SB2471 Abolishes Right to Form Political Parties

Dear Editor,   May 11, 2026

SB2471 CD2 seeks to restrict a right on entities (Chapter 414) seeking organization as corporations.  If that was all it did we might say it's wrong but not evil.  But SB2471 does much more.  The bill is divided into 10 separate parts; each part dealing with a specific entity type encompassing much more than Chapter 414 for-profit corporations.

Running through the parts, we see Part XII dealing with Chapter 429.  Chapter 429 was enacted in 1999 as the "Uniform Unincorporated Nonprofit Association Act".  Prior to enactment of Chapter 429, unincorporated associations were subject only to the common law right of contracts.  Ambiguity over things like the ability of an association to hold property was cited as the reason for enacting this as part of the overall "uniform laws" drafting process.

Part XII (pgs 38-40) creates a new section in Chapter 429: 

"(a)  The creation and continued existence of a nonprofit association shall not be deemed a right but shall be a conditional grant of legal status by this State and shall remain subject to complete withdrawal at any time." 

This leads to a question: "What is a nonprofit association"?  You can find various definitions but all involve people coming together for a common purpose.  In other words, an assembly.  Here we have an immediate problem:

"Congress shall make no law respecting ... the right of the people peaceably to assemble..."

When people assemble, they form an assembly.  That Hawaii chooses to extend certain law to these assemblies, via Chapter 429, in no way can change that basic fact.  There is no "charter", "articles of incorporation", or other grant by the state.

There is in Hawaii a nonprofit association with a registered name and doing business as "Hawaii Republican Party".  This association falls under the provisions of Chapter 429.  Not withstanding any provisions of FECA 1971 for federal elections or Chapter 11 Part XIII for state elections, as an association Hawaii Republican Party (or any other party committee) will be prevented from carrying out any election activity if this bill is enacted.  Per Part XII, subsection (b), of SB2471 CD2, any provision of the HRP bylaws "purporting to grant or confer any power to directly or indirectly engage in election activity or ballot-issue activity shall be void." (pgs 38-39)

I should add that SB2471 attempts to extend itself to "foreign" associations such as the Republican National Committee which is organized in the District of Columbia.

Scott W. Smart,

Mililani, Oahu

Member Hawaii Republican Party and Republican National Committee

SB2471: Text, Status