No.28729 (June 25, 2009)
Opinion pdf
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) § 11-204(a)(1)(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 Hawai'i (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, Appellees), and against Wong. Wong argues that Quong's $2,000 campaign contribution to Tavares 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 § 11-204(a)(1)(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 § 11-204(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. [footnote omitted]