election basics florida association of city clerks 2013 fall academy october 7 2013 n.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
ELECTION BASICS Florida Association of City Clerks 2013 Fall Academy October 7, 2013 PowerPoint Presentation
Download Presentation
ELECTION BASICS Florida Association of City Clerks 2013 Fall Academy October 7, 2013

Loading in 2 Seconds...

play fullscreen
1 / 108

ELECTION BASICS Florida Association of City Clerks 2013 Fall Academy October 7, 2013 - PowerPoint PPT Presentation


  • 149 Views
  • Uploaded on

ELECTION BASICS Florida Association of City Clerks 2013 Fall Academy October 7, 2013. Russell C. Muniz, MBA , MPA, MMC, CPPT Town Clerk, Town of Davie Susan A. Owens, MPA, MMC Town Clerk, Town of Palm Beach Pamela Smith, MMC City Clerk, City of Sanibel. Session Overview: Part 1.

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'ELECTION BASICS Florida Association of City Clerks 2013 Fall Academy October 7, 2013' - damita


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
election basics florida association of city clerks 2013 fall academy october 7 2013
ELECTION BASICSFlorida Association of City Clerks2013 Fall AcademyOctober 7, 2013

Russell C. Muniz, MBA, MPA, MMC, CPPT

Town Clerk, Town of Davie

Susan A. Owens, MPA, MMC

Town Clerk, Town of Palm Beach

Pamela Smith, MMC

City Clerk, City of Sanibel

session overview part 1
Session Overview: Part 1
  • Charter & Code Review
  • Types of Elections
  • Alternate Voting Mechanisms
  • Your Roles
  • Legal Advertisements
  • Polling Locations & Requirements
  • Poll Workers
session overview part 2
Session Overview: Part 2
  • Candidate Information Packets
  • Candidate Qualifying Basics
  • Political Disclaimers for Campaign Ads
  • Campaign Financing Basics
session overview part 3
Session Overview: Part 3
  • Canvassing Boards
  • Recounts
  • Challenging Election Results
  • Certification of Results
  • Questions & Complaints
session overview part 4
Session Overview: Part 4
  • Best Management Practices
  • Tips & Tricks
  • Questions, Questions, & More Questions???
  • For More Information…
important disclaimers
Important Disclaimers!
  • This is General Information to Get you Started; your Procedures and Requirements may be Different!
  • Step #1: Always Check your Charter & Code
  • Communicate with your County SOE Regarding your Respective Responsibilities
  • Consult with your Municipal Attorney
part 1
Part 1:
  • Charter & Code Review
  • Types of Elections
  • Alternate Voting Mechanisms
  • Your Roles
  • Legal Advertisements
  • Polling Locations & Requirements
  • Poll Workers
charter code review
Charter & Code Review

General Provisions:

  • Election and Qualifying Dates
  • Qualifying Requirements
  • Qualifying Fees
  • Terms of Office
  • How Members are Elected
  • Residency Requirements & Proof of Residency
  • Appointment of Canvassing Board and Poll Workers
  • Determining the Winner
  • Certification of Results & Effective Date of Office
charter code review cont
Charter & Code Review (cont.)

Other Provisions to Watch for:

  • Resignations & Vacancies in Office
  • Petition Requirements
  • Referendum Requirements
  • Early Voting Opt In or Out
  • Municipality Specific Requirements:
    • Petitions
    • Oath of Office
    • Fingerprinting
    • Caucus
types of elections
Types of Elections
  • General
  • Uniform Municipal
  • Stand Alone (F.S. now allows municipalities to change their qualifying and election dates by ordinance)
  • Run-Offs (not all cities have these)
  • Special Elections (may be city or citizen-initiated)
  • Mail Ballot (only for elections with questions, not candidates)
alternate voting mechanisms
Alternate Voting Mechanisms
  • Absentee Voting
    • Ballots must be requested, and must be received by the SOE by 7:00 p.m. the night of the election. Postmarks are not accepted.
  • Early Voting
    • Polls must be open between at least the10th day before and the 3rd day before the election, for no less than 8 hours and no more than 12 hours per day at each site.
    • City will be responsible for these expenses.
roles municipal soe
Roles: Municipal SOE
  • Review All Provisions of your Municipal Code & Charter
  • Advertise/Call Election
  • Appoint Canvassing Board
  • Prepare & Advertise Ballots
  • Pollworker & Polling Location Management
  • Election Day Oversight
  • Election Night Delivery of Ballots & Equipment
  • Work in Concert with your County SOE in Accordance with your Agreement
roles county soe
Roles: County SOE
  • Provision of Voting Equipment, Ballots, Precinct Supplies, Phone Bank, Technical Staff, & Last Minute Poll Workers
  • Register Voters and Maintain the Voter Rolls
  • Publish Legal Notices for L & A Tests and Assist with Absentee Ballot Canvassing & Post Election Audit
  • Work in Concert with Municipal SOE in Accordance with their Agreement
  • Retain Voting Records (depends on county and agreement)
roles qualifying officer
Roles: Qualifying Officer
  • Pursuant to F.S. 99.061(7)(c), the Municipal Clerk, as filing officer, performs only a ministerial function in reviewing qualifying papers. In determining whether a candidate is qualified, the filing officer shall review the qualifying papers to determine whether all items required have been properly filed and whether each item is complete on its face, including whether items that must be verified have been properly verified (by oath or affirmation) pursuant to F.S. 92.525(1)(a). The filing officer may not determine whether the contents of the qualifying papers are accurate.
roles clerk as pio
Roles: Clerk As PIO
  • Determine if you are Designated as the PIO
  • Responding to Media
  • Responding to Candidates
  • Responding to Incumbents & Other Elected Officials
  • Responding to Records Requests
  • Determining if/what Information will go Online
  • Responding to Complaints
notifying other departments
Notifying Other Departments
  • Administration
  • Police Department (officers cannot enter polls unless the Poll Clerk allows them to)
  • Fire-Rescue Department (emergency rescue)
  • Code Enforcement (signage)
  • Public Works (city facilities)
  • Finance (poll worker payroll)
  • Receptionists/Front Counter Staff (where to direct voters)
legal advertisements
Legal Advertisements
  • Notice of Qualifying/Election
  • Sample Ballot
  • Notice of Special Election or Referendum
  • Language Requirements
  • Additional Advertising Requirements and Options
notice of qualifying and election
Notice of Qualifying and Election

F.S. 100.021 Notice of general election.—The Department of State shall, in any year in which a general election is held, make out a notice stating what offices and vacancies are to be filled at the general election in the state, and in each county and district thereof. During the 30 days prior to the beginning of qualifying, the Department of State shall have the notice published two times in a newspaper of general circulation in each county; and, in counties in which there is no newspaper of general circulation, it shall send to the sheriff a notice of the offices and vacancies to be filled at such general election by the qualified voters of the sheriff’s county or any district thereof, and the sheriff shall have at least five copies of the notice posted in conspicuous places in the county.

special elections or referendums
Special Elections or Referendums
  • F.S. 100.151– A municipality shall not call any special election until notice is given to the supervisor of elections and his or her consent obtained as to a date when the registration books can be available.
  • F.S. 100.342– In any special election or referendum not otherwise provided for there shall be at least 30 days notice by publication in a newspaper of general circulation in the municipality. The publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the election or referendum is to be held. If there is no newspaper of general circulation in the municipality, the notice shall be posted in no less than five places within the territorial limits of the municipality.
language requirements
Language Requirements
  • Voting Rights Act (VRA) of 1965: originally enacted to prohibit state and local governments from denying the right to vote "on account of race, color, or previous condition of servitude“. It applied to political jurisdictions with a history of denying such rights.
  • In 1975, Congress expanded the Act's to include special protections for "language minorities." The language minorities protected under Section 203 of the Act are: American Indians, Asian Americans, Alaskan Natives, and citizens of Spanish Heritage.
language requirements cont
Language Requirements (cont.)
  • A jurisdiction is covered under Section 203 when the number of US citizens of voting age in a single language group within the jurisdiction is more than 10,000 or more than 5% of all voting age citizens. 10 counties in Florida are covered by Section 203 due to their Hispanic populations.
    • Broward, Hardee, Hendry, Hillsborough, Lee, Miami-Dade, Orange, Osceola, Palm Beach, and Polk
  • Must provide ballot and election materials in Spanish, and have at least one Spanish-speaking poll worker in a location to provide assistance.
  • Other Foreign Language Requirements & Considerations
additional requirements options
Additional Requirements & Options
  • Charter/Code
  • City Policy
  • Legal Requirements are the Minimum Requirements
  • Meet your Community’s Specific Needs
polling locations agreements
Polling Locations & Agreements
  • Begin with the County Approved Locations
  • Get Signed Agreements as Soon as Possible
  • Include Run-Offs Dates, if Applicable
  • Must be Able to Access the Location the Day Before & After the Election for Pick Up and Delivery of Equipment
  • Emergency Contact PersonS
  • Fees
  • Supplies
florida americans with disabilities accessibility implementation act
Florida Americans With Disabilities Accessibility Implementation Act
  • All Polling Places Must Complying with the Florida Americans With Disabilities Accessibility Implementation Act, ss. 553.501-553.513 (F.S. 101.715)
  • Elements of the Act Include: Accessible Route, Space Allowance and Reach Ranges, Protruding Objects, Ground and Floor Surfaces, Parking and Passenger Loading Zones, Curb Ramps, Ramps, Stairs, Elevators, Platform Lifts, Doors, Entrances, Path of Egress, Controls and Operating mechanisms, signage
  • FL Department of State ADA Survey Checklist
sample polling location agreement cover letter
Sample Polling Location Agreement Cover Letter

December 12, 2011

 RE: MUNICIPAL GENERAL ELECTION – TUESDAY, MARCH 13, 2012

POLLING PLACE HOURS – 6:00 a.m. until approximately 8:00 p.m.

Dear Representatives of Polling Places:

The Palm Beach County Supervisor of Elections informs me that all polling locations have agreed to provide their building for all elections that will be held by the Town or the County. Therefore, I am writing to request the use of your building for the March Municipal Election. In addition, I would like to thank you in advance for your cooperation and assistance!

Please find attached a “Polling Location Agreement” for the Town of Juno Beach Municipal Election that is scheduled for Tuesday, March 13, 2012. This agreement states that the polling place (your facility) must be open by 6:00 a.m. so that poll workers can set up for the election. Your facility will be needed until closing of the polling place about 8:00 p.m. on Election Day.

Enclosed is a Polling Location Agreement. Please complete this Agreement and return to me as soon as possible using the enclosed self-addressed stamped envelope.

The Qualifying and Filing Period for the election begins at 12:00 Noon on Tuesday, January 31, 2012 and closes at 12:00 Noon on Tuesday, February 14, 2012. I will not know until qualifying ends if there will definitely be an election. Therefore, at the end of the filing period, my office will contact you immediately if there will or will not be an election. In the meantime, until the filing period closes on February 14th, we must continue to plan for the election.

If you have any questions, please call me immediately (656-0316), as we are depending upon the use of your facility for our March 13th 2012 Municipal Election. As always, thank you for your cooperation and assistance.

Sincerely,

 Vanessa M. Dunham, CMC

Town Clerk

polling locations in public facilities
Polling Locations in Public Facilities
  • F.S. 102.031(3)(a) No person may enter any polling room or polling place where the polling place is also a polling room or any early voting area during voting hours.
  • The restriction in this subsection does not apply where the polling room is in an area commonly traversed by the public in order to gain access to businesses or home or in an area traditionally utilized as a public area for discussion.
rule is 2 034 polling place procedure manual
Rule IS-2.034: Polling Place Procedure Manual
  • The Department of State, Division of Elections, is required to create a polling place procedures manual to guide election officials and poll workers in the proper implementation of election procedures and laws. Form DS-DE 11 (effective 1/2012), entitled “Polling Place Procedures Manual,” is hereby incorporated by reference and available at link: https://www.flrules.org/gateway/reference.asp?NO=Ref-00946.
polling place procedure manual
Polling Place Procedure Manual
  • Defines Election Board and Misc. Provisions
  • Sample Polling Room Diagram
  • Rules for the Polling Room
  • Voter Eligibility
  • Voting Process
  • Ballot Accounting
  • Interacting with Voters
  • Voter’s Bill of Rights and Responsibilities
non solicitation zone
Non - Solicitation Zone
  • No person or group may solicit voters inside the polling place
  • No person or group may solicit voters within 100 feet of the entrance to the polling place or early voting site
  • Before the polls open, the clerk shall designate the no-solicitation zone and mark boundaries
exit pollers
Exit Pollers
  • F.S. 102.031(4)(b) Unlawful Solicitation of Voters.
  • The only exception to the no-solicitation law is for exit polling which media or others may conduct. They may approach voters only AFTER voters leave the polling place.
slide34

Poll Watchers Guidelines

  • A candidatemay have only 1 PollWatcher in each polling room at any one time.
  • Poll Watchers Shall:
  • Be allowed within the polling room or early voting area to watch and observe the conduct of the electors and the officials.
  • Furnish their own materials and necessities.
  • They may not use the Precinct telephone.
  • Observe the voter check-in process and may not come closer to the inspectors' table or voting booth than is reasonably necessary. They are not allowed to touch the Precinct Register.
  • NOT wear or display any political party, candidate's name, or other pertinent campaign materials.
  • NOT interfere with the orderly conduct of the Election.
  • NOT come closer to the Officials' table or the voting booths than is reasonably necessary to properly perform their functions.
  • NOT assist a voter in any way with the voting of their ballot.
designation of poll watchers
Designation of Poll Watchers

Designation of Poll Watcher Form

See F.S. 101.131 relating to “Watchers at the Polls”

approval of poll workers
Approval Of Poll Workers
  • F.S. 102.014 (1) Regulates Poll worker recruitment and training. In most instances, Poll Workers must be trained for every election.
  • Check your Municipality’s Charter and Code.
  • Urge your County SOE to Agree to Hire Your Pollworkers.
  • Start with your County SOE’s Approved Poll Worker List.
poll workers salary
Poll Workers Salary
  • Poll Workers do get paid, it is not a volunteer position. You can elect to pay poll workers more than the county rate.
  • Some municipalities are required to pay their poll workers directly.
  • See what your Finance Department requires to pay vendors (i.e. I-9 Form).
  • If Collecting Social Security Numbers, Remember to give them a Social Security Number Usage Notice.
social security number notification form
Social Security Number Notification Form
  • F. S. 119.071(5)(a)2.a. governs “An agency may not collect an individual’s social security number unless the agency has stated in writing the purpose for its collection and unless it is:
  • (I) Specifically authorized by law to do so; or
  • (II) Imperative for the performance of that agency’s duties and responsibilities as prescribed by law.”
  • This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15, and shall stand repealed on October 2, 2016, unless reviewed and saved from repeal through reenactment by the Legislature.
poll clerks
Poll Clerks

It is recommended that you meet with your polling clerk before the election

part 2
Part 2:
  • Candidate Information Packets
  • Candidate Qualifying Basics
  • Political Disclaimers for Campaign Ads
  • Campaign Financing Basics
candidate information packets
Candidate Information Packets
  • What to Include
  • Disclaimers
  • Provision Options
candidate packets
Candidate Packets
  • Candidate Information:
  • Seats Up for Election
  • Responsibilities of Positions
  • Qualifying Requirements and Period
  • Voter Registration Book Closing Date(s)
  • Election Date(s)
  • Becoming a Candidate – How the Process Works
  • 2. Logic & Accuracy Testing:
  • Notice of Logic and Accuracy Testing
  • Acknowledgement of Receipt of Notice of Logic and Accuracy Testing Form
candidate packets cont
Candidate Packets (cont.)
  • Candidate Filing Forms:
  • Form DS-DE9: Appointment of Campaign Treasurer and Designation of Campaign Depository
  • Form DS-DE84: Statement of Candidate
  • Form DS-DE25: Oath of Candidate
  • Form 1: Statement of Financial Interests with Instructions

4. FL Dept. of State Division of Elections Candidate and Campaign Treasurer Handbook (latest edition)

candidate packets cont1
Candidate Packets (cont.)

5. Campaign Reporting Information:

  • Campaign Treasurer’s Reporting Schedule & Contribution Deadlines

6. Treasurer’s Reports (at least):

  • Form DS-DE 12: Treasurer’s Report Summary
  • Form DS-DE 13: Treasurer’s Report – Itemized Contributions
  • Form DS-DE 14: Treasurer’s Report – Itemized Expenditures
  • Form DS-DE 87: Waiver of Report
candidate packets cont2
Candidate Packets (cont.)
  • 7. Poll Watcher Information:
  • Form DS-DE 125: Designation of Poll Watcher Form
  • Precincts and Polling Locations
  • Precinct Maps
  • 9. Campaign Signage Laws:
  • State Laws
  • FL Department of Transportation
  • Municipal Regulations
  • Sign Bonds (if applicable)
candidate packets cont3
Candidate Packets (cont.)
  • 10. Other Information:
  • Election Laws: Chapters 97-106 (this also meets your requirement to provide a copy of Chapter 106 to the candidates)
  • Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees
  • Local Code of Ethics (if applicable)
  • Municipal Charter
  • Municipal Election Code
  • Precinct Maps
disclaimers
Disclaimers
  • Acknowledgement of Receipt of Candidate Package:

By signing this form I acknowledge that I have received a complete copy of the 2013 Candidate Election Package from the Town of Palm Beach. I further acknowledge that I have read and understand the following disclaimers:

disclaimers cont
Disclaimers (cont.)
  • Acknowledgement that the Package is a Summary of the Election Code Only:

The information contained herein is intended as a reference guide only. The Town Clerk’s Office will provide assistance to candidates; however, it is not the responsibility of this Office to interpret Florida Statutes as prescribed by Florida Law. All information contained herein is current as of the date of publication, November 23, 2011.

disclaimers cont1
Disclaimers (cont.)
  • Acknowledgement of the Responsibilities of the Qualifying Officer:

Pursuant to F.S. 99.061(7)(c), the Town Clerk, as filing officer, performs only a ministerial function in reviewing qualifying papers. In determining whether a candidate is qualified, the filing officer shall review the qualifying papers to determine whether all items required have been properly filed and whether each item is complete on its face, including whether items that must be verified have been properly verified (by oath or affirmation) pursuant to F.S. 92.525(1)(a). The filing officer may not determine whether the contents of the qualifying papers are accurate.

provision options
Provision Options
  • CD v. Paper Copies
  • Candidate Meeting Requirements
  • One-on-One Meetings v. Workshops
candidate qualifying
Candidate Qualifying
  • Role of the Qualifying Officer
  • The Qualifying Period
  • The Qualifying Process
role of the qualifying officer
Role of the Qualifying Officer
  • Pursuant to F.S. 99.061(7)(c), the filing officer performs only a ministerial function in reviewing qualifying papers. In determining whether a candidate is qualified, the filing officer shall review the qualifying papers to determine whether all items required have been properly filed and whether each item is complete on its face, including whether items that must be verified have been properly verified (by oath or affirmation) pursuant to F.S. 92.525(1)(a). The filing officer may not determine whether the contents of the qualifying papers are accurate.
charter code requirements
Charter & Code Requirements
  • Qualifying Periods
  • Qualifying by Petition
  • Qualifying Fees
  • Residency/Registered Voter Requirements
  • Municipality Specific Requirements
documentation
Documentation
  • DOCUMENT EVERYTHING!!!
  • Candidate Contact Information Sheet
  • Candidate Contact Log
  • Acknowledgement of Receipt of Candidate Package with Appropriate Disclaimers
  • Treasure’s Report & Qualifying Form Amendments
  • Notices to Late Filers
  • Non-Candidate Related Issues & Complaints
  • Ethics and other Legal Investigations
checklists
Checklists
  • List All State Qualifying Documents
  • List All Fees Due
  • List All Municipal Qualifying Documents
  • Include Treasure’s Report Schedule
declaring intent to run
Declaring Intent to Run
  • Forms Required:
    • Appointment of Campaign Treasurer- Designation of Depository.
    • Statement of Candidate DS-84 (FS 106)
  • Candidates Obligations:
    • Ex.- Filing Reports
  • Use of Nicknames and Titles
  • Once a Candidate declares their intent, they can do anything a qualified Candidate can do.
qualifying forms
Qualifying Forms
  • Form DS-DE9: Appointment of Campaign Treasurer and Designation of Campaign Depository
  • Form DS-DE84: Statement of Candidate
  • Form DS-DE25: Oath of Candidate
  • Form 1: Statement of Financial Interests
  • Acknowledgement and Certification of Logic & Accuracy Testing
  • Affidavit of Undue Burden (if applicable)
  • Form DS-DE104: Candidate Petitions (if applicable)
qualifying forms cont
Qualifying Forms (cont.)

Form DS-DE 9 [governed by F.S. 106.021(1)]:

1. Shall be filed with the filing officer prior to opening the campaign account.

Note: The campaign depository should not be opened until after the DS-DE 9 is on file with the filing officer.

2. Is not effective until the campaign treasurer signs it and it is filed with the filing officer.

3. Is considered “filed” only when the filing officer receives the form, not upon mailing.

4. Shall be on file with the filing officer prior to the candidate accepting any contributions or making any expenditures, or authorizing another to accept contributions or make expenditures on the person’s behalf.

5. Shall be on file with the filing officer prior to obtaining signatures on a DS-DE 104,Candidate Petition.

6. Candidate declares office sought.

qualifying forms cont1
Qualifying Forms (cont.)

Form DS-DE 84 [governed by F.S. 106.023]must be filed with the filing officer within 10 days after filing Form DS-DE 9. This form states that the candidate has been provided access to read and understand the requirements of Chapter 106, F.S. The execution and filing of the statement of candidate does not in and of itself create a presumption that any violation of Chapter 106, F.S., or Chapter 104, F.S., is a willful violation as defined in Section 106.37, F.S.

qualifying forms cont2
Qualifying Forms (cont.)

Note: The name printed here is what will appear on the ballot.

DS-DE 25 [governed by F.S. 99.021 (1)(a)1.]

Each candidate, whether a party candidate, a candidate with no party affiliation, or a write-in candidate, in order to qualify for nomination or election to any office other than a judicial office as defined in chapter 105 or a federal office, shall take and subscribe to an oath or affirmation in writing. A copy of the oath or affirmation shall be made available to the candidate by the officer before whom such candidate seeks to qualify and shall be substantially in the following form

and must be notarized.

qualifying forms cont3
Qualifying Forms (cont.)

Form 1, Statement of Financial Interests [governed by F.A.C. Rule 34-8.202(6)]

A candidate for an elective state or local office specified in Section 112.3145, F.S., must file with the officer before whom he or she qualifies a statement of financial interests on the form prescribed by the Commission, CE Form 1 – Statement of Financial Interests, adopted by reference in subsection 34-8.202(1), F.A.C., together with and at the same time he or she files qualifying papers as a candidate.

qualifying forms cont4
Qualifying Forms (cont.)

Affidavit of Undue Burden (if applicable) [governed by F.S. 99.093]

Municipal candidates; election assessment.—

(1) Each person seeking to qualify for nomination or election to a municipal office shall pay, at the time of qualifying for office, an election assessment. The election assessment shall be an amount equal to 1 percent of the annual salary of the office sought. Within 30 days after the close of qualifying, the qualifying officer shall forward all assessments collected pursuant to this section to the Florida Elections Commission for deposit in the Elections Commission Trust Fund.

(2) Any person seeking to qualify for nomination or election to a municipal office who is unable to pay the election assessment without imposing an undue burden on personal resources or on resources otherwise available to him or her shall, upon written certification of such inability given under oath to the qualifying officer, be exempt from paying the election assessment.

qualifying forms cont5
Qualifying Forms (cont.)

Acknowledgement and Certification of Logic & Accuracy Testing

qualifying forms cont6
Qualifying Forms(cont.)

For cities that require candidates to obtain a certain number of petitions to be on a ballot. Remember, however, to check your Charter/Code first as there

might be a specific form/verbiage that supersedes this form.

forms required to be verified under oath or affirmation
Forms Required to be Verified Under Oath or Affirmation
  • F.S. 99.061(5): At the time of qualifying for office, each candidate shall file a disclosure of financial interests, which must be verified under oath or affirmation pursuant to s. 92.525(1)(a).
  • F.S. 99.061 (7)(a)(2): The candidate’s oath must contain the name of the candidate as it is to appear on the ballot; …; and the signature of the candidate, which must be verified under oath or affirmation pursuant to s. 92.525(1)(a).
officers authorized to administer oaths or affirmations
Officers Authorized to Administer Oaths or Affirmations
  • F.S. 92.50(1): Oaths, affidavits, and acknowledgements required under law…may be taken or administered by or before and judge, clerk, or deputy clerk of any court of record within the state, or before and US commissioner, or any notary public within the state.
slide69

Qualifying and

Assessment Fees

  • State Assessment Fee
  • F.S. 99.093 Municipal candidates; election assessment.
  • (1) Each person seeking to qualify for nomination or election to a municipal office shall pay, at the time of qualifying for office, an election assessment. The election assessment shall be an amount equal to 1 percent of the annual salary of the office sought. Within 30 days after the close of qualifying, the qualifying officer shall forward all assessments collected pursuant to this section to the Florida Elections Commission for deposit in the Elections Commission Trust Fund.
  • (2) Any person seeking to qualify for nomination or election to a municipal office who is unable to pay the election assessment without imposing an undue burden on personal resources or on resources otherwise available to him or her shall, upon written certification of such inability given under oath to the qualifying officer, be exempt from paying the election assessment.

Qualifying Fees

Governed by municipal Charter/Code

Some municipalities only have the

petition process

Please check your Code of Ordinances

sample documents forms
Sample Documents/Forms

State Assessment Fee Form

http://www.fec.state.fl.us/FECWebFi.nsf/pages/Forms

Mail to:

Florida Elections Commission

107 West Gaines Street

The Collins Building, Suite 224

Tallahassee, FL 32399-1050

petition process in lieu of a qualifying fee and party assessment
Petition Processin lieu of a qualifying fee and party assessment

F.S. 99.095

(2)(a) A candidate must obtain the number of signatures of voters in the geographical area represented by the office sought equal to at least 1 percent of the total number of registered voters of that geographical area, as shown by the compilation by the department for the immediately preceding general election. Signatures may not be obtained until the candidate has filed the appointment of campaign treasurer and designation of campaign depository pursuant to s. 106.021 and are valid only for the qualifying period immediately following such filings.

(2)(c) The format of the petition shall be prescribed by the division and shall be used by candidates to reproduce petitions for circulation. If the candidate is running for an office that requires a group or district designation, the petition must indicate that designation and, if it does not, the signatures are not valid. A separate petition is required for each candidate.

petition process in lieu of a qualifying fee and party assessment1
Petition Processin lieu of a qualifying fee and party assessment

F.S. 99.095

(3) Each petition must be submitted before noon of the 28th day preceding the first day of the qualifying period for the office sought to the supervisor of elections of the county in which such petition was circulated. Each supervisor shall check the signatures on the petitions to verify their status as voters in the county, district, or other geographical area represented by the office sought. No later than the 7th day before the first day of the qualifying period, the supervisor shall certify the number of valid signatures.

  • Petitioner to pay costs to verify signatures.

(5) If the required number of signatures has been obtained, the candidate is eligible to qualify pursuant to s. 99.061.

returned checks
Returned Checks
  • F.S. 99.061(7)(a)(1): …If a candidate’s check is returned by the bank for any reason, the filing officer shall immediately notify the candidate and the candidate shall have until the end of qualifying to pay the fee with a cashier’s check purchased from funds of the campaign account. Failure to pay the fee as provided in this subparagraph shall disqualify the candidate.
proof of residency registered voter status
Proof of Residency/ Registered Voter Status
  • Check your Code to see if there are any “proof” requirements.
  • Some municipalities require a candidate provide the following either before or during qualifying:
    • Copy of Drivers License
    • Copy of Voter Registration Card
    • Confirmation of Status from the SOE
    • Copy of Utility Bill in their Name
ago 2004 18 exemption of personal identifying information
AGO 2004-18: Exemption of Personal Identifying Information
  • A custodian who is not the employer of an individual whose personal information is made confidential pursuant to section 119.07 (3)(i), Florida Statutes, must maintain the confidentiality of such information only when requested to do so in writing by the protected person or his or her employing agency.
political disclaimers for ads
Political Disclaimers for Ads
  • Political Ads Paid for by a Candidate Must Prominently State:
    • “Political advertisement paid for and approved by (name of candidate), (party affiliation) for (office sought)” ; or
    • “Paid by (name of candidate), (party affiliation), for (office sought)”
  • Candidates are Required to Approve All Political Ads and the Ad Must State That the Content of the Ad Was Approved by the Candidate. So, if the Second Alternative Disclaimer Above is Used, the Ad Still Must Say Somewhere That the Candidate Approved the Ad
political disclaimers cont
Political Disclaimers (cont.)
  • Disclaimers Should be Verbatim from F.S.; Variations are Illegal.
  • The Word "re-elect" May Not be Used if the Candidate is Not the Incumbent for the Office Sought
  • Common Exemptions to Disclaimer Requirements:
    • Designed to be Worn by a Person
    • Placed at No Cost on a Website With No Cost to Post Content for Public Users
    • Certain Technology-Related Media
f s 106 campaign financing
F.S. 106: Campaign Financing
  • Campaign Treasurers
  • Campaign Depositories & Accounts
  • Treasurers’ Reports
  • Reporting Contributions & Expenditures
  • Due Dates
  • Penalties for Late Filers
  • Disposition of Surplus Funds
campaign treasurers
Campaign Treasurers
  • A Candidate May Appoint Themselves as Treasurer
  • Candidates are Prohibited from Signing Campaign Checks Unless They Appointed Themselves as Campaign Treasurer or Deputy Treasurer
  • They Shall File Regular Reports of all Contributions Received and Expenditures Made by or on Behalf of the Candidate.
  • The Treasurer Shall Preserve All Accounts for a Number of Years Equal to the Term of Office to Which the Candidate Seeks Election
campaign depositories accounts
Campaign Depositories & Accounts
  • Designating a campaign depository does not mean physically opening an account. It is merely naming the financial institution where campaign funds will be deposited.
  • Form DS-DE 9 must be on file with the filing officer prior to opening the campaign account.
  • 2013 Change: Campaign checks must contain the following: “The name of the campaign account of the candidate”. This information may be typed or hand-printed on starter checks until printed checks arrive.
slide83

Reporting Contributions

  • F.S. 106.07 (4)(a)(1) Reports; certification and filing.
  • The full name, address and occupation for contributions over $100 must be included in the report.
  • Effect. 11/1/13: F.S. 106.08 (1)(a)(2) Except for political parties or affiliated party no person in any election may make a contribution in excess of $1,000 to any candidate.
slide84

Reporting Expenditures

  • All campaign expenditures are paid from this account, including the qualifying fee.
  • Checks, Living Expenses, Petty Cash, Independent Expenditures, Credit Cards, Debit Cards, Expenditures for Electioneering Communications
  • Chapter 11 of the Candidate and Campaign Treasurers Handbook
treasurer s report due dates
Treasurer’s Report Due Dates
  • Effect. 11/1/13: Treasurer Reports shall be filed on the 10th day following the end of each calendar month from the time the campaign treasurer is appointed. F.S. 106.07(1)
  • Effect. 11/1/13: Additional reports are due on the 60th day immediately preceding the election and biweekly on each Friday thereafter through and including the 4th day immediately preceding the general election, with additional reports due on the 25th and 11th days before the general election. F.S. 106.07(1)(b)
  • .
late filing of treasurer reports
Late Filing of Treasurer Reports
  • F.S. 106.07 (8)(a) Any candidate failing to file a report on the designated due date is subject to a fine for each late day, and such fine shall be paid only from personal funds of the candidate. The fine shall be assessed by the filing officer and the monies collected shall be deposited in the municipality’s general fund.
  • F.S. 106.07 (8)(b) Upon determining that a report is late, the filing officer shall immediately notify the candidate that a fine is being assessed for each late day. The fine shall be $50 per day for the first 3 days late and, thereafter, $500 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report.
disposition of surplus funds
Disposition of Surplus Funds
  • Repay Personal Loans Made Into the Account
  • Return pro rata to each contributor
  • Donate the funds to a 501(c)(3) charitable organization
  • Donate the funds to the municipality
  • Transfer the funds to an office account, which shall only be used for legitimate expenses in connection with the candidate’s public office (i.e. travel) or expenses incurred in the operation of their office (i.e. hiring staff)
part 3
Part 3:
  • Canvassing Boards
  • Ascertaining the Results
  • Recounts
  • Challenging Election Results
  • Certification of Results
  • Questions & Complaints
canvassing boards
Canvassing Boards
  • Role of the Canvassing Board
  • Appointing Canvassing Board Members
  • Logic & Accuracy Tests (L & As)
  • Ascertaining the Results
  • Post-Election Audits
role of the canvassing board
Role of the Canvassing Board
  • Conducts a formal “canvass” of the results of an election, which includes reviewing the vote totals
  • Observes Logic & Accuracy Tests
  • Reviews absentee ballot signatures
  • Determines voter intent on non-conforming ballots
  • Supervises post-election audit
  • Administers recounts
appointing canvassing board members
Appointing CanvassingBoard Members
  • Set by F.S., Municipal Charter, & Municipal Code
  • Typical Members:
    • County SOEs
    • Municipal Clerks
    • Elected Officials whose seats are not up for election
    • Judges
logic and accuracy test l a
Logic and Accuracy Test (L&A)
  • F.S. 101.5612(2) Not more than 10 days prior to the election, the supervisor of elections shall have the automatic tabulating equipment publicly tested to ascertain that the equipment will correctly count the votes cast for all offices and on all measures.
  • The municipal elections official may, at the time of qualifying, give written notice of the time and location of the public pre-election test to each candidate and obtain a signed receipt that the notice has been given.
  • The canvassing board shall convene, and each member of the canvassing board shall certify to the accuracy of the test.
rule is 2 027 standards for determining voter choice manual
Rule IS-2.027: Standards for Determining Voter Choice Manual
  • IS-2.027(1): The standards in this rule apply to determine whether the voter has clearly indicated a definite choice for purposes of counting a vote cast on a ballot in a manual recount as provided specifically by Section 102.166 F.S.
  • IS-2.027(4)(b): The canvassing board must first look at the entire ballot for consistency. Then the provisions of paragraph (c) apply to determine whether the voter has made a definite choice in a contest, subject to the exceptions in subparagraphs 7., 10., and 15.
post election audit
Post-Election Audit

FAC 1S-5.026

  • The purpose of the manual audit is to ensure that the voting system deployed in the election tabulated all votes properly.
  • Must be completed no later than 11:59 p.m. of the 7th day following the official certification of election results.
  • It consists of 1 randomly selected race in a randomly selected 2% of precincts in which the selected race appears.
recounts tabulation machine
Recounts: Tabulation Machine
  • F.S. 102.141(7): If the unofficial returns reflect that a candidate or ballot question was defeated or eliminated by one-half of a percent or less of the votes cast, a recount shall be ordered of the votes cast with respect to such office or measure. The county canvassing board or the local board responsible for certifying the election is responsible for ordering recounts in their races. A recount need not be ordered if the candidate or candidates defeated or eliminated by one-half of a percent or less of the votes cast request in writing that a recount not be made.
recounts manual
Recounts: Manual
  • F.S. 102.166(1): If the first recount indicates that a candidate or ballot question was defeated or eliminated by one-quarter of a percent or less of the votes cast, a manual recount of the overvotes and undervotes cast in the entire geographic jurisdiction of such office or ballot measure shall be ordered unless:

(a) The candidate defeated or eliminated from contention by one-quarter of 1 percent or fewer of the votes cast requests in writing that a recount not be made; or

(b) The number of overvotes and undervotes is fewer than the number of votes needed to change the outcome of the election.

rule is 2 031 recount procedures
Rule IS-2.031: Recount Procedures
  • All procedures are open to the public
  • Each local Canvassing Board shall provide public notice of the time and place of the recount
  • At least two Canvassing Board Members must be present
  • The tabulating equipment being used must be tested before the recount
  • Sorted ballots shall be placed in sealed containers until it is determined whether a manual recount will be conducted. Seal numbers shall be recorded at the time the ballots are placed in the containers
challenging election results
Challenging Election Results
  • F.S. 102.168(1):The certification of election or of the result on any question submitted by referendum may be contested in circuit court by any unsuccessful candidate for such office, any elector qualified to vote in the election related to such candidacy, or any taxpayer.
  • F.S. 102.168(2): Such contestant shall file a complaint, together with the fees prescribed in chapter 28, with the clerk of the circuit court within 10 days after midnight of the date the last board responsible for certifying the results officially certifies the results of the election being contested.
  • F.S. 102.168(7):Anyone presenting such a contest to a circuit judge is entitled to an immediate hearing.
certification of results
Certification of Results
  • Municipal Charter & Code Requirements
  • Town of Palm Beach:
    • At the first regular meeting of the town council following such election, or at an earlier meeting called for such purpose in the discretion of the town council, the town council shall declare the results thereof as certified by the county supervisor of elections.
certificate of election
Certificate of Election
  • F.S. 102.155: The supervisor shall give to any person the election of whom is certified by the county (or municipal in our case) canvassing board a certificate of the person’s election. The certificate of election which is issued to any person shall be prima facie evidence of the election of such person.
referring questions complaints
Referring Questions & Complaints
  • Municipal election process, deadlines, and general election information-Clerk
  • Complaints regarding Code requirements for political signage- Code Enforcement
  • How to vote, absentee ballots, poll workers/watchers, and voter registration, including changes of address- County SOE’s office
questions complaints cont
Questions & Complaints (cont.)
  • Interpretation of Florida statutes and requests for legal opinions regarding same- Florida Attorney General’s Office
  • Complaints alleging voter fraud or violations of voting system standards, provisional ballots, the voter registration database, or mail-in registrations-Florida Department of State Division of Elections. Complaint forms and directions can be found at: http://election.dos.state.fl.us/complaints/index.shtml. The Division also maintains a toll free voter fraud hotline at 1 (877) 868-3737.
questions complaints cont1
Questions & Complaints (cont.)
  • Complaints alleging violations of only Chapters 104 (Elections Code) and 106 (Campaign Financing)-Florida Elections Commission (FEC). The FEC is not permitted to give advisory opinions; and, it does not have jurisdiction over candidate qualifying issues, how elections are run, or how votes get counted. Complaint forms and instructions may be found at: http://www.fec.state.fl.us/FECWebFi.nsf/pages/Complaints.
part 4
Part 4:
  • Best Management Practices
  • Tips & Tricks
  • Questions, Questions, & More Questions???
  • For More Information…
for more information
For More Information…
  • Florida Election Code: F.S. Chapters 97-106
  • Florida Department of State Division-Division of Elections
  • Florida Elections Commission
  • Florida Commission on Ethics
  • Florida State Attorneys’ Offices
  • Florida Attorney General’s Office
reference materials
Reference Materials
  • Town of Davie Candidate Package
  • Town of Palm Beach Candidate Package
  • City of Sanibel Candidate Package
  • FAC Rule IS-2.027: Standards for Determining Voter Choice Manual
  • FAC Rule IS-2.031: Recount Procedures
  • FAC Rule IS-2.034: Polling Place Procedure Manual
  • FL Department of State ADA Survey Checklist
thank you
Thank You!!!

Russell C. Muniz, MBA, MPA, MMC, CPPT

Town Clerk, Town of Davie

Russell_Muniz@davie-fl.gov

Susan A. Owens, MPA, MMC

Town Clerk, Town of Palm Beach

sowens@townofpalmbeach.com

Pamela Smith, MMC

City Clerk, City of Sanibel

pamela.smith@mysanibel.com