Category Archives: Campaigns

An good example of campaign finance enforcement

Okay, here’s an example of campaign finance enforcement.

A candidate who is challenging an incumbent member of the Portland, Oregon equivalent of the city council has been fined $77,000 for paying a token $250 a month for 3,000 square feet of downtown office space used for campaign headquarters.

Rene Gonzalez, a lawyer and businessman, accepted the heavily discounted rent for the space, which had a market value of $6,900 per month, according to campaign finance officials. The deal was provided by the building owner, who Oregonlive.com describes as “a real estate mogul and philanthopist.”

City elections officials have ordered Gonzalez pay $33,250 for accepting the discounted office space and another $10,640 for failing to report it, according to the letter. He is also required to reimburse Schnitzer Properties Management the unpaid $33,250.

The total fine of $77,140 is nearly half the $175,000 Gonzalez currently has on hand, according to campaign finance records. The candidate has until Oct. 4 to appeal the decision.

A bit more than a slap on the wrist, it seems.

At the same time, Gonzalez had received $370,000 from the city’s own campaign finance program.

“Under rules updated last December, the city’s public finance program now matches contributions of up to $20 from city residents 9-to-1, with smaller match ratios for larger donations. That effectively turns a $20 individual contribution into $200 of campaign cash,” according to Oregonlive.com.

Here’s an election challenge you probably didn’t hear about

I just never know what I’m going to run across while going through the periodic ritual of checking the regular spots for possible news.

Yesterday I took a look at recent opinions from the Hawaii Supreme Court and Intermediate Court of Appeals, which included several election-related cases that had been disposed of, and one caught my eye.

It seems that Richard Y. Kim, one of the “minor” candidates for governor in the Democratic primary, believes he actually won the primary but was robbed of the victory by misconduct and errors on the part of the Office of Elections.

This isn’t his first time around the block, as he was also on the Democratic primary ballot in 2018, garnered just 1,576 votes, and responded with several election-related lawsuits against the Office of Elections and Gov. David Ige.

Kim he is a dentist and graduate of Columbia University in New York. He reported receiving two campaign contributions for a total of $450, and spent a total of $973.82 on his campaign. The candidate financial disclosure filed with the State Ethics Commission reported Kim had no earned income in the past year, owns no property, has an Ameritrade account worth between $10,000 and $25,000, and has debts of at least $45,000 but less than $100,000.

Kim, in his 2022 complaint filed with the Hawaii Supreme Court, said it was “impossible” that he received only the 985 votes statewide reported by the Office of Elections, and went on to cite “many facts and evidence” to support his position. I’m afraid these were not made with tongue firmly in cheek.

• Kim said his campaign website “has attracted 8,967 people, with over 32,000 views on my 706 posts, since 2017,” and that his Facebook account has “almost 1,500” followers.

• He argues that pre-election media polls would have had different results if his name had not been omitted. He insinuates he was overlooked in the polls because he has called for “media reform.”

• Kim says he “heavily invested his campaign in sign waving in the last two months of the primary election,” and “believes he has thrown ‘Shaka’ blessings to tens of thousands passing cars, probably at more than 100,000 people. Each time, he received roughly 5-30% honking (on average), and many more numerous hands waving, Shakas back, and head lights turned on and off, from the passing cars.

• Kim complained he had been blocked from commenting on Josh Green’s official Lt. Gov page on Facebook, and blocked by the Star-Advertiser from commenting on their “Spotlight Hawaii” live program, which he described as examples of “voter suppressions.”

Kim blames computer manipulation of the results for his loss, and said he believes “the vote counting by the computer must have been compromised due to such simple computer programming manipulation on his name on the democratic ballots, for example, by having moved the decimal to 0.01 or 1/100 and only counted as if he received 1% of the actual votes that he received on the ballots.”

He then alleges additional computer misdeeds shifted 99% of his vote to Lt. Gov. Josh Green, which left Green the runaway winner in the primary.

Without the alleged computer misdeeds, Kim says he would have received 985,000 votes, 38.7% of the Democratic votes, with Green tallying just 23.2%.

It took the Hawaii Supreme Court just a few days to review Kim’s complaint. The court’s 10-page Findings Of Fact, Conclusions Of Law, And Judgment conclude it was “based on speculation or unreasonable inferences from the evidence submitted in support,” and raised “no genuine issue of material fact related to Kim’s election contest.”

The court’s opinion provides a concise review of the laws governing election challenges and what standards must be met for such a challenge to be successful. Short version–it’s a high bar.

And so goes the democratic process.

“Ask me no questions, I’ll tell you no lies”

That seems to be the campaign theme of Congressman Kai Kahele, who finally made public his long-signalled intent to make a late run for governor.

The rumors began making news early this year, and continued pretty much unabated for months. And unacknowledged by Kahele, who never made himself available to comment on the rumors or respond to reporters questions.

From the reporting, it also appears that the event to officially announce his gubernatorial run was also structured to avoid questions.

And, it seems to me, this strategy of making statements while safely away from public scrutiny is a big red flag.

After all, as they say, the best predictor of future behavior is past behavior. In that case, I have to conclude that Kahele as governor would be as aloof and secretive as, well, as he has been as a member of Congress.

And in terms of past behavior, the public campaign statement issued on his behalf, which states his opposition to several practices, is startlingly at odds with his past behavior as a candidate and public official.

—Ban on fundraisers during the legislative session. During two terms as a legislator, Senator Kahele made full use of session fundraisers, according to campaign records. During his first session in 2016, he held two fundraisers while the legislature was in session, one in Wailuku and another at the Mandalay Restaurant downtown, a favorite spot for meeting and greeting lobbyists. In 2017, two more session fundraisers, the only fundraisers he held during the year. And ditto in 2018, with his only two fundraisers scheduled during the session.

-Prohibiting union-to-candidate contributions. Again, Kahele’s record shows absolutely no prior leaning in this direction, making his campaign rhetoric seem hollow.

You can look up his record of campaign contributions at the Campaign Spending Commission website. I’m traveling and don’t have access to my own version of the contribution data, but it appears that Kahele’s top 15 campaign contributors during his years as a legislator included ten unions, three large corporations, a hotel company, and a political consultant/lobbyist.

—capping campaign warchests. Well, that’s one way to try to turn a huge negative—a campaign trying to get started just a few months before the primary election, with at least two other candidates way ahead in collecting the funds necessary to run a statewide campaign. He’s trying to launch a campaign after a whole lot of money has been sucked out of the system by other candidates. So claim it’s a matter of principle, so that it doesn’t immediately appear to simply be a sign of luke warm support, at best, for his candidacy.

In any case, as you can tell, I’m highly skeptical of Kahele’s candidacy. His failure to follow-through on campaign pledges made during his campaign for the 2nd District seat in Congress, his failur to take questions from reporters over a long period, and his own past practices in campaign fundraising, all undermine the progressive sounds coming from his campaign apparatus.

“As me no questions, I’ll tell you no lies.” As one online source frames it, the phrase means “implies that you will likely tell a lie, because you do not want to tell the truth.”

Kahele a no-show in Washington this year

Civil Beat’s Nick Grube took a devastating look yesterday at US Representative Kai Kahele’s absence from Washington, where the work of Congress is being done without him (“Has US Rep. Kai Kahele Given Up On Washington?“).

Grube reminds readers of the irony of one of Kahele’s central campaign themes in his successful 2020 run against then Rep. Tulsi Gabbard.

“What Hawaii needs is a full time representative in Congress who will show up and whose sole focus is fighting on behalf of the people of the 2nd Congressional District,” Kahele said. “That’s the message I will be bringing to the people of Hawaii.”

But instead, Kahele quickly turned his back on that pledge.

Kahele’s absence has not gone unnoticed, according to two Washington-based lobbyists who spoke to Civil Beat on the condition of anonymity because they were not authorized to do so by their firms.

Congress is now in the middle of appropriations season and members are crafting their requests for federal dollars.

The lobbyists said Kahele’s office has been slow to seek these requests for the upcoming year when compared to other members, including Case, who sits on the Appropriations Committee.

There are also concerns that Kahele is not fully engaged with his committees, which oversee transportation and the military, two critical topics for Hawaii, and that his office has done little to pick up the slack for him while he’s been gone.

Both lobbyists used the same word to describe the response coming out of Kahele’s office when it comes to scheduling meetings or discussing major policy initiatives, such as the National Defense Authorization Act that sets the policy agenda for the U.S. military — “Crickets.”

“This is a significant departure from how they operated in the past,” one of the lobbyists said. “The office always had a work ethic, but it’s obvious that they decided not to show up anymore.”

The story was quickly picked up by the NY Post (“Hawaii Democratic rep avoids DC votes to fly commercial planes: report“), Politico (“Kai Kahele is still a pilot on “occasional flights” for Hawaiian Airlines while a member of Congress“), and the Washington Examiner (“Democratic Rep. Kai Kahele of Hawaii has not voted in person since January“). [Sorry for the confusion with the NY Post link…it should be fixed now.]

This is priceless material for opposition researchers in the event Kahele does end up making a gubernatorial bid.

But with the primary just four months away, and three top tier Democratic candidates already in the race, it gets harder and harder to take the “talk” of a “possible” run seriously.

In a Facebook post, a Kahele defender made the opposite case.

Personally, I’d rather have my elected officials home in the district & voting by proxy. This article basically interviews two national defense industry lobbyists who are shaming him for not spending his time chatting with them in DC. They’re not his constituents, he doesn’t owe them anything. “Look at him, spending time with farmers on the big island when he was supposed to be at Biden’s State of The Union” (a largely ceremonial speech that’s recorded and broadcast online so he can watch anytime).”

The problem with this view is that, like it or not, Congressional politics takes place in Congress. Individual members of congress can’t successfully press Hawaii’s interests by holding photo ops here in Hawaii. It takes the work of building relationships there in Congress to move legislation that will benefit Hawaii. This can’t be done solo. This was the job he signed up for and pledged to do for us. And apparently is not doing.

No, Kahele doesn’t “owe” the lobbyists quoted in the story anything. But he’s not just stiffing the “defense industry lobbyists.” There are a lot of public interest lobbyists, including those pressing Hawaii issues at the federal level, who he is also letting down by his absence. His constituents have been essentially left unrepresented.

If he wanted to run for governor this year, he should have followed the example of Neil Abercrombie, who resigned his seat in Congress at the beginning of January 2010 in order to run for governor. He didn’t pretend to be representing Hawaii in Washington while actually campaigning at home.