Docstoc

Candidate Qualifying

Document Sample
Candidate Qualifying Powered By Docstoc
					 Candidate Qualifying
    Information
          For Local Offices

           2012
    Chris H. Chambless
Clay County Supervisor of Elections
                            Your
                       Elections Office


   Chris H. Chambless – Supervisor of Elections
   Linda Hoover – Candidate Qualifying
   Robin Conte – Candidate Qualifying Alternate
   Lynn Gaver – Data Services & Mail (Absentee) Ballots
Becoming a Candidate
(F.S. 106.011 (16))


A Candidate is a person who:
     Seeks to qualify for nomination or election by means of the petition
      process or paying the qualifying fee.
     Seeks to qualify for election as a write-in candidate.
     Receives contributions or makes expenditures, or appoints another
      person to receive contributions or make expenditures, with a view to
      bring about his/her nomination, election or retention to public office.
     Appoints a treasurer and designates a primary campaign checking
      account.
     Files qualification papers and subscribes to a candidate’s oath as
      required by law.
     You may download a Candidate Handbook from the Division of
      Election’s Website at: http://election.dos.state.fl.us/publications/publications.shtml
What to file
   Your first step in becoming a candidate is to file the Appointment of
    Campaign Treasurer Form, (DS-DE 9), with the Supervisor of Elections Office
    (for multi-county races, you would file with the Florida Division of Elections.)
    This will allow you to start collecting or spending money for your campaign,
    as well as gather petition signatures.
   Form DS-DE 84, Statement of Candidate Form, is filed within 10 days of
    filing for office. This form states that the candidate has been provided
    access to, read and understands the requirements of Chapter 106, Florida
    Statutes, which detail Florida’s campaign finance laws. Judicial Candidates
    must also file Form DS-DE 83, Statement of Candidate for Judicial Offices.
    This form states that the the candidate has been provided access to, read
    and understands the requirements of the Florida Code of Judicial Conduct.
   NOTE: Effective January 1, 2008, Florida law exempts Special District
    candidates from appointing a campaign treasurer or designating a primary
    campaign depository if the candidate does not collect contributions and has
    only the filing fee or the cost of verifying petitions as an expense. However,
    if a candidate chooses to collect contributions or make expenditures, then
    the candidate is required to file the Appointment of Campaign Treasurer
    form with the Supervisor of Elections Office, open a campaign bank account
    and file campaign reports on a regular basis.
Local Offices up for Election in 2012
     County
      • Clerk of Court
      • Property Appraiser
      • Sheriff
      • Supervisor of Elections
      • Tax Collector
      • Superintendent of Schools
      • County Commissioner Districts 1, 3 & 5
      • School Board Districts 2 & 4
Local Offices up for Election in 2012
     County cont.
      •   Clay County Soil & Water 2 & 4
      •   Crossing CDD 1, 2 & 5
      •   Double Branch CDD 1, 3 & 5
      •   Fleming Island Plantation CDD 2 & 4
      •   Lake Asbury MSBS 1, 2*, 3, 5, 7 & 9 * 2 yr. term
      •   Middle Village CDD 2, 4 & 5
      •   South Village CDD 2 & 4
Local Offices up for Election in 2012
     Municipal (Files with Municipal Clerk)
      •   Keystone Heights Council Seats
      •   Orange Park Council Seats
      •   Green Cove Springs Council Seats
      •   Penney Farms Council Seats
                                  DS-DE 9




A link to this form is provided at Clay County Supervisor of Elections' website
                             under ‘Candidate Forms’
            DS-DE 84                                            DS-DE 83




Links to these forms are provided at Clay County Supervisor of Elections’ website under
                                   ‘Candidate Forms’
Changing Designation of Office
   Candidate must file a new Designation of Campaign Treasurer
    form (DS-DE 9) with the filing officer.
   Within 15 days, notify all contributors and offer to return their
    contribution - include Request for Return of Contribution Form
    (DS-DE 86).
   If return of contribution is requested, return a pro rata share
    to the contributor.
   If return is not requested within 30 days, the contribution can
    be used for the new office.
Campaign Treasurers
   A treasurer is no longer required to be a registered voter.
   The candidate may be the treasurer or the deputy treasurer.
   Only the treasurer or deputy treasurer can sign a campaign
    check.
   If the treasurer resigns he/she is required to notify the
    candidate and the Supervisor of Elections office in writing in
    order for the resignation to be effective. The candidate is
    required to reappoint another treasurer using the DS-DE 9
    form.
   Campaign or deputy treasurers must keep detailed accounts
    current within 2 days; file regular reports of all contributions
    received and expenditures made; preserve these records for
    the number of years equal to the term of the office sought.
    Campaign Treasurer’s Reports
   Campaign Reports are filed on the 10th day following the end
    of each calendar quarter.
   Following the last day to qualify for office, a candidate is required to
    file campaign reports on the 32nd (F1), 18th (F2), and 4th (F3), days
    before the Primary Election, and also on the 46th (G1), 32nd (G2),
   18th (G3) and 4th (G4) days before the General Election for those
     candidates whose name will appear on the General Election ballot.
   Campaign finance reports must be completed and filed through the
    electronic filing system no later than midnight of reporting due date.
   If a candidate fails to file a report on time, he/she will be subject to a
    fine that must be paid from the candidate’s personal funds – not
    campaign funds.
   If a report is deemed incomplete by the filing officer, the campaign
    treasurer will be notified and has 7 business days, excluding Saturday,
    Sunday & legal holidays to file the requested information. Failure to
    file the requested information constitutes a violation of Chapter 106.
         2012 Reporting Dates
                        Campaign Report Schedule
   Report Code             Due Date            Cover Period
          Q1                 04/12/12         01/01/12 – 03/31/12
          F1                 07/23/12         04/01/12 – 07/16/12
Judicial TR-Term. Rpt        07/29/12         05/01/12 – 07/29/12
          F2                 08/06/12         07/17/12 – 07/30/12
          F3                 08/20/12         07/31/12 – 08/19/12
TR-Termination Report        09/16/12         6/19/12 – 09/16/12
          G1                 09/17/12         08/20/12 – 09/10/12
          G2                 10/01/12         09/11/12 – 09/24/12
          G3                 10/15/12         09/25/12 – 10/08/12
          G4                 10/29/12         10/09/12 – 10/28/12
TR-Termination Report        11/22/12         08/20/12 – 11/22/12
         *Q4                 01/10/12         10/29/12 – 12/31/12
TR-Termination Report        01/31/12         10/29/12 – 01/31/13

* This pertains to Committee Reporting only
Electronic Filing System
   It is mandatory that all candidates filing with the Supervisor of
    Elections use this system.
    *Effective August 2009, electronic filing meets all candidate filing requirements- paper
    copies are no longer required to be sent to the Supervisor of Elections office.
   You will be sent an email with your Password, Candidate ID Number, &
    (2) Electronic Filing PIN.
   How to begin: Go to our website at www.ClayElections.com.
    Click the 'Candidates & Committees' button, then click 'Electronic
    Reporting Login'.
   You may enter the information for your report at any time, but do
    not submit until the report is complete.
   Note that all reports must be filed electronically no later than midnight
    of the report due date in order for the report to be considered filed on
    time.
   The Filing officer is required to notify the Florida Election Commission
    of any candidate who repeatedly files late reports.
 Contribution Limitations
 A candidate may not receive more than $500 per election cycle from
  any one person or business (this includes spouse or family members.)
 A candidate’s contributions to his/her own campaign are UNLIMITED.
  NOTE: This does not apply to a spouse or other family member, they
  are treated as any other contributor with a $500 limit.
 Contributions must be deposited in the campaign account within 5
  business days of receipt, excluding Saturday, Sunday and legal holidays.
 Any contribution received by a candidate with opposition in an election
  or by a treasurer or deputy treasurer on the day of the election or less
  than 5 days before the day of any election must be returned to the
  contributor.
 The aggregate contribution limit for cash or cashier’s check is $50.00
  per election. A candidate may accept personal, business and traveler’s
  checks and money orders up to $500.
Reporting Contributions
All Contributions must:
   Specify name and complete address of the contributor.
   Specify amount of the contribution.
   If the contribution is over $100, the specific occupation of the
    contributor must be listed; if the contributor is a business,
    the principle type of business activity must be listed.
   Anonymous contributions must be reported. A cover letter should
    accompany the report; the candidate should not spend the
    anonymous contribution; donate the amount to an appropriate
    entity under Section 106.141, F.S. after the campaign.
   The definition of an in-kind contribution is a contribution of goods
    or services provided to the candidate for which money would have
    otherwise been paid. A description of the item or services and the
    fair market value must be reported to the candidate by the
    contributor.
Other Contribution Payment Types
   Checks – May be used
       Must State “name of candidate or political committee Campaign
        Account”.
   Pay Pal – May be used
     List the contribution in whole.
     Then list the fee as an expenditure.

   Credit Cards – Restricted to statewide candidates

   Debit Cards – May be used
     Must be obtained from the same bank as the primary depository.
     May be issued to any treasurer or authorized user–limit 3.
     Must state “name of candidate or political committee Campaign
      Account”.
    Reporting Expenditures
    All expenditures must include:

   Date of the expenditure.
   Name and complete address of the payee (including post offices
    or the Elections Office).
   Purpose of expenditure.
   Amount of the expenditure.
   No expenditures shall be made or authorized without sufficient
    funds on deposit in the campaign account.
   Payment shall be made upon receipt and acceptance of goods or
    services.
Expenditures- Petty Cash
   Report the total amount withdrawn and the total amount
    spent during each reporting period.

   Not required to be itemized.

   $500 per calendar quarter until the end of qualifying.

   $100 per week after qualifying.

   May not be used for the purchase of time, space, or
    services from a communication media.
Highlights of Political Disclaimers
( F.S. 106.143)

Any political advertisement that is paid for by a candidate that is
published, displayed, or circulated before, or on the day of, any
election must prominently state the following:
             Example of a political disclaimer for a candidate running under
             Party Affiliation for a partisan office, except a write-in candidate:
             “Political advertisement paid for and approved by (name of candidate),
             (party affiliation), for (office sought.)”

             Example of a political disclaimer for a candidate running under
             No Party Affiliation for a partisan office, except a write-in candi-
             date:
             “Political advertisement paid for and approved by (name of candidate), (NPA),
             for (office sought.)”

             Example of a political disclaimer for a candidate running for a
             non-partisan office, except a write-in candidate:
             “Political advertisement paid for and approved by (name of candidate), for
              (office sought.)”
More on Political Disclaimers
                 EXCEPTION TO DISCLAIMERS

Items designed to be worn by a person, need only include the party
   affiliation (or NPA) of the candidate who is seeking a partisan office.
Novelty Items having a value of $10 or less which support, but does not
  oppose a candidate or issue, are not required to have a political disclaimer.
Bumper Stickers are excluded from the provision relating “re-elect” and “for”,
  however, the political disclaimer is required.
Campaign Fund Raisers – tickets or advertising for a campaign fund raiser is
  exempt from the requirements of s. 106.143 F.S.



If the candidate is not an incumbent for the office sought, the candidate cannot
use the word “re-elect” and MUST use the word “for” between the name of the
candidate and the office sought so incumbency is not implied.
Television Broadcasts
(Per F.S. 106.165)




Must use closed captioning and descriptive narrative in all television
broadcasts regulated by the Federal Communications Commission that
are on behalf of or sponsored by a candidate;

 OR

Candidate must file a written statement with the qualifying officer
setting forth the reasons for not doing so.
The Petition Process
   A candidate may begin collecting petition signatures after the
    Appointment of Campaign Treasurer Form (DS-DE 9) has been
    filed with the filing officer. (Not applicable for Special District
    candidates that aren’t required to file the DS-SE 9.) The petitions
    are valid only for the qualifying period immediately following such
    filings.
   The number of petitions required is equal to at least 1% of the
    registered voters of the last General Election in the area of the office
    sought. Special District candidates are only required to obtain 25
    petitions in the area of the office sought. Note: Except for
    Reapportionment Years.
   The Supervisor of Elections will provide the petition format approved
    by the Division of Elections. Candidates are required to supply,
    print or make copies of their own petitions.
   The deadline for submitting petitions to the Supervisor of Elections
    office for verification:
       Local Candidates- before noon, May 7, 2012.
       Judicial Candidates-before noon, March 19, 2012.
More on Petitions…
   Signatures may be obtained from any registered voter in the
    area of the office you are seeking, regardless of party affiliation.
   Signed petitions are submitted to the Supervisor of Elections’
    Office. The cost of verifying petitions is 10¢ per petition paid
    in advance by the candidate. If you are not able to pay this,
    you may file the Oath of Undue Burden to have the fee waived.
    However, if there are enough funds left over at the end of your
    campaign, you must pay back all or any portion of the cost of
    verifying petitions and the 1% election assessment fee.
   The filing officer (Supervisor of Elections or the Division of
    Elections for multi-county candidates) will determine if the
    correct number of valid petitions have been collected in order to
    waive the qualifying fee.
Qualifying
   Qualifying is a one week period in which candidates are
    required, by law, to file additional forms, such as Candidate
    Oaths, a personal Financial Disclosure Form, the petition
    certification letter provided by the Supervisor of Elections for
    those candidates who met the petition requirement in lieu of
    paying the qualifying fee; OR pay the qualifying fee in order
    to have the candidate’s name placed on the ballot. THE
    QUALIFYING FEE MUST BE PAID WITH A CAMPAIGN
    CHECK.

   Qualifying for Local Offices begins at Noon, June 4, 2012 and
    ends at Noon, June 8, 2012. The Supervisor of Elections may
    accept and hold qualifying papers up to 14 days before
    qualifying begins; they will be processed after qualifying
    begins. The first date for accepting qualifying papers is May
    21, 2012.
Qualifying for Judicial Offices
(County Court Judges Only)


    Qualifying for Judicial Offices begins at Noon,
     April 16, 2012 and ends at Noon, April 20, 2012.
     The Supervisor of Elections may accept and hold
     qualifying papers up to 14 days before qualifying
     begins; they will be processed after qualifying begins.
     The first date for accepting qualifying papers for
     Judicial Offices is April 2, 2012.
Prohibited Acts
                   A Candidate May Not …
   Pay or give anything of value to speak in furtherance of his
    candidacy.
   Use a state owned aircraft or motor vehicle to further his
    candidacy.
   Solicit or accept a contribution in a government owned building.
   Use the services of any state, county, municipal, or district officer
    or employee of the state during working hours.
   Solicit contributions from any religious, charitable, civic, or other
    causes or organizations established primarily for the public good.
   Make contributions, in exchange for political support, to any
    religious, charitable, civic, or other causes or organizations
    established primarily for the public good.
   With actual malice, make any false statement about an opposing
    candidate.
After the Campaign
   A termination report must be filed within 90 days of withdraw-
    ing the candidacy, becoming unopposed, elected or eliminated.
   A candidate may be reimbursed by the campaign for any
    previously reported contributions by the candidate to the
    campaign, in full or in part. May also purchase thank-you
    advertising, pay for obligated items, and/or pay for expenses
    necessary to close down the campaign.
   If qualified by the petition method or candidate signed an undue
    burden oath, the candidate must pay whichever is applicable, the
    cost of petition verification and if funds remain, the amount of
    the election assessment.
    SURPLUS FUNDS you may:
   Return contributions pro rata
   Give to a charitable organization
   Open an office account (if elected)
Campaign Signs

 Signs may not be placed on or above state or county road
  right- of- ways.

 Signs must be removed within 30 days of being elected,
  eliminated or withdrawing.

Note: Municipalities may impose additional requirements
      for the usage or removal of campaign advertisements.
And remember…
   If you have any questions, we are only
         a click or phone call away!

      E-mail: Candidates@ClayElections.com
        Website: www.ClayElections.com
             Phone: (904) 269-6350



     Good Luck with your campaign!

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:6
posted:3/18/2012
language:
pages:30