CANDIDATE HANDBOOK CITY OF ST. PETERSBURG. Information Provided by Division of Elections FLORIDA DEPARTMENT OF STATE

Transcription

1 2011 CANDIDATE HANDBOOK CITY OF ST. PETERSBURG Information Provided by Division of Elections FLORIDA DEPARTMENT OF STATE

2 Table of Contents 1. GENERAL INFORMATION THE CAMPAIGN FINANCE ACT AS IT APPLIES TO CANDIDATES Definition of a Candidate Announce Candidacy Run for a Different Office Candidate Qualification Requirements Write-in Candidates Prohibited Acts for All Candidates APPOINTMENT OF CAMPAIGN TREASURER/DESIGNATION OF CAMPAIGN DEPOSITORY What and When to File Where to File Who May Be a Campaign Treasurer or Deputy Campaign Treasurer Duties of a Campaign Treasurer Suggestions for Treasurers Resignation or Removal of a Campaign Treasurer.... IO 3.7 Campaign Depository Campaign Checks REPORTS Where and When to File Penalty for Late Filing Waiver ofreports Incomplete Reports Reporting Contributions Common Errors in Reporting Contributions Reh1ming Contributions Reporting Expenditures Common Errors in Reporting Expenditures ReviewingYourReport Deadline for Filing Campaign Treasurers Reports TOC-1

3 5. CONTRIBUTIONS Definition of a Contribution Unauthorized Contributions Anonymous Contributions In-Kind Contributions Loans Cash Contributions Contribution Limits for Candidates From Whom May a Candidate Accept Contributions Deadlines for Accepting Contributions Debit and Credit Card Contributions Fund Raisers EXPENDITURES Definition of an Expenditure General Requirements Living Expenses Definition of Communications Media Independent Expenditures Debit Cards Petty Cash Funds Electioneering Communications DISPOSITION OF FUNDS Prior to Disposing of Surplus Funds Disposing of Surplus Funds Reporting Disposition/Termination Report Campaign Loans Report Establishing an Office Account Using the Office Account Reporting Office Account Funds CALENDAR OF REPORTING DATES POLITICAL ADVERTISING Definition of Political Advertisement Advance Approval of Political Advertisement TOC-2

4 10. CAMPAIGN SOLICITATION Telephone Solicitation; Disclosure Requirements Telephone Solicitation, Registered Agent Requirements COMPLAINT PROCESS Complaint Process Automatic Fine Appeal Process POLITICAL SIGNS Exempt Political Signs Non-Exempt Political Signs General Information POLL WATCHER INFORMATION POLITICAL ACTIVITY AT POLLING LOCATIONS FORMS AND OTHER INFORMATION TOC-3

5 1. GENERAL INFORMATION The material contained in this informational handbook is intended as a quick reference guide only. Chapters , Florida Statutes, Division of Elections' opinions and rules, Attorney General opinions, the City Charter and other sources should be reviewed for complete information regarding campaign financing and qualifying. All forms and publications are available on the Division of Elections' website at and at If you are running for office, it is your responsibility to become acquainted with relevant Florida election laws that might have a bearing on your campaign or qualifications to run for office. Offices Up For Election and Terms CITY OF ST. PETERSBURG OFFICES UP FOR ELECTION IN 2011 COUNCIL DISTRICTS 1, 3, 5 AND 7 Terms of Office: 4 Years, beginning January 2, 2012 Election Dates and Qualifying Period ELECTION DATES: Primary Election General Election August 30, 2011 November 8, 2011 QUALIFYING PERIOD: 8:00 a.m., June 14, 2011 to 5:00 p.m., June 27, 2011 Candidate qualifying packets are available, effective January 1, 2011, from the City Clerk's office, 175 Fifth Street North, 727/ (Qualifying papers may be accepted no earlier than 14 days prior to the start of the qualifying period, May 31.) Qualifications: Must be a qualified elector (registered voter) of the City of St. Petersburg. Candidates for Councilmember must have been a resident of the declared district for at least the past 12 months, as of the date of the primary election. Candidates for Mayor must have been a resident of the City for at least the past 12 months, as of the date of the primary election. Candidates cannot have become and cannot be a candidate, a nominee, or representative of any political party or any committee or convention representing or acting for any political party. (PLEASE SEE PAGE 3 FOR ADDITIONAL INFORMATION) 2

6 Forms and Fees Required to Qualify to Run for Office (Section (7) (a), (1), F. S. and St. Petersburg City Charter Section 5.04) 1) Form DS-DE 9, "Appointment of Campaign Treasurer and Designation of Campaign Deposit01y" - Candidates must file this form before opening a campaign account. 2) Fonn DS-DE 84, "Statement of Candidate" - Candidates must file this form within ten (10) days after filing Form DS-DE 9. 3) Form DS-DE 25, "Loyalty Oath." 4) Form 1 "Statement of Financial Interests" and a Statement that Form 6 "Full and Public Disclosure of Financial Interests" has been filed with the Commission on Ethics must be filed with the City Clerk. 5) Incumbents must file a. QQY of their Form 1 "Statement of Financial Interests" and a Statement that Form 6 "Full and Public Disclosure of Financial Interests" has been filed with the Commission on Ethics with the City Clerk. 6) City of St. Petersburg Nomination Application and Affidavit for Councilmember Form. Qualifying Fee (paid with campaign check) or Nominating Petitions: A qualifying fee of $150 or petitions with the signatures of not less than five hundred (500) qualified electors of the district in which the candidate resides. Section (1) (a), F.S., requires any person seeking to qualify for election or nomination to any office by means of the petition process to appoint a treasurer and designate a primary depository prior to obtaining petitions. Section (1), F. S., provides that your qualifying fee will be returned only if you withdraw your candidacy before qualifying ends on June 27, Section (3), F. S., requires petitions be submitted prior to NOON on May 17, 2011, the 28 1 h day preceding the start of qualifying Election Assessment Fee or Affidavit of Undue Burden: This fee, imposed by the Florida Legislature and remitted to the State, is 1 % of the annual salary of the office for which the candidate is qualifying. The Election Assessment Fee for the office of Council Member is $ (based on the current annual salary of $38,914.00).Please make your campaign check payable to the City of St. Petersburg. If a candidate is unable to pay the Election Assessment Fee, he/she may file an Affidavit of Undue Burden. Prior to disposing of surplus campaign funds, if you filed an Affidavit of Undue Burden, you are required to pay the Assessment Fee per Section (6), F. S. Other Information Exempt Political Sign Petmit Application MUST be filed with the City Clerk if you plan to erect any political signs during your campaign and must be filed before any signs are erected. 3

7 2. THE CAMPAIGN FINANCE ACT AS IT APPLIES TO CANDIDATES 2.1 Definition of a Candidate A candidate, as defined in Section (16), F.S., is any person who: (a) (b) (c) Seeks to qualify for nomination or election by means of the petitioning process. Seeks to qualify for election as a write-in candidate. Receives contributions or makes expenditures, or gives his consent for any other person to receive contributions or make expenditures, with a view to bring about his or her nomination or election to, or retention in, public office. ( d) Appoints a campaign treasurer and designates a primary depository. ( e) Files qualification papers and subscribes to a candidate's oath as required by law. 2.2 When may I announce my candidacy? You may discuss your candidacy at any time, however, you are considered an "announced" candidate when your qualifying officer receives your Appointment of Campaign Treasurer and Designation of Campaign Depositmy (Form DS-DE 9). You need to file this form before you open a campaign account and accept any campaign contributions or make any campaign expenditures. Section , F. S., requires that each candidate must file a Statement of Candidate (Form DS DE 84) with the qualifying officer within ten days after filing the Appointment of Campaign Treasurer and Designation of Campaign Depository Form, stating that you have received, read and understand the requirements of Chapter 106, Florida Statutes. This form may be filed with the Appointment of Campaign Treasurer and Designation of Campaign Depository. Please note that you can appoint yourself as Treasurer or Deputy Treasurer. 2.3 How do I run for a different office if I change my mind after becoming a candidate? A candidate can change the designation of office by filing a new Form DS-DE 9 and a written statement indicating the change with the City Cleric However, the candidate must notify each contributor in writing and offer to return their contribution using the following procedure per Section (1), F.S.: 1. File a new Appointment of Campaign Treasurer and Designation of Campaign Depository (DS-DE 9), designating the new office. 2. Within 15 days after filing the change of designation with the City Clerk, notify all contributors writing of this change and offer to return contributions on a pro rata basis. 4

8 3. The candidate must include with the notice a copy of Form DS-DE 86, Request for Return of Contribution. 4. If the contributor returns Form DS-DE-86 within 30 days ofreceiving the notice, the candidate must return a pro rata share of all contributions given in support of the original office. 5. If the contributor does not return Form DS-DE 86 within 30 days of receiving the notice, the candidate may use the contribution for the newly designated office... The following formula is used to determine the pro rate share: The amount of contributions contributed to the campaign that remains in the campaign account on the date the candidate filed the change of designation MINUS The amount already obligated for goods or services DNIDEDBY The total amount of contributions contributed to the campaign MULTIPLIED BY The amount of the contribution contributed by the individual contributor Pro Rata Refund Example The candidate received a total of$5,000 from all contributions. 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 rate refunds. One contributor gave a $500 original contribution and wishes to have it refunded. 2.4 Candidate Qualification Requirements $2,500 - $500 = $2,000 + $5,000 = 40% x $500 = $200 Must be a registered voter of the City of St. Petersburg. Councilmember candidates must have been a resident of the declared district for at least the past 12 months as of the date of the Primary, August 30, Candidates cannot have become and cannot be a candidate, a nominee, or representative of any political party or any committee or convention representing or acting for any political party. 2.5 Write-in Candidates Write-in candidates: To qualify for a write-in candidate for nomination in the primary election, the candidate shall file with the City Clerk an application to be a write-in candidate. The application shall declare the district of the candidate. All applications shall be accompanied by an affidavit that the candidate is a qualified elector of the City of St. Petersburg, Florida, and that, as of the date of the primary election, a candidate for Council Member shall have been a resident of the declared district for at least the past twelve months. The affidavit will also state that the applicant has not become and is not a candidate, a nominee, or representative of any political party or any committee 5

9 or convention representing or acting for any political party. The write-in candidate's name shall not be printed on the ballot. Only write-in votes cast for a candidate who has qualified as a write-in candidate per this subsection shall be counted and canvassed as valid. 2.6 Prohibited Acts for All Candidates (Sections , , , and ,F.S.) Using services of State, County, Municipal, or District Officers or Employees (Section (3), F.S.) - A candidate may not, in the furtherance of his or her candidacy for nomination or election to public office in any election, use the services of any state, county, municipal, or district officer or employee of the state, country, or municipality during working hours. Speaking at Political Meetings (Section (1 ),F.S.) - A candidate may not pay money or give anything of value for the privilege of speaking at a political meeting in the furtherance of his candidacy, nor may anyone speaking for such a person pay money or give anything of value for such privilege. Giving Contributions in Name of Another (Section (5)(a) F.S.) - A person may not make any contribution through or in the name of another, directly or indirectly, in any election. Solicitation from Religious/Charitable/Civic Organizations (Section (5}(b )( c), F.S.) Candidates may not: 1. Solicit contributions from any religious, charitable, civic, or other causes or organizations established primarily for the public good. 2. Make contributions, in exchange for political support, to any religious, charitable, civic, or other cause or organizations established primary for the public good. Accepting Contributions in a Government-Owned Building (Section (4)F.S.) - A candidate may not make, solicit or accept any political contribution in a building owned by a governmental entity. "Accept" means to receive a contribution by personal hand delivery from a contributor or the contributor's agent. This prohibition does not apply when a government-owned building or any portion thereof is rented for the specific purpose of holding a campaign fund raiser. Making Malicious Statements (Section , F.S.) - A candidate may not willfully make a false and malicious statement about an opposing candidate. Certifying a False Report (Sections (5) and , F.S.) - Any candidate, campaign treasurer, deputy treasurer or political committee chair 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, punishable as provided ins ors It is not a violation: 1. To make gifts of money in lieu of flowers in memory of a deceased person. 6

10 2. To continue membership in, or make regular donations from personal or business funds to, religious, political party, civic, or charitable groups of which the candidate is a member orto which the candidate has been a regular donor for more than six months. 3. To purchase, with campaign funds, tickets, admission to events, or advertisements from religious, civic, political party, or charitable groups. 7

11 3. APPOINTMENT OF CAMPAIGN TREASURER/ DESIGNATION OF CAMPAIGN DEPOSITORY 3.1 What and When to File (Section and , F.S.) Each candidate shall appoint a campaign treasurer by filing Form DS-DE 9, Appointment of Campaign Treasurer and Designation of Campaign Depository with the City Clerk before whom the candidate qualifies. The name and address of the campaign treasurer must be included on the form. A candidate may appoint a campaign treasurer and designate a campaign depository at any time, but no later than the date the candidate qualifies for office. A candidate who seeks to qualify by the petition process shall appoint a treasurer prior to obtaining signatures on petitions. Nothing prohibits a person from announcing his or her intention to become a candidate prior to filing Form DS-DE 9, as long as no contributions are received and no expenditures are made. 1. A candidate must have one campaign treasurer and may appoint no more than three deputy campaign treasurers. 2. A candidate may appoint herself or himself as campaign treasurer or deputy campaign treasurer. 3. Deputy campaign treasurers are appointed in the same manner as the campaign treasurer by filing Form DS-DE 9 with the City Clerk. Form DS-DE 9 (Section , F.S.) 1. Shall be filed with the City Clerk prior to opening the campaign account. Note: The campaign depository should not be opened until after the BS-DE 9 is on file with the City Clerk. 2. Is not effective until the campaign treasurer signs it and it is filed with the City Clerk. 3. Is not considered "filed" upon mailing, it must be on file with the City Clerk. 4. Shall be on file with the filing officer prior to the candidate accepting any contributions or making any expenditure, or authorizing another to accept contributions or make expenditures on their behalf. 5. Shall be on file with the City Clerk prior to obtaining signatures on a DS-DE 104, Candidate Petition. Form DS-DE 84, Statement of Candidate must be filed with the City Clerk within 10 days after filing Form DS-DE 9. This form states that the candidate has received, read, and understands the requirements of Chapter 106, F. S. The execution and filing of the statement of candidate does not in and ofitself create a presumption that any violation of Chapter 106, F.S. or Chapter 104, F. S. is a willful violation as defined in Section , F.S. 8

12 3.2 Where to File (Section (14), F.S.) The filing officer is the person before whom a candidate qualifies. For municipal elections that person is City Clerk Eva Andujar, 175 Fifth Street North, 1st Floor. 3.3 Who May Be a Campaign Treasurer or Deputy Campaign Treasurer (Section (1), F.S.) Any resident may be a campaign treasurer or deputy treasurer and must accept the position by signing the appointment form. Each candidate must have one campaign treasurer and may appoint himself as campaign treasurer or deputy treasurer. A municipal candidate may appoint no more than three deputy treasurers. Deputy treasurers are appointed in the same manner as the original appointment of campaign treasurer on the APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY (FORM DS-DE 9). 3.4 Duties of a Campaign Treasurer (Sections (3), , and , F.S.) No contribution or expenditure, including contribution or expenditures of a candidate or of the candidate's family, shall be directly or indirectly made orreceived in furtherance of the candidacy of any person for nomination or election to political office in the state except through the duly appointed campaign treasurer of the candidate, subject to the following exceptions: 1. Independent expenditures; 2. Reimbursements to a candidate or any other individual for expenses incurred in connection with the campaign by a check drawn upon the campaign account and reported per Section (4), F.S. The full name and address of each person to whom the candidate or other individual made payment for which reimbursement was made by check drawn upon the campaign account shall be reported together with the purpose of such payment; 3. Expenditures made indirectly through a treasurer for goods or services, such as communications media placement or procurement services, campaign signs, insurance, or other expenditures that include multiple integral components as pmi of the expenditures an reporied per Section (4)(a)l3. The campaign treasurer: 1. Shall keep detailed accounts of all contributions received and all expenditures made by or on behalf of the candidate. Such accounts must be kept current within not more than two days after the date a contribution is received or expenditure is made. 2. Shall deposit all contributions by the end of the 5th business day into the campaign account/ depository. All deposits shall be accompanied by a bank deposit slip containing the name of each contributor and the amount of each contribution. 3. Shall preserve all accounts for a number of years equal to the term of office to which the candidate seeks election. 9

13 4. Shall file regular reports of all contributions received and expenditures made by or on behalf of such candidate, signed by the candidate and treasurer. Each campaign treasurer is responsible for filing regular reports of all contributions and expenditures on or before the due date(s) to avoid a fine forlate filing. (See 2011 CALENDAR OF REPORTING DATES, PAGE 32). The campaign treasurer may be filed $1,000 or more or be subjected to criminal penalties for failing to file a campaign report or filing an incomplete or inaccurate report. Deputy Treasurers may exercise any of the powers and duties of a campaign treasurer when specifically authorized to do so by the campaign treasurer and the candidate. IMPORTANT: Any candidate, campaign manager, campaign treasurer or deputy campaign treasurer of any candidate or agent or any person acting on behalf of any candidate who knowingly and willfully accepts a contribution in excess of the limits per F.S , fails to report any contribution required to be reported by this Chapter; falsely reports or deliberately fails to include any information required by this Chapter or makes or authorizes any expenditure in violation off.s ( 4) or any other expenditure prohibited by this chapter is guilty of a misdemeanor of the first degree, punishable as provided ins ors Suggestions for Treasurers Keep a schedule of the due dates for Campaign Treasurer's Reports; know what period each report covers and include it on the report. Keep a copy of each report for your own records. Log each contribution when received: date, name and address, occupation for contributions of more than $100, and the amount of the contribution. Keep contributions separate by category: monetary (cash and checks), in-kind, or loan. Log each expenditure as it occurs: date, name and address, purpose, and amount. Keep a separate ledger of all petty cash transactions. Individual expenditures of petty cash are not reported on the campaign treasurer's report, only the total amount expended during the reporting period. Monitor cash flow. Know how much money is available to avoid authorizing expenditures when funds are not available. 3.6 Resignation or Removal of a Campaign Treasurer (Section (2), F.S.) Important: 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 City Clerk A candidate may remove his campaign treasurer or deputy treasurer by giving written notice to the campaign treasurer or deputy treasurer and filing a copy with the City Clerk. The removal is not effective until the notice ofremoval is received by the City Clerk. 10

14 If a treasurer or deputy treasurer resigns, the resignation will not be effective until written notice is submitted to the candidate and a copy is filed with the City Clerk. In case of death, resignation or removal of a campaign treasurer, the candidate shall immediately appoint a successor and certify the name and address to the City Clerk on the APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY (FORM DS DE 9). 3.7 Campaign Depository (Section (1) (b), F.S.) Each candidate must designate a campaign depository with any financial institution (bank, savings and loan, or credit union) authorized to do business in the State offlorida. All contributions must be deposited into such account and all expenditures must be drawn by check on this account, except when paid with petty cash. A candidate who seeks to qualify by the petition process shall designate a campaign depository prior to obtaining signatures on petitions. Designating a campaign depository does not mean physically opening your account. It is merely naming the financial institution where your campaign funds will be deposited. This is because most banks require an initial deposit to open a campaign account and a contribution cannot be accepted prior to the candidate filing Form DS-DE 9. All funds received by the campaign treasurer shall, prior to the end of the fifth business day following the receipt thereof, Saturdays, Sundays, and legal holidays excluded, be deposited in a campaign depository designed per Section , F.S. This campaign account MUST be separate from any personal or other account and used only for depositing campaign contributions and making expenditures. All deposits must be accompanied by a bank deposit slip containing the name of each contributor and the amount contributed by each. 3.8 Campaign Checks (Section , F.S.) Important: When issuing checks from the campaign account, the campaign treasurer or deputy treasurer shall be responsible for the completeness aud accuracy of the information on such check and for insuring that such expenditure is an authorized expenditure. Campaign checks must contain, as a minimum, the following information: a) The statement "Campaign Account of (Name of Candidate)." b) Account number aud name of bank. c) Appropriate space for (1) exact amount of expenditure; (2) signature of campaign treasurer or deputy treasurer; (3) exact purpose of expenditure; and ( 4) name of payee. d) The above information may be typed on starter checks provided by the bank until printed checks arrive. 11

15 e) For purposes of this section, debit cards are considered bank checks, (Section (2), F.S. and Division of Elections Opinion 00-03), if: 1. Debit cards are obtained from the same bank that has been designated as the candidate's campaign depository. 2. Debit cards are issued in the name of the treasurer, deputy treasurer, or authorized user and state "Campaign Account of (name of candidate)." 3. No more than three debit cards are requested and issued. 4. Before a debit card is used, a list of all persons authorized to use the card is filed with the City Clerk. 5. All debit cards issued to a candidate's campaign must expire no later than midnight of the last day of the month of the general election. 6. The person using the debit card does not receive cash as part of, or independent of, any transaction for goods or services. 7. All receipts for debit card transactions contain: the last four digits of the debit card number, the exact amount of the expenditure, the name of the payee, the signature of the campaign treasurer, deputy treasurer, or authorized user and the exact purpose for which the expenditure is autho1ized. 12

16 4. REPORTS Each campaign treasurer designated by a candidate shall file regular reports of all contributions received and all expenditures made by or on behalf of such candidate. The candidate and his or her campaign treasurer shall certify as to the correctness of each report. Each person so certifying shall bear the responsibility for the accuracy and veracity of each report. Any campaign treasurer or candidate 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. (Section , F.S.) 4.1 Where and When to File (Section (2) and , F.S.) Reports are filed with the City Clerk before whom the candidate qualifies. Reports must be filed on the 1 oth day following the end of each calendar quarter (January, April, July and October) from the time the campaign treasurer is appointed, except if the 1 oth day occurs on a Saturday, Sunday or legal holiday, the report shall be filed on the next business day that is not a Saturday, Sunday or legal holiday. Reports must also be filed on the d, 18th and 4th days immediately preceding the primary election and on the 46t1\ 32"d, 18th and 4th days immediately preceding the general election. Reports shall be filed no later than 5 p.m. of the day designated. A report postmarked by the U.S. Postal Service no later than midnight of the day designated is deemed timely filed. A report received by the City Clerk within 5 days after the designated due date that was delivered by the U.S. Postal Service is deemed timely filed unless it has a postmark indicating the report was mailed after the designated due date. A certificate of mailing obtained from and dated by the U.S. Postal service at the time of mailing or a receipt from an established courier company, which bears a date on or before the date on which the report is due, is proof of mailing in a timely manner. Following the last day of qualifying for office, any unopposed candidate need only file a report within 90 days after the date such candidate became unopposed. Such report shall contain all previously unreported contributions and expenditures required by this section and shall reflect disposition of funds as required by F. S (See 2011 CALENDAR OF REPORTING DATES, PAGE 32.) 4.2 Penalty for Late Filing (Section (8), F.S.) a) Any candidate who does not file a report on the designated due date shall be subject to a fine for each late day, to be paid from personal funds. The candidate shall be notified immediately by the City Clerk. b) 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% of the total contributions or expenditures, whichever is greater, for the period covered by the late report. c) However, for reports due August 26, 2011 and November 4, 2011, the fine shall be $500 for each late day, subject to the 25% limit noted above. 13

17 d) Within 20 days after receipt of the notice of payment due, you may: 1. Pay the fine from personal funds ( not campaign funds) to the City Clerk, or 2. Appeal the fine to the Florida Elections Commission, and notify the City Clerk in writing that you are appealing the fine. e) The City Clerk shall notify the Fl01ida Elections Commission of the failure to pay the fine imposed. 4.3 Waiver of Reports (Section , F.S.) In any reporting period during which a candidate has not received contributions or made any expenditure, the filing of the required report is waived; however, the candidate must indicate there is no activity by filing Waiver of Report (Form DS-DE 87) at the same time the report is due. The next report must specify that the report covers the entire period between the last submitted report and the report being filed. The treasurer of an electioneering communications organization shall file a written report with the City Clerk by the prescribed reporting date when the organization has not received funds, made any contributions, or expended any reportable funds (section , F.S.). 4.4 Incomplete Reports (Section (2), F.S.) If a campaign treasurer files a report that is deemed incomplete, it shall be accepted on a conditional basis. The campaign treasurer will be notified by the City Clerk as to why the report is incomplete. The campaign treasurer must file an addendum to the incomplete report within three days of notification. The addendum must include all necessary information to complete the report. 4.5 Reporting Contributions (Section (4)(a), F.S.) A campaign treasurer must report totals for all contributions received on the Campaign Treasurer's Report Summary(Form DS-DE 12) and all contributions (all loans, in-kind contributions and other receipts by or for such candidate), regardless of the amom1t, must be reported and filed in hard copy with the City Clerk. Each report must contain: a) The full name, address, and occupation (must be specific), of each person who has made a contribution to such candidate within the reporting period, together with the amount and date the contribution was received. For corporations, the report must provide as clear a description as practicable of the principal type of business conducted by the corporation. If the contribution is $100 or less or is from a relative, as defined in F.S , provided that the relationship is reported, the occupation of the contributor or the principal type of business does not need to be reported. 14

18 15 b) Each loan for campaign purposes to or from any person or political committee within the reporting period, together with the full name, address, occupation, principal place of business, if any, of the lender and endorsers, if any, and the date and amount of such loan(s). c) A statement of each contribution, rebate, refund, or other receipt not otherwise listed under paragraphs (a) and (b). d) When a candidate receives a contribution in the form of a check drawn on a joint account, signed by only one of the joint owners, the owner signing the check is considered the contributor. 4.6 Common Errors in Reporting Contributions Some of the most common errors in reporting contributions include: a) Incomplete address. b) Non-Specific Occupations - Occupations such as Manager, Businessman, Consultant, Owner, CEO, Director, Executive, etc. are not specific enough to determine the type of business the contributor is associated with. c) Contributions over $100 that do not show the occupation of the contributor. d) Contributions received outside of the reporting period. A contribution is considered received on the day the candidate or treasurer actually receives the contribution, not the date it is deposited. e) Contributions that exceed the contribution limit of$500 per person, per election. f) Cash contributions that exceed $50 or cashier's check in excess of$50 per election Returning Contributions (Sections , , , F.S.) Contributions must be returned to the contributor if: a) A candidate receives a contribution in excess of the limitations provided by law. b) A candidate with opposition in an election receives a contribution on the day of that election or less than five days prior to the date of that election. c) A candidate receives a contribution once he or she is elected, defeated, becomes unopposed, or withdraws his or her candidacy. If the contribution has been deposited into the campaign account report the contribution; and write a check from the campaign account to the contributor for the amount of the contribution and report this on the itemized expenditure report. Under "purpose of expenditure" explain the reason for returning the contribution. The candidate may also wish to submit a written explanation to the City Clerk.

19 4.8 Reporting Expenditures (Section , F.S.) Each report must contain: a) The full name and address of each person to whom expenditures have been paid within the reporting period; the amount, date, and purpose of each such expenditure. The purpose of expenditure must be clear. b) The full name and address of each person to whom an expenditure for personal services, salary, or reimbursed authorized expenses, as provided in (3), F. S., was made along with the amount, date, and clear purpose of such expenditure. c) The total amount withdrawn and the total amount spent for petty cash during the reporting period. Expenditures made from the petty cash fund provided by Section , F.S., need not be reported individually, however, complete records of petty cash expenditures must be kept. d) The total sum of expenditures made by such candidate during the reporting period. 4.9 Common Errors in Reporting Expenditures Some of the most common ejtors in reporting expenditures include: a) Incomplete address. b) Expenditure made outside the reporting period. c) Purpose of the expenditure is not provided Reviewing Your Report Your report will be checked for the following: a) That the Report Summary is accurate and signed. b) That the dates of all contributions and expenditures are within the reporting period. c) That your report contains complete names and addresses for each contribution and expenditure. d) That each contribution $100 or more contains the occupation of the contributor and that the occupation is specific enough to determine the type of business. e) That the purpose of each expenditure is listed. f) That all contributions are within the lawful amount. 16

20 4.11 Deadline for Filing Campaign Treasurer's Reports (Section (1), F.S.) a) Reports shall be filed not later than 5 p.m. of the day designated; however, any report postmarked by the U. S. Postal Service no later than midnight of the day designated shall be deemed to have been filed in a timely manner. If you mail your report on the day it is due, verify with the post office that it will in fact be postmarked that day and get a receipt, because not all mail is postmarked the day it is received by the Post Office. Reporting dates and periods are listed in Section 8, page 32. b) A certificate of mailing obtained from and dated by the U.S. Postal Service at the time of mailing, or a receipt from an established courier company, which bears a date on or before the date on which the report is due, shall be proof of mailing in a timely manner. c) Faxed reports are not considered timely filed as they do not have original signatures of the candidate and treasurer (Sections (4)(b)l, (2)(a), 3, F.S.). 17

21 5. CONTRIBUTIONS 5.1 Definition of a Contribution (Section , F.S.) A contribution is: a) A gift, subscription, conveyance, deposit, loan payment or distribution of money or anything of value, including contributions in-kind, having an attributable monetary value in any form, made for the purpose of influencing the results of an election. b) The payment, by any person other than a candidate or political committee, of compensation for the personal services of another person which are rendered to a candidate or political committee without charge to the candidate or committee for such services. Exceptions: Services provided without compensation by individuals volunteering time on behalf of a candidate including, but not limited to, legal and accounting services. Editorial endorsements. NOTE: The law provides no exceptions for reporting contribution information, regardless of the size of the contribution (reporting requirements would be the same for a 50 cent contribution as for a $500 contribution). 5.2 Unauthorized Contributions (Section (3) F.S.) Any contribution received by a candidate with opposition in an election or by the campaign treasurer or deputy treasurer of such candidate on the day of that election or less than 5 days prior to the day of the election must be returned to the person contributing it and may not be used or expended by or on behalf of the candidate. NOTE: For a Tuesday election, the deadline is Midnight the prior Thursday. Once a candidate is elected, defeated, becomes unopposed, or withdraws as a candidate, he may not accept contributions. Any contributions received after this time must be returned to the contributor and cannot be used or expended. 5.3 Anonymous Contributions (Division of Elections Opinion 89-02) When a candidate receives an anonymous contribution it must be reported on the Candidate's campaign treasurer's report as an anonymous contribution. A letter should be submitted to the City Clerk explaining the circumstances surrounding the acceptance of the anonymous contribution. The candidate cannot spend the anonymous contribution, but at the end of the campaign can donate the amount to an appropriate entity under Section , F. S. 18

22 5.4 In-Kind contributions (Sections , and , F.S., Division of Elections Opinion 04-06) In-kind contributions are anything of value made for the purpose of influencing the results of an election and are subject to contribution limits. Exceptions: Money; Personal services provided without compensation by individual volunteers; or, Independent expenditures as defined in Section (5), F.S. Endorsements of three or more candidates by political co111111ittees or political parties as defined in Section (3)(d), F.S. Valuation of In-Kind Contributions: Any person making an in-kind contribution to a candidate shall, at the time of making the contribution, place a fair market value of the contribution. It is reco111111ended that the fair market value of the in-kind contribution be put in writing and a copy provided to the City Cleric Reporting In-Kind Contributions: The campaign treasurer must report the value of all in-kind contributions on the campaign treasurer's report. The campaign treasurer must also report the sum of all in-kind contributions during each reporting period in the space provided on the report. 5.5 Loans (Sections , and , F.S.) Loans are considered contributions and are subject to contribution limitations; however, loans made by a candidate to his own campaign are not subject to contribution limitations. Loans must be reported on CAMPAIGN TREASURER'S REPORT together with names, addresses, occupations and principal place ofbusiness, if any, of the lenders and endorsers, including the date and amount of each loan. All personal loans exceeding $500 in value, made to a candidate and used for campaign purposes and made in the twelve months preceding his or her election to office, must be reported on Forms DS-DE 73 and 73A, Campaign Loans Report, and filed with the filing officer within ten days after being elected to office. Any person who makes a contribution to pay all or part of a loan incurred in the twelve months preceding the election, to be used for the campaign, may not contribute more than the amount which is allowed in Section (1 ), F.S. 19

23 5.6 Cash Contribntions (Sections (4) and , F.S.) Cash contributions or a contribution by means of a cashier's check cannot exceed $50 per election. NOTE: Cash contributions should be reported on campaign treasurer's reports to include the full name and address of each person who gave a cash contribution during the reporting period, together with the amount and date of such contribution. A money order is not considered a cash contribution. 5.7 Contribution Limits for Candidates (Sections and , F.S.) IMPORTANT: Except for political parties, no person, political committee, or committee of continuous existence may make contributions in excess of $500 per election to any candidate for election or retention in office. The primary and general election are separate elections. These limits do not apply to contributions made by a state or county executive committee of a political party regulated by Chapter 103, F. S., or to amounts contributed by a candidate to his own campaign. A candidate may not: 1. Accept contributions until Form DS-DE 9, Appointment of Campaign Treasurer and Designation of Campaign Depository for candidates is filed with the City Clerk 2. Accept a contribution in excess of $500 from any one person per election, provided the candidate is an opposed candidate and the contribution is received within the timeframe applicable to each election. 3. Accept contributions from family members in excess of $500 per election. 4. Accept more than $100 per election from an unemancipated child under the age of 18. A candidate may not accept contributions from national, state, including any subordinate committee of a national, state, or county committee of a political party, and county executive committees of a political party, which contributions in the aggregate exceed $50,000, no more than $25,000 of which may be accepted prior to the 28-day period immediately preceding the date of the general election. a) Polling services, research services, cost for campaign staff, professional consulting services, and telephone calls are not contributions to be counted toward the contribution limits, but must still be reported by the candidate. b) All other contributions are counted toward the contribution limits. 5.8 From Whom May A Candidate Accept Contributions Any person may contribute to a candidate as long as the contributions are within the limits provided. However, a person may not make any contributions through or in the name of another, directly or indirectly, in any election. 20

24 A person is defined in Section (8), F. S., as an individual or a 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 includes a political party, political committee, or committee of continuous existence. Federal law prohibits contributions from foreign nationals to any federal, state or local candidate unless the foreign national possesses a green card. Further information can be accessed by contacting the Federal Election Commission at or on their website at Deadlines for Accepting Contributions (Sections (3)(a), & 106.2, F.S.) Any contribution received by a candidate with opposition in an election, or the campaign treasurer or deputy campaign treasurer, on the day of the election or less than five days prior to the day of that election must be returned to the contributor. It may not be used or expended by or on behalf of the candidate. If opposed in the primary election a candidate may accept: Up to $500 no later than midnight on August 25, If opposed in the general election a candidate may accept: Up to $500 no later than midnight on November 3, Violations (Section , F.S.) Any candidate, campaign manager, campaign treasurer or deputy treasurer of any candidate, agent or person who acting on behalf of any candidate, or other person who knowingly and willfully: I. Accepts a contribution in excess of the limits prescribed by section , F.S.; 2. Fails to report any contribution required to be reported by chapter 106, F.S. or 3. Makes or autho1izes any expenditure in violation of section (4), F.S. or any other expenditure prohibited by Chapter 106, F.S.; Is guilty of a misdemeanor of the first degree, punishable as provided in Section or Section , F. S Debit and Credit Card Contributions (Section (2), F.S. & Division of Elections Opinion 00-03) A candidate may accept contributions via a credit card, debit card or money order as long as the disclosure requirements of Chapter 106, F. S. are met. These contributions are categorized as a "check" for reporting purposes. 21

25 5.11 Fund Raisers (Sections (11), and , F.S.) 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 for public office. 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 , F. S., and are to be accounted for and reported as any other contribution. All expenditures for fund raisers 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. Tickets Any tickets or advertising for a campaign fund raiser shall: 1. Contain the disclaimers and other information required of political advertising. 2. Contain the statement: "The purchase of a ticket for, or a contribution to, the campaign fund raiser is a contribution to the campaign of (Name of the candidate for whose benefit the campaign fund raiser is held)." 3. Comply with all other provisions of Chapter l 06, F.S. Advertising Any political advertisement, including those paid for by a political party, other than an independent expenditure, offered by or on behalf of a candidate: 1. Must be approved in advance by the candidate. 2. Must expressly state that the content of the advertisement was approved by the candidate. 3. 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 advertisement submitted for publication, display, broadcast, or other distribution. 22

26 6. EXPENDITURES 6.1 Definition of an Expenditure (Section (4), F.S.) Expenditure means a purchase, payment, distribution, loan, advance, transfer of funds by a campaign treasurer or deputy treasurer between a primary campaign deposit01y and a separate interest-bearing account or certificate of deposit, or gift of money or anything of value made for the purpose of influencing the results of an election or making an electioneering communication. 6.2 General Requirements (Sections (4), , and , F.S.) A candidate shall: 1. Pay all expenditures must be made by check drawn on the primary campaign account ( except expenditures from petty cash). 2. Pay the qualifying fee and state assessment fee by checks drawn on the campaign account. 3. Pay for all expenses authorized or incurred for the purchase of goods or services upon final delivery and acceptance of goods or services. 4. Pay for public utilities such as telephone, electric, gas, water and like services when the bill is received. Utility companies providing services to candidates must charge a deposit sufficient to meet all anticipated charges during a billing period. (Section , F.S.) Important: No candidate, campaign manager, treasurer, deputy treasurer, or any person acting on behalf of the foregoing, shall authorize any expense unless there are sufficient funds on deposit to pay the full amount of the expenditure, to honor all other checks draw on such account, which checks are outstanding, and to meet all expenses previously authorized but not yet paid. Sufficient funds on deposit means that the funds have been delivered for deposit to the financial institution at which such account is maintained. Checks IMPORTANT: Only a campaign treasurer or deputy campaign treasurer is allowed to sign checks drawn on the campaign account. The campaign treasurer or deputy campaign treasurer who signs a check shall be responsible for the completeness and accuracy of the information on the check and for ensuring it is an authorized expenditure. Candidates are prohibited from signing campaign checks unless they appointed themselves campaign treasurer or deputy treasurer. A candidate or other individual may be reimbursed for expenses incurred in connection with the campaign by a check drawn on the campaign account and reported pursuant to Section (4), F.S. The full name and address of each person to whom the candidate or other individual made payment for which reimbursement was made by check drawn upon the campaign account shall be reported pursuant to Section ( 4), F.S., together with the purpose of such payment. 23