HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 21/Candidate Handbook_03/15/2016 �
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June 2015
Florida Department of Sta#e
Division of Elec#ions
R. A. Gray Building, Room 3.16
500 South Bronough Street.
Tallahassee, FL 32399-02�0
�850) 245-6240
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Candidate & Campaign Treasurer Handbook
June 2015
Chapter1: Background .................................................................................................................................1
Chapter 2: The Campaign Financing Act ....................................................................................................... 2
Chapter 3: Offices to be Elected in 2016 ...................................................................................................... 3
Chapter4: Glossary of Terms ........................................................................................................................4
Chapter5: Becoming a Candidate ................................................................................................................ 7
Whatto File ............................................................................................................................................... 7
FilingOfficer ..............................................................................................................................................8
Resign-to-Run ...........................................................................................................................................8
Federal Hatch Act for State and Local Employees ..................................................................................9
Federal Hatch Act for Federal Employees .................................................................................................9
Changing Parties for Partisan Offices ......................................................................................................10
Changing the Designation of Office ........................................................................................................10
ProRata Refund Example .......................................................................................................................11
Chapter 6: Statement of Solicitation ..........................................................................................................12
Who Must File Form DS-DE 102, Statement of Solicitation ...................................................................12
Whento File ...........................................................................................................................................12
Penaltyfor Late Filing .............................................................................................................................12
Public Website and Mission Statement ..................................................................................................12
AdditionalReporting ...............................................................................................................................12
Chapter7: Prohibited Acts ..........................................................................................................................13
Speakingat Political Meetings ................................................................................................................13
Using State-Owned Aircraft or Motor Vehicle ........................................................................................13
Using Services of State, County, Municipal, or District Officers or Employees ......................................13
Making Contributions in the Name of Another ......................................................................................13
Solicitation from Religious, Charitable and Civic Organizations .............................................................13
Accepting Contributions in a Government- Owned Building .................................................................14
MakingMalicious Statements ................................................................................................................14
Making False Representation of Military Service ...................................................................................14
Certifyinga False Report .........................................................................................................................14
Limitations on Political Activity for Judicial Candidates .........................................................................14
Judicial Candidates and the Judicial Ethics Advisory Committee (JEAC) ................................................15
Chapter 8: Campaign Treasurers ................................................................................................................16
Appointing Campaign Treasurers and Deputy Treasurers .....................................................................16
Dutiesand Responsibilities .....................................................................................................................16
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Resignationor Removal ..........................................................................................................................18
Chapter9: Campaign Depositories .............................................................................................................19
PrimaryCampaign Depository ................................................................................................................19
Secondary Campaign Depository ............................................................................................................19
Separate Interest-Bearing Accounts and Certificates of Deposit ...........................................................20
CampaignChecks ....................................................................................................................................20
DebitCards ............................................................................................................................................. 21
CreditCards ............................................................................................................................................ 21
Chapter10: Contributions .......................................................................................................................... 22
UnauthorizedContributions ...................................................................................................................22
AnonymousContributions ......................................................................................................................22
In-Kind Contributions ..............................................................................................................................23
Loans ....................................................................................................................................................... 23
CashContributions ................................................................................................................................. 23
Debit and Credit Card Contributions ......................................................................................................24
Contribution Limits for Candidates ........................................................................................................24
ForeignContributions .............................................................................................................................25
Violations................................................................................................................................................ 25
Deadlines for Accepting Contributions ...................................................................................................25
Chapter11: Expenditures ...........................................................................................................................26
Definition................................................................................................................................................ 26
GeneralRequirements ............................................................................................................................26
Checks..................................................................................................................................................... 26
LivingExpenses .......................................................................................................................................27
PettyCash Funds ....................................................................................................................................27
Limits on Petty Cash Fund Amounts .......................................................................................................27
IndependentExpenditures .....................................................................................................................27
CreditCards ............................................................................................................................................ 29
DebitCards ............................................................................................................................................. 29
Electioneering Communications .............................................................................................................30
Expenditures for Electioneering Communications .................................................................................31
Chapter 12: Political Advertising .................................................................................................................32
CandidateDisclaimers ............................................................................................................................32
Exceptions to Disclaimer Requirements .................................................................................................33
Disclaimer for Write-in Candidates ........................................................................................................35
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Non-incumbent Advertisements ............................................................................................................ 36
Advertisement Provided In-kind .............................................................................................................36
Chapter13: Other Disclaimers ....................................................................................................................37
Endorsements in Political Advertisements .............................................................................................37
Independent Expenditure Disclaimers ...................................................................................................38
Disclaimers for Other than Independent Expenditures .........................................................................39
Disclaimerson Novelty Items .................................................................................................................40
LanguageOther Than English .................................................................................................................40
Electioneering Communications Disclaimers .........................................................................................40
Other Political Disclaimer Examples .......................................................................................................41
MiscellaneousAdvertisements ...............................................................................................................42
Use of Closed Captioning and Descriptive Narrative in all Television Broadcasts .................................42
Chapter14: Fund Raisers ............................................................................................................................43
Contributions from Fund Raisers ............................................................................................................43
Expendituresfor Fund Raisers ................................................................................................................43
Tickets.....................................................................................................................................................43
Chapter 15: Telephone Solicitation ............................................................................................................44
TelephoneSolicitation ............................................................................................................................44
RegisteredAgent ....................................................................................................................................45
Chapter 16: Filing Campaign Reports ..........................................................................................................46
Whereto File ..........................................................................................................................................46
Whento File ...........................................................................................................................................46
PenaltyforLate Filing .............................................................................................................................47
Noticeof No Activity ...............................................................................................................................47
IncompleteReports ................................................................................................................................47
ReportingTotal Sums .............................................................................................................................48
ReportingContributions .........................................................................................................................48
ReturningContributions .........................................................................................................................48
ReportingExpenditures ..........................................................................................................................49
Special Requirements for Judicial Retention Candidates .......................................................................49
Chapter17: Termination Reports ...............................................................................................................51
Prior to Disposing of Surplus Funds ........................................................................................................51
Disposingof Surplus Funds .....................................................................................................................51
Money from Separate Interest-Bearing Account or Certificate of Deposit ............................................52
CampaignLoans Report ..........................................................................................................................52
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Chapter 18: Reporting for Individuals Seeking a Publicly Elected Position on a Party Executive Committee....54
Whereto File .......................................................................................................................................... 54
Whento File ...........................................................................................................................................54
TerminationReports Not Required ........................................................................................................54
Penaltyfor Late Filing .............................................................................................................................54
IncompleteReports ................................................................................................................................55
ReportingRequirements ........................................................................................................................55
Chapter 19: Electronic Filing of Campaign Reports ....................................................................................56
Accessingthe EFS .................................................................................................................................... 56
CreatingReports .....................................................................................................................................56
SubmittingReports .................................................................................................................................56
ElectronicReceipts .................................................................................................................................57
Chapter20: Office Accounts ....................................................................................................................... 58
Usingthe Office Account ........................................................................................................................58
ReportingOffice Account Funds .............................................................................................................59
Chapter 21: Carryover Campaign Funds .....................................................................................................60
Chapter22: Recordkeeping ........................................................................................................................61
Contributions.......................................................................................................................................... 61
Expenditures........................................................................................................................................... 61
Preservationof Accounts ........................................................................................................................62
Inspections.............................................................................................................................................. 62
Chapter 23: Bookkeeping Suggestions ........................................................................................................ 63
Chapter 24: Florida Elections Commission .................................................................................................64
AutomaticFine Appeal Process ..............................................................................................................64
ComplaintProcess ..................................................................................................................................64
Appendix A: Frequently Asked Questions ...................................................................................................66
Candidates.............................................................................................................................................. 66
CampaignFinance ...................................................................................................................................67
Appendix B: 2016 Deadlines for Accepting Contributions ............:.............................................................73
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C�nap�er 1: �c�ground
Other helpful websites are:
The information contained in this
publication is intended as a quick reference Rorida BectionsQ�mmission:
guide only and is current upon publication.
To the extent that this handbook covers � - =-_ _
material beyond that contained in law or
rule, the Division of Elections (Division)
offers such material to candidates as
guidelines. Chapters 97-106, Florida Florida Bected Offiaals:
Statutes, the Constitution of the State of
Florida, Division of Elections' opinions and �- -- �� ' - - - - � ---�
rules, Attorney General opinions, county
*_a���,- e;ec.� :-��Fic:a;s,'
charters, city charters and ordinances, and
other sources should be reviewed in their
entirety for complete information regarding
campaign financing and qualifying. Florida 9.�pervisorsof Bections:
In addition, the following publications �` ����•mvflorida.com/elections/contact
;/su�e; v���r-�=__�i r
produced bythe Division should be reviewed —
for further information:
• State Qualifying Handbook
Rorida Assoaation of Qty Qerks:
• Candidate Petition Handbook
• Candidate Electronic Filing System =-"��� `�` f� y° '�"'uac�e� Ks.�r�
User's Guide
• Calendar of Reporting Dates Florida Attorney General:
All forms and publications mentioned in this - �ya: /�:,:= u: . � �.� _� �_-�
handbook are available on the Division's �
website at:
_: � - 1 � : �- � _. Federal Bection Commission:
publications/
httq://www.fec.�ov
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Chapter 2 : �"l� ��pal�r • Reports to the Florida Elections
� i��� Commission any apparent violations
.�S � ��? � `�� of � - - -
__ _ • Prescribes rules and regulations to carry
�� � _� � _ � - � �'� - �__ _=;, regulates out the provisions of � : �;e;� " -
campaign financing for all candidates, _. _ -- ----=--
���� : ����a�.,
including judicial candidates, political (�ions :;� ==and �='�.2�, F.S)
committees, electioneering communication — --
organizations, affiliated party committees,
and political parties. It does not regulate
campaign finanang for candidates for
federal office. Individuals9eeking a publidy
elected position on a political party
executive committee who reoeive
contributions or make expenditures must
comply with Section _��.��-�_, F.S,
regarding reporting requirements.
(See : _:apter 1 �, i-��ortinG for � � �=;:s
�e;in� a Publically Bected Pos: �,� a
Partv 6cecutive Committee.)
The Division of Elections:
• Oversees the interpretation of and
provides guidance on the election laws.
• Provides advisory opinions to
supervisors of elections, candidates,
local officers having election related
duties, political parties, political
committees, or other persons or
organizations engaged in political
activity, relating to any provisions or
possible violations of Florida election
laws with respect to actions such person
or entity has taken or proposes to take.
• Conducts audits with respect to reports
and statementsfiled under :�_ =��.
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Chapter 3: Officesto � �@ 8?CtAC� Judiqal (Nonpartisan)
� � 2�� � expire January 2017
• Justice of the Supreme Court
Federal Offices • Judge, District Court of Appeal
• President and Vice President • Circuit Court Judges
• Representative in Congress (all
districts) • County Court Judges
• U.S. Senate
gate Offices
• State Attorney (Circuits 1-19)
• Public Defender (Circuits 1-19)
• State Senator (odd numbered
districts)
• State Representative (all districts)
County Offices
• These vary from county to county,
however, most will elect:
o Board of County
Commissioners
o School Board
o Other offices depending on
co u nty.
• Information for a particular county
can be obtained from the �- �
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���t��' �°�j'^�aY�.,� ^t T4r�c This definition does not include an individual
� � seeking a publically elected position on a
political party executive committee.
C�mpaign Fund F�iser: Any affair held to
9zct ions �7. v2 �; 5;
and �:�,�' "3l F.S
raise funds to be used in a campaign for -- )
public office.
(�ction �_ _ . � -� F.S)
-- �ntribution: (�e �ction �� ��..;;,�; �i i.� F.S
and = _--- - ^ ._-•)
C�mpaign Treasurer: An individual
appointed by a candidate or political
committee as provided in Chapter 106, F.S. Bection: Primary election, special primary
(�ction �:.� �" -; = F.S) election, general election, special election,
or municipal election held in this state for
the purpose of nominating or electing
Candidate: A person to whom any of the candidates to public office, choosing
following applies: delegates to the national nominating
conventions of political parties, selecting a
• person who seeks to qualify for member of a political party Executive
nomination or election by means of Committee, or submitting an issue to the
the petitioning process; electors for their approval or rejection.
(�ction - =, F.S)
• person who seeks to qualify for
election as a write-in candidate;
HeCtior�eering C�rr�x,r�ic�ti0n: Communication
• person who receives contributions or Publicly distributed by a television station,
makes expenditures, or gives his or radio station, cable television system,
her consent for any other person to satellite system, newspaper, magazine,
receive contributions or make direct mail, or telephone that (1) refers to or
expenditures, with a view to bringing depicts a clearly identified candidate for
about his or her nomination or office without expressly advocating the
election to, or retention in, public election or defeat of a candidate but that is
office; susceptible of no reasonable interpretation
other than an appeal to vote for or against a
• person who appoints a campaign specific candidate; (2) is made within 30 days
treasurer and designates a primary before a primary or special primary election
depository; or or 60 days before any other election for the
office sought by the candidate; and (3) is
targeted to the relevant electorate in the
• person who files qualification papers geographical area the candidate would
and subscribes to a candidate's oath represent if elected.
as required by law.
(9�ction !__- =_ FS)
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6cpenditure: (3�e �ction 106.011; i C;, F.S election or retention thereto is prohibited
and :��:apter 1?. Ex�enditures.) from campaigning or qualifying for such an
office based on party affiliation.
(S�ction �' ��-.;;� , F.S)
Rling Officer: The person before whom a �
candidate qualifies the agency or officer with
whom a political committee registers Minor Fblitical Party: Any group which on
(9zCtion __�= �� �: , F.S) January 1 preceding a primary election does
not have registered as members five percent
of the total registered electors of the state.
General 6ection: An election held on the (�ction �� =_� ._�, F.S)
first Tuesday after the first Monday in �
November in the even-numbered years, for
the purpose offilling national, state, county, NOminal Value: Having a retail value of $10
and district offices and for voting on or less.
constitutional amendments raot otherwise (5ection �__�__�_ F.S)
provided for by law.
(�ction ^ .0� ____, F.S)
Nonpartisan Office: An office for which a
candidate is prohibited from campaigning or
Indepe�'tdertt E�enditure: (3�e qualifying for election or retention in office
3action i;� ��_�, F.S ar�d =____ based on party affiliation.
�er�dit:.;�.) (�ction ��.J�_� � �_, _ FS)
In-Kind Cbntribution: In-kind contributions OfficeAocount: A candidate elected to office
are anything of value made for the purpose or a candidate who will be elected to office
of influencing the results of an election by virtue of his or her being unopposed may
except money, personal serv�ces provided transferfunds from the campaign account to
without compensation by individual an office account up to limits listed under
volunteers, independent expenditures, as Section 106.141(5), F.S. This fund must be
defined in Section ^^ "=_;"=_, F.S., or used only for legitimate expenses in
endorsements of three or more candidates connection with the candidate's public
by affiliated party committees or political office.
parties. (�e Division of BectionsOpinion �__ (�ction ___;� -_, FS)
_)
P�rson: An individual or a corporation,
�dicial Office: Includes the office of Justice association, firm, partnership, joint venture,
of the Supreme Court, judge of a district joint stock company, club, organization,
court of appeal, judge of a circuit court, and estate, trust, business trust, syndicate, or
`' county court judge. A judicial office is a other combination of individuals having
nonpartisan office and a candidate for collective capacity. The term includes a
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Candidate & Campaign Treasurer Handbook
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political party, affiliated party committee, or �eCi31 Primary BeCtion: A special
political committee. nomination election designated by the
(�ction _:��� ;;' !=�':, F.S) Governor, called for the purpose of
nominating a party nominee to be voted on
in a general or special election.
F�tty Cdsh: Cash accumulated pursuant to (S�;ction =.�%� �=v, F.S)
statutory limits and spent in amounts of less
than $100 to be used only for office supplies,
transportation expenses, and other gatewide OFfice: Governor, Cabinet, and
necessities by the candidate. Supreme Court Justice.
(9zctions� �� _-� and ___�;, F.S)
Unopposed C�ndidate: A candidate for
PblitiCal Advertisement: (S�e nomination or election to an office, who,
S�ction -= -� � , F.S and �'�� __�= after the last day on which a person,
__=� :ad'✓_e'=�_�+"'�.) including a write-in candidate, may qualify
,
is without opposition in the election at which
the office is to be filled or who is without
Pt'imary Bection: An election held preceding such opposition after such date as a result of
the general election for the purpose of a primary election or of withdrawal by other
nominating a party nominee to be voted for candidates seeking the same office. A
in the general election to fill a national, state, candidate is not an unopposed candidate if
county, or district office. there is a vacancy to be filled under
(S�;ction y-.�`%"� �;2�', F.S) Section ��:::�,____ _, F.S., if there is a legal
proceeding pending regarding the right to a
ballot position for the office sought by the
Public Office: A state, county, municipal, or candidate, or if the candidate is seeking
school or other district office or position that retention as a justice or judge.
is filled byvote of the electors. (�ction=�.�� ��_ F.S)
(3�ction ______� F.S)
�ecial Bec�ion: Called for the purpose of
voting on a party nominee to fill a vacancy in
the national, state, county, or district office.
(3�ction :;_ �?' ��, F.S)
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Candidate & Campaign Treasurer Handbook
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Chapter 5: ��m� �g c� candidate can appoint a campaign
r� r �; �� � treasurer and designate a campaign
�� � depository at any time, but no later than
the date the candidate qualifies for office,
and before any contributions are received,
A candidate is a person who: any expenditures are made, and any
signatures are obtained on a candidate
1. Seeks to qualify for nomination or petition. Nothing prohibits a person from
election by means of the petition announcing their intention to become a
process; candidate prior to filing =T as
long as no contributions are received, no
2. Seeks to qualify for election as a write-in expenditures are made, and no signatures
candidate; are obtained on a candidate petition.
Individuals seeking a publically elected
3. Receives contributions or makes position on a political party executive
expenditures, or consents for any other committee are also required to file =� �-� _�
person to receive contributions or make __. (See �-= :�.�: � �_ _-- �_:,�rers.)
expenditures, with a view to bring about — �
his or her nomination or election to, or -_� ---
retention in, public office; --- ---
• Is considered "filed" only when the filing
4. Appoints a treasurer and designates a officer receives the form, (not upon
primary depository; or mailing) and determines that the form is
complete.
5. Files qualification papers and subscribes
to a candidate's oath as required by law. . Shall be filed with the filing officer prior
to opening the campaign account.
6. This definition does not include an
individual seeking a publically elected ,
Shall be filed with the filing officer prior
position for a political party executive to the candidate accepting any
committee. contributions or making any
(�Ction _=�T=____ F.S) expenditures, or authorizing anotherto
accept contributions or make
expenditures on the person's behalf.
��l� r a 1 �1`Cli iU �1s�
� .., _ _ _ .
• Shall be filed with the filing officer prior
_� �__- .�, Appointment of C�mpaign to obtaining signatures on a�_ -�_ _�
�,
Treasurer and Designation of Campaign Candidate Petition.
Depository for C�ndidates, is the first
document that must be filed with the filing =__�___-__ _, gatement of C�ndidate,
officer to become a candidate. At the same must be filed with the filing officer within
time, the candidate must designate the 10 days after filing _ �. �-�___- __ =. This form
office for which he or she us running. A states that the candidate has been provided
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Candidate & Campaign Treasurer Handbook
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access to read and understand the Resign-to-f�n
requirements of = _ - ` rt = �. The
execution and filing of the statement of No officer may qualify as a candidate for
candidate does not in and of itself create a another state, district, county, or municipal
presu_mption that any violation of �-��.�; public office if the terms or any part
_� -..�., or �:� :��:_� ��-- =._:, is a willful thereof run concurrently with each other,
violation. An individual seeking election to a without resigning from the office he or
political party Executive Committee is NOT she presently holds. The resignation is
required to file _�__�=_:: _>�_. irrevocable.
-:: �- =_-: __:, S�atement of C�ndidate for The written resignation must be submitted
Judiaal Office, must be filed by each at least ten days prior to the first day of
candidate for judicial office, including an qualifying for the office. The resignation
incumbent judge, within 10 days after must be effective no later than the earlier of
filing -__________= the following dates:
This form states that the judicial candidate • The date the officer would take office, if
has received, read, and understands the elected; or
requirements of the Florida Code of Judicial
Conduct. • The date the officer's successor is
(Sections 1� �:..JJ� , 106.C�' required to take office.
and 106.023, F.S) (�ction = __� ��_ � , FS)
A person who is a subordinate officer,
FII!�?� �rE�.r deputy sheriff, or police officer must
resign effective upon qualifying pursuant
The filing officer is the person before whom to this chapter if the person is seeking to
a candidate qualifies: qualify for a public office that is currently
held by an officer who has authority to
• Division of BeCtions appoint, employ, promote, or otherwise
o State, multicounty district, and supervise that person and who has
judicial offices (except county qualified as a candidate for reelection to
court judge) that office.
(5ection =:�.�_=__._, F.S)
• �pervisor of Bections
o County court judge, countywide, The resign-to-run law does not apply to
and district offices (except political party offices, persons serving
multicounty offices) without salary as members of an
appointive board or authority, and persons
• Municipal Qerk holding federal office or seeking the office
o Municipal offices of President or Vice President.
(3�ction� �_._:�, FS) (9zction�= � .=�:.._-"-NV-.� FS)
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Candidate & Campaign Treasurer Handbook
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For additional information regarding resign- potential candidates. Inquiries about the
to-run, see the Division's Frequently Asked Hatch Act should be directed to the Special
Questions page: Counsel's "Hatch Act Unit." The contact may
be in writing or by telephone at:
- �:!l�O�.i:^,y"�G� ��:;a.�u(:":/c;�C�:vi;�. - _ __ ..
s/frequentiv-asked-questions; Hatch Act Unit
U.S. Office of Special Counsel
1730 M Street, N.W., Suite 218
Federal Hatch Act for State anC Washington, D.C. 20036-4505
L�cal Employees Tel: (800) 85-HATCH or (800) 854-2824
(202) 254-3650
Although a person may not be someone
who would have to resign under Florida's Requests for Hatch Act advisory opinions may be
resi n-to run law the made by e-mail to: hatchact@osc.�ov
g , person may be
precluded by the federal Hatch Act (5 USC
§ 1501 — 1508) from holding his or her Information about the Hatch Act as it
current job and becoming a candidate in a pertains to state and local employees may
partisan election. The Hatch Act restricts the be found at:
political activity of individuals employed by
the state, county, or municipality if the ` �-
employee's salary is paid for completely by
federal funds. With local governments
making increasing use of federal grants, �deral Hatch Act for Federal
state and local government employees must �'�1p��`��°°�
be cognizant of the Hatch Ac�t as it relates
to their political activities. All civilian employees in the executive
branch of the federal government, except
Please note, however, that �rursuant to 5 the President and the Vice President, are
USC § 1502(c), governors, lieutenant covered by the provisions of the Hatch Act.
governors, mayors, elected heads of Employees of the U.S. Postal Service and the
executive departments, and individuals District of Columbia, except for the Mayor
holding elective office are exempt from the of the District of Columbia, the District of
prohibition against being a candidate for Columbia's City Council and the District's
public office. The Hatch Act prohibits state, Recorder of the Deeds, are also covered by
county and municipal employees seeking the Act. Part-time federal employees are
public office in a partisan election, not an covered by the Act. If covered by the act, a
elected officer seeking re-election or federal employee may not be a candidate in
election to another office. a partisan election. For more information
about the Hatch Act as it relates to federal
The Division has no authority to advise employees, see:
individuals on the applicability of the Hatch
Act; however, the U.S. Office of Special =�_ -___ _�__ �._____:__� ____
Counsel provides advisory opinions to
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Candidate & Campaign Treasurer Handbook
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Changing Partiesfor Partisan Offices share of all contributions given in
support of the original office.
A candidate seeking to qualify as a political
party candidate may not have been a • If the contributor does not return =crm
registered member of any other political =�- �� �-:: within 30 days of receiving the
party for 365 days before the beginning of notice, the candidate may use the
qualifying precedingthegeneral electionfor contribution for the newly designated
which the person seeks to qualify. This office up to the maximum of the
provision also applies to individuals seeking contribution limits allowed by law. The
election to a political pa�ty executive full amount of the contribution for the
committee office. original office shall count toward the
(�ction v=,:: __, F.S) contribution limits for the new office.
Any amount that exceeds the
contribution limits for the new office
�dnginCthe Designat Of OffiCe must be properly disposed of pursuant
to law.
A candidate may change the designation of (�ion � �.�- _.��: F.S)
office by filing a new =�-� �_-Y= � and a
written statement indicating the change The following formula is used to determine
with the filing officer. However, the the pro rata share:
candidate must notify each contributor in The amount of contributions contributed to
writing and offer to return their the campaign that remain in the campaign
contribution using the following acoount on the date the candidate filed the
procedure:
change of designation
• Within fifteen days after filing the MINUS
change with the filing officer the
candidate must send a written notice to �e amount already obligated for goods or
all contributors.
servicPs
• The candidate must offer (in the notice) DIVIDED BY
to return to the contributor on a pro rata
basis all contributions given in support
The total amount of contributions
of the original office. �pntributed tothecampaign
• The candidate must include (with the MULTIPLIED BY
notice) a copy of = " ��� ��=�_=,
F�quest for F�turn of Cbntribution. The amount of the contribution contributed
by the individual contributor
• If the contributor returns = � - - "- � - "
within 30 days of receiving the notice,
the candidate must return a pro rata
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Candidate & Campaign Treasurer Handbook
June 201
Pro Rata Refund Example
The candidate received a total of $5,000
from all contributors. Of this amount, the
candidate has $2,500 remaining in the
campaign account with an outstanding
amount of $500 owed for goods and
services. This leaves $2,000 in the account
to be used for pro rata refunds. One
contributor gave a $500 original
contribution and wishes to have it returned.
$2, 500 - $500 = $2, 000 = $5, 000 = 40% x
$500 =$200 pro rata refund to the
contributor
(�ction �__ _ � F.S)
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Candidate & Campaign Treasurer Handbook
June 2015
Chapter 6: Stat�rr�ent ��f Penalty ��r' ate Filing
�!i�i±�.#��r;
Failure to timely file =_ -m �S-D� _v _ shall
subject the person to a civil penalty of $50
per day for each late day, payable from the
Who Must File : v; r:l: � ���� �. �:�, personal funds ofthe violator.
Statement of Soliatation
The Governor, Lieutenan�t Governor, public Website and Mission
members of the Cabinet, state legislators, or �atement
candidates for such offices who directly or
indirectly solicit, cause to be solicited, or Upon filing = -_ -, with the
accept any contribution on behalf of an Division, a public website must be created
organization that is exempt i�rom taxation
under s. 527 or s. 501(c)(4) of the Internal that contains the mission statement and the
Revenue Code, which such individuals, in names of persons associated with the
whole or in part, establish, maintain, or organization. The address of the website
shall be reported to the Division within 5
control, must file =� �� Y=-v =:__. business davs after the website is created.
When to File Additiona! RepoY}�r�
Each office holder or candidate must
All contributions received shall be disclosed
file =� -- �:j-_ =�� � within 5 davsafter he or on the website within 5 business days after
she directly or indirectly solicits, causes to be deposit, together with the name, address,
solicited, or accepts any contribution on and occupation of the donor. All
behalf of a 527 or 501(c)(4) organization. An
office holder or candidate is required to file expenditures by the organization shall be
this form only once for each organization. individually disclosed on the website within
5 business days after being made.
_� - - = - '= � � - gatement of Soliatation
� �� ✓� �-' Imqortant: An individual acting on behalf of
shall be filed with the Division and, at a
minimum, must contain the following his or her own campaign, a political party, or
information:
an affiliated party committee of which the
individual is a member is not required to
file =::. -_ �__�_ _�=.
• The name of the person ac�ing on behalf (�ion _ �_�__=_, F.S)
of the organization. — -
• The name and type of the organization.
• A description of the relationship
between the person and the
organization.
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Candi�date & Campaign Treasurer Handbook
June 2015
Chapter 7: Prohibited Acts UsingServicesof S�ate, County,
Muniapal, or District Officersor
Empl oyees
�eaking at Political Meefiings
A candidate may not, in the furtherance of
No person shall pay money or give anything his or her candidacy for nomination or
of value for the privilege of speaking at a election to public office in any election, use
political meeting in the furtherance of his or the services of any state, county, municipal,
her candidacy, nor shall anyone speaking for or district officer or employee of the state
such a person pay money or gie�e anything of during working hours.
value for such privilege. (9�ction �:;u. �.: ;; . F.S)
(�ction � ;;�. i 5; F.S)
Making Q�ntributions in the Name of
UsingS�ate-Owned Aircraft or Motor Another
Vehide
A person may not make any contribution
No candidate, in the furtherance of his or her through or in the name of another, directly
candidacy for nomination or election to or indirectly, in any election.
public office in any election, shall use any (3�ction � �:_�.__:`, F.S)
state-owned aircraft or motor vehicle, as �
provided in _-_ �.� �; T=_ ___ solely for the
purpose of furthering his or her candidacy. SpIICltltlOn ffOCTI R�IIgIOUS,
However, in the event a candidate uses any ��ritable and Q �✓iCOrgar�izatiOns
state-owned aircraft or motor vehicle to
conduct official state business and while on Candidates may not:
such trip performs any function in the
furtherance of his or her candidacy for �
nomination or election to public office in any Solicit contributions from any religious,
election, the candidate shall prorate the charitable, civic, or other causes or
expenses incurred and reimburse the organizations established primarily for
the public good.
appropriate agency for any trip not
exclusively for state business and shall pay . Make contributions, in exchange for
either a prorated share of all fixed and
variable expenses related to the ownership, Political support, to any religious,
operation, and use of such aircraft or one-
charitable, civic, or other cause or
half of the total fixed and variable expenses organizations established primarily for
the public good.
related to the ownership, operation, and use
of such aircraft, whichever is greater. The It is not a violation:
reimbursement shall be made from the —
campaign account of the candidate. . To make gifts of money in lieu of flowers
(9zction _::,�_____ F.S) in memory of a deceased person.
13
Candidate & Campaign Treasurer Handbook
June 2015
Making False F�epresentation of
• For a candidate to continue membership �/I i I itary Ser�a
in, or make regular donations from
personal or business funds to, religious, A candidate may not falsely represent that
political party, civic, or charitable he or she served or is currently serving in the
groups of which the c�andidate is a military, whether active duty, Reserve or
member or to which the �candidate has National Guard.
been a regular donor for imore than six (�Ction ;:;-..�:- ,_, F.S)
months. - --
• For a candidate to p�¢rchase, with 1 .
campaign funds, tickets, admission to ��:� ��''� �`�'�'�-�
events, or advertisements from religious,
civic, political party, or charitable groups. Any candidate, campaign manager,
(S2Ction _ ����: :_ F.S, campaign treasurer, or deputy treasurer
and Division of BectionsOpinion �-- ��:) Who willfully certifies the correctness of any
-� report while knowing that such report is
incorrect, false, or incomplete commits a
misdemeanor of the first degree.
AcceptingContributionsin a (�ctions�o6.c���_ and �u�. i�, FS)
Government- Owned Building
No person shall make and no person shall �mitationson Pblitical Activityfor
solicit or knowingly accept any political
Judi�ial Cand�d�.�es
contribution in a building owned by a
governmental entity. Accept means to
receive a contribution by p�ersonal hand A candidate for judicial office shall not:
delivery from a contributor or the
contributor's agent. This prohibition does ' Participate in any partisan political party
not apply when a government-owned activities, except that such candidate
building or any portion thereof is rented for may register to vote as a member of any
the specific purpose of holding a campaign political party and may vote in any party
fund raiser. primary for candidates for nomination of
(9�ction __�;. �-- F.S) the party in which he orshe is registered
to vote.
Making �1/laliaous�atementa ' Campaign as a member of any political
pa rty.
A candidate may not, with actual malice, . publicly represent or advertise herself or
make any false statement about an opposing himself as a member of any political
candidate.
party.
(3�ction _�-=�. %�-�`�� , F.S)
• Endorse any candidate.
14
Candidate & Campaign Treasurer Handbook
June 2015
• Make political speeches otherthan in the Judiaal �andidates and the Judicial
candidate's own behalf. �hiCSA.dviSOry COmmitt�e ��AG�
• Make contributions to political party The Florida Supreme Court recognizes the
funds. 1EAC as the body that may render written
advisory opinions concerning the conduct of
• Solicit contributions for any political judges and judicial candidates for opinions
party. relating to elections and campaign—related
topics, see:
• Accept contributions from� any political
party. - _���,:i'iwww.;uao.c� �i �e�aiCcrnmunizvi �e�
__='ac+ ce/opinions/leacopinions/sublectopi
• Accept or retain a place on any political --n�/��o�+��r; �,+m�
party committee. ^
• Make any contribution tc� any person,
group, or organization for its
endorsement to judicial office.
• Agree to pay all or any part of an
advertisement sponsored by any person,
group, or organization wherein the
candidate may be endorsed for judicial
office by any such persnn, group or
organization.
A candidate for judicial office or retention
therein who violates the provisions of this
section is liable for a civil fine of up to $1,000
to be determined by the Florida Elections
Commission.
A candidate for judicial office may attend
and speak on his or her own behalf at
political party meetings and other functions.
However, care must be exercised to insure
compliance with �___;_:____ _ and
the _-- -_ �__ ._
-- (�ction _ ��,� :__, FS,
and Division of BectionsOpinion -�-v=)
15
Candidate & Campaign Treasurer Handbook
J un e 201
�'��tor �' �(p����r �y���,�,Y�w� • A candidate for statewide office
(Governor, Cabinet and Supreme Court
Justice) may appoint no more than 15
deputy campaign treasurers. Any other
�,p�0'� nti�r�ampaic�r Treasurersan candidate may appoint no more than
Deputy Treasurers three deputy campaign treasurers.
Each candidate and each individual seeking . Deputy campaign treasurers are
election to a political party executive appointed in the same manner as the
committee shall appoint a campaign cam ai n treasurer b filin -.: � u�-_ _
p g Y g _-- ^--=-_�
treasurer by filing =�_;,� =.�� �_=, _ with the filing officer.
Appointment of C�mpaign Treasurer and
Designation of C�mpaign Depository for _� . �., - � �- _ -
Candidates with the filing officer before
whom the candidate qualifies. The name and . Is considered "filed" only when the filing
address of the campaign treasurer must be officer receives the form, (not upon
included on the form. A c�ndidate may mailing) and determines that the form is
appoint a campaign treasurer and designate complete.
a campaign depository at any time, but no
later than the date the candidate qualifies . Shall be filed with the filing officer prior
for office, and before any contributions are to opening the campaign account.
received, any expenditures are made, and
any signatures are obtained o� a candidate . Shall be filed with the filing officer prior
petition. Nothing prohibits a person from to the candidate accepting any
announcing his or her intention to become a contributions or making any
candidate prior to filing _�r 1�-; _^, as expenditures, or authorizing another to
long as no contributions are received, no accept contributions or make
expenditures are made, and no signatures expenditures on the person's behalf.
are obtained on a candidate petition.
• Shall be filed with the filing officer rior
• A candidate or individual seeking to obtaining signatures on a��-::_ "
election to a political party executive Candidate Petition. � �-,
committee must appoint a campaign
treasurer.
• A candidate or individual seeking DUtI2S��G �'�°�^�;.�::�::2v
election to a political party executive
committee may appoint herself or No contribution or expenditure, including
himself as campaign treasurer or deputy contributions or expenditures of a candidate
campaign treasurer. or of the candidate's family, shall be directly
or indirectly made or received in furtherance
of the candidacy of any person for
nomination or election to political office in
the state except through the duly appointed
16
Cand�date & Campaign Treasurer Handbook
June 2015
campaign treasurer of the candidate, subject contributions received and all
to the following exceptions: expenditures made by or on behalf of the
candidate. Such accounts must be kept
• Independent expenditures; current within not more than two days
after the date a contribution is received
• Reimbursements to a candidate or any or an expenditure is made.
other individual for expenses incurred in
connection with the camp�ign by a check • Shall deposit all funds received by the
drawn upon the campaign account and end of the 5th business day into the
reported pursuant to =,_ ��_-� -_, campaign depository. All deposits
F.S. The full name and address of each shall be accompanied by a bank deposit
person to whom the candidate or other slip containing the name of each
individual made payment for which contributor and the amount of each
reimbursement was made by check contribution.
drawn upon the campaign account shall
be reported pur•suant to • Shall keep detailed accounts of all
Section _ � u._; �___, F.S., tog�ether with the deposits made in any separate interest-
purpose of such payment; bearing account or certificate of deposit
and all withdrawals made from these
• Expenditures made indirectly through a accounts to the primary depository and
treasurer for goods or services, such as all interest earned.
communications media placement or
procurement services, campaign signs, • 9�tall preserve all aCCOUntsfor a number
insurance, or other expenditures that of years equal to the term of office to
include multiple integral camponents as which the candidate seeks election.
part of the expenditure and reported
pursuant to Section :_:. �.��____, _____�.; or • Shall file regular reports of all
contributions received and expenditures
• Expenditures made directly by affiliated made by or on behalf of such candidate.
party committee or political party
regulated by _� -___ ______ for • May be fined $1,000 or more or be
obtaining time, space or services in or by subjected to criminal penalties for failing
any communications medium for the to file a campaign report or filing an
purpose of jointly endorsing three or incomplete or inaccurate report.
more candidates, and any such
expenditure shall not be considered a Deputy campaign treasurers may exercise
contribution or expenditure to or on any of the powers and duties of the
behalf of any such candidate for the campaign treasurer when specifically
purposes of this chapter. authorized to do so by the campaign
treasurer and candidate.
The campaign treasurer:
Accounts, including separate interest-
• Shall keep detailed aca�unts of all bearing accounts and certificates of deposit,
17
Candidate & Campaign Treasurer Handbook
June 2015
kept by the campaign treasurer of a officer on Form DS-DE 9, Appointment of
candidate may be inspected under Campaign Treasurer and Designation of
reasonable circumstances before, during, or Campaign Depository for Candidates.
after the election to which the accounts (9zction �:;��. �% ��LL, F.S)
refer by any authorized representative of the
Division orthe Florida Election:� Commission.
(�ctions� ���,, � �,
_ -�-_, �_= and �' ��6.26:;, F.S)
Resignation or Removal
IMPOF�tTANT: When a campaign treasurer
resigns or is removed by the candidate, a
copy of the letter of resignation or removal
must be filed with the filing officer.
A campaign treasurer or deputy treasurer
can resign by:
• Submitting his or her resignation to the
candidate in writing and filing a copy
with the filing officer;
• The resignation is not eff�ctive until a
copy of the written resignation is filed
with the filing officer.
A candidate may remove the campaign
treasurer or deputy treasurer by:
• Giving written notice to the campaign
treasurer or deputy treasurer and filing a
copy with the filing officer;
• The removal isnot effective until acopy
of the written notice is fuled with the
filing officer.
In the case of death, resignation, or removal
of a campaign treasurer or deputy treasurer,
the candidate shall appoint a successor by
certifying the name and address to the filing
18
Candidate & Campaign Treasurer Handbook
June 2015
Chapter 9: Carr�p�ic�r� mean physically opening an account. It is
����� merely naming the financial institution
where the campaign funds will be deposited.
This is because most banks require an initial
deposit to open a campaign account and a
Prirr�ary Campaign Depository contribution cannot be accepted priorto the
candidate filing a complete = :_�� ��-��_ _.
A candidate and each individual seeking �
election to a political party executive All funds received by the campaign treasurer
committee must designate a primary shall, prior to the end of the fifth business
campaign depository with a bank, savings dayfollowing the receipt thereof, Saturdays,
and loan association, or credit union Sundays, and legal holidays excluded, be
authorized to do business in the State of deposited in a campaign depository
Florida. The campaign depository is designated pursuant to Section _�_=�w,
designated at the same time as a treasurer is F.S., in an account that contains the name of
appointed on =� �� l _�_: (Appointment the candidate.
of Campaign Treasurer and D�esignation of
Campaign Depository for C�andidates). A IMPiOF�fANT: All deposits must be
candidate who seeks to qualify by the accompanied by a bank deposit slip
petition process shall designate a campaign containing the name of each contributor and
depository prior to obtaining signatures on the amount contributed by each.
petitions. (�ctions , _ �-�. � ��_ � and � � �. �L, F.S, and
Divisionof BectionsOpinion :�=��)
IMPiOf�TANT: All contributions must be '
deposited into such account and all
expenditures must be drawn by a check on c���a�ry �t;r��ai��'' �e;�O�:C�v
such account, except when paid with petty �'
cash. (See ______, - __:_�: ). A candidate may designate one secondary
depository in each county where an election
A candidate and each individual seeking is held in which the candidate participates
election to a political party executive for the sole purpose of depositing
committee must file the name and address contributions for transfer into the primary
of the primary campaign depository with the depository.
same officer with whom the c�andidate files
the name of his or her campa�ign treasurer A candidate must file the name and address
on =_� � �-- _= of each secondary campaign depository with
the same officer with whom the candidate
The campaign account must be separate files the name of his or her campaign
from any personal or other account and used treasurer on = �-- � �-_; __.
only for depositing campaign contributions ---"- �--
and making expenditures. If a contribution is deposited in a secondary
depository, the depository shall forward the
Designating a campaign depository does not full amount of the deposit, along with a copy
19
Candidate & Campaign Treasurer Handbook
June 2015
of the deposit slip, to the primary depository the completeness and accuracy of the
prior to the end of the first business day information on such check and for insuring
following the deposit. that such expenditure is an authorized
(Sections ". :�.�2' - and ". ��.v:�, F.S) expenditure.
Campaign checks must contain the following
Separate Interest-Bearing Accounts information:
and �ertificates of Deposit
' • The name of the campaign account of
In the event funds are available in the the candidate
primary campaign depository that are not
currently needed for the disbursement of ' Account number and name of bank,
expenditures, the campaign treasurer or
deputy campaign treasurer may deposit ' The exact amount of the expenditure,
such funds into a separate interest-bearing
account designated as "(Name of • The signature of the campaign treasurer
Candidate) Separate Inter�est- Bearing or deputy treasurer,
Campaign Account" or may purchase a
certificate of deposit with the available • The exact purpose of the expenditure,
funds. and
Any bank, savings and loan association, or • The name of the payee.
credit union authorized to transact business
in Florida may be used for this purpose. • This information may be typed or hand-
The separate interest-bearin� account or printed on starter checks provided bythe
certificate of deposit shall be separate from bank until printed checks arrive.
any personal or other separate interest- (Section ______ _____ F.S)
bearing account or certificate of deposit.
6cample of C�mpaign Chedc:
Any withdrawal from a separate interest-
bearing account or certificate of deposit of � —`������
-.— -�__._.--�,—.�-, W:::,
John Doe Campai�zn 9ccowt . 00001 �
State Senate Distriet 3 Date 711110
the principal or earned interest or any part P��-TO� !
ORDER OF XYZ Lumber Company S 200.00 '
thereof shall be made only for the purpose
Two Hundred and 001100 DOLL4RS
of transferring funds to the primary BANKOFFLORIDA
campaign BCCOUCIt. TALLAHASSEE,FL 32323
(a:Ll � On i �lb. �G I� - F S) '. FOR Sign mateuals Signature olCampaign Treasumr �.'
j 003iS'_iiS:0326 OO;i39: �
Cam pai gn C�? ecks
IMPiOFtTANT When issuing checks from the
campaign account, the campaign treasurer
or deputy treasurer shall be responsible for
20
Candidate & Campaign Treasurer Handbook
June 2015
Debit C�rds to use the card shall be filed with the
Division.
�� `_ - `-Xtie� _�.)
• Must expire no laterthan midnight ofthe
A candidate may use a debit card to make last day of the month of the general
campaign expenditures. election.
• Must be obtained from the same bank • Billing statements shall be paid upon
that has been designated as the primary receipt.
campaign depository.
• Campaign travel-related expenditures
• Must be issued in the name of the shall include transportation, lodging,
treasurer, deputy tr�asurer, or meals, and other expense incurred in
authorized user and state the name of connection with traveling for campaign
the campaign account of the candidate. purposes.
• No more than three debit cards shall be
issued.
(�ction _ ��. �� �� �%`�, F.S,
and Divison of BectionsOpinion :;:;-�:;)
Credit C�rds
(�e .��=pte; 1', F�cpenG�tures.)
Candidates for statewide office (Governor,
C�binet, and SLpreme Court Justioe) may
obtain and use credit cards for travel-related
campaign expenditures if the following
conditions are met:
• Must be obtained from the bank which
has been designated as the primary
campaign depository.
• Shall be in the name of the candidate and
reflect that the account is a campaign
account.
• Prior to use, a copy of the agreement or
contract between the candidate and the
bank, and a list of all persons authorized
21
Candidate & Campaign Treasurer Handbook
June 2015
���1�� ' �'�• ���t'i � i±=,��� IMPiORfANT: The law
b provides no
exceptions for reporting contribution
A contribution is: information, regardless of the size of the
contribution (e.g., the reporting
• A gift, subscription, conveyance, deposit, requirements would be the same for a 50
loan, payment or distribution of money cent contribution as for a $500
or anything of value made for the contribution).
purpose of influencing the results of an (�tion " ��� �- �_ F.S)
election or making an electioneering
communication. Thes� include
contributions in-kind, having an Unauthorized Co �t'`IbUtiOnS
attributable monetary value in any form;
Any contribution received by a candidate
• A transfer of funds betvveen political with opposition in an election or by the
committees, between electioneering campaign treasurer or deputy campaign
communications organizations, or treasurer on the day of that election or less
between any combination of these than five days prior to the day of the
groups; election must be returned to the contributor
and may not be used or expended by or on
• The payment, by any person other than behalf of the candidate.
a candidate, of compensation for the (S�ction ��.;;�i= , F.S)
personal services of another person V
which are rendered to a candidate
without charge to the candidate for such Ar'Or1V�'IOuS i.�;'.: ;'�ui �OrS
services; or J
When a candidate receives an anonymous
• The transfer of funds by a campaign contribution it must be reported on the
treasurer or deputy campaign treasurer candidate's campaign treasurer's report as
between a primary depo�sitory and a an anonymous contribution. A letter should
separate interest-bearing account or be submitted to the filing officer explaining
certificate of deposit. The term includes the circumstances surrounding the
any interest earned on such account or acceptance of the anonymous contribution.
certificate.
The candidate cannot spend the anonymous
The exceptions are: contribution, but at the end of the campaign
can donate the amount to an appropriate
• Services provided without compensation entity under Section __v �__- :_, F.S.
by individuals volunteering a portion or (Division of BectionsOpinion �-�%)
all of their time on behalf of a candidate
including, but not limited to, legal and
accounting services;
• Editorial endorsements.
22
Candidate & Campaign Treasurer Handbook
June 2015
In-�Gnd Contributions endorsers, includingthe date and amount of
each loan on the campaign treasurer's
In-kind contributions are anything of value report.
made for the purpose of irufluencing the
results of an election. Loans made by a candidate to his or her own
campaign are not subject to contribution
The exceptions are: limitations. A candidate who makes a loan to
his or her campaign and reports the loan as
• Money; required by Section _=_, F.S. may be
reimbursed for the loan at any time the
• Personal services provitled without campaign account has sufficient funds to
compensation by individual volunteers; repay the loan and satisfy its other
obligations.
• Independent expenditures, as defined in
Section ���.�__ �_ F.S.; or All personal loans exceeding $500 in value,
made to a candidate and used for campaign
• Endorsements of three or more Purposes and made in the twelve months
candidates by affiliated party preceding his or her election to office, must
committees or political parties. be reported on Forms :- :v� _�-'�. and �'�__,
(S;ction _��� , F.S; �Paign Loans F�port, and filed with the
and Division of BectionsOpinion 4=--� �) filing officer within ten days after being
elected to office.
Any person who makes an in-kind
contribution shall, at the time of making the Any person who makes a contribution to pay
contribution, place a fair market value on the all or part of a loan incurred in the twelve
contribution. In-kind contributions are months preceding the election, to be used
subject to contribution limitations. Travel for the campaign, may not contribute more
conveyed upon private aircraft shall be than the amount allowed in Section
valued at the actual cost of per person 106.08(1), F.S.
ions _�6. � � ; , ; ;�
commercial air travel for th�e same or a ����•��
substantially similar route. and � 05.075, F.S)
(9zction � �o.�ti; � , F.S,
and Divison of aectionsOpinion � = ____ )
� �ash Cont.ribut�ons
I�ans A candidate may not accept an aggregate
cash contribution or contribution by means
Loans are considered contributions and are of a cashier's check from the same
subject to contribution limitations. Loans to contributor in excess of $50 per election. A
or from each person or political committee money order or traveler's check is not
must be reported together with names, considered cash.
addresses, occupations, and principal places
of business, if any, of the lenders and IMPOF�fANT: Cash contributions must be
23
Candidate & Campaign Treasurer Handbook
J un e 201
reported on campaign treasurar's reports to These limits do not apply to contributions
include the full name and address of each made by a state or county executive
person who gave a cash contrubution during committee of a political party or affiliated
the reporting period, together with the party Committee regulated by ���.�.:, -;'
amount and date of such cash contribution. = or to amounts contributed by a
(9zctions � ��. �- -'_ and �: �J. ��, F.S, candidate to his own campaign. The
and Division of BectionsG�inion ��- ,�.) oontribution limits do not apply to
individuals seeking election to a political
party executive committee because they
Debit and Q'edit Card Coritributions arenot "candidates."
A candidate may accept contributions via a A candidate may not:
credit card or debit ��ard. These
contributions are categorized as a"check" • Accept contributions until =_ � ��-_ _=,
for reporting purposes. Appointment of Campaign Treasurer and
(Division of BeCtionSOpinions ---� = Designation of Campaign Depository for
and �=-= r) Candidates, is filed with the filing officer;
• Accept a contribution in excess of the
r r I f r above limits from any one person per
Cont.ibu.ion �mits.o: C.�ndi�ates
election, provided the candidate is an
IMPOR'fANT: Except for political parties or opposed candidate and the contribution
affiliated party committees, no person or is received within the timeframe
political committee may make contributions
applicable to each election;
in excess of: (1) $3,000 to a�andidate for
statewide office or for retention as a justice ' Accept contributions from family
of the Supreme Court. Candidates for the members in excess of the above limits
offices of Governor and Lieutenant Governor per election;
on the same ticket are considered a single
candidate for the purpose of ttvis section; (2) ' Accept contributions from a county
$1,000 to a candidate for retention as a
executive committee of a political party
judge of a district court of appeal; a Whose contributions in the aggregate
candidate for legislative office; a candidate exceed $50,000, or from the national or
for multicounty office; a candidate for state executive committees of a political
county-wide office or in any election party, including any subordinate
conducted on less than a countywide basis; committee of such political party or
or a candidate for county court judge or affiliated party committees, who
circuit judge. The primary and general contributions in the aggregate exceed
elections are separate elections. (See $50,000. Polling services, research
C ossary for the definition of "�er9on." ) services, cost for campaign staff,
(�C;tion ��, �:� ��_ F.S) professional consulting services, and
��-� telephone calls are not contributions to
be counted toward the contribution
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Candidate & Campaign Treasurer Handbook
June 2015
limits, but must still be reported by the limits prescribed by Section �� �_ � � F.S.;
candidate. All other contributions are
counted toward the contribution limits; • Fails to report any contribution required
to be reported by _ ________ ;
• A candidate for statewide (Governor,
Cabinet and Supreme Court Justice) • Falsely reports or deliberately fails to
office may not accept contributions from include any information required by
a national state or cou�ty executive ,,� +a� '- =_:• or
1 1 .'�.. J:.._. __�J
committee of a political party, including
any subordinate committee of a • Makes or authorizes any expenditure in
national, state, or county a�mmittee of a violation of Section __" _� F.S., or
political party, or aff�liated party any other expenditure� prohibited by
committee, which contributions in the _--.:'__�__ _^ is guilty of a
aggregate exceed $250,000; or misdemeanor of the first degree,
punishable as provided in Section
• Accept contributions after the date he or __ __ �_ or Section __ = F.S.
she withdraws his or her candidacy, is (S2ction �-. _�, F.S)
defeated, becomes unopposed or is
elected.
(�ctions_�:.�=; and i�6.�. �,, F.S) 2016 Deadlinesfor Aocepting
Contributions
Foreign Contributions Any contribution received by a candidate
with opposition in an election, or the
Federal law prohibits contributions from campaign treasurer or deputy campaign
foreign nationals to any federal, state, or treasurer, on the day of that election or less
local candidate, unless the foreign national than five days prior to the day of that
possesses a green card. Furth�r information election must be returned to the
can be accessed by contactin;g the Federal contributor. It may not be used or expended
Election Commission at 1-800�-424-9530 or by or on behalf of the candidate.
on their website at - ��: = - -
(�2 � n 1 ;v' J��%�u�i;i"i�S�
�✓I OI a� I O Cl S
Any candidate, campaign manager,
campaign treasurer, or deputv treasurer of
any candidate, agent or person acting on
behalf of any candidate, or other person who
knowingly and willfully:
• Accepts a contribution in excess of the
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Candidate & Campaign Treasurer Handbook
June 2015
Chapte� 11: Expenditur2s person acting on behalf of the foregoing,
shall authorize any expenses, unless there
are sufficient funds on deposit in the primary
depository account of the candidate to pay
'�@�i��.`.;0"�:
the full amount of the authorized expense,
to honor all other checks draw on such
An expenditure is a purchase, payment, account, which checks are outstanding, and
distribution, loan, advance, transfer of funds to meet all expenses previously authorized
by a campaign treasurer or deputy campaign but not yet paid.
treasurer between a primary c9epository and
a separate interest-bearing account or Sufficient funds means that the funds at
certificate of deposit, or gift of money or issue have been delivered for deposit to the
anything of value made for the purpose of financial institution at which such account is
influencing the results of ain election or maintained and not that such funds are
making an electioneering comimunication. available for withdrawal in accordance with
the deposit rules or the funds availability
policies of such financial institution.
Genera! Requirements
A candidate shall: CheCkS
• Pay all campaign expenditures by a check IMP�OF�fANT Only a campaign treasurer or
drawn on the campaign account (except deputy campaign treasurer is allowed to sign
petty cash); checks drawn on the campaign account. The
campaign treasurer or deputy campaign
• Pay the qualifying fee by � check drawn treasurer who signs a check shall be
on the campaign account; responsible for the completeness and
accuracy of the information on the check
• Pay for all expenses authorized or and for ensuring it is an authorized
incurred for the purchas� of goods or expenditure. C�ndidates are prohibited
services upon final delivery and from signing campaign checks unless they
acceptance of the goods or services; and have appointed themselves campaign
treasurer or deputy treasurer.
• Pay for public utilities such as telephone,
electric, gas, water and like services A candidate or other individual may be
when the bill is received. Utility reimbursed for expenses incurred in
companies providing services to connection with the campaign by a check
candidates must charge a deposit drawn on the campaign account and
sufficient to meet all antici�ated charges reported pursuant to Section __ �:_. "" - F.S.
during a billing period. The full name and address of each person to
whom the candidate or other individual
IMP�TANT: No candidate, campaign made payment for which reimbursement
manager, treasurer, deputy treasurer, or any was made by check drawn upon the
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Candidate & Campaign Treasurer Handbook
June 2015
campaign account shall be reported • Not use petty cash for the purchase of
pursuant to Section _� �.:;� � F.S., together time, space, or services from any
with the purpose of such payment. communications media.
uving Expenses ��i�son Petty Cash Fur,d Amou�ts
A candidate or the spouse of a candidate From the day a candidate appoints his or her
may not use campaign funds to defray campaign treasurer until the last day a
normal living expenses for the candidate or candidate can qualify for office, the
the candidate's immediate family other than campaign treasurer may withdraw from the
expenses actually incurred during the campaign account for the purpose of
campaign for transportation, meals and providing a petty cash fund for the
lodging. candidate:
(�IOC1S___ _. - �� v:
��
_ '- and 106.140;;, F.S) •$500 per calendar quarter.
After qualifying is over and until the election
Petty Cash Funds in which the candidate is eliminated or
elected to office or the time in which the
A campaign treasurer may provide a petty candidate becomes unopposed, the
cash fund for the candidate. To establish a treasurer may withdraw:
petty cash fund, the campaign treasurer
must write a check drawn on the primary •$500 per week for all statewide
campaign account. Petty cash may only be (Governor, Cabinet, and Supreme
used for office supplies, transportation Court Justice) candidates.
expenses, and other necessities.
•$100 per week for all other candidates.
A candidate must: (�ctions ��= and __: ��_-, F.S,
and Division of eectionsOpinion �_:- __)
• Spend petty cash in amounts of less than
$100;
!r�dependent Expenditures
• Report the total amount withdrawn and
the total amount spent for petty cash in An independent expenditure means an
each reporting period; expenditure made by a person for the
purpose of expressly advocating the
• Keep complete records of petty cash election or defeat of a candidate, which
although each expenditure does not expenditure is not controlled by,
have to be reported individually; coordinated with, or made upon
consultation with, any candidate or agent of
• Not mix cash contributions with petty such candidate. An expenditure for such
cash; and purpose by a person having a contract with
27
Candidate & Campaign Treasurer Handbook
June 2015
the candidate or agent of such candidate in preparation of, use of, or payment for,
a given election period is not an independent the specific expenditure or advertising
expenditure. campaign at issue; or
6cpressly advOCates means any 2. Makes a payment in cooperation,
communication which uses phrases consultation, or concert with, at the
including, but not limited to: "vote for", request or suggestion of, or pursuant to
"elect," "support," "cast your ballot for," any general or particular understanding
"Smith for Congress," "vote against," with the candidate, the candidate's
"defeat," "oppose," and "rejec:t." campaign, a political committee
supporting the candidate, or an agent of
If the independent expenditure is, in the the candidate relating to the specific
aggregate, in the amount of $5000 or more, expenditure or advertising campaign at
the person must file reports with the issue; or
candidate's filing officer in the same manner
and time as a political committee. 3. Makes a payment for the dissemination,
distribution, or republication, in whole or
Political advertisements paid for by an in part, of a broadcast or a written,
independent expenditure must contain the graphic, or other form of campaign
following statement: "Paid political material prepared by the candidate, the
advertisement paid for by (name and candidate's campaign, or an agent of the
address of person paying for the candidate, including a pollster, media
advertisement) independently of any consultant, advertising agency, vendor,
(Candidate or committee)." advisor, or staff member; or
However, an expenditure for tlhe purpose of 4. Makes a payment based on information
expressly advocating the election or defeat about the candidate's plans, projects, or
of a candidate which is made bythe national, needs communicated to a member of
state, or county executive committee of a the committee or person by the
political party, induding any subordinate candidate or any agent of the candidate,
committee of a national state or county provided the committee or person uses
committee of a politiCal party, an affiliated the information in any way, in whole or
party committee, or by �3ny political in part, either directly or indirectly, to
COmmittee, or any Other person, is not design, prepare, or pay for the specific
considered an independent expenditure if expenditure or advertising campaign at
the committee or person: issue;
1. Communicates with the candidate, the 5. After the last day of the qualifying period
candidate's campaign, or an agent of the prescribed for the candidate, there is a
candidate acting on behalf of the consultation about the candidate's
candidate, including a pc�llster, media plans, projects, or needs in connection
consultant, advertising agency, vendor, with the candidate's pursuit of election
advisor, or staff member concerning the to office and the information is used in
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Candidate & Campaign Treasurer Handbook
June 2015
any way to plan, create, design, or campaign expenditures to include
prepare an independent expenditure or transportation, lodging, meals, and other
advertising campaign with: travel expenses incurred.
o An officer, director, employee or • It must be obtained from the same bank
agent of a national, state or county designated as the primary campaign
executive committee of a political depository.
party or an affiliated party
committee that has made or intends • It must be in the name of the candidate
to make expenditures in connection and reflect that it is a campaign account.
with or contributions to the
candidate; or • A copy of the agreement or contract
between the candidate and bank, along
o A person whose professional services with a list of all persons authorized to use
have been retained by a national, the card, must be filed with the Division
state or county executive committee of Elections rior to being used.
of a political party thai: has made or
intends to make expenditures in • The credit card must expire no laterthan
connection with or contributions to midnight of the last day of the month of
the candidate; the general election.
6. After the last day of the qualifying period • Each statement received from the issuer
prescribed for the candidate, retains the of the credit card must be paid upon
professional services of any person also receipt.
providing those services to the candidate (9zction _�•� ��_, F.S)
in connection with the candidate's
pursuit of election to office; or
7. Arranges, coordinates, or directs the
Debit Cards
expenditure, in any way, with the
candidate or an agent of the candidate. Debit cards may be used in lieu of campaign
checks and are considered bank checks if:
(�ctions __ =--_-�---= �
and_.== _�-_�_, F.S)
—�— • Obtained from the same bank as the
primary campaign depository.
����' `� • Issued in the name of the treasurer,
deputy treasurer, or authorized user.
Candidates for statewide office (C�vernor,
C�binet and �preme C:ourt Justice) may . Contains the name of the campaign
obtain a credit card under the following account of the candidate.
conditions:
• No more than three are issued.
• For use in making �travel-related
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Candi�date & Campaign Treasurer Handbook �
June 2015
• The person using the card does not candidate;
receive cash as part of, or� independent
of, any transaction for goo��s or services. • Is made within 30 days before a primary
or special primary election or 60 days
All debit card receipts must contain: before any other election for the office
sought by the candidate; and
• Last four digits of the debit card number.
• Is targeted to the relevant electorate in
• Exact amount of expenditure. the geographical area the candidate
would represent if elected.
• Name of payee.
The exceptions are:
• Signature of campaign trea�surer, deputy
treasurer, or authorized user. 1. A communication disseminated through
a means of communication other than a
• Exact purpose of expenditure. television station, radio station, cable
television system, satellite system,
Any of the above listed information, if not newspaper, magazine, direct mail,
included on the receipt, may be handwritten telephone, or statement or depiction by
on, or attached to, the receipt by the an organization, in existence before the
authorized user before submitting to the time during which a candidate named or
campaign treasurer. The debit card user shall depicted qualifies forthat election, made
be responsible for the completeness and in that organization's newsletter
accuracy of the information and for insuring distributed only to members of that
that such expenditure is authorized. organization;
(�ct i on ---- ---- F �
2. A communication in a news story,
commentary or editorial distributed
d��,�, ,�� ;��.,..,�� ��t.�,�� through the facilities of any radio station,
television station, cable television
Electioneering communication means a system, or satellite system unless the
communication publicly distributed by a facilities are owned or controlled by a
television station, radio station, cable political party, political committee, or
television system, satellite system, candidate. A news story distributed
newspaper, magazine, direct mail, or through the facilities owned or
telephone that: controlled by a political party, political
committee, or candidate may
• Refers to or depicts a clearly identified nevertheless be exempt if it represents a
candidate for office with��ut expressly bona fide news account communicated
advocating the election or defeat of a
through a licensed broadcasting facility
candidate but that is susceptible of no and the communication is part of a
reasonable interpretation other than an general pattern of campaign-related
appeal to vote for or against a specific news accounts that give reasonably
30
Candidate & Campaign Treasurer Handbook
June 2015
equal coverage to all opposing An expenditure for an electioneering
candidates in the area; communication is made when the earliest of
the following occurs:
3. A communication that constitutes a
public debate or forum that includes at • A person executes a contract for
least two opposing candidates for an applicable goods or services;
office or one advocate and one
opponent of an issue, or that solely • A person makes payment, in whole or in
promotes such a debate o� forum and is part, for the production or public
made by or on behalf of the person dissemination of applicable goods or
sponsoring the debate or forum, services; or
provided that the staging c�rganization:
• The electioneering communication is
o Is either a charitable organization publicly disseminated.
that does not make other (�tions _�=_____ __�__ ___ F.S)
electioneering communications and
does not otherwise support or
oppose any political candidate or
political party; or a newspaper, radio
station, television station, or other
recognized news medium; and
o Does not structure the debate to
promote or advance one candidate
or issue position over another.
Expendituresfior Hectioneering
Communicati�ons
An expenditure made for, or in furtherance
of, an electioneering communication shall
not be considered a contribution to or on
behalf of any candidate and shall not
constitute an independent expenditure, nor
be subject to the limitations applicable to
independent expenditures.
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Candidate & Campaign Treasurer Handbook
Jun 201
C�apt er 12: p�i it i�a1 ad �J2�"t � SI nC� Also, the disdaimer language alternatives
provided above must beverbatim asquoted
in s. _v_= _-�, F.S Variationsare prohibited
A political advertisement is a paid expression by law.
in a communications medium prescribed in
section � �__ - F.S., whether radio, Any political advertisement of a candidate
television, newspaper, magazine, periodical, running for partisan office shall express the
campaign literature, direct maul, or display or name of the political party of which the
by means other than the spoken word in candidate is seeking nomination or is the
direct conversation, which expressly nominee.
advocates the election or defeat of a
candidate or the approval or rejection of an �f the candidate for partisan office is
issue. running as a candidate with no party
(�ction ����.:; � �; ;,� F.S) affiliation, any advertisement of the
� candidate must state that the candidate has
no party affiliation. A candidate who is
registered in a political party may run as a
C�ndidate Disdaimers candidate with "no party affiliation" without
changing his or her registration.
6ccept as noted below, any political
advertisement that is paid for by a The candidate shall provide a written
candidate (except a write-in candidate) and �atement of authorization to the
that is published, displayed, or circulated newspaper, radio station, television station,
before, or on the day of, any election must or other medium for each advertisement
prominently state: submitted for publication, display,
„ broadcast, or other distribution.
Pblitical advertisement paid for and
approved by (name of candidate), (party Candidates running for non-partisan office
affiliation) for (office sought)" or "Paid by may not state the candidate's political party
(name of candi�date), (party affiliation), for affiliation in the disclaimer, or in the body of
(office sought). the advertisement. Exception: The candidate
is not prohibited from stating the
Any political advertisement that is paid for candidate's partisan related experience.
by a write-in candidate and that is (�ions _�_______ _�_ �__:-_ _ F.S)
published, displayed, or circulated before, or
on the day of, any election must prominently Note: A candidate running for an office that
state: has a district, group, or seat number does
„ not have to indicate the district, group, or
Pblitical advertisement paid for and seat number in the political advertisement
approved by (name of candidlate), write-in or disclaimer.
candidate, for (office sought)" or "Paid by
(name of candidate), write-in candidate, for
(office sought)."
(�ction _.�_=::_:_-_____� F.S)
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Candidate & Campaign Treasurer Handbook
June 2015
Exceptionsto Disclaimer account is an official website or account
I�q�irament� of the candidate or political committee
and is approved by the candidate or
The disclaimer requirement in section political committee. A website or
_�==`= � Florida Statutes, does not apply account may not be marked as official
to any campaign message or political without prior approval by the candidate
advertisement used by a canclidate and the or political committee.
candidate's supporters or by a political
committee if the message or advertisement is: (f) Distributed as a text message or other
message via Short Message Service,
(a) Designed to be worn by a person. provided the message is no more than
200 characters in length or requires the
(b) Placed as a paid link on an Internet recipient to sign up or opt in to receive it.
website provided the message or
advertisement is no more than 200 �g) Connected with or included in any
characters in length and the link directs software application or accompanying
the user to another Internet website that function, provided that the user signs up,
complies with the disclaimer opts in, downloads, or otherwise
requirements in section -- --:;, _ accesses the application from or through
Florida Statutes. a website that complies with section
= - - Florida Statutes.
(c) Placed as a graphic or picture link where
compliance with the requirements of �h) Sent by a third-party user from or
this section is not reasonably practical through a campaign or committee's
due to the size of the graphic or picture website, provided the website complies
link and the link directs the user to with section _ � �:_- r: __ Florida Statutes.
another Internet website 1that complies
with section =. _:_- ___ Florida Statutes. �i) Contained in or distributed through any
! other technology-related item, service,
(d) Placed at no cost on an Internet website or device for which compliance with
for which there is no cost tc► post content section = u'-� =___ Florida Statutes, is
for public users. not reasonably practical due to the size
or nature of such item, service, or device
(ej Placed or distributed on an unpaid
as available, or the means of displaying
profile or account which i� available to the message or advertisement makes
the public without charge or on a social compliance with section =-:_- _
networking Internet website, as long as Florida Statutes, impracticable.
the source of the imessage or (�ction =__.-= �_ F.S)
advertisement is patently clear from the
content or format of the message or Disdaimer requirements do not apply to
advertisement. A candidate or political �ndividuals seeking a publidy elected
committee may prominen�tly display a position on a political party executive
statement indicating that the website or �mmittee.
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Candi�date & Campaign Treasurer Handbook
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6camplesof advertisements�niith disdaimers:
Note: The word "elect" or "re-elect" is not required to be used in political advertisements.
However, the word " re-elect " may not be used ifthe candidate is notthe incumbentforthe office
sought.
1. Non-incumbent, partisan candidate running for partisan office:
ELECT �R ELE�T
JANE DQE JANE DOE
For State Representative For state Representative
District 9 District 9
Political advertisement paid for and approved
Paid by Jane Doe, Rep., for State by Jane Doe, Republican, for State
Representative Representative
2. Incumbent, partisan candidate running for partisan office:
RE-ELECT RE-ELECT
JOHN DOE John Doe
Sheriff
Sheriff
Political advertisement paid for
and approved byJohn Doe Paid by John Doe, Democrat,
Demacrat, for Sheriff far Sheriff
OR
3. Non-incumbent, no party affiliation candidate running for partisan office:
ELECT ELECT
John Doe Joe Doe
For State Senate For State Senate
Political advertisement paid for and Paid by John Doe, No Party Affiliation,
approved by John Doe, NPA, for Sta�te Senate for State Senate
OR
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Candidate & Campaign Treasurer Handbook
June 2015
4. Non-incumbent candidate running for nonpartisan office:
ELE�T ELECT
`,,� Jahn Doe �john Doe
For School Board For School Board
P�litical advertisement paid for and Paid by Jahn Dae for Schoal Board
appraved by John Doe for School Board
OR
5. Incumbent candidate running for nonpartisan office:
RE-ELE�T RE-ELECT
`/�' Jane Doe ` f �ane Doe
School Board School Board
Palitical advertisement paid f�r and Paid by Jane Dae for Scho�l Baard
appr�ved by Jane Doe for Schaol Baard
OR
�! 5�.+ ~ . . . -. a � � . ,.,,,,� .� �
,.; : -,., : :.' v "� r v-` "� ..a.: . .u�:2S
Any political advertisement that is paid for by a write-in candidate and that is published, or
circulated before, or on the day of, any election must prominently state: "political advertisement
paid for and approved by..(name of candidate).., write-in candidate, for...(office s�ught)..:' OR
"Paid by...(name of candidate).., write-in candidate, for...(office sought).."
6campl e:
��, ,�,
� J` Elect John Doe -J Elect John Doe
�--� �ounty Commission `��
District 5 County Commission
District �
Political advertisement paid for
and approved byJohn Doe, Paid by John Qoe,
�nrrite-in candidate, write-in candidate,
for County Commission for County Commission
OR
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Candidate & Campaign Treasurer Handbook
June 2015
Non-incumbent Advertisements
F�qui red:
The word "for" must be used in the body of such advertisement between the name of the
candidate and the office sought. This does not apply to bumper stickers, or if the advertisement
satisfies one of the exceptions in section -= �_-.� _= Florida Statutes.
6campl e:
Elect John Doe
for County Commission Elect John Doe
District 5 for County �ommission
District 5
Political advertisement paid far and
approved by John Doe, Green I'arty of Paid by John Dae, Green Party af
Flarida, f4r County Cammission Florida, for County Commission
OR
Advertisement Provided In-kind
F�qui red:
Political advertisements made as in contributions from a political party must prominently
state: "Paid political advertisement paid for by in-kind by (name of political party) Approved by
(name of person, party affiliation, and office sought in the political advertisement.)"
6cample:
Elect Jane Dae
, ."-, for State Senate, ,�;
Di stri ct 5
Paid palitical advertisement
paid far by in-kind by
Libertarian Party of Florida
Appraved by �ane Doe,
Libertarian Party af Flarida,
State Senate
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Candidate & Campaign Treasurer Handbook
June 2015
C�apt er 13: Ot her a� scl ai mer�s
Any political advertisement not paid for by a candidate that is published, displayed, or circulated
prior to, or on the day of, any election must prominently be marked "paid political
advertisement or "pd. pol. ad�✓." and must state the name and address of the persons paying for
the advertisement.
The political advertisement must also state whether the advertisement and cost of production is
paid for or provided in-kind by or at the expense of the entity publishing, displaying, broadcasting,
or circulating the political advertisement.
(3�ction ' "'� � � , F.S)
�-_ —�
Endorsements in Political Advertisements
It is unlawful for any candidate or person on behalf of a candidate to represent that any person
or organization supports such candidate, unless the person or organization so represented has
given specific approval in writing to the candidate to make such representation. However, this
paragraph does not applyto editorial endorsement by any newspaper, radio ortelevision station,
or other recognized news medium; and publication by a party committee advocating the
candidacy of its nominees.
(�ction v � _._:.,_, F.S)
Example:
Political advertisement for a candidate representing that an organization supports him, paid for
in-kind by the organization, with specific approval from the organization in writing:
_�
ELECT ABC Foundation
John Doe
luly I5. 2006
For Counry Commissior�, Disirict 1
Democrat Dear Sir or Madam:
S���rtEd h}_AE3C Founda io
Please let this letter serve as our
Pd. Pol. Adv. Sponsored and pald for in-klnd by ABC �Pproval of tl7e polincal
Foimdation, Zero Street, Jupiter, FL 32323 Approved �dvertisementsupportingJohn
by.lohn Doe, Democrat, For County CommissYon Doe (or County Commission,
Dlstnct l.
The con[ent of this advertYsement
was reviewed and approved in
adva�xe.
Sincerely,
��Ar.Smrth
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Candidate & Campaign Treasurer Handbook
Ju 20
Independent Expenditure Disclaimers
Any person who makes an ind�ependent expenditure for a political advertisement shall provide a
written statement that no carididate has approved the advertisement to the newspaper, radio
station, television station, or other medium for each such advertisement submitted for
publication, display, broadcast, or other distribution. The advertisement must also contain a
statement that no candidate has approved the advertisement. This paragraph does not apply to
campaign messages used by a candidate and his or her supporters if those messages are designed
to be worn by a person.
(�ctions :___...__�_...___...._.�.___�---�___ FS)
Example:
Independent expenditure poli�ical advertisement supporting a partisan candidate running for a
partisan office:
ABC Foundation Supports ABC Foundation
Jane Doe July 1 S, z�06
For Public Defender, Fourth tircuit Democrat Dear Sir or Madam:
The enclosed advertisernent is an
Paid Political Advertisement paid for by the ABC independent expendlture by the
Foundation 444 Robin Lane, Jacksonville, FL 33433 ABC Foundation in support of lane
independently of any candidate. �oe for Pubhc pefende�, Fourth
ThiS a�iv�rti5ement tivas not approved by any Circuit.
: andidate,
This advertisementwas not
�+pproved by any candidate.
S�s�cerely,
1Ar. Snutli
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Candidate & Campaign Treasurer Handbook
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Disdaimersfor Other thau� Independent Expenditures
Any political advertisement, not paid for by a candidate, including those paid for by a political
party or affiliated party committee, other than an independent expenditure, offered on behalf of
a candidate must be approved in advance by the candidate. Such political advertisement must
expressly state that the content of the advertisement was approved by the candidate and must
state who paid for the advertisement. The candidate shall provide a written statement of
authorization to the newspaper, radio station, television station, or other medium for each such
advertisement submitted foir publication, display, broadcast, or other distribution. This
paragraph does not apply to messages used by a candidate and his or her supporters if those
messages are designed to be vworn by a person.
(�ct i on -_== =-_ _�=_--=--= F S )
6cample:
Political advertisement, not an independent expenditure, offered on behalf of a nonpartisan
candidate:
July 1 S, 2006
ABC Foundation Supports the Re-Election of Jane
Doe Nassau �ounty Judge
Dear Sir or Madam:
Pd. Pol. Adv. By ABC Foundation
111 Jewel Street, Tallahassee, FL 32333
Content approved in advance by Jane Ooe Please let this letter serve as my
For Nassau Co�mty Judge approval of the political
advertisement by the ABC
Foundation supporting my
candidacyfor Nassau County
Judge.
Sincerely,
lane Doe
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Candidate & Campaign Treasurer Handbook
June 2015
Disclaimerson Novelty Items
None of the requirements of 5ection 106.143, Florida Statutes, apply to novelty items having a
retail value of $10 or less which support, but do not oppose, a candidate or issue.
(�ction --- _ F.S)
6camples:
� r s � � .
f;�' . �
✓ .
�_
Pens/Pencils Golf Balls Balloons
Language Other Than English
Any political advertisement which is published, displayed, or produced in a language other than
English may provide the information required by Section 106.143, Florida Statutes, in the
language used in the advertisement.
(�ction � :. � - = ��� F.S)
�ectioneering Communicat�ons Disclaimers
Any electioneering communication, other than a telephone call, shall prominently state "Paid
electioneering communication paid for by... (Name and address of person paying for the
communication)..." For disclai�ners on telephone calls, see Chapter 16, Solicitation. Any person
who fails to include the disclaimer in any electioneering communication that is required to
contain such disclaimer commits a misdemeanor of the first degree, punishable as provided in
Section 775.082 or 775.083, F.S.
(3�ction � —��, F.S)
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Candidate & Campaign Treasurer Handbook
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Other Political Disdaimer Examples
Billboards:
ELECT
John Doe
for Sheriff
Politicai advertisement paid for
and approved by
John Doe, Republican,
for Sheriff
Clothing:
None of the requirements of Section 106.143, Florida Statutes, to include political disclaimers,
apply to campaign messages or political advertisements used by a candidate and the candidate's
supporters or by a political committee if the message advertised is designed to be worn by a
person.
(S�ction . t�� FS)
� ��
.
;�
Vote VOte - Re-Elect
For �. DOe John Doe,
Doe ` ,r Sheriff
•,`�
�;./
Bumper stickers:
Jane Doe
State Senate, District 17
Paid by Jane Doe, Rep., for State Senate
NOT� On bumper stickers, there is no requirement to use the word "for" between the
candidate's name and the office being sought in the body of the bumper sticker.
(9�ction ^__ _____ F.S)
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Candidate & Campaign Treasurer Handbook
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M iscel laneous Advert isernents
Any advertisement, other than a political advertisement, independent expenditure, or
electioneering communication, on billboards, bumper stickers, radio, or television, or in a
newspaper, a magazine, or a p�eriodical, intended to influence public policy or the vote of a public
official, shall clearly designate the sponsor of such advertisement by including a clearly readable
statement of sponsorship. If i:he advertisement is broadcast on television, the advertisement
shall also contain a verbal stat:ement of sponsorship. This section shall not apply to an editoriai
endorsement.
(�ction �' � ��`_: � ., FS)
6cample of an advertisement to influence the vote of a public offiaal:
To River Heights County �ommissioners
vote AGAI NST increasing our property tax rate.
Sponsored by ABC Homeov�rner Association
An expenditure made for, or in furtherance of, a miscellaneous advertisement is not considered
to be a contribution to or on behalf of a candidate, and does not constitute an independent
expenditure. Such expenditur�s are not subject to the limitations applicable to independent
expenditures.
_ �..-,� �.
YJ� "ae 1A �J� �../ i.J ^-. ~ � �.s Y v ! r � �' �.
°' �'� �;:,. �'y ;.�., . �.,�,� ;�J::v� �icir, c:."�✓ �:J�:�r ��`:�oc����S
Each candidate, political party, and political committee must use closed captioning and
descriptive narrative in all t�levision broadcasts regulated by the Federal Communications
Commission that are on behalf of, or sponsored by, a candidate, political party, affiliated party
committee, or political committee or must file a written statement with the qualifying officer
setting forth the reasons for nc�t doing so. Failure to file this statement with the qualifying officer
constitutes a violation of the 1=lorida Election Code and is under the jurisdiction of the Florida
Elections Commission.
(Section �_-�:__;��, F.S)
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Candidate & Campaign Treasurer Handbook
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Chapter 14: Fund Raisers
A campaign fund raiser is any affair held to
raise funds to be used in a �campaign for
public office. Campaign fund raisers may not
be held until the person becomes a
candidate.
(�ctions � and __� .,`=, F.S)
Co�tribution��r�m Fi.�n� I�aisers
All monies and contributions received with
respect to a campaign fund raiser are
campaign contributions. All contributions
are subject to the contribution limits
contained in Section 106.08, F.S., and are to
be accounted for and reported as any other
contribution.
(9zction - - �%�, F.S)
Exper,dirturesfor F�.ard Raisers
All expenditures with respect to a campaign
fund raiser which are made or reimbursed by
a check drawn on the campaign account of
the candidate are campaign expenditures.
All expenditures must be accounted for and
are subject to the same restrictions as other
campaign expenditures.
(�ction__:��=_-, F.S)
T t;�e� s
Any tickets or advertising foU a campaign
fund raiser must comply� with the
requirements of section 106.143, Florida
Statutes.
(�ction -------=, F.S)
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Candidate & Campaign Treasurer Handbook
J 2
Chapter 15: Telephon�
b. No telephone call shall state or imply
50IiCl�at10� that the caller represents a
nonexistent person or organization.
Telephone Soliatatior 4. Written Authorization F�quirements:
Any telephone call, not conducted by
Disclosure requirements: independent expenditure, which
expressly advocates for or against a
1. Any telephone call, induding an candidate, requires prior written
electioneering Communication authorization by the candidate. A copy of
telephone call, shall identify the persons such written authorization must be
or organizations sponsoring the call by placed on file with the qualifying officer
stating either: " Paid for by ...(name or by the candidate prior to the time the
persons or organizations sponsoring the calls commence.
call) ..:' or "Paid for on behalf of ...(name
of persons or organizations authoriang 5. P�nalties: Any person who willfully
call)..." This telephone disclaimer does violates any provision of this section
not apply to any telephone call in which commits a misdemeanor of the first
the individual makingthe call is not being degree, punishable as provided in
paid and the individuals participating in Section -i____ or Section _� ��, F.S.
the call know each other prior to the call.
(�ction 106. i 4:;;� - The term "person" includes any candidate;
and �'�__ 1�"__ �; F.S) any officer of any political committee,
affiliated party committee, or political party
2. Any telephone call conducted for the executive committee; any officer, partner,
purpose of polling respondents attorney, or other representative of a
concerning a candidate that is a part of a corporation, partnership, or other business
series of like telephone calls that consists entity; and any agent or other person acting
of fewer than 1,000 completed calls and on behalf of any candidate, political
averages more than two minutes in committee, affiliated party committee,
duration is presumed to be a political poll political party executive committee, or
and not subject to the provisions of the corporation, partnership, or other business
above paragraph. entity.
(Section __-_-, F.S)
3. Prohibitions
a. 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.
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Registered Ager:t Notice, shall be filed with the
Division of Elections and, at a
1. Di9dosure requirements: minimum, must elicit all of the
following information:
a. Any person or organization that
conducts any business in this i. The name, address, and
state which consists of making telephone number of the
paid telephone calls supporting registered agent.
or opposing any candidate or
elected public official must, prior ii. The name, address, and
to conducting such business, telephone number of the
have and continuously maintain, person or organization
for at least 180 days following the conducting business in
cessation of such business this state as specified.
activities in the state, a registered
agent for the puu of any iii. The Division of Elections
service of process, notice, or must be notified
demand required ��r authorized immediately of any
by law and must file with the changes in the
Division of Elections a notice of information required in a.
such registered agent. Such above.
registered agent must be an
individual who is a resident ofthis 2• Volations: Any person or organization
state, a domestic c��rporation, or that violates this section commits a
a foreign corporati�n authorized misdemeanor of the first degree,
to do business in this state. punishable as provided in Section
However, this section does not �= or Section -�� -�� F.S.
apply to any person or (9zction "�� ---�, F.S)
organization already lawfully
registered to conduict business in
this state.
b. Conducting business in this state
as specified in the preceding
paragraph includes both placing
telephone calls fronn a location in
this state and placing telephone
calls from a location outside this
state to individuals located in this
state.
c. ___._,_.� - _ _., Telephone
9�liatation, F�gis�ered Agent
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Candidate & Campaign Treasurer Handbook
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Chapter 16: Filing Campaign When to File
!���rts
Reports must be filed on the 10th day
following the end of each calendar month
Each campaign treasurer designated by a from the time the candidate registers,
candidate shall file regular reports of all except that if the 10th day occurs on a
contributions received and all expenditures Saturday, Sunday or legal holiday, the report
made by or on behalf of such candidate. shall be filed on the next business day that is
not a Saturday, Sunday or legal holiday.
The candidate and his or her campaign A statewide candidate must file reports:
treasurer shall certify as to the correctness
of each report. Each person so certifying
1. On the 60th day immediately preceding
shall bear the responsibility for the accuracy the primary election, and each week
and veracity of each report. Any campaign thereafter, with the last weekly report
treasurer or candidate who willfully certifies bein filed on the 4th da
the correctness of any report vvhile knowing g y immediately
that such report is incorrect, false or preceding the general election.
incomplete commits a misdemeanor of the 2. On the 10th day immediately preceding
first degree. the general election, and each day
(3�ction � � �-, F.S)
thereafter, with the last daily report
being filed the 5th day immediately
preceding the general election.
Whereto Fi�E
All other candidates must file reports on the
A campaign treasurer is rec�uired to file 60th day immediately preceding the primary
campaign treasurer's reports vu�ith the officer election and bi-weekly on each Friday
with whom the candidate registers. thereafterthrough and including the 4th day
immediately preceding the general election,
Candidates filing reports with the Division with additional reports due on the 25th and
are required to file by means of the 11th days before the primary election and
���-__._�._�.��________. If th�e candidate's thegeneralelection.
filing officer is other than the Division,
contact the appropriate filing officer to find For candidates that file with the Division, see
out the requirements. the "Reporting Dates Calendar" at:
The web address for filing online with the - --- -:-� ��-;�a.ccr� - -
--_, �_, _ ___ _ � _ _
Division is ° _ _ � � - � � - _ -= -
- — (3�ction _ '%� F.S) �
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Candidate & Campaign Treasurer Handbook
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An individual seeking a publicly elected greater, for the period covered by the late
position on a political party executive report. However, for the reports
committee who receives a contribution or immediately preceding the primary and
makes an expenditure must file a single general election, the fine shall be $500 per
report of all contributions and expenditures day for each late day, not to exceed 25
on the 4th day immediately �preceding the percent of the total receipts or expenditures,
primary election. (3�e �� �.:�t�� ��, i=�p�ri; �..� whichever is greater, for the period covered
�-� 3���u�v.���;� ���,::�; � PUbliclV Bectec� by the late report. For a candidate's
Pbsition on a PartV Executive Gommittee.) termination report, the fine shall be $50 per
day for each late day, not to exceed 25
Unless the electronic filing requirements of percent of the total receipts or expenditures,
Section ____��__, Florida Statutes, apply, whichever is greater for the period covered
reports shall be filed no later than 5 p.m. of by the late report. All fines must be paid
the day designated. A report postmarked by from the candidate's personal funds — not
the U.S. Postal Service no laterthan midnight campaign funds.
of the day designated is deemed timely filed. (9�ction _i ��. �,'2� ;��:����,. F.S)
A report received by the filing officer within
5 days after the designated due date that
was delivered by the U.S. Postal Service is ;�jp��r,� �* [�j0 ACti'�/'}y'
deemed timely filed unless it has a postmark
indicating the report was mailed after the In any reporting period during which a
designated due date. A certificate of mailing candidate has not received funds or made
obtained from and dated by the U.S. Postal any expenditures, the filing of the required
Service at the time of mailing or a receipt report for that period is waived. However,
from an established courier company, which the candidate must notify the filing officer
bears a date on or before the date on which �n writing on or before the presq'ibed
the report is due, is proof of mailing in a reporting date that no report is being filed
timely manner. Reports filed with the on that date. (A notice of no activity filed
Division through the _._ __ �_ '-=��_:_ With the Division must be filed electronically
_-� are due no laterthan midnight, Eastern using the =;__.) The next report filed must
Time, of the due date. specify that the report covers the entire
(Sections___ ..: �; ____ period between the last submitted report
and __;)6 F.S) and the report being filed.
(3�ction . .f�._-, F.S)
P2na±} �C�r � a�� �l�i��
Incomplet� Reports
Any candidate failing to file a report on the
designated due date shall be s�bject to a fine If a campaign treasurer files a report that is
of $50 per day for the first three days late deemed incomplete, it shall be accepted on
and, thereafter, $500 per day for each late a conditional basis. The campaign treasurer
day, not to exceed 25 percent of the total Will be notified by the filing officer as to why
receipts or expenditures, whichever is the report is incomplete. The campaign
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Candidate & Campaign Treasurer Handbook
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treasurer must file an addendum to the principal place of business of the lender
incomplete report within seven days of and endorser, date and amount of each
notification. The addendum must include all loan.
necessary information to complete the
report. • Statement of each contribution, rebate,
(�ction i G_o.G7�� %�i, FS) refund, or other receipts not listed in 1.
through 3. above.
(�ctions � � �-;=�� and
Rep�rtingTotal �ms � = ��� %�;z"� FS)
Each campaign treasurer's report required
by �-=:�_�- _______ _., shall contain the total �turningContributions
sums of all loans, in-kind contributions, and
other receipts by or for such candidate, and Contributions must be returned to the
total sums of all expenditures made by such contributor if:
candidate during the reporting period. The
reporting forms shall be designed to elicit . q candidate receives a contribution in
separate totals for in-kind contributions, excess ofthe limitations provided by law.
loans, and other receipts.
(�ction =. ��, F.S) . A candidate with opposition in an
election receives a contribution on the
day of that election or less than five days
Reporting Contributions priorto the date of that election.
Each report must contain: • A candidate receives a contribution once
he or she is elected, defeated, becomes
• Full name, address, specific occupation, unopposed, or withdraws his or her
amount, and date of each person making candidacy.
a contribution. Reports must provide as
clear a description as practicable of the If the contribution to be returned has not
principal type of business conducted for been deposited into the campaign account,
corporations contributing. The prinapal report the contribution as a contribution
type of business or the oocupations are returned using form ��-_._ __.
not required if the contribution is $100
or less, or from a relative provided the If the contribution has been deposited into
relationship is reported. the campaign account:
• Name, address, amount, and date of • Report the contribution; and
each political committee making any
transfer of funds. • Write a check from the campaign
account to the contributor for the
• Full name, address, specific occupation, amount of the contribution and report
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Candidate & Campaign Treasurer Handbook
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this on the itemized contribution report • Amount and nature of debts and
using the contribution ty�pe "Refund." obligations owed by or to the candidate,
This amount is reported as a negative. which relate to the conduct of any
The candidate may also wish to submit a political campaign.
written explanation to the filing officer.
(�ction ��.:c, F.S) • The amount and nature of any separate
interest-bearing accounts or certificates
of deposit. Identification of the financial
Repor�ing E>cpen�itures institution in which such accounts or
certificates of deposit are located must
Each report must contain: be identified.
• Full name and address of each person to • The primary purposes of an expenditure
whom expenditures have� been made made indirectly through a campaign
along with the amount, d�te, and clear treasurer for goods and services such as
purpose of the expenditure. Name, communications media placement or
address, and office sought by each procurement services, campaign signs,
candidate on whose behalf such insurance, and other expenditures that
expenditure was made. include multiple components as part of
the expenditure. The primary purpose of
• Full name and address of each person to an expenditure shall be that purpose,
whom an expenditure for personal including integral and directly related
services, salary or reimbursed authorized components, that comprises 80 percent
expenses was made along with the of such expenditure.
amount, date, and clear pa�rpose of the
expenditure. • Total sum of expenditures during the
reporting period.
• Total amount withdrawn ,and the total (�ction __Y_:_=, F.S)
amount spent from the pe�tty cash fund.
Each expenditure from th�e petty cash
fund need not be individ�ally reported �eaa1 Requirementsfor Judiaai
but complete records of petty cash (�tgntjp�� 'a�N��a�oc
expenditures must be kept. � v �
A candidate for retention as a Justice of the
• Transaction information for each credit Supreme Court or a Judge of a District Court
card purchase. Credit cards may be used of Appeal who has not received any
by statewide (Governor, Cabinet and contributions or made any expenditures,
Supreme Court Justice) candidates only. may file a sworn statement on =' �`^` �� �`
(5'ee Division of BectionsOpinion ;� ___LL Affidavit of Intention, at the time of
qualifying that he or she does not anticipate
receiving contributions or making
expenditures in connection with his or her
candidacy for retention to office.
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Candidate & Campaign Treasurer Handbook
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Such candidate must file a final report within
90 days following the general election for
which the candidate's name appeared on
the ballot for retention. The candidate may
use ._�° �� �'� �=�-, Affidavit of Gompliance,
for this purpose.
A candidate for retention to judicial office
who, after filing ______�___;__�=_� receives any
contributions or makes any expenditures in
connection with his or her �andidacy for
retention must immediately file a statement
to that effect with the qualifying officer and
must begin filing reports as an opposed
candidate pursuant to Section __�.;:�, F.S.
(9zctions -- � and ���, F.S)
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Candidate & Campaign Treasurer Handbook
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Chapt2t' 17; Te1'ITl{nc.�: :�; verification of petition signatures without
I�eports imposing an undue burden on his or her
personal resources or on resources
otherwise available to him or her, must
reimburse the state or local government
Once a candidate withdraws, becomes entity, whichever is applicable, for such
unopposed, is eliminated, or elected to Waived fee prior to disposing of any funds
office, he or she may only expend funds from under the surplus provisions contained in
the campaign account to: Section =� =_-- ____, F.S.
(�ction � :;_� � = - , F.S)
• Purchase "thank you" advertising for up
to 75 days after he or she withdraws,
becomes unopposed, is eliminated, or
elected to office. ���oSirg oT �rpl:.as Furds
• Pay for items which were obligated Once a candidate withdraws, becomes
before he or she withdrew, became unopposed, is eliminated, or elected to
unopposed, was eliminated, or elected office, the candidate must dispose of the
to office. funds on deposit in his or her campaign
account and file a campaign treasurer's
Pay for expenditures necessary to close report (termination report) reflecting the
� disposition of funds.
down the campaign office and to
prepare final campaign re�aorts. A candidate required to dispose of surplus
funds must, at the option of the candidate,
• Dispose of surplus funds �is provided in dispose of such funds within 90 days by any
Section _Ai F.S. of the following means, or a combination
(Section _ � � �; �' v F.S) thereof:
Because individuals who seek election to a 1. Return pro rata to each contributor the
political party executive committee are not funds that have not been spent or
"candidates," they do not file termination obligated.
reports.
2. Donate the funds that have not been
spent or obligated to a charitable
�'fl� `� ���'`°���'� �' �-i° t�' �^� ��^��j organization or organizations that meet
the qualifications of Section 501(c)(3) of
A candidate may be reimbursed by the the Internal Revenue Code.
campaign for any previously reported
contributions by the candi�ate to the 3. Give not more than $25,000 of the funds
campaign, in full or in part. that have not been spent or obligated to
the political party of which such
A candidate who filed an oath s;tating that he candidate is a member.
or she was unable to pay the fee for
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Candidate & Campaign Treasurer Handbook
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4. Give the funds that have r�ot been spent refund disposed of pursuant to Section
or obligated: ���,�`.�, F.S. An amended termination
report must be filed with the filing officer.
a. In the case of a candidate for
state office, to th�e state to be All reports must be signed by the candidate
deposited in the General and the campaign treasurer and certified as
Revenue Fund; or true and correct.
(S�ction _' � _, F.S)
b. In the case of a candidate for
office of a political subdivision, to
such political subdivision, to be Money from Separate Interest
deposited in the general fund
Bearing A000unt or Certificate of
thereof.
Deposit
5. Transfer funds to an offic� account (�e
- -- - A campaign treasurer of any candidate who
� � �� withdraws, becomes unopposed, or is
6. In the case of a candidate elected to eliminated, or elected to office, and who has
state office, retain up to $20,000 in the funds on deposit in any interest-bearing
campaign account for re-election to the account or certificate of deposit, must,
same office. (See ��� %� .' _ within seven days, transfer such funds and
� u ._-,��� � ---� accumulated interest earned thereon to the
primary campaign account for disposal.
The termination report must include: However, when funds are in an account in
which penalties will apply for withdrawal
1. The name and address of each person or within the seven day period, the campaign
unit of government to whom any of the treasurer must transfer such funds and
funds were distributed ancl the amounts accumulated interest earned thereon as
thereof; soon as the funds can be withdrawn without
penalty, or within 90 days after the
2. The name and address of each person to candidate becomes unopposed, withdraws
whom an expenditure was made his or her candidacy, or is elected, or
together with the amount and purpose; eliminated, whichever comes first.
and (S�ction �, ::���_ '� , F.S)
3. The amount of such funds �ransferred to
an office account together with the Campaign Loans Report
name and address of the bank in which
the office account is located. A person elected to office must report all
loans, exceeding $500 in value, made to him
If a refund check isreceived after all surplus or her and used for campaign purposes, and
fundshave been disposed of, the check may made in the twelve months preceding his or
be endorsed by the candidate and the her election to office, to the filing officer.
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Candidate & Campaign Treasurer Handbook
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The report must be made on Forms DS�DE73
and ='� _, C'ampaign L�an F�port within ten
days after being elected to office. Loan
reports filed with the Division must be filed
using the ��.
Any person who makes a cont:ribution to an
individual to pay all or part of ai loan incurred
in the twelve months preceding the election,
to be used for the individual's campaign,
may not contribute more than the amount
which is allowed in Section �:.: � �� F.S.
(�ction � �=, F.S)
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Candi�date & Campaign Treasurer Handbook
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Chapter 18: F�eporting for the report is due is proof of mailing in a
individuals Seeking a Pub�;�,���
timely manner.
Bected F'osition on a Part ';; The report filed must contain information of
�CE'ClltIV2 (ACTIIl'l1�t22 all contributions received and expenditures
made as of the day preceding the designated
due date. All such reports must be open to
An individual seeking a pu�licly elected public inspection.
position on a political party executive (�ion ���..;�`;;% ___ F.S)
committee who receives a contribution or
makes an expenditure shall file a report of all A reporting individual may submit the report
contributions received and all expenditures required under this section through an
made. electronic filing system, if used by the
(�Ction ��__-_�__ F.S) supervisor for other candidates, in order to
satisfy the filing requirement. Such reports
shall be completed and filed through the
electronic filin s stem not later than
VV}��'2 `O ,�-�.'.2 midnight on he y 4th day immediately
preceding the primary election.
The report shall be filed with the �:;�e-� sy� (�ions_ .;�.�� i- � F.S)
��=��c��;:; �s of the appropriate county.
When to File Termination ReportsNot Required
The report shall be filed on the 4th day Because individuals seeking a publicly
elected position on a political party
immediately preceding the primary election. executive committee are not "candidates,"
such individuals are not required to file
Reports shall be filed no later than 5 p.m. of termination reports.
the day designated; however, any report
postmarked by the United States Postal
Service by the day designated shall be
deemed to have been filed in a timely ���a'��!` S�r ��e Fif;�?C
manner. Any report received by the filing
officer within 5 days after the designated Any reporting individual who fails to file a
due date shall be deemed timely filed unless report on the designated due date shall be
it has a postmark that indicates that the subject to a fine of $50 per day for the first
report was mailed after the designated due three days late and, thereafter, $500 per day
date. A certificate of mailing o�btained from for each late day, not to exceed 25 percent
and dated by the United ;�tates Postal of the total receipts or expenditures,
Service at the time of mailing, or a receipt Whichever is greater.
from an established courier coi�npany, which (Section ;_ .:;�:;%�; F.S)
bears a date on or before the date on which
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Candi�ate & Campaign Treasurer Handbook
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Incomplete Report� • Full name and address of each person to
whom expenditures have been made
A report that is deemed to be incomplete by along with the amount, date, and clear
the supervisor shall be accepted on a purpose of the expenditure. Name,
conditional basis. The reporting individual address, and office sought by the
will be notified by the supervisor as to why reporting individual on whose behalf
the report is incomplete. The reporting such expenditure was made.
individual must file an addendum to the
incomplete report within seven days of • Transaction information for each credit
notification. The addendum must include all card purchase.
necessary information to complete the
report. • Amount and nature of debts and
(�ction �_� _`i_�_� F.S) obligations owed by or to the reporting
individual, which relate to the conduct of
any political campaign.
Reporting Requirements
• The amount and nature of any separate
Each report must contain: interest-bearing accounts or certificates
of deposit. Identification of the financial
• Full name, address, specific occupation, institution in which such accounts or
amount, and date of each person making certificates of deposit are located must
a contribution. Reports must provide as be identified.
clear a description as practicable of the (�ctions __-_ __: _____ and
principal type of business conducted for _-_ �---_,_. F.S)
corporations contributing. The prinapal
type of business or the oo�.�pations are
not required if the contrib�ution is $100
or less, or from a relative provided the
relationship is reported.
• Name, address, amount, and date of
each political committee making any
transfer of funds.
• Full name, address, specific occupation,
principal place of business of the lender
and endorser, date and amount of each
loan.
• Statement of each contribi.ation, rebate,
refund, or other receipts not listed in
above.
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Candidate & Campaign Treasurer Handbook
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Chapter 19: 8ectr�n�v �+��� ��f Acxessingthe �S
Campaign F�eportv
From Internet Explorer you can access the
EFS at - - _ - �.,,;-- - Each
candidate is provided an identification
The "=�_�- �_: _` ��.,s:=�- _=_ is an number and initial password to gain entry.
Internet system for recording and reporting Once ou lo
campaign finance activity. Each candidate y g�n using the initial password,
required to file reports with the Division You will be prompted to change it to a
under Section -=_=._, F.S., rmust file such
confidential one.
reports with the Division by means of the
� Q'�atin� Reports
Reports filed pursuant to this s�ection:
Campaign reports must be entered, saved,
• Shall be completed and filed through the reviewed, and filed via the !_; either by
� not later than 12:00 midnight, directly entering data into the web
Eastern Time, of the due date. Reports application or by uploading data using an
not filed by this time are late filed and approved vendor's software. The Division
are subject to the penalties under maintains a list of �;=_;,�: � �� whose
Sections ,__ � �"�' or ��E ___ �, F.S., as programs meet the file specifications for
applicable. ` filing campaign reports. Instructions for
uploading reports are provided in the =_�
• Are considered to be under oath by the -= - -
candidate and treasurer, and such
persons are subject to provisions of
Sections 106.04(4)(d), � " " "� �, or �1brTtittiClC� �pO�'iS
_�_:___._ F.S., as applicable. Persons
given a secure sign- on to the =_: are Reports will be held in pending status until
responsible for protecting such from the report is ready to be filed. Each person
disclosure and are responsible for all eligible to file a report will receive a PIN
filings using such credentials, unless they (personal identification number) that allows
have notified the Division that their the person to file reports via the .__. A
credentials have been compromised. person's PIN isconsidered the same asthat
(Sections � �-�.� person's signature on a filed report.
and __ _ � �, F.S)
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Candidate & Campaign Treasurer Handbook
Ju 20
Bectronic Receipts
The person filing a report on the =�= may
print an electronic receipt verifying the
report was filed with the Division. Each
report filed by means of the �=� is
considered to be under oath and such
persons filing the report are subject to the
provisions of � _ ��� - _
�5 HBP LJ NE
(850) 245-6280
�5 HHP GUI DE
CQ�. iy. ` " :`i`i c�la/D7�+iJ.`".�i/.:I
sde110a.pdf
NOT� For further information on the =;
see =��. " " � -. � l, Florida Administrative
Cbde, F�porting F�quirements for
�ampaign Treasurer's F�ports.
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Candidate & Campaign Treasurer Handbook
Ju ne 2
���t�� ��' �rf� ;� �,;� ��..;nts Usingthe Offi� AcGO�;�*.
The office account must be separate and
A candidate elected to office or a candidate apart from any other account, including any
who will be elected to office by virtue of his other type of "office account" such as a
or her being unopposed may, in addition to legislative account. Any funds so retained by
disposing of all the funds in �the campaign a candidate must be used only for legitimate
account in accordance vvith Section expenses in connection with the candidate's
- -_,=., F.S., transfer funds from the public office, which may include:
campaign account to an office account any
amount up to the limits listed I�elow: 1. Travel expenses incurred by the officer
or staff member;
• $50,000 for a candidate for statewide
office; 2. Personal taxes payable on office account
funds by the candidate or elected public
•$10,000 for a candidate for multicounty official;
office;
3. Professional services provided by a
•$10,000 multiplied by the number of certified public accountant or attorney
years in the term of office for which for preparation of the election public
elected for a candidate for legislative official's financial disclosure filing
office• pursuantto s _-= ___-�-: ors. _"="_ �� �-��.
, -- �
• $5,000 multiplied bythe numberofyears 4. Costs to prepare, print, produce, and
in office for which elected for a mail holiday cards or newsletters about
candidate for county office or for a the elected public official's public
candidate for any election on less than a business to constituents if such
countywide basis; correspondence does not constitute a
political advertisement, independent
•$6,000 for a candidate for iretention as a expenditure or electioneering
justice of the Supreme Court; communication as provided in s.
- —_;
•$3,000 for a candidate for iretention as a
judge of a district court of appeal; 5. Fees or dues to religious, civic, or
charitable organizations of which the
•$3,000 for a candidate for county court elected public official is a member;
judge or circuit judge. 6. Items of modest value such as flowers,
(S�ction __� � =_,�_ F.S)
— greeting cards, or personal notes given
as a substitute for, or in association with,
an elected public official's personal
attendance at a constituent's special
event of family occasion, such as the
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Candidate & Campaign Treasurer Handbook
June 2015
birth of a child, graduation, wedding, or electronic filing system at:
funeral;
_�:��s:: �'�����;�cure.aoss�ate.z�.�,s/vftfceHCc
7. Personal expenses incui�red by the ountsOn!ine!
elected public official in connection with
attending a constituent meeting or event Unless the county or city has a different
where public policy is discussed, if such process, those candidates required to file
meetings or events are limited to no with county or city filing officers file reports
more than once a week; or using the following forms:
8. Expenses incurred in the operation of the • -_ � __ _-�, pffice Account Report,
elected public official's office, including and
the employment of additional staff.
• - �� ��� �= � - Office Account
- ,
As the duties and responsibilities of each Disbursement or Deposit Information.
office are different, what are considered
"legitimate expenses in connection with the Upon leaving office, any person who has
candidate's public office" will vary. For funds in an office account shall give such
additional information, please contact the funds to:
legal or accounting department for your
office. • A charitable organization or
organizations that meet the
If a candidate is re-elected to office or requirements of Section 501(c)(3) of the
elected to another office and has funds Internal Revenue Code; or,
remaining in the office account, the
candidate may transfer surplus campaign • In the case of a state officer, to the state
funds to the office account. However, at no to be deposited in the General Revenue
time may the total funds in the office Fund• or
, ,
account exceed the limitation imposed by
Section - ��_--_ `___ F.S. • In the case of an officer of a political
(�ction ==_^___, F.S) subdivision, to the political subdivision to
be deposited in the general fund thereof.
Repor�inc Office Acxount F.�nd� Such reports shall be signed by the
candidate, certified as true and correct and
A candidate is required to file a report on the filed with the officer before whom campaign
10th day following the end of each calendar reports were filed.
quarter following the 90-day termination (�ion � ��__-_�___._�__ F.S,
report until the office account is closed. and Division of BectionsOpinion i___ )
The officers required to file office account
reports with the Division must file reports
electronically using the office account
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Candidate & Campaign Treasurer Handbook
Ju 2
Chapter �1: �arryover Campaign Requirements in this section application to
Funds the disposal of surplus funds, including
reporting requirements, are applicable to
the disposal of retained funds.
(�ction -=-� � =: - � F.S)
A candidate elected to state office or a
candidate who will be elected to state office
by virtue of his or her being un�opposed after
candidate qualifying ends, ma�r retain up to
$20,000 in her or her campaign account, or
in an interest-bearing account or certificate
of deposit, for use in her or her next
campaign for the same office, in addition to
the disposition methods provided in
subsections - " - -- _ - - . All
requirements applicable to candidate
campaign accounts under this chapter,
including disclosure requirements applicable
to candidate campaign accounts, limitations
on expenditures, and limitations on
contributions, apply to any retained funds.
The term "state office" means Governor,
Lieutenant Governor, Attorney General,
Chief Financial Officer, Commissioner of
Agriculture, State Senator, State
Representative, Justice of the Supreme
Court, District Court of Appeal Judge, Circuit
Court Judge, State Attorney, and Public
Defender.
The term "same office" with respect to
legislative office means an offir.e in the same
legislative body, irrespective of district
number or designation or geographic
boundary.
If a candidate who has retained funds under
this subsection does not qualify as a
candidate for reelection to the same office,
all retained funds shall be disposed of as
otherwise required by this section or
`� within 90 days after the last day of
candidate qualifying for that office.
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Candidate & Campaign Treasurer Handbook
June 2015
r �..�C �er 22; R��rdk�����!c • Contributions deposited in a secondary
� campaign depository shall be forwarded
to the primary campaign depository
;. prior to the end of the first business day
COn��IbUtIOnS following the deposit. A copy of the
deposit slip shall accompany the deposit.
• The campaign treasurer of each (�tion �. �6.C5, F.S)
candidate shall keep detailed accounts of
all contributions received, which shall be
current within not more than two days �pendit
after the date of receiving the
contribution. • The campaign treasurer of each
(�ction __ ::_, F.S) candidate shall keep detailed accounts of
� all expenditures made, which shall be
• All funds received by the campaign current within not more than two days
treasurer of any candidate shall be after the making of the expenditure.
deposited in the campaign depository (3zCtion _�.��6, F.S)
prior to the end of the fifth business day
following receipt (Saturdays, Sundays • Q"edit Cards for gatewide (Governor
and legal holidays excluded). Cabinet and 9.�preme Cburt Justice)
(�ction =�.:;�, F.S) �ndidates Only - Receipts for each
credit card purchase shall be retained by
• All money and contributions received the treasurer with the records for the
with respect to a campaign fund raiser campaign account. The treasurer shall
are deemed campaign contributions and require an accounting of actual expenses
shall be accounted for and subject to the and reconcile any overpayment or
same restrictions as other campaign underpayment to the original payee.
contributions. (�ctions . ���. �- and ����. -_:., F.S)
(�ction _ ��� --�; F.S)
• Receipts for debit card transactions must
• All deposits shall be accompanied by a contain: (1) the last four digits of the
bank deposit slip containing the name of debit card number; (2) the exact amount
each contributor and the amount of the expenditure; (3) the name of the
contributed by each. payee; (4) the signature of the campaign
(3�ctio�t ::_ __ __, F.S) treasurer, deputy treasurer, or
authorized user; and (5) the exact
• The campaign treasurer shall keep purpose for which the expenditure is
detailed accounts of all deposits made in authorized. Any information required
any separate interest-bearing account or but not included on the debit card
certificate of deposit and of all interest transaction receipt may be handwritten
earned. on, or attached to, the receipt by the
(3�ction _� J�.�:_�:, F.S) authorized user before submission to the
- treasurer.
(�ct i on -_----' F S )
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Candidate & Campaign Treasurer Handbook
June 2015
• All expenditures made with respect to a of inspection may be enforced by
campaign fund raiser which are made or appropriate writ issued by any court of
reimbursed by a check drawn on the competent jurisdiction.
campaign account shall be deemed to be (S�ction �' �r.��; F.S)
campaign expenditures to be accounted `
for and subject to the same restrictions • Records maintained by the campaign
as other campaign expenditures. depository shall be subject to inspection
(3�ction ����_c, F.S) by an agent of the Division or the Florida
Elections Commission at any time during
• The campaign treasurer shall keep normal banking hours, and such
detailed accounts of all withdrawals depository shall furnish certified copies
made from any separate interest- of any such records to the Division or
bearing account or certificate of deposit Florida Elections Commission upon
to the primary depositoiy and of all request.
interest earned. (9zction ______ _, F.S)
(3�ction _ � _=�, F.S)
• It is the duty of the Division to make,
• The campaign treasurer shall retain the from time to time, audits and field
records pursuant to Sectio� _��:: �, F.S. investigations with respect to reports
(�ction �:�. �-, F.S) and statements filed under the
provisions of Chapter 106, F.S., and with
respect to alleged failures to file any
E�''2S�rV�t'O�'1 OT .ACGOun�S report or statement required under the
provisions of Chapter 106, F.S.
Accounts kept by the campaign treasurer of (9zCtion _____ =,, F.S)
a candidate shall be preserved by the
campaign treasurer for a nurnber of years • It is the duty of the Division to conduct
equal to the term of the office� to which the random audits with respect to reports
candidate seeks election. and statements filed under Chapter 106,
(S2ctioin ____� .::��, F.S) F.S., and with respect to alleged failure to
� file any reports and statements required
under Chapter 106, F.S.
Ir�spectit�, :s (�ction ._��.%%._, .Jr. F.S)
• Accounts kept by the campaign treasurer
of a candidate, including separate
interest-bearing accounts and
certificates of deposit, may be inspected
under reasonable circumstances before,
during, or after the election to which the
accounts refer by an�r authorized
- representative of the Di�rision or the
Florida Elections Commisslion. The right
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Candidate & Campaign Treasurer Handbook
June 2015
Chapter 23: �o�kk °�p''�� • Keep a petty cash ledger of all
p, r . G ��;,,,, ,` � expenditures. These individual listings do
��"� �' ✓ not have to be listed on campaign
treasurer's reports, only the total
amount withdrawn and total amount
The Division has a few suggestions which spent per reporting period.
may be helpful to campaign treasurers in
setting up a system to record and maintain . Monitor the cash flow to know how
campaign information. much money is available at all times in
the account to avoid any possibility of
• Keep a schedule of due dates for authorizing an expenditure when money
campaign treasurer's reports. The is not available to pay for such
Division's website provides each expenditure.
candidate with a calendar of election and
reporting dates. • Maintain a listing of all funds currently in
the separate interest-bearing account,
• Know what period of tim�e each report certificate of deposit or money market
covers and only report activity occurring account.
during that reporting period.
• Make sure an authorization for
• If filing with the Division, keep a copy of advertising has been obtained from the
the electronic receipt for each report candidate.
filed for your own records. If filing with
the local officers, keep the certificate of
mailing.
• Record all contributions when received.
Make sure to include the name, address,
specific occupation, or principal type of
business if over $100, amount, and date
of each contribution. Keep contributions
itemized by monetary, in-kind, and
loans.
• Record all expenditures when they
occur. List the name and address of each
person to whom the expenditure was
made along with the amount, date, and
purpose.
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Candidate & Campaign Treasurer Handbook
J 2
Chapter 24: Rorida 8�ctions Comnlaint Process
Commission
Any person who has information of a
violation of Chapters -�=; or ��_, F.S., shall
The Florida Elections Commission is a file a sworn complaint with the Florida
separate and independent entity from the Elections Commission, 107 West Gaines
Division. Commissioners are appointed by Street, Suite 224, Tallahassee, Florida 32399-
the Governor from lists of names submitted 1050 or call 850- 922-4539. A complaint
by legislative leaders. form may be obtained from the Florida
Elections Commission or downloaded from
the Commission's website at:
Automatic Fine Appeal Process
Any candidate may appeal or dispute a fine � �� �
for a late filed campaign treasurer's report. (�tions - ,�'�.25 and =�_=, F.S)
The appeal must be based upon, but not
limited to, unusual circumstances
surrounding the failure to file on the
designated due date. The candidate may
request and is entitled to a hearing before
the Florida Elections Commission, which has
the authority to waive the fine in whole or in
part. The Florida Elections Commission must
consider the mitigating and aggravating
circumstances contained in Section
' 0� _� _� F.S., when determining the
amount of a fine, if any, to be waived. The
appeal must be made within 20 days of the
receipt of the notice of payment due. The
candidate must, within the 20 day period,
notify the filing officer in writing of his or her
intention to bring the matter before the
Commission.
(9zction --____ _ _ , F.S)
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Candidate & Campaign Treasurer Handbook
June 2015
.
e n ix
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Candidate & Campaign Treasurer Handbook
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Appendix A: Frequently Asked Questions
� G�' ��t °S
Q1, If I want to be a no pairty affiliation candidate, can I still be registered to vote as a
F�publican or Democrat?
Yes. Any registered elector who qualifies for office without party affiliation will have their name
placed on the ballot at the general election without party affiliation.
(�ction � - _^_,_ F.S)
Q2. Do I have to designate a campaign treasurer and depository before I make public my
intention to run for office?
No. A person must appoint a campaign treasurer and designate a depository prior to qualifying
for office, obtaining signatures on petitions, accepting contributions or making expenditures.
Nothing in the election laws prohibits a person from announcing their intention to become a
candidate prior to designating a treasurer or depository as long as no contributions are received
and no expenditures are made in connection with that announcement.
(9zction � �� _� F.S)
Q3. What if I want to change my campaign treasurer or other officers?
File a reappointment of campaign treasurer (_ ____ _-_ __ ) with the filing officer along with a
copy of the letter of resignatio� or removal. �
Q4. How arejudgeselec�ed in Floridaandwhat aretheirterms?
Merit I�tention
Not all judges in Florida are el�cted to office. Supreme Court Justices and Judges of the District
Court of Appeal are always appointed by the Governor from a list of three to six candidates
presented by the Judicial Nominating Commission for that court. Once appointed, they must
serve at least one year before the next primary (i.e. both the primary and general elections must
be one year away) election and, thereafter, must face a"yes" or "no" vote every six years as to
whetherthey will remain in off�ce. If a judge is not retained the appointment process starts again.
Further information can be obtained from the Florida State Courts website at
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Candidate & Campaign Treasurer Handbook
June 2015
8 ect ed Judges
Elected circuit judges and courity court judges have six year terms that begin on the first Tuesday
after the first Monday in January following the general election. They are on the primary and
general election ballots the year before the term ends in January. If a judicial candidate receives
a majority of the votes at th� primary election, the candidate's name will not appear on the
general election ballot unless a write-in candidate has qualified for the same office. If no
candidate receives a majorit�� of the votes at the primary election, the names of the two
candidates receiving the highest number of votes will appear on the general election ballot. The
candidate receiving the highest number of votes at the general election is elected to office.
Q5. Can a judiaal candidate speak at a political party function?
A judicial candidate may attend and speak in his own behalf at political party functions. However,
care must be exercised to insure compliance with the election laws and the Code of Judicial
Conduct. (Chapter 105, F.S. and Division of Elections Opinion 78-34.) For opinions of the Judicial
Ethics Advisory Commission, see:
nttp:/�`www iva6 orq/ LeqaiCommunitv/ LeqalPractice�' opinions� ieacoqinions� ieac html
Q6. I am a county court judge candidate. Where do I file and qualify?
You must file your appointment of campaign treasurer and designation of campaign depository
and qualify with the supervisor of elections office in the county where you reside.
(3�ction ___ _,.;;;;�., F.S)
Q7. When can I start collecting signaturesto qualify asa petition candidate?
Before collecting any signatur�s, all candidates (except federal and special district candidates)
must file the Appointment of Campaign Treasurer and Designation of Campaign Depository
(i __;__�,__�.�) with the filing officer. 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 :: _:: � :;
„� �_�_ of the county in which such petition was circulated.
Campaign Finance
Q�. Do persons running for� a political party executive committee office (e.g. precinc#
committeeperson) for precinct committeeperson have to file campaign reports?
Only if the person has received a contribution or made an expenditure; if applicable, the person
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Candidate & Campaign Treasurer Handbook
June 2015
files a single report on the 4�th day before the primary election. Although, persons seeking
election to political party exe�utive committees are specifically exempt from the definition of
"candidate," the political party executive office falls within the definition of "election."
�. . )
�ctions_ '�.��� ;, 106.�1 �(3�.� and `�6.�7u� F.S
Q9. May a candidate appoint himself or herself ascampaign trea.surer?
Yes.
(�ction -- -- _. F.S)
Q10. Must a campaign treasu�er be a registered voter in Florida?
No.
(�ction ----'�__.` FS)
Q11. How many deputy treasurers may a candidate have?
Candidates for statewide office may appoint up to 15 deputy treasurers. Other candidates may
appoint up to 3 deputy treasurers.
(�ction � _� ; : = F.S)
Q12. Can a deputy treasurer file and submit campaign reports?
Yes. A deputy treasurer may p�erform all of the duties of a campaign treasurer when specifically
authorized to do so by the carripaign treasurer.
_� _.
ion _---'—.--_._ FS)
Q13. Who isresponsiblefor keeping tabson aggregatetotalsof campaign contributions?
The campaign treasurer is responsible for receiving and reporting all contributions.
(S�ction � " �, F.S)
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Candidate & Campaign Treasurer Handbook
June 2015
Q14. May a candidate aooept a contribution from a trust fund?
Yes. ��a�te;� iv�, =.�., defines a"person" as an individual, corporation, association, firm,
partnership, joint venture, joint stock company, club, organization, estate, trust, business trust,
syndicate, or other combination of individuals having collective capacity. The term also includes
a political party, affiliated party committee, or political committee.
(�ction : Ja.:; _ , F.S)
Q15. Do I haveto itemiaesmall contributionsof $5, $10, $50, etc.?
Yes. The law provides no exceptions for the reporting of contribution information, regardless of
the size of the contribution. The full name and address of the contributor are also required.
(Section _ = =--_= =-- F S�
Q16. Are in-kind contributionssubject tothesame limitationsasmonetaryoontributions?
Yes. In �� ��__ :_ � � ___ the definition of a"contribution" includes contributions in-kind having
an attributable monetary value in any form. Therefore, in-kind contributions are subject to the
same limitations set for monetary contributions.
(3�ction _�:;�. � - - and ` :;��.C,:;, F.S)
Q17. How isthe value of an in-kind contribution determined?
The contributor must inform the person receiving the contribution of the fair market value at the
time it is given.
(�ction � ��. __, F.S)
Q18. Can a corporation give to a candidate, political committee or political party?
Yes. A corporation is under the definition of a"person" in �-: � ,_� __ v=__ _:_
(�ction _ i____ F.S)
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Candidate & Campaign Treasurer Handbook
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Q19. I am opposed in the general election, but I have no oppostion in the primary election,
therefore, my name will not be on the primary election ballot. Must I abide by the prohibition
on aooepting contributions lessthan five days prior to the primary election?
No. Only candidates opposed in the primary election are required to comply. However, since you
are opposed and your name will appear on the general election ballot, you are required to abide
by the prohibition on acceptin,g contributions less than 5 days prior to the general election.
(9zction � � - �� F.S)
Q20. C�n I conduct a raffle to raise money for my campaign?
No. Pursuant to Section ^_ �_:, Florida Statutes, it is unlawful for any person in this state to set
up, promote, or conduct any lottery for money or anything of value.
Q21. I wasgiven cash at a rally and have no information on who it isfrom. What do I do?
Report this contribution on your campaign report but do not spend these funds on the campaign.
After the campaign is over, dispose of the funds pursuant to Section _ ��_--_ F.S.
(Division of aectionsOpinion ��-G2)
C�22. What are considered "legitimate office expense�' for purposes of office aocounts?
As the duties and responsibilities of each office are different, what are considered legitimate
office expenses will vary. For expenses not specifically listed in Section _� _._- �___, please contact
your office's legal or accounting department.
Q23. C�n I use my leftover campaign fundsto help fund my future re-elec�ion?
No, unless you have been elected to a state office or will be elected to state office after being
unopposed after the end of the qualifying period and you seek re-election to the same office. If
the exception applies to you, you may retain up to $20,000 in your campaign account.
(�ction _ _ - _` F.S)
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Candidate & Campaign Treasurer Handbook
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Q24. I am an elected offiaal and still have funds in my office a000unt. I am now beginning my
re- election campaign. May I place the surplus funds in the office account into my campaign
acoount for re-election?
No. Funds retained by elected officials in their office accounts may only be used for legitimate
expenses in connection with their public office.
(S�ction'.06.14 ��;. F.S)
Q25. Do I have to file campaign reportson the Bectronic Filing 9�rstem (�?
If the Division is your filing officer, you are required to file all campaign reports via the -_�. If your
filing officer is other than th�e Division, you must contact the filing officer to find out the
requirements.
(Section ___'_: , F.S)
Q26. If my treasurer isout of iown, can I have an extension to file my report?
No. The election laws do not provide for an extension under these circumstances.
(Sect i ons �: � �----- _ _=_---=- F S �
Q27. If I make a mistake on my report can I go badc in and correct it on the �S?
Once the report is submitted to the Division of Elections, the EFS will not permit you to go back
and make changes. In order to correct mistakes or add and delete information, you must submit
an "amendment."
Q28. If I am late submitting my report, how is my fine calculated?
$50 per day for the first 3 days late and, thereafter, $500 per day for each late day, not to exceed
25% of the total receipts or expenditures, whichever is greater, for the period covered by the late
report. However, for reports immediately preceding the primary and general election, the fine
shall be $500 per day for each day, not to exceed 25%of the total receipts or expenditures,
whichever is greater, for the period covered by the late report.
Q29. How long are campaign reoords kept at the Division of Bections or the supervisor of
elections?
Ten years from the date of rec�eipt.
(�ctions __ :.�;=LL and ; ��. %�� ��`;_ F.S)
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Candidate & Campaign Treasurer Handbook
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Q30. Does the prohibition against aooepting oontributions 5 days prior to an election for
"candidate�' apply to individuals running for political party executive committee positions?
No, because s. �� c.�8 ��'s prohibition applies only to a"contribution received by a candidate"
and persons running for party executive committee persons are not "candidates."
Q31. How can I tell if a provisi��n in �^.�:::_�.. � appliesto individualsrunningfor political party
executive committee position:s?
Besides the provisions of s. u.; :;. �:� �� expressly applying to these individuals, use this as a general
rule: Because individuals running for political party executive committee positions are not
"candidates," if the ^,�_ __� � i^ provision applies only to a"candidate" or "candidates," the
provision will not apply; however, because selecting a member of a political party executive
committee is included in the definition of "election," if the provision applies to an "election"
without reference to "candidates," the provision will apply.
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Candidate & Campaign Treasurer Handbook
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Appendix B: 2016 Deadlinesfor pocepting Contributions
Other Offices ��ice of the Judge of a Distrid orcuit Judge or
(except 9apreme gapreme Cburt Cburt of Appeal �unty (burt
Court) �d�
If opposed in the $1,000 no later $1,000 no later
primaryelection than midnight
the Candidate may than midnight on on Au ust 25
August 25, 2016 g �
aooept: 2oi6
• $1,000 no later • $1,000 no later
than midnight on than midnight on
If opposed in the August 25, 2016; August 25, 2016;
primary and
general eleCtions • $1,000 between • $1,000 between
the candidate may August 25 and August 25 and
aooept: midnight on midnight on
Novemb�er 3, November 3,
2016 2016
• $1,000 no later
than midlnight on
If opposed only in August 25, 2016;
the general
election, the • $1,000 between
candidate may August 25 and
acoept: midnight on
November 3,
2016
Cbnsidered an
opposed
candidate but only $3,000 no later $1,000 no later
hasone elec�ion, than midnight on than midnight on
the general November 3, November 3,
eledion, may 2016 *** 2016 ***
acoept:
***Cbntributions may be aocepted during the primary election, but must be applied toward
the general election limitation.
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