Presentation on theme: "David H. Stafford Escambia County Supervisor of Elections Information on Local Offices February 24, 2010 Presented by: 2010 Candidate Workshop."— Presentation transcript:
David H. Stafford Escambia County Supervisor of Elections Information on Local Offices February 24, 2010 Presented by: 2010 Candidate Workshop
Your Elections Office David H. Stafford – Supervisor of Elections Michael Hardin – Deputy SOE for Administration David Stevens – Deputy SOE for Information and Technology Tami McGowin – Supervisor Candidate Qualifying and Absentee Departments Jon Gingrey – IT and Data
Becoming a Candidate (F.S. 106.011 (16)) A Candidate is a person who: Seeks to qualify for nomination or election by means of the petitioning process or paying the qualifying fee; Seeks to qualify for election as a write-in candidate; Receives contributions or makes expenditures, or appoints a treasurer or deputy treasurer to receive contributions or make expenditures, with a view to bring about his/her nomination, election or retention to public office; Appoints a treasurer and designates a primary campaign checking account; Files qualification papers and subscribes to a candidate’s oath as required by law. You may download a Candidate Handbook from the Division’s Website: http://election.dos.state.fl.us/publications/pdf/2010/2010CandCampTreasHandbook.pdf
What to file Appointment of Campaign Treasurer Form, (DS-DE 9), with the Supervisor of Elections Office (for multi-county races, you would file with the Florida Division of Elections). This will allow you to start collecting or spending money for your campaign, as well as gather petition signatures. Statement of Candidate Form, (DS-DE 84), is filed within 10 days of filing for office. This form states that the candidate has received, read and understands the requirements of Chapter 106, Florida Statutes, which detail Florida’s campaign finance laws. (Judicial Candidates must also file Form DS-DE 83, State of Candidate for Judicial Offices. This form states that the candidate has received, read and understands the requirements of the Florida Code of Judicial Conduct.) Florida law exempts special district candidates from appointing a campaign treasurer or designating a primary campaign depository if the candidate does not collect contributions and has only the filing fee or the cost of verifying petitions as an expense. (The special district offices are Emerald Coast Utilities Authority, Santa Rosa Island Authority and Escambia County Soil & Water Conservation District.) If a candidate chooses to collect contributions or make expenditures, then the candidate is required to file the Appointment of Campaign Treasurer form with the Supervisor of Elections Office, open a campaign bank account and file campaign reports on a regular basis.
Local Offices up for Election for 2010 County Court Judge, Groups 1 & 4 County Commissioner, Districts 2 & 4 School Board, Districts 1, 2 & 3 Emerald Coast Utilities Authority, Districts 2 & 4 Escambia Soil & Water Conservation District, Groups 2, 4 & 5 Santa Rosa Island Authority (Precinct 94) City of Pensacola Mayor City Council At-Large A & B City Council, Districts 1, 2, 3, 4, 5, 6 & 7
DS-DE 9 You may download this form from the following website: http://election.dos.state.fl.us/forms/pdf/DSDE9.pdf You may download this form from the following website: http://election.dos.state.fl.us/forms/pdf/DSDE9.pdf
DS-DE 84DS-DE 83 http://election.dos.state.fl.us/forms/pdf/DSDE84.pdfhttp://election.dos.state.fl.us/forms/pdf/DSDE83.pdf For Judicial Candidates you may see the link for An Aide to Understanding Canon 7 http://www.flcourts.org/gen_public/courted/bin/temp_canon7.pdf
Changing Designation of Office Candidate must file a new Designation of Campaign Treasurer form with the filing officer; Within 15 days, notify all contributors and offer to return their contribution - include Request for Return of Contribution Form (DS-DE 86); If return of contribution is requested, return a pro rata share to the contributor; If return is not requested within 30 days, the contribution can be used for the new office.
Campaign Treasurers A treasurer is not required to be a registered voter. The candidate may be the treasurer or the deputy treasurer. Only the treasurer or deputy treasurer can sign a campaign check. If a treasurer resigns they are required to notify the candidate and the Supervisor of Elections office in writing in order for the resignation to be effective. The candidate is required to reappoint another treasurer using the DS-DE 9 form. Campaign or deputy treasurers must keep detailed accounts current within 2 days; file regular reports of all contributions received and expenditures made; preserve these records for the number of years equal to the term of the office sought.
Campaign Treasurer’s Reports Campaign Reports are filed on or before the 10 th day following the end of each calendar quarter. Following the last day to qualify for office, a candidate is required to file campaign reports on the 32 nd, 18 th and 4 th days before the Primary Election, and also on the 46 th, 32 nd, 18 th and 4 th days before the General Election for those candidates whose name will appear on the General Election ballot. Beginning with the 2010 Q1 Report – Campaign reports will be filed electronically. As soon as the report is submitted the public will be able to view it on our website. Instructions will be provided at the time the candidate receives their password, however, if additional training is needed, please do not hesitate to call our Candidate Qualifying Department. If a candidate fails to file a report on time, he/she will be subject to a fine that must be paid from the candidate’s personal funds – not campaign funds. If a report is deemed incomplete by the filing officer, the campaign treasurer will be notified and has 3 business days, excluding Saturday, Sunday and legal holidays to file an amended report. Failure to file the requested information constitutes a violation of Chapter 106.
Candidates and Political Committees must file campaign finance reports as described in F.S. 106.07.
Online Reporting System It is mandatory that all candidates and committees filing with the Escambia County Supervisor of Elections are required to use this system. If a candidate does not have access to a computer, our office has a computer available for use for filing campaign reports. Once pre-filed - candidates will be sent a letter with the password and ID Number for the Candidate Online Filing System. Click on Candidate Login on our website www.EscambiaVotes.com.www.EscambiaVotes.com Campaign reports are now filed electronically. When all of the items have been entered and checked for accuracy, the candidate will click the submit report button which will enable the report to be viewed by the public immediately, thus eliminating the need for paper copies. The new deadline is midnight on the due date, however, Elections Staff will only be available to assist during regular business hours. (8 am – 5 pm Monday-Friday) One may enter the finance information for the campaign report at any time, but not submit until the report is complete. The Filing officer is required to notify the Florida Election Commission of any candidate who repeatedly files late reports.
Contribution Limitations A candidate may not receive more than $500 per election cycle from any one person or business (this includes spouse and family members). A dependent child under the age of 18 may not give more than $100. A candidate’s contributions to his/her own campaign is UNLIMITED, (NOTE: This does not apply to a spouse or other family member. They are treated as any other contributor - $500 limit). Contributions must be deposited in the campaign account within 5 business days of receipt, excluding Saturday, Sunday and legal holidays. Any contribution received by a candidate with opposition in an election or by a treasurer or deputy treasurer on the day of the election or less than 5 days before the day of any election must be returned to the contributor. The contribution limit for cash or cashier’s check is $50.00 for each election – Primary $50 and General $50 (This limit includes the candidate’s own cash) however, a candidate may accept checks (personal, business and traveler’s) and money orders up to $500.
Reporting Contributions All Contributions must be reported by: Date the contribution was received. Name and complete address of the contributor. Amount of the contribution. If the contribution is over $100, the specific occupation of the contributor must be listed; if the contributor is a business, the principle type of business activity must be listed. If a candidate receives an anonymous contribution it must be reported as an anonymous contribution on the report. A letter should be submitted to the Qualifying Officer explaining the circumstances. (per Division of Elections Opinion 89-02) The candidate should not spend the anonymous contribution, but at the end of the campaign can donate the amount to an appropriate entity under Section 106.141, F.S. The definition of an in-kind contribution is a contribution of goods or services provided to the candidate for which money would have otherwise been paid. A description of the item or services and the fair market value must be reported to the candidate by the contributor.
Miscellaneous Information Pay Pal – May accept contributions via Pay Pal. List the contribution in whole. Then list the fee as an expenditure. Credit Cards – Restricted to statewide candidates. Debit Cards – May be used; (per F.S. 106.11) Must be obtained from the same bank as the primary depository. May be issued to any treasurer or authorized user–limit 3. Must state “Campaign Account of (Name of Candidate)”. A list of authorized users must be filed with the Division of Elections prior to use. Must expire no later than midnight of the last day of the month of the general election.
Reporting Expenditures All expenditures must be reported by: Date of the expenditure; Name and complete address of the payee (This includes street addresses for US Post Offices); Purpose of expenditure; Amount of the expenditure; No expenditures shall be made or authorized without sufficient funds on deposit in the campaign account; and Payment shall be made upon receipt and acceptance of goods or services.
Expenditures – Petty Cash Report the total amount withdrawn and the total amount spent during each reporting period; Not required to be itemized; $500 per calendar quarter until the end of qualifying; $100 per week after qualifying; and May not be used for the purchase of time, space, or services from a communication media. Per F.S. 106.12
Highlights of Political Disclaimers Per F.S. 106.143 Any political advertisement that is paid for by a candidate that is published, displayed, or circulated before, or on the day of, any election must prominently state the following: Example of a political disclaimer for a candidate running under Party Affiliation for a partisan office: “Political advertisement paid for and approved by ….. (name of candidate)…(party affiliation) … for …(office sought)” Example of a political disclaimer for a candidate running under No Party Affiliation for a partisan office: “Political advertisement paid for and approved by ….. (name of candidate)…(NPA) … for …(office sought)”. Example of a political disclaimer for a candidate running for a non-partisan office: “Political advertisement paid for and approved by ….. (name of candidate)…for …(office sought)”
More on Political Disclaimers EXCEPTION TO DISCLAIMERS: Items designed to be worn by a person, need only include the party affiliation (or NPA) of the candidate who is seeking a partisan office. Novelty Items having a value of $10 or less, that support a candidate but do not oppose a candidate, are not required to have a political disclaimer. Bumper Stickers are excluded from the provision relating “re-elect” and “for”, however, the political disclaimer is required. Campaign Fund Raisers – tickets & advertising have additional disclaimer requirements. If the candidate is not an incumbent for the office sought, the candidate cannot use the word “re-elect” and must use the word “for” between the name of the candidate and the office sought so incumbency is not implied.
Examples of Acceptable Campaign Signs Notice the word “for” between candidate’s name and the office he’s running for. Also the disclaimer is correct.
Here is another example of an acceptable campaign sign. All required information is on this sign. Notice there is no party affiliation listed because this is a non-partisan office.
Acceptable The word “for” is not included because the candidate was the incumbent.
This is an example of an unacceptable campaign sign. The full political disclaimer is not listed – It is missing the words “approved by.” Also, it is missing the word “for” between the name and office in which he is running.
No disclaimer is listed on this brochure. Unacceptable
This sign was corrected by placing a sticker that showed the correct political disclaimer. Notice that the word “for” is not on this sign because she was the incumbent.
Television Broadcasts Per F.S. 106.165 Must use closed captioning and descriptive narrative in all television broadcasts regulated by the Federal Communications Commission that are on behalf of, or sponsored by, a candidate; OR Must file a written statement with the qualifying officer setting forth the reasons for not doing so.
The Petition Process A candidate may begin collecting petition signatures after the Appointment of Campaign Treasurer Form (DS-DE 9) has been filed with the filing officer. Exception – special district candidates. (The special district offices are Emerald Coast Utilities Authority, Santa Rosa Island Authority and Escambia County Soil & Water Conservation District.) The petitions are valid only for the qualifying period immediately following such filings. The number of petitions required is based on 1% of the registered voters in the area of the office sought. (The number of petitions for City Council is based on 5% of the registered voters in the area of the office sought.) Special District candidates – 25 petitions in the area of the office sought. The Supervisor of Elections will provide the petition format approved by the Division of Elections. Candidates are now required to supply, print or make copies of their own petitions. For Local Offices, the deadline for submitting petitions to the Supervisor of Elections office for verification is before noon, May 17, 2010. For Judicial Candidates the deadline is before noon, March 29, 2010.
More on Petitions… Signatures may be obtained from any registered voter in the area of the office you are seeking, regardless of party affiliation. Signed petitions are submitted to the Supervisor of Elections’ Office. The cost of verifying petitions is 10¢ per petition paid for with a campaign check. If you are not able to pay this, you may file the Oath of Undue Burden to have the fee waived. However, if there are enough funds left over at the end of your campaign, you must pay back all or any portion of the cost of verifying petitions and the 1% election assessment fee. The filing officer (Supervisor of Elections or the Division of Elections for multi-county candidates) will determine if the correct number of valid petitions have been collected in order to waive the qualifying fee.
Qualifying Qualifying is a one week period in which candidates are required, by law, to file additional forms, such as Candidate Oaths, a personal Financial Disclosure Form, the petition certification letter provided by the Supervisor of Elections for those candidates who met the petition requirement in lieu of paying the qualifying fee; OR pay the qualifying fee in order to have your name placed on the ballot. Qualifying for Local Offices (excluding Town of Century Offices) begins at Noon, June 14, 2010 and ends at Noon, June 18, 2010. The Supervisor of Elections may accept and hold qualifying papers up to 14 days before qualifying begins - They will be processed after qualifying begins. The first date for accepting qualifying papers is May 31, 2010.
May 2, 2010 is the deadline for partisan candidates to change party affiliation. The Loyalty Oath for Candidates with Party Affiliation (DS-DE 24) contains the Statement of Party in which candidates must affirm that they have not been a candidate for nomination for any other political party for a period of 6 months preceding the General Election…. (Per Florida Statutes 99.021)
Qualifying for Judicial Offices (County Court Judges Only) Qualifying for Judicial Offices begins at Noon, April 26, 2010 and ends at Noon, April 30, 2010. The Supervisor of Elections may accept and hold qualifying papers up to 14 days before qualifying begins - they will be processed after qualifying begins. The first date for accepting qualifying papers for Judicial Offices is April 12, 2010.
Prohibited Acts A Candidate May Not … Pay or give anything of value to speak in furtherance of his candidacy; Use a state owned aircraft or motor vehicle to further his candidacy; Solicit or accept a contribution in a government owned building; Use the services of any state, county, municipal, or district officer or employee of the state during working hours; Solicit contributions from any religious, charitable, civic, or other causes or organizations established primarily for the public good; Make contributions, in exchange for political support, to any religious, charitable, civic, or other causes or organizations established primarily for the public good; and With actual malice, make any false statement about an opposing candidate.
Telephone Solicitation 1. Disclosure requirements: Any electioneering communication telephone call or telephone call supporting or opposing a candidate must identify the persons or organizations sponsoring the call by stating either: “paid for by ____________ (insert name of persons or organizations sponsoring the call)” or “paid for on behalf of _____________ (insert name of persons or organizations authorizing call).” This does not apply to any telephone call in which both the individual making the call is not being paid and the individuals participating in the call know each other prior to the call. Any telephone call conducted for the purpose of polling respondents concerning a candidate that is a part of a series of like telephone calls that consists of fewer than 1,000 completed calls and averages more than two minutes in duration is presumed to be a political poll and not subject to the provisions of the above paragraph. 2. Prohibitions: No telephone call shall state or imply that the caller represents any person or organization unless the person or organization so represented has given specific approval in writing to make such representation. No telephone call shall state or imply that the caller represents a nonexistent person or organization. 3. Written Authorization Requirements: Any telephone call, not conducted by independent expenditure, which expressly advocates for or against a candidate, requires prior written authorization by the candidate. A copy of such written authorization must be placed on file with the qualifying officer by the candidate prior to the time the calls commence. (Section 106.147, F.S.)
After the Campaign A termination report must be filed within 90 days of withdrawing the candidacy, becoming unopposed, elected or eliminated. A candidate may be reimbursed by the campaign for any previously reported contributions by the candidate to the campaign, in full or in part. May also purchase thank-you advertising, pay for obligated items, and/or pay for expenses necessary to close down the campaign. If qualified by the petition method and candidate signed an undue burden oath, the candidate must pay the cost of petition verification and if funds remain, the amount of the election assessment. SURPLUS FUNDS you may: Return contributions pro rata; Give to a charitable organization; Give up to $10,000 to candidate’s political party; or Open an office account, if elected.
2010 Dates to Remember March 29 Noon, petitions for federal, judicial, state attorney and public defender candidates seeking to qualify by the petition method due to supervisors of elections April 12 The Division may begin accepting and holding qualifying papers for federal, judicial, state attorney and public defender candidates to be processed and filed during the qualifying period April 16 Written resignations due for officers qualifying as judicial, state attorney or public defender candidates if the terms of the offices, or any party thereof, run concurrently with each other April 19 Deadline for supervisors to certify to the Division the number of valid signatures for federal, judicial, state attorney and public defender candidates seeking to qualify by the petition method April 26 Noon, qualifying begins for all federal, judicial, state attorney and public defender candidates April 30 Noon, qualifying ends for all federal, judicial, state attorney and public defender candidates
2010 Dates to Remember May 2 Deadline for partisan candidates to change party affiliation May 7 Deadline for Department of State to certify to the supervisors the names of all duly qualified federal candidates who have qualified with the Department May 17 Noon, petitions for statewide, multi-county, county and district candidates seeking to qualify by the petition method due to SOEs May 31 The Division may begin accepting and holding qualifying papers for statewide, multi-county, county, and district candidates to be processed and filed during the qualifying period June 4 Written resignations due for officers qualifying as a candidate for statewide, multi-county, county or district office if the terms of the offices, or any part thereof, run concurrently with each other June 7 Deadline for supervisors to certify to the Division the number of valid signatures for statewide and multi-county candidates seeking to qualify by the petition method
2010 Dates to Remember June 14 Noon, qualifying begins for all statewide, multi-county, county and district candidates (other than state attorney and public defender) June 18 Noon, qualifying ends for all statewide, multi-county, county and district candidates (other than state attorney and public defender) August 24 PRIMARY ELECTION September 2 Deadline for each candidate for Governor to designate a Lieutenant Governor as a running mate. November 2 GENERAL ELECTION
And remember….. If you have any questions, we are only a click and a phone call away! Call us at (850) 595-3908 E-mail us at firstname.lastname@example.org@escambiavotes.com or email@example.com@escambiavotes.com Or visit our website at www.EscambiaVotes.com And Good Luck with your campaign!