrative fine in the amount of $500 again es ?ndents for filing an inaccurate Preliminary General Report and order Respon en ie an amended report. COUNT XVII FALSE REPORT NAL ELECTION PERIOD 21 to November 4, 2014) 117. Paragraph 65 is re?alleged and incorporated herein. 118. For the time period from October 21 to November 4, 2014, Respondents? bank records re?ect that a total of $1,662.03 was deposited and $1,199.43 was withdrawn. Exhibit 60. 19 119. In their Final Election Period Report (October 21-November 4, 2014), Respondents reported no activity (no contributions or expenditures) during this reporting period. Exhibit 61. Respondents? Final Election Period Report was inconsistent with the bank records. 120. Staff recommends that the Commission assess an administrative ?ne in the amount of $500 against Respondents for ?ling an inaccurate Final Election Period Regpp?i? maid at is $1111., order Respondents to ?le an amended report. COUNT FALSE REPORT 123. In their Supplemental Report . Ir, amount of $500 agai es. ndents for ?ling an inaccurate Supplemental Report and order il ,tlf Respondents tgy?le an amended report. FALSE REPORT (SUPPLENIENTAL 1 to June 30, 2015) 125. Paragraph 65 is re-alleged and incorporated herein. 126. For the time period from January 1 to June 30, 2015, Respondents? bank records re?ect that a total of $2,466.10 was deposited and $174.55 was withdrawn. Exhibit 64. 20 127. In their Supplemental Report (January 1-June 30, 2015), Respondents reported contributions of $3,900 and expenditures of $12,547.48 during this reporting period. Exhibit 65. Respondents? Supplemental Report was inconsistent with the bank records. 128. Staff recommends that the Commission assess an administrative ?ne in the amount of $500 against Respondents for filing an inaccurate Supplemental Report an, Respondents to ?le an amended report. COUNT XX FALSE REPORT (SUPPLEMENTAL 1 to Decemrsr 31,22015) 129. Paragraph 65 is re?alleged and incorporating her 11. 130. For the time period from July 1 to Dec 1, 2015, Respondents? bank records re?ect that a total of $3,706.16 was as osited and $5,530.01 was withdrawn. Exhibit 66. 131. In their Supplemental Report (Jul ?ngecember 31, 2015), Respondents reported contributions of $3,480 and expendity 175.88 during this reporting period. Exhibit 67. Respondents? Supplemental Reportwa inconsistent with the bank records. 132. Staff hat the Commission assess an administrative fine in the amount of $500 again engendents for filing an inaccurate Supplemental Report and order Respondents mended report. COUNT XXI FALSE REPORT ST PRELIMINARY PRIMARY 1 to June 30, 2016) 133. Paragraph 65 is re?alleged and incorporated herein. 134. For the time period from January 1 to June 30, 2016, Respondents? bank records re?ect that a total of $42,640.81 was deposited and $27,043.85 was withdrawn. Exhibit 68. 21 135. In their 1St Preliminary Primary Report (January l?June 30, 2016), Respondents reported contributions of $28,023.69 and no expenditures during this reporting period. Exhibit 69. Respondents? Preliminary Primary Report was inconsistent with the bank records. 136. Staff recommends that the Commission assess an administrative ?ne in the order Respondents to ?le an amended report. COUNT XXII FALSE REPORT (2'1d PRELIMINARY PRIMARY REPORT- July lf?xpr?nditures of $13, 637. 66 during this reporting 9 . erids that the Commission assess an administrative ?ne in the ?Respondents for ?ling an inaccurate 2nd Preliminary Primary Report and 0rd pondigii?ts ?0 ?le an amended report. COUNT FALSE REPORT (FINAL PRIMARY 30 to August 13, 2016) 141. Paragraph 65 is re?alleged and incorporated herein. 22 142. For the time period from July 30 to August 13, 2016, ReSpondents? bank records re?ect that a total of $5,674.18 was deposited and $13,936.63 was withdrawn. Exhibit 72. 143. In their Final Primary Report (July 30~August 13, 2016), Respondents reported contributions of $1,101 and expenditures of $4,171.67 during this reporting period. Exhibit 73. Respondents? Final Primary Report was inconsistent with the bank records. 144. Staff recommends that the Commission assess an administrative gate 5 1153? 5:15 1,15 . WW5, 111111111 FALSE REPORT (PRELIMINARY GENERAL REPORT-.5 ugust 14 to October 24,2016) and $7,077.57 was withdrawn Exhibit 74 11.441113, 147. In their Preliminary al Report (August 14?October 24, 2016), Respondents reported no activity (no co $511.55 Respondents? Prelimi .5. 148. that the Commission assess an administrative ?ne in the 19.145111?; 555:] 500iagdinst Respondents for ?ling an inaccurate Preliminary General Report and ndents to ?le an amended report. COUNT XXV FALSE REPORT (FINAL ELECTION PERIOD 25 to November 8, 2016) 149. Paragraph 65 is re?alleged and incorporated herein. 23 150. For the time period from October 25 to November 8, 2016, Respondents? bank records re?ect that a total of $2,504.55 was deposited and $1,915.77 was withdrawn. Exhibit 76. 151. In their Final Election Period Report (October 25?November 8, 2016), Respondents reported no activity (no contributions or expenditures) during this reporting period. Exhibit 77. Respondents? Final Election Period Report was inconsistent with the bani; gee 152. Staff recommends that the Commission assess an administrative firth .. A A as a" amount of $500 against Respondents for ?ling an inaccurate Final Election PariodfitR?port and order Respondents to ?le an amended report. COUNT FALSE REPORT . 153. Paragraph 65 is re?alleged an 154. For the time period from Novemb records re?ect that a total of $250 was #9615 it; ta ?I?m ii' 155. In their Supplemental Report (November 9? December 31, 2016), Respondents F4 to ?le an amended report. COUNT XXVI FAILURE TO TIMELY DEPOSIT CONTRIBUTIONS (Violation of HRS ?11-351(a) HAR 24 153. Under HRS ?l all contributions must be deposited in a candidate?s campaign account. Contributions shall be deposited within seven days of receipt by the candidate. HAR 154. Respondents ?led a Notice of Intent to hold a Fundraiser on March 12, 21 for a fundraiser held on April 10, 2013 at Ferguson?s in Honolulu, and had a price or suggesh?ffd?g March, 14, 2013 ($100) March 28,2013 March 30, 2013 ($100) April 3,2013 ($250) April 5, 2013 512911118; 1219111131 11359311111 . 1 April 16, 2013 ($100) April 17 2013 April 30,2013 ($100) May 1, 2013 ($50ng May 1, 201% May6, 20133 r! Staff recommends that the Commission assess a ?ne in the amount of $300 against Respondents ($25 for each contribution that was not timely deposited)4. 4 Each late deposit was treated as a ?rst offense for the purposes of determining the amount of ?ne. 25 COUNT XXVII EXCESS CONTRIBUTIONS (Violation of HRS ?11-357) 158. Under HRS Respondent Ing?s contribution limit from a single person was $2,000 for the 2016 election period, which ran from November 4, 2014 17.;1 pveii?per ,g??in ,7 "?if?ix 8, 2016. 159. Under HRS any excess contribution not returned theycontributor within thirty days shall escheat to the Hawaii Election Campaign rid 160. ActBlue Hawaii received two contributions frorin ?lm; yi?i?ronfman in the amount ?123;: a: of 000 each that were earmarked for The ?rst contribution was dated April 30, 2016, and the second was dated August 2016. ActBIiie Hawaii forwarded both contributions to Respondents. Respondents "port the April contribution but not the August contribution. 161. COUNT 0F CANIPAIGN AND PERSONAL FUNDS (Violation of HAR 163. Under HAR the cornmingling of campaign funds with personal funds is prohibited. 5 A Notice of Fine for the excess contribution was sent to Mr. Bronfman and will be pursued by staff separately from the complaint against Respondents. 26 164. On September 14, 2016, Respondent Ing deposited Jeffrey Bronfman?s August 28, 2016 $2,000 contribution directly into BOH Account Respondent Ing?s personal account. 165. Commission staff discovered Bronfman?s second $2,000 contribution only 167. prohibited. landlord?s acqo ta These personal expenses total $2,344.55. 6 The ?ne amount for this type of violation is not provided in the Commission?s Schedule of Pines. However, HRS the general ?ne provision, permits a ?ne up to $1,000. 27 170. Under HAR ??personal expenses?, as used in this section, means expenses that would exist irrespective of a candidate?s campaign to seek the nomination or election to of?ce or being elected to an of?ce.? 171. Under HAR rent or mortgage for a personal residean} gig (i personal expense. 172. Commission staff recommends that the Commission assess at Ing to personally reimburse his campaign account the amount of$? lg l3 s? 21 ?at $131,} COUNT EXCEEDING EXPENDITURE LIMITS AS A PUB 3 CLY FUNDED CANDIDATE (Violation of HRS ??11,?i426 11-428, HAR ?3~160-64) 173. Under HRS ?1 1428(1), in order fdi??l-s-a?candidate to be eligible for partial public igtyiixgl? funding, the candidate must agree, intelafiatgiot to exceed the expenditure limits established in HRS ?11-423. 174. Under HRS a candidate who submits the af?davit agreeing to limit expenditures and en xceeds the expenditure limit, must notify via telephone and in writing, the Cp minim, the Of?ce of Elections, and all opponents on the day the limit is ?list?! . andil?llileit?l?ntributors within thirty days of exceeding the limit. The candidate must also ce of the full ?ling fee to the Office of Elections. 7 In the alternative, under HRS the Commission may assess a ?ne against Respondent Ing that is three times the amount of the prohibited expenditure or $7,033.65 (3 28 175. Under HAR a candidate who submits the af?davit agreeing to limit expenditures and who then exceeds the expenditure limit, must return all public funds to the Commission within fourteen days of the day the expenditure limit is exceeded. 176. Respondent Ing signed and ?led the Af?davit to Voluntarily Agree Campaign Expenditure Limits for the 2012 election. 177. 8 The ?ne amount for this type of violation is not provided in the Commission?s Schedule of Fines. However, HRS the general ?ne provision, permits a ?ne up to $1,000. 29 182. Respondents received a $2,000 contribution from Operating Engineers Local No. 3 PAC on November 1, 2012. Exhibit 80. This was within the fourteen calendar days through four calendar days prior to the 2012 general election held on November 6, 2012. 183. Respondents failed to file the 2012 General Election Late Contributions Report. 184. Commission staff recommends that the Commission assess a fine i th punt of $750 against Respondents and order Respondents to file the Late Contribut? RELIEF REQUESTED pur antf HRS ll-410(e) within twenty days of Respondents? receipt of this :rder Respondents to escheat $2,000 (excess contribution) to the Hawaii Election Campaign Fund (Count XXVII). E. Order Respondent Ing to personally reimburse $2,344.55 to Respondent Friends? campaign account (Count XXIX), within twenty days of receipt of this Order. 30 F. Order Respondents to amend the twenty?three (23) disclosure reports referenced in Counts IV through XXVI, so that the reports accurately re?ect the activity in the bank statements, within twenty days of receipt of this Order. G. Order Respondents to ?le the 2012 General Election Late Contributions Report within twenty days of receipt of this Order. prosecution. DATED: Honolulu, Hawaii, May 15, 2018. E. myutive Director 31 CAMPAIGN SPENDING COMMISSION STATE OF HAWAII IN RE THE MATTER OF DOCKET NO. 18?08 MARK K. ING and FRIENDS OF CERTIFICATE OF SERVICE KANIELA ING, I Respondents. CERTIFICATE OF SERVICE Director?s Complaint filed on May 15, 2018, will be dulyjserv listed below on the same day as the filing date, by hand d?live MARK ING Hawaii State Capitol 415 South Beretania Street, Room 427 Honolulu, HI 96813 Hand?Delivered Respondent 32 FRIENDS OF KANIELA ING Hawaii State Capitol 415 South Beretania Street, Room 427 Honolulu, HI 96813 Hand?Delivered Respondent DATED: Honolulu, Hawaii, May 15, 2018. KRISTIN E. IZUMI-NITAQ Executive Director Campaign Spending Coh?s 0n In Re The Matter of Mark K. Ing and Friends of Kaniela Ing, Docket No. 18?08; Complaint; Exhibits 1-80; Certi?cate of Service 33