Florida Department of State Dr. Gisela Salas Ken Detzner Director, - - PowerPoint PPT Presentation
Florida Department of State Dr. Gisela Salas Ken Detzner Director, Division of Elections Secretary of State Presented by Gary J. Holland, Assistant General Counsel, Department of State Phone: 850-245-6536; email:
Ken Detzner Secretary of State
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Director, Division of Elections Presented by Gary J. Holland, Assistant General Counsel, Department of State Phone: 850-245-6536; email: Gary.Holland@dos.myflorida.com June 20, 2012
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For the 5 preclearance (s. 4(f)(4)/Voting Rights Act) counties (Collier, Hardee, Hendry, Hillsborough, &
Monroe), the following sections of law as amended by chapter 2011-40, Laws of Florida are not enforceable until precleared by federal court:
Third-party voter registration organizations (s. 97.0575) Out-of-county address changes at polling place (s. 101.045) Early Voting (s. 101.657)
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(s. 97.0115 – created in 2010) All matters set forth in chapters 97-105 are preempted to the state, except as otherwise specifically authorized by state or federal
shall be governed by s. 100.3605.
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affidavit of ownership no longer necessary by freeholder; merely a declaration verified IAW s. 92.525, Fla. Stat. (e.g., sign “penalties of perjury” statement)
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(s. 106.113)
not expend or authorize the expenditure
advertisement or electioneering communication concerning an issue.
his/her opinion on any issue at any time.
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(s. 106.113) – cont’d
in Ch. 106 only concern candidates; therefore, no such thing as an electioneering communication about an issue. See Division of Election Opinions 10-06 and 10-07; plus, App. A to presentation.
advertisements” on issues.
support, oppose, defeat, etc.) cannot exist regarding an issue in a “communications media” paid by county funds.
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candidate/issue not controlled or coordinated with candidate/committee.
OK to limit contributions to candidates by entities (corps & labor unions), but cannot limit independent expenditures; however, disclosure and disclaimer requirements can be imposed.
federal campaigns. No limits on contributions to Super PACs.
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Effect of Citizens United on Florida law:
– BUT, s. 106.071, FS: If “person” makes IE ≥ $5000, must file reports as if was a political committee. Disclaimers are required no matter the $ amount.
≥ $5000 must file reports as if PC.
corp./union); no spending limit on IEs, but if spend > $500 in calendar year to expressly advocate in Florida, will become a political committee and must register as a political committee and report as such. Bottom-line: No Super PACs in Florida for non-federal campaigns
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Political Committees (PCs), Committee of Continuous Existence (CCEs) & Electioneering Communications Organizations (ECOs)
political parties and affiliated party committees
http://election.myflorida.com/publications/ publications.shtml
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= Any communication that is publicly distributed by TV station, radio station, cable TV system, satellite system, newspaper, magazine, direct mail, or telephone that :
without expressly advocating the candidate’s election or defeat, but that is susceptible of no reasonable interpretation other than an appeal to vote for or vote against a candidate;
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primary election or 60 days before any other election for the office sought by the candidate; and
geographical area which the candidate would represent if elected. KEY: Deals only with candidates, must be in specified media, be done at specified times, and targeted to constituency of the office.
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= Any group other than a political party, affiliated party committee, political committee (PC), or committee of continuous existence (CCE), whose election-related activities are limited to:
communications or
electioneering communications; and
group register as a political party, PC, or CCE.
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Criteria for filing statement of organization: Filing of Statement of Organization dependent only on expenditures, not receipt
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Group must file as an ECO:
1.If a group makes expenditures for EC > $5000 during the “30/60-day” window, it must register as an ECO within 24 hours of making such expenditures; or 2.If a group makes expenditures for EC > $5000 before the “30/60-day” window, it must register as an ECO within 24 hours after the beginning of the “30/60-day” window.
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(s. 106.03) cont’d Example #1: A group spends $10,000 for a TV advertisement 15 days before an election that presents facts to portray why a referendum should be defeated without expressly advocating that it should be defeated. Does this trigger an ECO registration requirement?
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(s. 106.03) cont’d
Example #1: A group spends $10,000 for a TV advertisement 15 days before an election that presents facts to portray why a referendum should be defeated without expressly advocating that it should be defeated. Does this trigger an ECO registration requirement? Answer: No. Electioneering communications concern only candidates, not issues.
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(s. 106.03) cont’d Example #2: A group spends $8,000 for production of a TV advertisement 45 days before the primary election praising the virtues of a candidate without expressly advocating that he should be elected. Does this trigger an ECO registration requirement?
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(s. 106.03) cont’d
Example #2: A group spends $8,000 for production of a TV advertisement 45 days before the primary election praising the virtues of a candidate without expressly advocating that he should be elected. Does this trigger an ECO registration requirement?
Answer: Depends when TV ad runs; If ad runs within 30 day period before primary election, then yes – the group must register as ECO within 24 hours after the 30th day before the primary election.
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(s. 106.03) cont’d Example #3: A group spends $3,500 for a direct mail campaign 20 days before the general election detailing the vices of a candidate without expressly advocating her defeat. Does this trigger an ECO registration requirement?
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(s. 106.03) cont’d
Example #3: A group spends $3,500 for a direct mail campaign 20 days before the general election detailing the vices of a candidate without expressly advocating her defeat. Does this trigger an ECO registration requirement?
Answer: No; to trigger an ECO registration, the expenditures must exceed $5,000.
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(s. 102.141) Three statutory members:
chair of canvassing board; and
commissioners.
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Three statutory grounds:
an election being canvassed; or
campaign or candidacy of any candidate who has opposition in the election being canvassed.
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What does “active participant in the campaign
intentionally demonstrate or generate public support of a candidate merely beyond making a campaign contribution.
See App C - Division of Elections Opinions DE 08-10 and DE 09-07
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candidate
candidate
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To replace:
serve chief circuit judge appoints a qualified elector.
Replacement cannot be a candidate with opposition in the election being canvassed or someone who is an active participant in the campaign or candidacy of any candidate with opposition in the election being canvassed.
[Canvassing Board then elects a chair.]
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To replace:
member of the county commission
Replacement cannot be a candidate with
someone who is an active participant in the campaign or candidacy of any candidate with
[SOE still serves in an advisory capacity.]
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To replace:
the board of county commissioners appoints one of its members
Replacement cannot be a candidate with
someone who is an active participant in the campaign or candidacy of any candidate with
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Catch-all replacement provision: If a substitute member cannot be appointed as specified in the statute the chief circuit judge shall appoint a qualified elector
Replacement cannot be a candidate with
someone who is an active participant in the campaign or candidacy of any candidate with
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Appointing Alternate members – Division of Elections Opinion 12-02 – (see App D):
board member for parts of the canvassing process if a member is unable to serve.
propriety are enhanced when the canvassing board members serve the full duration of their appointment.
unnecessary to have substitute member appointed since two members of the canvasing board normally may take official action for the canvassing board if they agree on the action.
event that a board member is unable to serve or is disqualified.
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(ss. 99.061 & 105.031 – Changed in 2011)
Supervisor of Elections) performs only a ministerial duty; looks only at face of documents for completeness, not whether contents are
beyond qualifying documents.
“spectator” when contest of election is based upon ineligibility of a candidate to hold office.
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(99.021, FS – changed in 2011)
If seeking to be a party nominee, a candidate may
not change registration from one party to another party for 365 days before the beginning of qualifying preceding the general election for which seeking to qualify.
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(s. 99.095, FS)
Petitions are used to avoid paying qualifying fee & any party assessment. * Consult “Candidate Petition Handbook” at Division of Elections publications’ webpage: http://election.dos.state.fl.us/publications/publications .shtml * Must use specific form, Form DS-DE 104, without any changes (but may be enlarged or reduced proportionally). See Div. of Elections Opinion 12-03.
term at general election in years that are multiple of 4.
term at general election in years which are not multiple of 4.
commissioner takes office on 2nd Tuesday following the election.
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Election of County Commissioners - Residency Requirements
commissioner must exist “at the time of election.”
“elected” for the purposes of this paragraph on the date that the county canvassing board certifies the results of the election….”
concern residency; Grassi still applies; residency must exist at the time of election (Election Day).
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Election of County Commissioners – Residency
domicile
proof of one’s domicile is where he says it is.” (Ogden v. Ogden, 33 So. 2d 870, 873 (Fla. 1947).
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Resign-to-Run Law (s. 99.012) for sitting county commissioner seeking another public office:
another state, district, county, or municipal public office term being sought, commissioner must resign IAW law.
[NOTE: Resign-to-run law does not apply if person is running for federal office.]
qualifying period – original to County SOE; copies to Governor and Dep’t of State.
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take office.
remedy & sole remedy is removal from ballot.
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commissioner under Resign-to-Run law:
unexpired term to be filled by election at general election.
may be filled as specified in the charter.
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Resign-to-Run Law (s. 99.012) – cont’d
county or charter county where county commissioners take
Senator: Resignation date must be NLT Election Day (the date the person would take office if elected as a senator (legislators take office on Election Day)).
Attorney: Resignation date must be NLT 2 weeks after Election Day (the date successor would take office since State Attorney does not take office until January following the election).
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If a “public measure” is submitted to vote of the people:
unambiguous
enabling resolution or ordinance
“No” on ballot = disapproval of measure
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Notice of special election or referendum
(s. 100.342, FS) In any special election or referendum not
days’ notice of the election is a newspaper of general circulation in the county, district or municipality, as the case may be.
and once in third week prior to the week in which the election will occur.
notice must be posted in at least 5 places within the municipality.
(s. 101.657 – Changed in 2011)
Provides for 8-day (in lieu of a 14-day) early voting period Begins 10 days before election Ends 3 days before election No more than 12, not less than 6 hours, per day Max total hours for period is same as prior law: 96
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polling place or w/in 100 feet of the entrance to any polling place or early voting site.
been deputized by sheriff to keep order.
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zone – can it be regulated?
property rights; therefore, is up to owner to permit or not permit solicitation outside the 100-feet zone on the property.
Workers Local 1099 v. City of Sidney, 364 F. 3d 738 (6th Cir. 2004); contra, Florida AG Opn 1987-05.
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(s. 101.045 – Changed)
the polls (early voting or election day) to active uniformed services members and their families
at polls not permitted but voters are allowed to cast a provisional ballot (Poll worker must
ensure person is in precinct corresponding to new address or else provisional ballot will not count.)
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Q: What does this mean for canvassing board? A: When canvass these registered voters’ provisional ballots, board shall count ballot unless evidence exists that voter is not eligible (voted in wrong precinct, already voted early
to bring in further proof/evidence of residency/address.
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(s. 102.141- “Thou Shalt Not Sleep” law)
Voting & tabulated absentee ballot results to DOS w/in 30 minutes of poll closing
provisional ballots): Every 45 minutes until completely reported (Thus, all votes, except provisional ballots, will be tabulated and reported on election night.)
updates
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(s. 101.591 – New) No post-election voting system audit required if there is a manual recount done under s. 102.166, F.S.
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(s. 102.168 – Changed in 2011)
indispensable party for contest of municipal elections – only the board responsible for canvassing election is indispensable party (along with the successful candidate)
absentee ballot certificate with that in registration record: Judge is limited to reviewing the signatures on file to determine
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the governing body of a municipality or charter county -- Section 100.361, FS (details the procedures for the recall process)
district, only the voters from that district are eligible to sign recall petition
served ¼ of his/her term of office.
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Voters v. Browning)
Federal District Court in Tallahassee (Case No.: 4:11-cv-628-RH-WCS)
as unreasonable burden on orgs.
injunction granted; cannot enforce less than 10-day time for delivery of voter registration applications.
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Qualifying When Candidate has Changed Parties
365 day-period before beginning of qualifying if desire to be a party candidate.
Argenziano v. Browning (Case No. 2011 CA 003484). Plaintiff was Rep – switched to Independent Party of FL w/in 365-day period; wanted to switch again to run as Dem. Ruling: Law constitutional. Longer disaffiliation provisions have been upheld by FL courts. No appeal taken.
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Telli v. Broward County et al. and Antunes v. Sarasota County
FL Supreme Court – April 10th oral argument on whether county commission term limits in Broward and Sarasota County (charter counties) can exist without a need to change the Florida Constitution. Telli Decision: (May 10th) – Charter counties may impose term limits on their county commissioners (and apparently on other county officers). Antunes remanded based upon Telli ruling.
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