TMCCP Presents Election Law Seminar January 25-26, 2018, Frisco, Texas HANDOUT FOR Candidate Packets: Applications, Filings, & Petitions with speakers Aimee Nemer, TRMC, City Secretary, Richardson, & Leticia Vacek, TRMC, City Clerk, San Antonio Texas Municipal Clerks Certification Program 1155 Union Circle #305067, Denton, Texas 76203-5017 940-565-3488 municlerks@unt.edu municlerks.unt.edu
CANDIDATE PACKETS APPLICATIONS PETITIONS FILINGS TEXAS MUNICIPAL CLERKS CERTIFICATION PROGRAM Leticia Vacek, TRMC, MMC City Clerk, City of San Antonio Text questions to Leticia @ 210 379 9545 Aimee Nemer, TRMC, MMC City Secretary, City of Richardson Text questions to Aimee @ 214 729 9376 2018 Election Law Seminar Presentation Outline PART I Candidate Packets First Impressions Lasting Impressions Responsibilities Research & Preparation Planning Contents Presentation & Availability Q & A PART II Applications/Petitions/Filings Candidate Orientation Filing of Application Filing of Petition to Run Review of Application Campaign Finance Filings Use of Technology/Social Media Records Retention Resources Q & A 2 1
First Impressions Your candidate packet reflects on your office and the City It is the candidate s first [good] impression of City Hall Remember, this could be your next boss! 3 Lasting Impressions Professional Impartial Prepared Accurate Informative Concise Competent 4 2
Responsibilities There is no requirement to provide a Candidate Packet The City Secretary is responsible for providing or guiding candidates to the necessary official forms required by the Election Code and the Texas Ethics Commission at no charge The City Secretary as the Filing Authority is responsible for accepting documents that candidates, officeholders, and political committees are required to file to run for office and under Title 15 What is Title 15? Campaign Finance Law regulates the acceptance of, expenditure of, and reports regarding money in political campaigns by candidates, officeholders, and political committees. There are civil and criminal penalties for violations of Title 15. However, a violation of Title 15 will not prevent a candidate/officeholder from being on the ballot nor will it invalidate an election. 5 Responsibilities You are not expected to be a Title 15 expert The Texas Ethics Commission is responsible for interpreting Title 15 However, be familiar with your responsibilities and filers responsibilities Maintain accurate records Follow your adopted Retention Schedule Date/time stamp documents Tip: Download the Guide to a Local Filing Authority s Duties https://www.ethics.state.tx.us/ 6 3
Responsibilities NOT! You are not responsible for ensuring forms are filed or providing reminders You are not responsible for receiving complaints about filings You are not responsible for explaining the forms to filers BUT that doesn t mean you can t be helpful and courteous Remember to treat all filers the same officeholders and candidates 7 Research & Preparation First, prepare your election calendar Tip for Easy Calendar Prep Include dates that are specific to your entity (holidays, candidate drawing date/time, orientation, etc.) Calendar from Texas Municipal Clerks Certification Program (TMCCP) Texas Secretary of State (SOS) Calendar Refer to Election Advisories list of documents to include in candidate packets Current Forms (Application, Petition) TexasEthicsCommission(TEC) Uniform Filing Schedule Current Forms/Instructions Guides & Publications Laws & Regulations Calendar from your County Entity regarding Interlocal Agreements, Selection of Early Voting/Election Day polling sites, hours, holidays, etc. 8 4
Research & Preparation, cont. Home Rule Cities Check Charter Local qualifications, districts, petition requirements, etc. Texas Election Law Texas Municipal Election Law Manual (*NEW* Blue Book) Use your Candidate Packet from previous election as a guide for contents BUT ensure all dates, information, and forms are updated and accurate Keep a packet on file every election for your reference Bookmark these sites: TEC https://www.ethics.state.tx.us/main/local.htm SOS http://www.sos.state.tx.us/elections/conducting/index.shtml Texas Constitution and Statutes http://www.statutes.legis.state.tx.us/index.aspx Texas Legislature Online http://www.capitol.state.tx.us/ Handy Contact Numbers: TEC: (512) 463 5800 SOS: (512) 463 5555 Your Local County Elections Administrator 9 Planning Contents 1 big comprehensive packet? 2 more focused packets? Paper or Electronic? How many? When will they be available? Orientation for Candidates? Will Filings be posted to web? What will be posted to the web? Applications Supplemental Documents Requested of Candidates Campaign Finance Expenditure/Contribution Reports Election Calendar Early Voting Sites/Election Day Sites & Maps 10 5
Planning Big or Small? Paper or Electronic? Recommend both Hard copy forms required for filing A lot of material to read One packet contains everything the filer will need throughout process Two packets saves time/paper 1 st Packet Application, Qualifications, Campaign Treasurer Designation Form 2 nd Packet Campaign Filing Forms, calendars, all other election details Home Rule Cities may charge an Administrative Fee for the Candidate Packet City of San Antonio charges $30 each 11 Packet Contents for 2 Packets Application Packet Introduction Letter Qualifications Application Petition (if required) Appointment of Campaign Treasurer (CTA) Code of Fair Campaign Practices Act/Form (CFCP) Condensed Calendar Contact Information Candidate Packet Comprehensive Calendars, Filing Schedules Campaign Finance Forms (C/OH & schedules A FR) Instruction Guides Charter (if applicable) Political Advertising Info Maps (district/precincts) Important City/County Contact List Resources (SOS, TEC, Election Code) 12 6
Packet Contents 1 Packet Introduction Letter from City Secretary Contact for election process Filing Authority Table of Contents for Packet Candidate Qualifications State and Local Petition Requirements/Filing Fees District Requirements/Map (if applicable) Contact & Reference Information City Contacts County Election Administrator Texas Ethics Commission Secretary of State Election Code 13 Packet Contents 1 Packet, cont. Calendars City Election Calendar Consider a summary of important dates with explanation Also provide a City event calendar council meeting dates, etc. Uniform Filing Schedule (Provided by TEC) Political Advertising Informational Pamphlet (TEC) Election Code, Title 15, Chapter 255 Political Advertising TxDOT Rules of Posting Campaign Signs Local ordinances; sign and electioneering regulations City Charter (links or excerpt) Rules of Procedure Maps Districts Voting Precincts 14 7
Packet Contents Forms & Guides Campaign Finance Guide for Candidates/Officeholders who File with Local Authorities (TEC) List of Campaign Forms available from City Secretary List of forms provided in the packet and the source Application for Place on the Ballot (SOS) Petition Forms multiple copies (SOS) CTA Appointment of Campaign Treasurer (TEC) Instruction Guide Consider including the ACTA Amendment to CTA and instruction guide Chapter 258, Election Code, Fair Campaign Practices Act (TEC) CFCP Code of Fair Campaign Practices (TEC) 15 Packet Contents Forms & Guides Filing Schedule for Campaign Finance Report Due Dates C/OH Candidate/Officeholder Campaign Finance Report (3) C/OH Instruction Guide Schedule A1 2 Political Contributions (Monetary and In Kind) Schedule B Pledged Contributions Schedule E Loans Schedule F1 4 Political Expenditures(Categories) Schedule G Political Expenditures made from Personal Funds Schedule H Payment from Political Contributions to a business of C/OH Schedule I Non Political Expenditures made from Political Contributions Schedule K Interest, Credits, Gains, Refunds, and Contributions Returned to Filer Schedule T In Kind Contribution of Political Expenditure for Travel Outside of Texas 16 8
Packet Contents Forms & Guides C/OH FR Candidate/Officeholder Designation of Final Report COR C/OH Correction Affidavit C/OH UC Report of Unexpended Contributions Instruction Guide LARGER CITIES MAY INCLUDE: Campaign Treasurer Appointment by Specific Purpose Committee STA Appointment of Treasurer by Committee/Instruction Guide Campaign Finance Report Form SPAC for Specific Purpose Committee Personal Financial Statement Form Req. for Cities with 100,000 pop. Chapter 145 Financial Disclosure Government Code Chapter 572, Section 572.029 and 572.030 PFS Personal Financial Statement/Instruction Guide San Antonio implemented a web based online Campaign Finance for Expenditures/Contributions Reporting filing System All Campaign Finance Forms are electronic and automatically online for public viewing. All reports are fully searchable. 17 Packet Presentation & Availability Create a master copy file of contents with original documents Determine packet format ring binder, plastic comb binder, etc. Cover Sheet Table of Contents Dividers/Tabs Pockets for forms Duplex contents when feasible to save copying costs and size of packet Make sure all contents are accurate, up to date, and copied correctly Make sufficient copies for distribution KEEP FILE COPY Electronic Packets bookmark and organize just like hard copy (recommend PDF packet with bookmarks) (all on thumb drives) 18 9
Feeling Overwhelmed Yet? 19 QUESTIONS? 20 10
Candidate Orientation Orientation for filers or orientation for filed candidates? Combination? Larger cities may have a formal orientation with City Manager staff Orientation for newly Elected Officials with City Management Orientation on how to use E Filing System for Campaign Finance Reports for all Candidates, Campaign Treasurers, etc Overview of the City Government 101 Organization/Department overviews Budget Projects Overview of the Election Process/Running for Office Candidate Packet Filings Political Signs Free Resources from TML Guide to Becoming a City Official How Cities Work Handbook for Mayor s & Councilmembers 21 Filing Application 22 11
23 REVIEW OF ELIGIBILITY In conjunction with the review of the application for form, content, and, procedure; you must first determine eligibility for public office ( see EC 141.001 for eligibility requirements) Have a Check List for accepting the Application for a Place on the Ballot Determining eligibility consists of reviewing residency, age, and voter registration requirements For Home Rule cities verification of additional charter requirements may be necessary including petition The review of residency and age requirements should only be based on the information provided on the application unless another public record containing the information is presented to you. Voter registration status applicant should have applied and been accepted for voter registration before the filing deadline in order to determine eligibility. Registration should be effective on election day or by the first day of the term of office to be filled. (Obtain legal opinion in this situation) See EC 145.003 Administrative Declaration of Ineligibility Refer to your Check List for the Process for Verifying Petitions, if submitted 24 12
REVIEW OF ELIGIBILITY EXAMPLES Age Requirement State Law or Charter Does the date of birth on the application calculate the applicant s age to be 18 or older on the first day of the term to be filled? (or age required by Charter) Yes? Applicant is eligible based on age No? Applicant is not eligible based on age No further review for this requirement is necessary. Continue review of remaining eligibility requirements Residency Requirement State Law or Charter Is the address listed on the application within the correct territory (city, state, district) for the position the applicant has indicated? Does the number of years/mos. listed on the application meet the requirement? Review only the information provided on the application for the determination of eligibility City of San Antonio passed an Ordinance Requesting all Candidates provide 2 of the following Supplemental Residency Documents: Valid voter registration certificate, Utility bill (SAWS/CPS), Bank statement, Government issued check, Employment paycheck, Government issued document with name and address 25 REVIEW OF APPLICATION Once eligibility is determined, complete the review of the application Review is only for form, content, and procedure Filed correctly, timely, all required information is completed and may be notarized List all defects; don t just stop at first defect Review must be completed by fifth day after receipt unless accompanied by petition, in which case the review must be completed as soon as practicable after date of receipt Compliance; Challenge Rejecting the Application Individual does not reside within your City, does not reside within the district they are applying, does not meet the age requirement, or does not meet the length of continuous residence Subsequent Application Late Applications 26 13
REVIEW OF APPLICATION 27 CAMPAIGN FINANCE FILINGS Who must file reports? All Candidates/Officeholders; Previous Filers that have not filed a Final Report Place for filing reports? The City Clerk/Secretary is the Filing Authority How filed? Paper/Electronic Filing deadlines Appointment of Campaign Treasurer Filed prior to expending/accepting Contributions Specific Purpose Committees The City Clerk/Secretary is the Filing Authority (Local Entity) Political Action Committees State is the Filing Authority 28 14
Use Of Technology/Social Media Consider posting all candidate information including packet online City website Filed Campaign Finance Reports Do not post Personal Financial Statements Easy access for media and other requestors Discuss with City Manager/Council Don t be afraid of Social Media If your city has Twitter, Facebook, or other social media accounts, use these to distribute election information Application for a Place on the Ballot Press Releases for Important Election Deadlines etc. City of San Antonio Contribution/Expenditure Reports filed Electronically and are fully searchable by the public 29 Records Retention & Accessibility Forms filed under Title 15 are public records and must be made available to the public upon request Refer to Schedule EL Election Records (TSLAC) Or Adopted Retention Schedule Application/Petition Election Day +2 yrs. Campaign Treasure 2yrs. after appointment is terminated Campaign Finance Reports Date of Filing +2yrs. If there is a complaint filed or criminal investigation, you must maintain the records until resolved 30 15
Resources Texas Secretary of State (SOS) http://www.sos.state.tx.us/ Current Forms (Application, Petition) Calendar Election Advisories list of documents to include in candidate packets Texas Ethics Commission (TEC) https://www.ethics.state.tx.us/ Current Forms/Instructions Guides & Publications Laws & Regulations Uniform Filing Schedule Texas Constitution and Statutes http://www.statutes.legis.state.tx.us/index.aspx Election Law 31 Resources, cont. Texas Legislature Online http://www.capitol.state.tx.us/ Latest legislation, current bills TMCA/TMCCP http://municlerks.unt.edu/ Election Calendar Texas Municipal Law Manual if you don t have it order it today! Find your local TMCA Chapter use them! Leticia Vacek, TRMC, MMC, City Clerk, City of San Antonio Leticia.Vacek@sanantonio.gov Office 210.207.7253 Aimee Nemer, TRMC, MMC, City Secretary, City of Richardson aimee.nemer@cor.gov Office 972.744.4290 32 16
Q & A 33 17