HONOLULU (HawaiiNewsNow) – A new law would allow prosecutors more time to charge suspects accused of campaign spending violations.
This comes after recent cases involving local politicians who may have gotten away with related crimes because too much time had passed.
Currently, a suspect can be charged with a campaign spending violation only if it’s been less than five years since the incident.
Two bills, one in the House and one in the Senate, aim to change this window.
Alexander Silvert, a retired federal public defender, is asking the House to introduce a new law.
If it passes, the statute of limitations would run from the time the crime was discovered rather than from the time it was committed. This would give prosecutors more time to bring charges.
Recent case highlights the issue
Terri Ann Otani, the former secretary of a politically connected engineering firm, is facing trial in April for allegedly making donations to a political candidate under her relatives’ names.
Details were made public during a separate bribery case in 2024, when Otani’s relatives, including her sister and niece, testified that they did not know about tens of thousands of dollars in donations that were made using their names.
But Otani was only charged for the most recent contributions because the others were apparently too old and the statute of limitations had run out.
Why the change is needed
The Otani case illustrates exactly why lawmakers want to change the law.
State Sen. Karl Rhoads, chair of the Senate Judiciary Committee, said many campaign spending law violations are difficult to catch.
“We don’t want to just have someone who’s committed one, to just run out the clock and then not get prosecuted,” Rhoads said.
Criminal investigations have sent some lawmakers to prison for taking bribes, including former state Senator Kalani English and former state Representative Ty Cullen.
Others who may be connected to the wrongdoing may have gotten away with it because too much time had passed.
Camron Hurt, director of Common Cause Hawaii, said usually when these things are discovered, “we’re already running against the clock.”
State Representative David Tarnas, chair of the House Judiciary and Hawaiian Affairs Committee, said it’s important for lawmakers to help the public regain their trust in the government and in the legislature.
“This is one way we can do that,” said Tarnas, who will introduce the House version of the bill.
The bills are expected to be pre-filed ahead of the session start on January 21.
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