10/11/2017. Russell C. Muniz, MBA, MPA, MMC Asst. Town Administrator/Town Clerk, Town of Southwest Ranches

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1 Russell C. Muniz, MBA, MPA, MMC Asst. Town Administrator/Town Clerk, Town of Southwest Ranches Susan A. Owens, MPA, MMC Municipal Clerk Consultant Pamela Smith, MMC City Clerk, City of Sanibel This Session Provides General Information to Get you Started. Your Procedures and Requirements May be Different! Step #1: Always Check your Charter & Code Communicate with your County SOE Regarding your Respective Responsibilities Consult with your Municipal Attorney 2 Types of Elections & the Election Process Roles & Responsibilities Legal Advertising Requirements Candidate Information Packets Candidate Qualifying & Campaign Financing Poll Management Referring Questions & Complaints The Municipal Canvassing Board 3 1

2 Certification of Results & Post-Election Audit Documentation Panel Discussion & Tips: Candidate Management Public Information Management Poll Management Election Day Preparations Q & A 4 5 General Uniform Municipal Stand Alone (F.S. now allows municipalities to change their qualifying and election dates by ordinance) Run-Offs (not all cities have these) Special Elections (may be city or citizen-initiated) Mail Ballot (only for elections with questions, not candidates) 6 2

3 Review Charter, Code, & F.S. Chs Review Municipal/County SOE Division of Duties Update Candidate Packages & Web Pages Advertise Qualifying Period Receive Qualifying Documents & Treasurer s Reports Qualify Candidates Remit State Election Assessment to State Advertise Election & Sample Ballot 7 Make All Necessary Election Day Arrangements Visit Polling Locations on Election Day Return Ballots & Equipment to SOE Canvass Ballots Certify/Receive Certification of Results Supervise Post-Election Audit Swear in Elected Officials & Provide Certificates of Election Remit Elected Officials Form 1s to County SOE Receive Termination Reports 8 9 3

4 Advertise/Call Election Prepare Candidate Packages Serve as Public Information Officer for Election Serve as the Qualifying Officer Prepare & Advertise Ballots Manage Pollworkers & Polling Locations (where appl.) Election Day Preparations & Oversight Serve as Canvassing Board Member Certify/Receive Certification of Results Work in Concert with your County SOE 10 Pursuant to F.S (7)(c), the Municipal Clerk, as filing officer, performs only a ministerial function in reviewing qualifying papers. In determining whether a candidate is qualified, the filing officer shall review the qualifying papers to determine whether all items required have been properly filed and whether each item is complete on its face, including whether items that must be verified have been properly verified (by oath or affirmation) pursuant to F.S (1)(a). The filing officer may not determine whether the contents of the qualifying papers are accurate. 11 Provide Voting Equipment, Ballots, Precinct Supplies, Phone Bank, Technical Staff, & Last Minute Poll Workers Register Voters and Maintain Voter Rolls Manage Absentee Ballots Manage Pollworkers & Polling Locations Publish Legal Notices for L & A Tests and Assist with Absentee Ballot Canvassing & Post Election Audit Tabulate Ballots & Certify Results (where appl.) Work in Concert with Municipal SOE Retain Voting Records (depends on county/agreement) 12 4

5 Administration Police Department (officers cannot enter polls unless the Poll Clerk allows them to) Fire-Rescue Department (emergency rescue) Code Enforcement (signage) Public Works (city facilities) Finance (poll worker payroll) Front Counter Staff (where to direct voters) 13 General Provisions: Election and Qualifying Dates Qualifying Requirements & Fees Terms of Office How Members are Elected Residency Requirements & Proof of Residency Appointment of Canvassing Board and Poll Workers Determining the Winner Certification of Results & Effective Date of Office 14 Other Provisions to Watch for: Resignations & Vacancies in Office Petition Requirements Referendum Requirements Early Voting Opt In or Out Municipality Specific Requirements: Oath of Office Fingerprinting Caucus 15 5

6 16 F.S Qualifying: Must state what offices and/or vacancies are to be filled at the election, and be published twice during the 30 days prior to the beginning of qualifying F.S (2) General Elections: Upon completion of the list of qualified candidates, a sample ballot shall be published before the day of election. 17 F.S A municipality shall not call any special election until notice is given to the supervisor of elections and his or her consent obtained as to a date when the registration books can be available. F.S There shall be at least 30 days notice. The publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the election or referendum is to be held. 18 6

7 Voting Rights Act (VRA) of 1975: includes special protections for "language minorities. The language minorities protected under the Act are: American Indians, Asian Americans, Alaskan Natives, and citizens of Spanish Heritage. A jurisdiction is covered under this when the number of US citizens of voting age in a single language group within the jurisdiction is more than 10,000 or more than 5% of all voting age citizens counties in Florida fall under this provision due to their Hispanic populations: o Broward, Hardee, Hendry, Hillsborough, Lee, Miami- Dade, Orange, Osceola, Palm Beach, and Polk These counties must provide ballot and election materials and advertise in Spanish. Depending on your demographics, you may also be required to advertise in Creole or another foreign language. F.S. does not specify that ads in foreign languages be placed in foreign language newspapers; but, they should be whenever possible. 20 All Advertisements Must be Published in a Newspaper of General Circulation in the Community Use Certified Translators for any Ads and Materials in Foreign Languages Charter, Code, and/or City Policy Websites and Newsletters Community Specific Needs 21 7

8 22 1. Candidate Information: Seats Up for Election Responsibilities of Positions Qualifying Requirements and Period Voter Registration Book Closing Date(s) Election Date(s) Becoming a Candidate How the Process Works 2. Logic & Accuracy Testing: Notice of Logic and Accuracy Testing Acknowledgement of Receipt of Notice of Logic and Accuracy Testing Form Candidate Filing Forms: Form DS-DE9: Appointment of Campaign Treasurer and Designation of Campaign Depository Form DS-DE84: Statement of Candidate Form DS-DE25: Oath of Candidate Form 1: Statement of Financial Interests with Instructions 4. FL Dept. of State Division of Elections Candidate and Campaign Treasurer Handbook (latest edition) 24 8

9 5. Campaign Reporting Information: Campaign Treasurer s Reporting Schedule & Contribution Deadlines 6. Treasurer s Reports (at least): Form DS-DE 12: Treasurer s Report Summary Form DS-DE 13: Treasurer s Report Itemized Contributions Form DS-DE 14: Treasurer s Report Itemized Expenditures Form DS-DE 87: Waiver of Report Poll Watcher Information: Form DS-DE 125: Designation of Poll Watchers 8. Precincts and Polling Locations Precinct Maps 9. Campaign Signage Laws: State Laws FL Department of Transportation Municipal Regulations Sign Bonds (if applicable) Other Information: Election Laws: Chapters (this also meets your requirement to provide a copy of Chapter 106 to the candidates) Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees Local Code of Ethics (if applicable) Municipal Charter Municipal Election Code 27 9

10 Include Some Version of the Following Disclaimers & Explain Them to Candidates: Acknowledgement of Receipt of Candidate Package: By signing this form I acknowledge that I have received a complete copy of the 2015 Candidate Election Package from the Town of Palm Beach. I further acknowledge that I have read and understand the following disclaimers: 28 Acknowledgement that the Package is a Summary of the Election Code Only: The information contained herein is intended as a reference guide only. The Town Clerk s Office will provide assistance to candidates; however, it is not the responsibility of this Office to interpret Florida Statutes as prescribed by Florida Law. All information contained herein is current as of the date of publication, November 23, Acknowledgement of the Responsibilities of the Qualifying Officer: Pursuant to F.S (7)(c), the Town Clerk, as filing officer, performs only a ministerial function in reviewing qualifying papers. In determining whether a candidate is qualified, the filing officer shall review the qualifying papers to determine whether all items required have been properly filed and whether each item is complete on its face, including whether items that must be verified have been properly verified (by oath or affirmation) pursuant to F.S (1)(a). The filing officer may not determine whether the contents of the qualifying papers are accurate

11 Digital Media v. Paper Copies Candidate Meeting Requirements One-on-One Meetings v. Workshops Pursuant to F.S (7)(c), the filing officer performs only a ministerial function in reviewing qualifying papers. In determining whether a candidate is qualified, the filing officer shall review the qualifying papers to determine whether all items required have been properly filed and whether each item is complete on its face, including whether items that must be verified have been properly verified (by oath or affirmation) pursuant to F.S (1)(a). The filing officer may not determine whether the contents of the qualifying papers are accurate

12 Qualifying Period Qualifying by Petition Qualifying Fees Residency/Registered Voter Requirements Municipality Specific Requirements 34 Forms Required: Appointment of Campaign Treasurer & Designation of Depository (DS-DE9) must be filed before campaign account is opened Statement of Candidate (DS-84) required within 10 days of submitting Form DS-DE9 Use of Nicknames and Titles Once a Candidate declares their intent, they are required to file regular Treasurer s Reports Advise that fines may apply for late filings 35 Form DS-DE25: Oath of Candidate Form 1: Statement of Financial Interests (for the preceding year) Affidavit of Undue Burden (if applicable) Form DS-DE104: Candidate Petitions (if applicable) Notice and Acknowledgement of Logic & Accuracy Testing (recommended but not required) Any Additional Municipality-Specific Documents All qualifying forms and fees must be received by the prescribed date and time! 36 12

13 F.S (5): At the time of qualifying for office, each candidate shall file a Disclosure of Financial Interests (Form 1), which must be verified under oath or affirmation pursuant to s (1)(a). F.S (7)(a)(2): The Candidate s Oath must contain the name of the candidate as it is to appear on the ballot; ; and the signature of the candidate, which must be verified under oath or affirmation pursuant to s (1)(a). 37 F.S (1): Oaths, affidavits, and acknowledgements required under law may be taken or administered by or before any judge, clerk, or deputy clerk of any court of record within this state, or before any US commissioner, or any notary public within this state. 38 Your municipality may require additional qualifying documentation, such as the following, in order to qualify: o Copy of Drivers License o Copy of Voter Registration Card o Confirmation of Status from the SOE You must take the documents on face value. You may not determine whether the contents of the qualifying papers are accurate

14 Municipal Qualifying Fee (if applicable) State Election Assessment - F.S : o At the time of qualifying, each person shall pay an election assessment in an amount equal to 1 percent of the annual salary of the office sought. o Within 30 days after the close of qualifying, the qualifying officer shall complete the State Assessment Fee Form and forward all assessments collected to the Florida Elections Commission. 40 F.S (7)(a)(1): If a candidate s check is returned by the bank for any reason, the filing officer shall immediately notify the candidate and the candidate shall have until the end of qualifying to pay the fee with a cashier s check purchased from funds of the campaign account. Failure to pay the fee as provided in this subparagraph shall disqualify the candidate. 41 Any person seeking to qualify for nomination or election to a municipal office who is unable to pay the election assessment without imposing an undue burden on personal resources or on resources available to him or her shall submit an Affidavit of Undue Burden given under oath to the qualifying officer, and shall be exempt from paying the state election assessment. This does not exempt them from any municipal qualifying fees

15 F.S The Qualifying Officer may, at the time of qualifying, give written notice of the time and location of the L&A to each candidate qualifying and obtain a signed receipt from the candidate that the notice has been given. If a candidate did not receive written notification at the time of qualifying, the Qualifying Officer shall, at least 15 days prior to the election, send written notice by certified mail to those candidates stating the time and location of the L&A. 43 F.S (2) Not more than 10 days prior to the election, the supervisor of elections shall have the automatic tabulating equipment publicly tested to ascertain that the equipment will correctly count the votes cast for all offices and on all measures. Attendance is optional. All candidates, as well as any members of the public, may attend. Request that candidates advise in advance if they will be attending so that the SOE s Office can make the appropriate arrangements

16 Candidates May Appoint Themselves as Treasurer. Candidates are Prohibited from Signing Campaign Checks Unless They Appointed Themselves as Campaign Treasurer or Deputy Treasurer. They Shall File Regular Reports of all Contributions Received and Expenditures Made by or on Behalf of the Candidate. Candidates May Designate up to 3 Deputy Treasurers. 46 Form DS-DE 9 must be on file with the filing officer prior to opening the campaign account. Designating a campaign depository does not mean actually opening an account. It is merely naming the financial institution where campaign funds will be deposited. The campaign account must be separate from any personal or other account and used only for depositing campaign contributions and making expenditures. 47 No person may make a contribution in excess of $1,000 to any candidate per election. This limit does not apply to amounts contributed by a candidate to his own campaign. General and run-off elections are considered one election for the purposes of this requirement. Candidates may not accept contributions of more than $50, in the aggregate, in cash or cashier s check from anyone per election

17 The Qualifying Officer shall review the Treasurer s Reports to ensure that they are complete; however, the Qualifying Officer is not responsible for making sure that the Reports are accurate. Any report that is deemed to be incomplete must be accepted on a conditional basis. The campaign treasurer shall be notified by certified mail or by another method using a common carrier that provides a proof of delivery as to why the report is incomplete and within 7 days after receipt of such notice must file an addendum to the report providing all information necessary to complete the report. 49 It is the responsibility of the Qualifying Officer to provide candidates with a schedule of due dates. F.S (1) Reports are due on the 10 th day following the end of each calendar month from the time the campaign treasurer is appointed. F.S (1)(b) Additional reports are due on the 25 th,11 th, and 4 th days immediately preceding the election. F.S (1)(d)2. For elections on an issue only, all political committees shall also file reports on the 18 th and 4 th days before such election. 50 F.S (2)(a)1. Reports shall be filed not later than 5p.m.of the day designated; however, any report postmarked by the USPS no later than midnight of the day designated is deemed to have been filed in a timely manner. Any report received by the filing officer within 5 days after the designated due date that was delivered by the USPS is deemed timely filed unless it has a postmark that indicates that the report was mailed after the designated due date

18 F.S (8)(a) Any candidate failing to file a report on the designated due date is subject to a fine for each late day, and such fine shall be paid only from personal funds of the candidate. The fine shall be assessed by the filing officer and the monies collected shall be deposited in the municipality s general fund. F.S (8)(b) Such fine shall be paid to the filing officer within 20 days after receipt of the notice of payment due, unless an appeal is made to the Florida Elections Commission. 52 F.S (8)(b) Upon determining that a report is late, the filing officer shall immediately notify the candidate that a fine is being assessed for each late day. The fine shall be $50 per day for the first 3 days late and, thereafter, $500 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report. However, for the reports immediately preceding each election, the fine is $500 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report. 53 F.S (8)(b) The filing officer shall determine the amount of the fine due based upon the earliest of the following: When the report is actually received by such officer. When the report is postmarked. When the certificate of mailing is dated. When the receipt from the courier company is dated. F.S (8)(d) The filing officer shall notify the Florida Elections Commission of repeated late filings, the failure to file a report after notice, or the failure to pay the fine imposed

19 Repay Personal Loans Made Into the Account Return pro rata to each contributor Donate the funds to a 501(c)(3) charitable organization Donate the funds to the municipality Transfer the funds, subject to limitations, to an office account, which shall only be used for legitimate expenses in connection with the candidate s public office (i.e. travel) or expenses incurred in the operation of their office (i.e. hiring staff) Precincts versus Polling Places Begin with the County Approved Locations All Polling Places Must Comply with the Florida Americans With Disabilities Accessibility Implementation Act. Must be Able to Access the Location the Day Before & After the Election for Equipment Pick Up & Delivery Get Signed Agreements as Soon as Possible. Include Run-Off Dates, if Applicable, Morning & Evening Emergency Contact Personnel, Any Fees Charged, & All Supplies to be Provided (i.e. tables & chairs) Notification Requirements for Temporary Polling Place Changes 57 19

20 F.S (3)(a) - No persons other than SOE Staff, election workers, and voters may enter any polling room or polling place where the polling place is also a polling room, or any early voting area, during voting hours. The following are some exceptions: When the polling room is in an area commonly traversed by the public in order to gain access to businesses or home, or in an area traditionally utilized as a public area for discussion When a voter has requested the assistance of a specific individual in order to vote, AND both parties have filled out the required forms 58 No person or group may solicit voters inside the polling place No person or group may solicit voters within 100 feet of the entrance to the polling place, early voting site, or an office of the SOE where absentee ballots are requested and printed on demand Before the polls open, the precinct clerk shall designate the no-solicitation zone and mark its boundaries 59 Poll Worker Roles and Responsibilities: Clerks Assistant/Deputy Clerks Inspectors Deputies F.S (1) Regulates Poll Worker Recruitment and Training. In Many Cases, Poll Workers Must be Trained Prior to Working Each Election. County Versus Municipal Hiring of Poll Workers 60 20

21 Start with your County SOE s Approved Poll Worker List Hire Those Familiar with and Closest to Your Precincts Hire at Least 1 Republican and 1 Democrat for Each Precinct, Whenever Possible Assign Clerk and 1 Other Poll Worker to Transport Ballots and Equipment to Designated Drop-Off Location Hire On-Call Clerks Reconfirm Poll Worker Availabilities Prior to the Election Prepare Payroll Sign-In/Out Sheets and Provide to Clerks Prior to the Election 61 You can use the county rate or elect to pay poll workers more than the county rate. See what your Finance Department requires to pay poll workers (i.e. W-4 Form). If Collecting Social Security Numbers, Remember to give them a SSN Collection & Usage Notice. You are not required to withhold FICA taxes. A W-2 must be provided if they earn more than $600 annually. 62 Are allowed within the polling room or early voting area to watch and observe the conduct of the electors and the officials. Candidates must designate their Poll Watchers 2 weeks prior on a Form DS-DE 125. Municipal SOE Duties: Certify that each Poll Watcher is a registered voter in the county in which the election is held Furnish a list of approved Poll Watchers to each Precinct Provide an ID badge 7 days before early voting 63 21

22 The only exception to the no-solicitation zone is for exit polling, which media, campaign staff, or others may conduct. Exit Pollers may approach voters only AFTER voters leave the polling place. Unlike Poll Watchers, they do not have to register prior to the election Municipal election process, deadlines, and general election information- Municipal Clerk Complaints regarding Code requirements for political signage- Code Enforcement How to vote, absentee ballots, poll workers/watchers, and voter registration, including changes of address- County SOE s office 66 22

23 Interpretation of Florida statutes and requests for legal opinions regarding same- Florida Attorney General s Office Complaints alleging voter fraud or violations of voting system standards, provisional ballots, the voter registration database, or mail-in registrations- Florida Department of State Division of Elections. Complaint forms and directions can be found at: The Division also maintains a toll free voter fraud hotline at 1 (877) Complaints alleging violations of only Chapters 104 (Elections Code) and 106 (Campaign Financing)- Florida Elections Commission (FEC). The FEC is not permitted to give advisory opinions; and, it does not have jurisdiction over candidate qualifying issues, how elections are run, or how votes get counted. Complaint forms and instructions may be found at: mplaints

24 Composition is set by F.S., Municipal Charter, & Municipal Code Conducts a formal canvass of the results of an election, which includes reviewing the vote totals Supervises Logic & Accuracy Tests Reviews absentee ballot signatures Determines voter intent on non-conforming ballots Supervises post-election audit Administers recounts Municipal Charter & Code requirements will specify who certifies the results. F.S The supervisor shall give to any person the election of whom is certified by the county (or municipality) canvassing board a certificate of the person s election. The certificate of election which is issued to any person shall be prima facie evidence of the election of such person

25 FAC 1S The purpose of the manual audit is to ensure that the voting system deployed in the election tabulated all votes properly. It consists of 1 randomly selected race in a randomly selected 2% of precincts in which the selected race appears Create Checklists Create a Candidate Contact Log Acknowledgement of Receipt of Candidate Package with Appropriate Disclaimers Treasure s Report & Qualifying Form Amendments Notices to Late Filers Non-Candidate Related Issues & Complaints 75 25

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27 79 80 Russell C. Muniz, MBA, MPA, MMC Asst. Town Administrator/Town Clerk, Town of Southwest Ranches Susan A. Owens, MPA, MMC Municipal Clerk Consultant Pamela Smith, MMC City Clerk, City of Sanibel 81 27