Transcript Photography in Polling Places

Florida Department of State
Kurt S. Browning
Secretary of State
Dr. Gisela Salas
Director, Division of Elections
Presented by: Gary J. Holland,
Assistant General Counsel, Department of State
Telephone: 850-245-6536 Email: [email protected]
June 23, 2011
1
An Overview of
Changes in 2011 to
Chapter 106,
Florida Statutes Campaign Financing
2
Statement of Candidate
(s. 106.023 – Changed)
Revised wording of DS-DE 84 –
a cost savings:
From having “received, read, and
understand the requirements of Chapter
106” to having “been provided access to
read and understand the requirements ….”
3
Registered Agent
(s. 106.022 – New)
New provision for political committees and
ECO filings:
The appointment of the registered agent is
filed with applicable filing officer (not always
with the Division, as existed formerly).
• Form for appointment: DS-DE 41
4
Political Parties/APCs
“Testing the Waters” Polls
(s. 106.17 – New)
New provision:
A state or county political party executive
committee or an affiliated party committee
may conduct polls for purpose of determining
the viability of potential candidates. Poll
results may be shared with and are not
considered contributions to the potential
candidate.
5
Acceptance by Political Party of
In-Kind Contribution
(s. 106.08 – Changed)
A county party executive committee
must file a prior written acceptance of
an in-kind contribution with the SOE
(no longer only with the Division).
The acceptance is filed at same time
as finance reports are due.
6
Cash Contributions
(s. 106.09 – Changed)
• Clarification:
May contribute NMT $50 cash or
by cashier’s check in the
aggregate per candidate or
committee per election.
(Thus, can be $50 before primary;
another $50 before general)
7
Designation of Campaign Account
(s. 106.11(1) – Changed)
Remedies conflict between s. 106.05 and
s.106.11 concerning naming the campaign
account. Mandates name of campaign
account to be:
“(Name of candidate or committee)
Campaign Account”
8
Debit Cards
(s. 106.11(2) – Changed)
Two provisions deleted:
1. List of authorized debit card
users provided to the Division
2. Required expiration date to be Nov 30th
of general election year.
9
Loans by Candidates
(s. 106.11(6) – New)
New provision:
A candidate who makes a loan to his/her
campaign which has been reported per s.
106.07 may be reimbursed for the loan at
any time the campaign account has
sufficient funds to repay the loan and satisfy
its other obligations.
10
Surplus Funds Disposition
(s. 106.141 – Changed)
A candidate who has surplus funds
at the end of the campaign has no
limit as to the amount of those
funds that may be given to his/her
political party.
11
Political Committees
(s. 106.03 – Changed)
Trigger for registering:
Changed from “anticipating” receiving
contributions or making expenditures
>$500/calendar year to
actually receiving contributions or making
expenditures >$500/calendar year
Location for registration:
If PC would be required to file in two or more
locations, need only file with the Division. 12
Electioneering Communications
Organizations
(s. 106.03 – Changed)
Criteria for filing statement of organization:
Filing of Statement of Organization now
dependent on expenditures, not receipt of
contributions; plus, depends on the timing of
the expenditure. (see next slides)
13
Electioneering Communications
Organizations
(s. 106.03 – Changed) cont’d
Group must file as an ECO within:
1. 24 hours of the date on which group
makes expenditures for an EC > $5000 if
such expenditures occur within 30 days
of a primary or special primary election or
60 days before any other election.
OR
14
Electioneering Communications
Organizations
(s. 106.03 – Changed) cont’d
2. 24 hours after the 30th day before a
primary or special primary election or 60
days before any other election, as
applicable, if the group makes
expenditures for an EC > $5000 before
the “30/60” window.
15
Electioneering Communications
Organizations
(s. 106.03 – Changed) cont’d
Gary Holland’s interpretation and bottom-line:
1. If a group makes expenditures > $5000 during
the “30/60-day” window, it must register as an
ECO within 24 hours of making such
expenditures; or
2. If a group makes expenditures > $5000 before
the “30/60-day” window, it need not register as
an ECO until 24 hours after the beginning of the
16
“30/60-day” window.
Electioneering Communications
Organizations
(s. 106.03) cont’d
Example #1: A group spends $10,000 for a
TV advertisement 90 days before an
election to show facts why a pending
referendum should be defeated.
Does this trigger an ECO registration
requirement?
Answer: No. It’s a trick question; electioneering
communications concern only candidates, not issues.
17
Electioneering Communications
Organizations
(s. 106.03) cont’d
Example #2: A group spends $8,000 for an
EC TV advertisement 45 days before the
primary election praising the virtues of a
candidate.
Does this trigger an ECO registration
requirement?
Answer: Yes – the group must register as ECO within 24
hours after the 30th day before the primary election.
18
Electioneering Communications
Organizations
(s. 106.03) cont’d
Example #3: A group spends $3,500 for a
direct mail campaign 20 days before the
general election detailing the vices of a
candidate.
Does this trigger an ECO registration
requirement?
Answer: No, to trigger the ECO registration, the
expenditures must exceed $5,000.
19
Electioneering Communications
Organizations
(s. 106.03 – Changed) cont’d
Location for ECO registration:
If ECO would be required to file in two or
more locations, it need only file with the
Division.
Retroactive reports back to last
general election no longer required.
20
Campaign Finance Reports
(s. 106.07 – Changed)
• Timing: Clarifies that there is not a
quarterly report due for 3rd quarter
immediately preceding a general
election.
• Special Primary Election to fill vacancy:
PCs making expenditures to influence
the election must file reports on dates
set by Department.
21
Campaign Finance Reports
(s. 106.07 – Changed) cont’d
• Notice for incomplete reports: No
longer required to be by registered mail;
can be by certified mail or another
delivery method using a common carrier
that provides proof of delivery.
• Notice for incomplete or late-filed
reports: Deemed complete upon proof
of delivery to address on record with the
filing officer.
22
Campaign Finance Reports
(s. 106.07 – Changed) cont’d
• Incomplete reports: Campaign
treasurers have 7 (formerly 3) days after
notice to file amended report.
• Checks: Removes outdated provision
that depository had to return all checks
to treasurer.
• Receipts for reimbursed expenditures:
Treasurer must retain receipts for
reimbursement.
23
Campaign Finance Reports
(s. 106.07 – Changed) cont’d
• Increased Fine Provisions: Now also
apply to reports that are due preceding
special primary and special elections.
• Notice of late filed reports by PC:
Notice may now also be served on
registered agent, not merely the chair.
24
Political Party’s
Campaign Finance Reports
(s. 106.29 – Changed)
• Special primary or special election to fill
vacancy: Parties who make expenditures to
influence the election now must file reports on
dates set by Department.
• Increased fines: Applicable now to special
elections (if fail to file on preceding Friday).
• Notice for late-filed reports: Sufficient if proof
of delivery to address on record for party chair.
25
Disclaimers &
Political Advertisements
(s. 106.143 – Changed)
4 major changes:
1.
2.
3.
4.
If ad paid for by a candidate: Ad need not
say “approved by” the candidate.
Disclaimer now exists for write-in candidate:
No party affiliation permitted in this disclaimer.
Nonpartisan candidates: Ch 106 now
prohibits campaigning based on party affiliation.
Tickets and ads for campaign fundraisers:
No longer need a disclaimer (s. 106.025).
26
New Provisions re:
Enforcement of Chapter 106
• Violation of Ch 106 does not affect candidate’s
qualifying for office, unless law prescribes such.
• Respondents given 14 days to respond before
Florida Elections Commission may find a
complaint legally sufficient.
• DOAH can impose fines in cases generated
from the Commission.
• Commission may enter into consent order
without respondent admitting violation.
27
POCs at Department of State
for questions on Chapter 106:
Procedural:
Kristi Reid Bronson
Bureau of Elections Records
phone: 850-245-6240
email: [email protected]
Legal:
Gary J. Holland
Office of General Counsel
phone: 850-245-6536
email: [email protected]
28
Questions
29