Village of Estero Candidate Qualifying Resource Guide (Initial Election of Village Council Members in Accordance with 2014 HB 1373)

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1 VILLAGE OF ESTERO NOVEMBER 2014 SUPERVISOR OF ELECTIONS Lee County, Florida Post Office Box 2545 Fort Myers, FL Page 0

2 Dear Village Candidate: Congratulations for taking an active role in the electoral process! The forgoing Candidate Qualifying Resource Guide highlights key campaign information and guidelines for Village candidates. The information in this guide is designed to complement the 2014 Candidate and Campaign Treasurer s Handbook produced by the Florida Department of State, Division of Elections, as well as Florida Statutes Chapter 106 (Florida s Campaign Finance Laws), and is an essential supplement to a Village candidate s campaign. A Village candidate can access a copy of the Election Laws of the State of Florida at the Lee County Supervisor of Elections website at and visit the Candidate section of the site. During his/her candidacy, a candidate must ensure compliance with laws and regulations pertaining to campaign finance and campaign signage. The Lee County Supervisor of Elections Office strives to maintain an open and reliable line of communication with candidates and prospective candidates. We encourage candidates and their campaign staff to consider that it is always easier to avoid a problem than it is to solve one. Please call us before you take any action regarding your campaign when you are not certain of the laws or requirements; we are ready to assist you wherever we can. You will want your campaign to progress smoothly and be a favorable experience for all involved. We wish you the best of luck with your candidacy, and in conducting a successful and effective campaign. Sharon L. Harrington Sharon L. Harrington, CERA, MFCEP Supervisor of Elections Lee County, Florida Contact Us Bernie R. Feliciano Director of Administration Senior Qualifying Officer bfeliciano@leeelections.com Cheryl Futch Qualifying Assistant I cfutch@leeelections.com Tammy Lipa Qualifying Assistant II tlipa@leeelections.com Todd Putnam System Administrator tputnam@leeelections.com Cheryl Johnson Voter Registration Director cjohnson@leeelections.com Carol Meyer Absentee Department Director cmeyer@leeelections.com Trish Tripi Absentee Department Coordinator ttripi@leeelections.com Area/Field Candidate Qualifying Support and Guidance Electronic Filing Support and Guidance Candidate Petition Support and Guidance Candidate Qualifying Assistance Campaign Finance Report Notices Candidate Petition Support and Guidance Candidate Qualifying Assistance Purchase Voter Registration Data Purchase Absentee Ballot Subscription Voter History Compilation Demographics Compilation/Purchase Maps Voter Registration Questions/Support and Guidance Absentee Voting Questions/Support and Guidance Page 1

3 Subject Directory in Alphabetical Order Page(s) Introduction 1 Advertising Disclaimer 13 Announcing Candidacy 3, 6 Appointing a Treasurer 3, 6 Ballot-by-Mail Request Deadline 8 Campaign Finance Reports 3, 6, Campaign Report Filing Information 12 Campaign Reports Calendar 11 Campaign Treasurer/Deputy Treasurer 3, 6, 15 Candidate Oath 5, 7 Candidate Petition Deadline 3 Candidate Petition Form 4, 7 Candidate Qualifying Reference Table 6-8 Canvassing Board Meetings 7, 9 Code Enforcement 14 Contact Us 1 Contribution Deadline 8, Contributions/Depositing 13 Deadline to Accept Contributions 8, Early Voting Dates, Location and Time 8, 9 Election Assessment 5, 7 Election Date 3, 7, 8 Election Laws 1 Electronic Filing/Campaign Reports 3, 6 Fees for Qualifying 5, 7, 8 Financial Disclosure 5, 7 Frequently Asked Questions 15 In-Kind Contributions 16 Late Report Fines 11 Lotteries 16 Nickname on Ballot 4 Opening a Campaign File PayPal 13 Political Disclaimer 13 Qualified Elector 3 Qualifying Dates 3, 5, 7 Qualifying Fee 5, 7, 8 Raffles 16 Reporting Calendar 11 Residency and Proof of Residency 3, 5 Resign-to-Run 7 Returning Contributions not Deposited 12 Salary 5, 8 Sign Placement 10, 14 Signature Deadline 3, 4 Signature Fee Waiver 4 Signature Verification Fees 4 Signs 10, 14 Solicitation at Early Voting 10 Staff Contacts 1 Statement of Candidate 3, 6 Term of Office/Commencement of Term 6, 8 Termination Report 13 Undue Burden/Election Assessment 5, 7 Undue Burden/Signatures 4 Voter Registration Book Closing 8 Waiver of Campaign Report 12 Page 2

4 Candidate Petition Deadline Noon, December 15, 2014 (235) Valid Signatures (signatures of registered voters in the Village of Estero) Candidate Qualifying Dates Noon, January 12, 2015 through Noon, January 16, 2015 REGULAR ELECTION Tuesday, March 3, 2015 Requirements to Qualify for Candidates in Initial Council Election Village Council Districts 1 through 7 Elected At-Large/Village-Wide Qualified Elector. A candidate must be a registered elector of the Village. (Village Charter Section 9 Nominations and Elections) Residency. A candidate must be a resident of the Village for at least (1) one year before the beginning of the qualifying period for the office sought. For the purpose of the 1-year residency requirement, the date of residence shall be on or before January 12, (Village Charter Section 9 Nominations and Elections) Announcing Candidacy. A person may announce his/her candidacy at any time. No person shall accept ANY contribution, or make ANY expenditure or collect candidate petition signatures with a view to bring about his or her nomination, election, or retention in public office, or authorize another to accept such contributions or make such expenditure on the person s behalf, unless such person has appointed a campaign treasurer and designated a primary campaign depository. The Appointment of Campaign Treasurer and Designation of Campaign Depository shall be filed with the Supervisor of Elections Office prior to qualifying. (Florida Statutes ) Form DS-DE 9 Initial Filing. Complete and file Form DS-DE 9 Appointment of Campaign Treasurer and Designation of Campaign Depository prior to obtaining any signature on a candidate petition form, establishing a campaign checking account at a bank, or qualifying as a candidate. Form DSDE 9 shall contain the office sought and district number. A candidate must appoint a primary campaign treasurer, and may appoint up to (3) three deputy treasurers. A candidate may serve as primary campaign treasurer or as a deputy treasurer. (Florida Statutes ) Filing of Required Campaign Treasurer s Reports. The Lee County Supervisor of Elections provides its own (EFS) electronic filing system for the filing of required campaign finance reports. The Lee County Candidate Campaign Finance Electronic Filing System facilitates the electronic filing of required campaign finance reports in lieu of filing original and signed campaign finance reports by hand delivery or standard mail. (Florida Statutes (5), (4), (1), and (2) Upon filing Form DS-DE 9, a Village candidate and his/her campaign treasurer and deputy treasurer (if one is appointed) will be provided a User Identification Number, Password and access to the electronic filing system for the filing of required campaign treasurer s reports. Form DS-DE 84 Initial Filing. Complete and file Form DS-DE 84 Statement of Candidate within 10 days of filing Form DS-DE 9. (Florida Statutes ) Page 3

5 Form DS-DE 104 Candidate Petition Form. Candidate petitions ARE NOT required, however, a candidate who wishes to utilize the candidate petition method must timely submit 235 two hundred thirty-five valid signatures, of voters of the Village of Estero, by Noon, December 15, Upon filing of Form DS-DE 9, a candidate may begin obtaining candidate petition signatures. Failure to file Form DS-DE 9 prior to obtaining candidate petition signatures will invalidate signatures collected. Form DSDE 104 shall contain the office sought and district number. Candidates who successfully obtain and timely submit the required number of valid candidate petition signatures will not be required to pay the filing fee, however, are required to pay the election assessment unless the candidate submits a written certification with a request to waive the election assessment. Suggested: A candidate should submit candidate petition signatures, to the Supervisor of Elections, as those signatures are obtained, in order to allow sufficient time for processing and permit the Supervisor to notify the candidate about the status of said signatures prior to the deadline to submit petitions. Deadline to Submit Signatures. Signatures must be submitted to the Supervisor of Elections MAIN OFFICE and are due before Noon, December 15, (Florida Statutes ) Signature Verification Fees. The signature verification fee is (10) ten cents per signature verified. The signature verification fee shall apply whether or not the signature is valid. (Florida Statutes ) Signature Verification Fee Waiver (Undue Burden Oath). If a candidate cannot pay the signature verification fee without imposing an undue burden on personal resources or upon the resources otherwise available to the candidate, upon written certification of such inability given under oath to the Supervisor of Elections, the candidate will be entitled to have the signatures verified at no charge. (Florida Statutes ) Signature Verification Fee Undue Burden Restrictions. If any person is paid to solicit signatures on a petition, an undue burden oath may not subsequently be filed in lieu of paying the fee to have signatures verified for the petition. (Florida Statutes ) If an undue burden oath has been filed and payment is subsequently made to any person to solicit signatures on a petition, the undue burden oath is no longer valid. A fee for all signatures previously submitted to the Supervisor of elections and any that are submitted thereafter shall be paid by the candidate that submitted the undue burden oath. (Florida Statutes ) If contributions, as defined in Florida Statutes are received, any monetary contributions must first be used to reimburse the Supervisor of Elections for any signature verification fees that were not paid because of the filing of an undue burden oath. (Florida Statutes and ) Use of Nickname on Ballot Prior to Qualifying. A candidate, who plans to designate a nickname on his/her candidate oath form other than a generally recognized shortened version of his/her legal name (e.g., Rob or Bob for Robert, Bill for William, DJ for David Joseph, etc.), should provide notice of his/her intention well in advance of the qualifying period. The candidate will need to make a satisfactory showing that he/she is generally known by the nickname or that he/she has used the nickname as part of his/her legal name. Failure to provide such information in advance may result in not having sufficient time during the qualifying period to determine if the nickname may be printed on the ballot. A candidate can obtain an Affidavit of Nickname from the Supervisor of Elections. Page 4

6 Proof of Residency at qualifying or prior to qualifying. A candidate shall qualify by providing proof of voter registration and his/her current address, OR proof of (1) one year s residency, such as a copy of a formally filed and recorded Declaration of Domicile (declaring the county as domicile), copy of warranty deed on residence (claiming the property as homestead) or lease agreement. A candidate may provide other documentation that establishes a 1 year residency in the Village (such as paying bills for residency light, water, garbage service). Such documentation is subject to review by the Supervisor of Elections in order to determine if the documents presented sufficiently establish residency as provided in Section 9 Nominations and Elections. (Village Charter Section 9 Nominations and Elections) Candidate Qualifying Dates Noon, January 12, 2015 through Noon, January 16, 2015 Form DS-DE 25 Candidate Oath at qualifying. Take and subscribe to the oath or affirmation in writing required by Florida Statutes , Form DS-DE 25 Candidate Oath Non Partisan Office which must contain the name of the candidate as it is to appear on the ballot; the office sought and district number, and the signature and address of the candidate, duly acknowledged. The Form DS- DE 25 must be notarized; the Supervisor of Elections provides notary services. Financial Disclosure at qualifying. A candidate must file Form 1, Statement of Financial Interests for 2014, together with, and at the same time, he or she files qualifying papers. Please direct all questions regarding the filing if Form 1 to the Florida Commission on Ethics by calling The Supervisor of Elections is not authorized to advise a candidate in the completion of Form 1. (Florida Statutes and Florida Constitution Article II 8). Qualifying Fee at qualifying. At the time of qualifying, each candidate shall pay the Supervisor of Elections, a qualifying fee equal to four percent (4%) of the annual salary ($6,000.00), for the office sought. The qualifying fee shall consist of a filing fee and an election assessment. The amount of the filing fee is (3% or $180.00), and the election assessment is (1% or $60.00). (Village Charter Section 9 Nominations and Elections)(Florida Statutes ) The total cost for qualifying is Two Hundred Forty Dollars ($240.00). For candidates who successfully completed the candidate petition process, the filing fee is waived, however, the candidate must still pay the election assessment. Election Assessment Waiver at qualifying. Any person seeking to qualify for a municipal office who is unable to pay the election assessment without imposing an undue burden on personal resources or on resources otherwise available to him or her shall, upon written certification of such inability given under oath to the qualifying officer, be exempt from paying the election assessment. (Florida Statutes ) Payment of Qualifying Fee. The check for the qualifying fee, filing fee or election assessment must be a properly executed check, drawn on the candidate s campaign checking account and made payable to LEE COUNTY ELECTIONS. If required to pay total cost of qualifying fee (includes filing fee and election assessment) ($240.00) If successful petition candidate, filing fee is waived and candidate is responsible for the Election Assessment ($60.00) If only the Election Assessment is waived, candidate is responsible for the Filing Fee ($180.00) The only way to waive the filing fee is by successfully completing the candidate petition process. Page 5

7 Term of Office. In the initial election of Village council members, in order to allow for staggered terms, the term of office shall be as follows: (Section 12 Referendum election; transition.) The (4) four council members receiving the highest number of votes shall be elected to (4) four year terms; The (3) three other council members shall be elected to (2) two year terms. Council members elected to (2) two year terms may serve, if re-elected in the subsequent council election an additional (4) year term. Commencement of Term of Office. In the initial election of Village council members, the term of each council member shall begin on the (2 nd ) second Tuesday after the council election or March 17, The term of each council member shall end on Monday immediately before commencement of the following term. (Section 4 Village Council)(Village Charter Section 9 Nominations and Elections) Candidate Qualifying Reference Table Open campaign file. Campaign file can be opened with the Supervisor of Elections any time prior to or during the week of qualifying. Final candidate-qualifying documents must be finalized and submitted during the week of qualifying. (Candidate qualifying is Noon, January 12, 2015 through Noon, January 16, 2015) File Form DS-DE 9 Appointment of Campaign Treasurer and Designation of Campaign Depository PRIOR TO establishing a campaign account at a bank. Upon filing Form DS-DE 9, a candidate who intends to qualify by the petition process may begin collecting candidate petition signatures. (initial filing required form) Only persons designated as treasurer or deputy treasurer may sign campaign account checks. A candidate may be his/her own treasurer or deputy treasurer. A candidate may appoint up to 3 deputy treasurers. Open campaign checking account at bank. The campaign checking account does not need to be immediately established, however, we recommend that a candidate establish the bank account as soon as possible after filing Form DS-DE 9 Appointment of Campaign Treasurer and Designation of Campaign Depository so that the account will be in place for expenditures and receipt of contributions in connection with the candidate s campaign. A campaign contribution must be deposited in the campaign checking account within 5 business days of acceptance. Within 10 days of filing Form DS-DE 9, a candidate must file Form DS-DE 84 Statement of Candidate. (initial filing required form) Form DS-DE 84 provides that the candidate has been provided access to read, and understand the requirements of Florida Statutes Chapter 106 (Campaign Financing). Willful failure to file this form is a first degree misdemeanor and a civil violation of the Campaign Financing Act which may result in a fine of up to $1,000, (ss (1)(c), (1), Florida Statutes). Filing of required campaign treasurer s reports. (filings required) A candidate will be provided with an election cycle calendar of campaign treasurer s reporting dates. The reports must be filed when due even if a campaign checking account HAS NOT been established. Reports must be filed even if the candidate accepts no contributions or makes no expenditures. As a courtesy, the Supervisor of Elections MAY provide candidates with a telephonic or written reminder when reports are due, however, this is not a requirement. The candidate and campaign treasurer, collectively, are responsible for the timely filing of all campaign treasurer s reports. (Please refer to calendar for reporting dates provided in this guide). Authority FS and FS FS and FS FS FS FS Page 6

8 Candidate Qualifying Reference Table Authority Candidate Petition Process. Candidate petitions ARE NOT required, however, a candidate who wishes to utilize the candidate petition method must timely submit 235 two hundred thirty-five valid signatures, of voters of the Village of Estero, by Noon, December 15, Upon filing of Form DS-DE 9, a candidate may begin obtaining candidate petition signatures. Failure to file Form DS-DE 9 prior to obtaining candidate petition signatures will invalidate signatures collected. Form DSDE 104 shall contain the office sought and district number. Candidates who successfully obtain and timely submit the required number of valid candidate petition signatures will not be required to pay the filing fee, however, are required to pay the election assessment unless the candidate submits a written certification with a request to waive the election assessment. Suggested: A candidate should submit candidate petition signatures, to the Supervisor of Elections, as those signatures are obtained, in order to allow sufficient time for processing and permit the Supervisor to notify the candidate about the status of said signatures prior to the deadline to submit petitions. Candidate petition signatures shall be submitted to the Main Office of the Lee County Supervisor of Elections for signature verification. The signature verification fee is 10 cents per signature submitted and payable by campaign check or cash. A candidate who is unable to pay the signature verification fee without imposing an undue burden on his/her personal or campaign financial resources may file an Oath of Undue Burden with the Supervisor of Elections to have his/her signatures verified at no charge. The Supervisor of Elections will certify signatures no later than January 5, The Lee County Supervisor of Elections shall issue a Notice of Certification to the candidate as proof that the candidate has obtained the required number of signatures. Florida Resign-To-Run Law. 10 Days Prior To The 1 ST Day of Qualifying. No person or elected officer may qualify as a candidate for more than one public office, whether federal, state, district, county or municipal if the terms or any part thereof run concurrently with each other. Elected officers must resign from the office he/she presently holds. The resignation is irrevocable. The WRITTEN resignation must be submitted at least (10) ten days prior to the (1 st ) first day of qualifying and must be effective no later than the earlier of the following dates: the date the officer would take office, if elected or the date the officer s successor is required to take office. File the original written statement with the qualifying officer with whom the official originally qualified. File a copy with the Governor s Office in Tallahassee. The deadline to submit the resignation is 5:00 p.m., Friday, January 2, Qualifying Begins at Noon, Monday Candidates shall qualify for office with the Lee County Supervisor of Elections, MAIN OFFICE, (Downtown Fort Myers) only. Financial Disclosure Form 1 Statement of Financial Interest for 2014 and Form DS-DE 25 Candidate Oath Non Partisan Office (required candidate-at qualifying) During the qualifying-period a candidate must file Form 1, Statement of Financial Interests for 2014, together with, and at the same time, he or she files Form DS-DE 25 Candidate Oath Non Partisan Office. Notice of Canvassing Board Meeting and Logic and Accuracy Testing Schedule At the time of qualifying, each candidate shall receive written notice of the time and location of the public pre-election test of the automatic tabulating equipment and the county canvassing boardmeeting schedule. The Supervisor of Elections will obtain a signed receipt from the candidate confirming receipt of the notice; if the schedule is not available at the time the candidate qualifies for office, the Supervisor of Elections shall mail the schedule to the candidate, by certified mail, when said schedule becomes available. Qualifying Ends at Noon, Friday The Supervisor of Elections must have on file, prior to the beginning of the qualifying period, the official certification of valid candidate petition signatures for each candidate who successfully completed the candidate petition process. Deadline To Submit Signatures FS SIGNATURES PRIOR TO NOON Monday Signature Verification Fee 10 cents per signature FS Due On Or Before Friday USPS Postmark Not Acceptable Noon through Noon FS , and Florida Constitution Article II 8 FS and FS Qualifying Ends NOON Page 7

9 Candidate Qualifying Reference Table Authority Payment of filing fee and election assessment. At the time of qualifying, each candidate shall pay the Supervisor of Elections, a qualifying fee equal to four percent (4%) of the annual salary ($6,000.00), for the office sought. The qualifying fee shall consist of a filing fee and an election assessment. The amount of the filing fee is (3% or $180.00), and the election assessment is (1% or $60.00). (Village Charter Section 9 Nominations and Elections)(Florida Statutes ) For candidates who successfully completed the candidate petition process, the filing fee is waived; however, the candidate must still pay the election assessment unless the election assessment is also waived. Payment of Qualifying Fee. The check for the qualifying fee, filing fee or election assessment must be a properly executed check, drawn on the candidate s campaign checking account and made payable to LEE COUNTY ELECTIONS. If required to pay total cost of qualifying fee (includes filing fee and election assessment) ($240.00) If successful petition candidate, filing fee is waived and candidate is responsible for the Election Assessment ($60.00) If only the Election Assessment is waived, candidate is responsible for the Filing Fee ($180.00) The only way to waive the filing fee is by successfully completing the candidate petition process. Voter registration books close. Last day to register to vote for the Village election is Monday, February 2, Ballot-by-Mail Request Deadline. The last day to request a ballot-by-mail for the Village election is Wednesday, February 25, Early Voting Begins Early Voting begins for the Village of Estero: Location: Lee County Elections, Bonita Springs Branch Office at Bonita Commons, S Tamiami Trail #105, Bonita Springs 34134, Telephone Number : Last day to accept a campaign contribution. The last day to accept a campaign contribution for the Village election is Midnight, Thursday, February 26, Early Voting Ends Early Voting for the Village of Estero ends. Election Day. Polling places are open from 7:00 a.m. to 7:00 p.m. Elected council member takes office. The term of a member of the council shall begin at the first council meeting following the Village election. (2 nd ) second Tuesday following the election. FS , and (6) Prior To Noon FS Monday FS Wednesday February 25, 2015 Wednesday February 25, am to 6pm FS and Thursday, Midnight February 26, 2015 Saturday February 28, am-6pm FS Election Day Polls Open 7 am to 7 pm Village Charter Section 12 Referendum Election; Transition Tuesday Page 8

10 Regular Election, March 3, 2015 Village of Estero Canvassing Board Meetings and Logic and Accuracy Testing Schedule I, Sharon L. Harrington, Supervisor of Elections for Lee County, Florida do hereby give official notice of the Canvassing Board Meetings and Logic and Accuracy Testing Schedule as follows: EARLY VOTING DATES Wednesday, through Saturday, EARLY VOTING LOCATION EARLY VOTING TIMES 10:00 AM to 6:00 PM Lee County Elections Bonita Springs Branch Office South Tamiami Trail, #105, Bonita Springs DATE TIME EVENT LOCATION PURPOSE Thursday Thursday Tuesday Election Day Friday 9:00 AM Logic And Accuracy Testing Immediately Following 6:00 PM 9:00 AM Test Absentee Ballot Tabulators Initial Canvass Of The Absentee Ballots Received To Date Canvass Of Additional Absentee Ballots Received Receive Unofficial Election Night Results Canvass Of Provisional Ballots Official Certification Of The Election Post-Election Manual Audit Lee County Election Center S Cleveland Ave Fort Myers Lee County Elections Office Constitutional Complex 2480 Thompson Street 3 rd Floor Fort Myers Lee County Elections Office Constitutional Complex 2480 Thompson Street 3 rd Floor Fort Myers Lee County Elections Office Constitutional Complex 2480 Thompson Street 3 rd Floor Fort Myers Test, By A Random Method Of Selection, The Voting Machines To Be Used In The Election During Early Voting And At The Precincts On Election Day. Test The Absentee Ballot Tabulating Equipment To Be Used In The Election. Canvass The Absentee Ballots Received To Date For The Election. Canvass Of Additional Absentee Ballots Received For The Election And Receive Unofficial Election Night Results. Canvass Of Election Day Provisional Ballots Received From Precincts (If Any). Official Certification Of The Election. Post-Election Manual Audit. The Results Will Be Announced Immediately Following The Completion Of The Post- Election Manual Audit. Page 9

11 Solicitation at Early Voting Sites Early voting for the March 3, 2015 Village Election is from Wednesday, February 25, 2015 through Saturday, February 28, 2015 from 10:00 a.m. to 6:00 p.m. each day. The Lee County Supervisor of Elections may take steps necessary to ensure order at early voting sites, including, but not limited to, having disruptive and unruly persons removed, by law enforcement officers, from the premises. (Florida Statutes ) Early Voting Location Lee County Elections Office Bonita Springs Branch at Bonita Commons South Tamiami Trail, Bonita Springs FL or 239-LEE-VOTE ( ) Solicitation Permitted at the Early Voting Site A 100-foot solicitation boundary will be marked at the early voting site. The 100-foot solicitation boundary begins at the entrance to the early voting site. "Solicitation" shall take place "BEYOND" the marked 100-foot area. Temporary Campaign Signs Permitted at the Early Voting Site (Restrictions Apply) The 100-Foot solicitation restriction applies. Lee County Elections Office Bonita Springs Branch at Bonita Commons South Tamiami Trail, Bonita Springs FL Please be considerate and remove your temporary campaign signs after the early voting period has ended. Unclaimed signs are subject to removal and disposal. The Elections Office or property owner will not provide advance notice prior to removing and discarding signs. Beware of Placing Temporary Campaign Signs on County or City Property in the Immediate Vicinity of the Early Voting Site Lee County Government and municipalities prohibit any campaign signs on county or city-owned property; therefore, if there is a county or city facility in the immediate proximity of the early voting site, beware of placing temporary campaign signs on the property. Signs may be subject to removal and disposal without notification. A private property owner may prohibit campaign signs or signs of any kind on the property. Signs may be subject to removal and disposal without notification. Beyond 100-feet on premises may still be county or city owned property or property owned by a private entity. If directed by Lee County Government, a municipality or private property owner, the Supervisor of Elections may take measures to remove temporary campaign signs placed on county or city owned property or property owned by a private entity. Signs may be subject to removal and disposal without notification. Page 10

12 CALENDAR OF CAMPAIGN TREASURER S REPORTING DATES Florida Statutes REPORT DUE DATE December 10, 2014 January 12, 2015 February 6, 2015 February 20, 2015 ELECTION CYCLE REPORTING DATES FOR MARCH 3, 2015 REGULAR ELECTION TIME Prior to Midnight 11:59pm Prior to Midnight 11:59pm Prior to Midnight 11:59pm Prior to Midnight 11:59pm REPORT TYPE REPORTING PERIOD COVERED SPECIAL INSTRUCTIONS M through Monthly Report M through Monthly Report V through V through CONTRIBUTION DEADLINE LAST DAY TO ACCEPT A CAMPAIGN CONTRIBUTION FOR THE MARCH 3, 2015 REGULAR ELECTION IS: MIDNIGHT, THURSDAY, FEBRUARY 26, 2015 REPORT DUE DATE TIME REPORT TYPE REPORTING PERIOD COVERED 25 th Day Prior to Election 11 th Day Prior to Election SPECIAL INSTRUCTIONS February 27, 2015 Prior to Midnight 11:59pm V through th Day Prior to Election THE V3 REPORT IS DUE IMMEDIATELY THE NEXT DAY FOLLOWING THE February 26, 2015 CONTRIBUTION DEADLINE TERMINATION REPORT DUE DATES REPORT DUE DATE April 16, 2015 June 1, 2015 TIME Prior to Midnight 11:59pm Prior to Midnight 11:59pm REPORT TYPE REPORTING PERIOD COVERED TRV through TRV through SPECIAL INSTRUCTIONS 90-day Termination Report Unopposed After Qualifying Ends day Termination Report Elected or Defeated After Election An automatic fine shall be assessed on any late campaign treasurer s report! The Supervisor of Elections does not have the authority to waive an automatic fine. Page 11

13 Important Information about Filing Campaign Treasurer s Reports CANDIDATES MUST ALSO REFER TO THE 2014 CANDIDATE AND CAMPAIGN TREASURER HANDBOOK AND FLORIDA STATUTES CHAPTER 106 FOR ADDITIONAL CAMPAIGN FINANCE GUIDELINES Florida Statutes and FS Filing Campaign Treasurer s Reports. Candidates shall file all campaign treasurers reports with the Supervisor of Elections. A Village candidate and his/her campaign treasurer and deputy treasurer (if one is appointed) will be provided a User Identification Number, Password and access to the electronic filing system for the filing of required campaign treasurer s reports. Reports shall disclose campaign finance activity in accordance with Florida Statutes and Campaign treasurer s reports, filed via the electronic filing system must be filed before Midnight (11:59 p.m.) Eastern Standard Time, of the report s designated due date. Campaign treasurer s reports for a municipality holding only a regular election initially, are filed monthly, then on the 25 th, 11 th and 4 th days preceding the regular election. Waiver of Campaign Treasurer s Report. During a reporting period, with no campaign finance activity, i.e., (no contributions received and funds expended or received) the filing of the report may be waived by notifying the Supervisor of Elections that no activity has occurred. The notification shall be made by filing a Waiver of Campaign Treasurer s Report Form, via the electronic filing system, on or before the report s designated due date. Penalties for Filing a Late Report. A late report is subject to a fine of $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. For a report that is due immediately preceding the municipal regular election, the fine shall be $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. The Supervisor of Elections has no statutory authority to waive a fine. Only the Florida Elections Commission may waive a fine based on a timely appeal filed by the candidate. The Commission shall meet and hold a hearing to determine if a fine shall be waived. Deadline to Accept Campaign Contributions Florida Statutes The deadline for candidates with opposition in the 03/03/15 Village election to accept campaign contributions is THURSDAY, 02/26/15 no later than Midnight. Contributions received after Midnight must be returned to the contributor. Be aware that the V3 report is due immediately following the contribution deadline. Form DS-DE 2 Contributions Returned. Form DSDE-2 Contributions Returned is required for disclosing contributions that are not deposited in the campaign account and are returned to the contributor. Form DSDE-2 is not filed electronically. The Lee County EFS reflects contributions deposited in the campaign account. Form DS-DE 2 will be provided to the candidate and campaign treasurer, by the Supervisor of Elections. Form DSDE-2 can be filed after the report has been filed. In order to file Form DS-DE 2, return the completed form as a scanned attachment in an , mail the completed form to Supervisor of Elections, P.O. Box 2545, Fort Myers, FL , or hand deliver the form to the Main Office of the Supervisor of Elections. Page 12

14 Internet Online Payment Service Providers (Such as Pay Pal). If you have contracted with an Internet online payment service provider through which you electronically receive campaign contributions, contributions are to be reported as being received on the day the campaign actually comes into possession of the contribution from the online payment service provider. You may wish to contact the service provider and establish a cut-off time prior to the contribution deadline. Please refer to Florida Division of Elections formal opinions DE and DE regarding contributions via Internet service providers. Both formal opinions can be accessed at Contributions by Personal Hand-Delivery, Received by Mail, or Acceptance by an Agent of the Campaign. For the purposes of the contribution deadline; accept means when the campaign actually comes into possession of the contribution. For a contribution received by mail, the date of acceptance is the date the contribution is received "in-hand" not the date the contribution is "post-marked". For a contribution by check, do not use the date the contributor dates the check unless the date on the check is the actual date the contribution is received in-hand. Depositing Contributions. Please note that the V3 report is due the day immediately following the contribution deadline. The campaign will still have (5) business days to deposit campaign contribution(s). For example, the campaign may not have deposited the contributions by the time the report is due, but the contributions still need to be disclosed on the V3 report. Expenditures. You may continue to make expenditures through Election Day. Be sure that funds, for example, to pay for a victory party or election night reception are obligated prior to Election Day. You may authorize an expense for goods or services not yet paid, provided that upon final delivery and acceptance of the goods or services, there are sufficient funds in the campaign account to cover the expense. Termination Report and Late Filing Penalties. Each candidate shall, within 90 days after having withdrawn, become unopposed, been eliminated or elected to office, dispose of all funds in the campaign account and file a termination report with the Supervisor of Elections. Any candidate failing to file a termination report on the designated due date shall be subject to a fine of $50 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. The termination report will be assigned in the EFS. Political Advertisement Disclaimer A Village candidate shall use either version of the following political disclaimer on all paid political advertisements and shall include the word for between the candidate s name and the office sought so that the candidate does not imply incumbency. Political disclaimer for a non-incumbent running for a nonpartisan office. Version 1 Version 2 Political advertisement paid for and approved by Paid by (name of candidate) for (office sought) (name of candidate) for (office sought) Candidate must also refer to additional advertising guidelines included in the 2014 Candidate and Campaign Treasurer Handbook provided by the Supervisor of Elections. The handbook is also available at Florida Division of Elections website Page 13

15 Temporary Political Campaign Signs Call Code Enforcement The Lee County Supervisor of Elections has no jurisdictional authority in the governance or enforcement of temporary political campaign-sign placement regulations at any level of federal, state, county, or municipal government. Generally, a candidate for local office can erect campaign signs after the close of the candidate-qualifying period. Candidates are responsible for contacting the appropriate code enforcement office to determine when and where temporary political campaign signs can be erected. A candidate for county-wide office in Lee County, who intends to erect temporary political campaign signs, will need to contact each code enforcement office listed in this notice in order to obtain information about temporary campaign-sign placement regulations. Florida Statute provides that each candidate, whether for a federal, state, county, or district office, shall make a good faith effort to remove all of his or her political campaign advertisements within 30 days after: withdrawal of his or her candidacy; having been eliminated as a candidate; or being elected to office. A candidate is not expected to remove those political campaign advertisements which are in the form of signs used by an outdoor advertising business, for example (standard/slat billboards, electronic billboards/signs) as provided in Florida Statutes Chapter 479. The provisions do not apply to political campaign advertisements placed on motor vehicles or to campaign messages designed to be worn by persons. A political subdivision or governmental entity has the authority to remove campaign advertisements that are not removed within the specified period, and may charge the candidate the actual cost for removal. No political campaign advertisements may be erected, posted, painted, tacked, nailed, or otherwise displayed, placed, or located on or above any state or county road right-of-way. Lee County and each of its municipalities have varying ordinances and regulations that govern temporary political campaign signs. A political subdivision or governmental entity may impose additional or more stringent requirements on the usage and removal of temporary political campaign signs. LEE COUNTY CODE ENFORCEMENT (UNINCORPORATED) 1500 MONROE ST FORT MYERS 7:30 A.M. TO 4:30 P.M codeenforcement@leegov.com CITY OF BONITA SPRINGS CODE ENFORCEMENT OLD US 41 RD BONITA SPRINGS 8:00 A.M. TO 5:00 P.M TOWN OF FORT MYERS BEACH CODE ENFORCEMENT 2523 ESTERO BLVD FORT MYERS BEACH 8:30 A.M. TO 4:30 P.M (Extension 108) The code enforcement offices listed above reflect a potential temporary campaign signage demographic in and around the geographical location of the Village of Estero. Important Notice about Digging for Campaign Signage! Call 811 Florida Law requires that you call 811 before you dig this includes digging for campaign sign placement. Striking a buried utility line such as cable, communication, electric, gas, irrigation, etc., could cause a service outage, personal injury or property damage. Failure to comply with Florida Law could result in a significant fines of $500 up to $50,000 plus repair costs. Please be aware that a fine incurred, as a result of failure to comply, must be paid from the personal funds of the individual fined, and is not considered a campaign expense. Visit the official website of Sunshine State One Call Florida at for more information and guidance. Page 14

16 Frequently Asked Questions 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. (Section , F.S.) What if I want to change my campaign treasurer or other officers? File a reappointment of campaign treasurer (Form DS-DE 9) with the filing officer along with a copy of the letter of resignation or removal. (Section , F.S.) When can I start collecting signatures to qualify as a petition candidate? Before collecting any signatures, all candidates (except federal and special district candidates) must file the Appointment of Campaign Treasurer and Designation of Campaign Depository (Form DS-DE 9) 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 Supervisor of Elections of the county in which such petition was circulated. (Section F.S.) May a candidate appoint himself or herself as campaign treasurer? Yes. (Section (1)(c), F.S.) Must a campaign treasurer be a registered voter in Florida? No. (Section (1)(c), F.S.) How many deputy treasurers may a candidate have? A Village candidates may appoint up to 3 deputy treasurers. (Section (1)(a), F.S.) Can a deputy treasurer file and submit campaign reports? Yes. A deputy treasurer may perform all of the duties of a campaign treasurer when specifically authorized to do so by the campaign treasurer. (Section (4), F.S.) Who is responsible for keeping tabs on aggregate totals of campaign contributions? The campaign treasurer is responsible for receiving and reporting all contributions. (Section , F.S.) May a candidate accept a contribution from a trust fund? Yes. Chapter 106, F.S., 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. (Section (14), F.S.) Page 15

17 Do I have to itemize small contributions of $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 (4)(a), F.S.) Are in-kind contributions subject to the same limitations as monetary contributions? Yes. In Chapter 106, F.S., 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. (Section (5) and , F.S.) How is the 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. (Section , F.S.) Can a corporation give to a candidate, political committee or political party? Yes. A corporation is under the definition of a "person" in Chapter 106, F.S. (Section (14), F.S.) Can 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. However, you may note the following: A raffle, lottery or game of chance event is the act of paying for a chance to win a prize and is a prohibited act. A candidate or political committee may not hold ANY type of raffle at a fundraiser. Below are common scenarios in which some guidance can be provided for candidates and political committees. (See sections and , Florida Statutes). Prohibited: A candidate or political committee may not give away a prize at a fundraiser, where the persons attending have purchased tickets or paid to attend the fundraiser this is a lottery/raffle situation because: Purchase a ticket or pay the attendance fee and you will be eligible for or receive a prize. Prohibited classic-lottery raffle scenario: a 50/50 raffle or designating a portion of a ticket purchase or entry fee as part of a cash prize awarded in a drawing. Games of chance where prizes are awarded: for example, making a contribution (paying for the opportunity) to toss dice until a pre-determined number is attained. Permissible Fundraiser without a purchase requirement: In this scenario, individuals merely attend the fundraiser. Prize(s) are available to ANYONE in attendance at the fundraiser and the person does not have to pay to attend the fundraiser or contribute to the campaign in order to be eligible for a prize. The act of contributing to a campaign, purchasing a ticket, or paying to attend may not be used to determine an individual s eligibility for a prize. For example, ANYONE present (invited or not) can signup or obtain a ticket to be eligible for a prize, regardless of whether the person contributes to the candidate or political committee s campaign. Page 16

18 Games of skill, not games of chance: The act of paying an entry fee to participate in a game of skill such as a golf-putting contest is not a prohibited lottery. Report the entry fee as a contribution to the campaign. The candidate or political committee must disclose all prizes provided in-kind for the fundraiser. Report all prizes contributed in-kind, by a person (individual or entity), as defined in Section (14) Florida Statutes. Report items as in-kind contributions and describe as "fundraiser gift donations" on the campaign treasurer's report. The contribution limits in Section Florida Statues apply. Notes: Page 17