Transcript Candidate Qualifying - Clay County Supervisor of Elections
Candidate Qualifying Information
For Local Offices
2010
Chris H. Chambless Clay County Supervisor of Elections
Your Elections Office
Chris H. Chambless – Supervisor of Elections Linda Hoover – Candidate Qualifying Robin Conte – Candidate Qualifying Alternate Linda Jolley – Data Services & Mail (Absentee) Ballots
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 petition process or paying the qualifying fee.
Seeks to qualify for election as a write-in candidate.
Receives contributions or makes expenditures, or appoints another person 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 of Election’s Website at:
http://election.dos.state.fl.us/publications/pdf/2010/2010CandCampTreasHandbook.pdf
What to file
Your first step in becoming a candidate is to file the 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.
Form DS-DE 84, Statement of Candidate Form, 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. Florida Code of Judicial Conduct.
Judicial Candidates must also file Form DS-DE 83, Statement of Candidate for Judicial Offices. This form states that the candidate has received, read and understands the requirements of the NOTE: Effective January 1, 2008, 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. However, 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 in 2010
County
• County Commissioner Districts 2 & 4 • • • School Board Districts 1, 3 & 5 County Court Judges Circuit Court Judge Division A (Files with DOE)
Municipal (Files with Municipal Clerk)
• Keystone Heights Council Seats 1 and 2 • • • Orange Park Council Seats 4 & 5 Green Cove Springs Council Seats 3, 4 & 5 Penney Farms Council Seats 2 & 3
DS-DE 9 A link to this form is provided at Clay County Supervisor of Elections' website under ‘Candidate Forms’
DS-DE 84 DS-DE 83 Links to these forms are provided at Clay County Supervisor of Elections’ website under ‘Candidate Forms’
Changing Designation of Office
Candidate must file a new Designation of Campaign Treasurer form (DS-DE 9) 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 no longer 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 the treasurer resigns he/she is 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 the 10 th of each calendar quarter.
day following the end Following the last day to qualify for office, a candidate is required to file campaign reports on the 32 nd (F1), 18 th (F2), and 4 th (F3), days before the Primary Election, and also on the 46 th (G1), 32 nd (G2), 18 th (G3) and 4 th (G4) days before the General Election for those candidates whose name will appear on the General Election ballot . Campaign finance reports must be completed and filed through the electronic filing system no later than midnight of reporting due date. 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 & legal holidays to file the requested information. Failure to file the requested information constitutes a violation of Chapter 106.
2010 Reporting Dates
Report Code
Q1 F1
Judicial TR
-Term. Rpt F2 F3 TR-Termination Report G1 G2 G3 G4 TR-Termination Report
*
Q4 TR-Termination Report
Campaign Report Schedule Due Date
04/12/10 07/23/10 07/29/10 08/06/10 08/20/10 09/16/10 09/17/10 10/01/10 10/15/10 10/29/10 11/22/10 01/10/11 01/31/11
Cover Period
01/01/10 – 03/31/10 04/01/10 – 07/16/10 05/01/10 – 07/29/10 07/17/10 – 07/30/10 07/31/10 – 08/19/10 6/19/10 – 09/16/10 08/20/10 – 09/10/10 09/11/10 – 09/24/10 09/25/10 – 10/08/10 10/09/10 – 10/28/10 08/20/10 – 11/22/10 10/29/10 – 12/31/10 10/29/10 – 01/31/11
*
This pertains to Committee Reporting only
Electronic Filing System
It is mandatory that all candidates filing with the Supervisor of Elections use this system . *Effective August 2009, electronic filing meets all candidate filing requirements- paper copies are no longer required to be sent to the Supervisor of Elections office.
You will be sent an email with your password & Candidate ID Number .
How to begin: Go to our website at www.ClayElections.com. Click the 'Candidates & Committees' button, then click 'Electronic Reporting Login'.
You may enter the information for your report at any time, but do not submit until the report is complete.
Note that all reports must be filed electronically no later than midnight of the report due date in order for the report to be considered filed on time.
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 or family members.) A candidate’s contributions to his/her own campaign are UNLIMITED.
NOTE: This does not apply to a spouse or other family member, they are treated as any other contributor with a $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 the entire election cycle (Primary & General.) A candidate may accept personal, business and traveler’s checks and money orders up to $500 .
Reporting Contributions
All Contributions must:
Specify name and complete address of the contributor.
Specify 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.
Anonymous contributions must be reported. A cover letter should accompany the report; the candidate should not spend the anonymous contribution; donate the amount to an appropriate entity under Section 106.141, F.S. after the campaign.
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 .
Other Contribution Payment Types
Pay Pal – May be used
List the contribution in whole.
Then list the fee as an expenditure .
Credit Cards – Restricted to statewide candidates
Debit Cards – May be used
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 include:
Date of the expenditure .
Name and complete address of the payee (including post offices or the Elections Office).
Purpose of expenditure .
Amount of the expenditure .
No expenditures shall be made or authorized without sufficient funds on deposit in the campaign account
.
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 .
May
not
be used for the purchase of time, space, or services from a communication media
.
Highlights of Political Disclaimers
( 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 which support, but does not oppose a candidate or issue , 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.
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
Candidate 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. (Not applicable for Special District candidates that aren’t required to file the DS-SE 9 are valid only for the qualifying period immediately following such filings.
.
) The petitions The number of petitions required is equal to at least 1% of the registered voters of the last General Election in the area of the office sought. Special District candidates are only required to obtain 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 required to supply, print or make copies of their own petitions.
The deadline for submitting petitions to the Supervisor of Elections office for verification: Local Candidates- before noon, May 17, 2010. Judicial Candidates-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 in advance by the candidate. 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. THE QUALIFYING FEE MUST BE PAID WITH A CAMPAIGN CHECK. Qualifying for Local 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.
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.
With actual malice, make any false statement about an opposing candidate.
After the Campaign
A termination report must be filed within 90 days of withdraw ing 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 or candidate signed an undue burden oath, the candidate must pay whichever is applicable, 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 Open an office account (if elected)
Campaign Signs
Signs may not be placed on or above state or county road right- of- ways.
Signs must be removed within 30 days of being elected, eliminated or withdrawing.
Note: Municipalities may impose additional requirements for the usage or removal of campaign advertisements.