The Election Ride PBCMCA Election Manual Review November 30, 2016 - - PowerPoint PPT Presentation
The Election Ride PBCMCA Election Manual Review November 30, 2016 9:00 a.m. to 5:00 p.m. David B. Farber Training Center 1050 B Royal Palm Beach Boulevard, Royal Palm Beach, FL 1 T oday we will venture into - Where do I begin?
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November 30, 2016 9:00 a.m. to 5:00 p.m. David B. Farber Training Center 1050 B Royal Palm Beach Boulevard, Royal Palm Beach, FL PBCMCA Election Manual Review
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First, know that you can do this!
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Secondly, you must know the contents of
your municipal Charter and Code as it relates to your election
by your Code of Ordinances that may be different from Florida Election Laws?
Advance preparation is key
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Start working on your election four to
five months, or more, out from the date
Take your time in preparing everything If you have questions, use your resources
to find the answers
Serve as Supervisor of Elections and Filing
Officer for your municipality
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Chapter 1
qualifying papers
qualifying papers are accurate
Defines responsibilities of each party Outlines associated costs Must accompany an Ordinance or
Resolution
Must contain:
Authority for SOE to conduct the municipal election Define members of your canvassing board
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Do not anticipate receipt of the agreement until November or December of each year
Chapter 2
This calendar should include dates for:
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Chapter 5
This calendar should include dates for:
last election
polling locations
Elections
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Chapter 5
Now, that’s a lot of dates! Can easily be calculated
Manual (Chapter 5), and
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http://www.timeanddate.com/date/dateadd. html
Chapter 5
What to include?
candidate will need to further their candidacy and understand applicable laws
Basic information should include:
DS-DE 9; Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates DS-DE 84; Statement of Candidate (file within 10 days of filing DS-DE 9) DS-DE25; Candidate Oath - Nonpartisan Office Form 1; Statement of Financial Interests (this form can be downloaded from the Florida Commission on Ethics)
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Chapter 9
What to include?
Basic information should include continued:
Candidate and Campaign Treasurer Handbook Campaign Treasurer's Reporting Schedule Campaign Treasurer's Reporting Forms: DS-DE 12; Report Summary DS-DE 13; Itemized Contributions DS-DE 14; Itemized Expenditures DS-DE 87; Waiver of Report DS-DE 2; Contributions Returned DS-DE 86; Request for Return of Contributions DS-DE 125; Designation of Poll Watchers
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Chapter 9
What to include?
Affidavit of Undue Burden (if applicable) Acknowledgement of Certification of L&A Canvassing Board Meetings, Schedule List of Precincts and Polling Locations Polling Location Rules Florida and Municipal Laws governing Campaign Signs Compilation of Election Laws
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Chapter 9
What to include?
Florida Commission on Ethics Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees Gifts Law Palm Beach County Code of Ethics and Ethics Pledge Municipal Charter and Code governing Elections Municipal Charter and Code governing responsibilities of elected officials
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Chapter 9
What to include?
How to file a complaint of alleged violation of Election Laws Petition process, include form DS-DE 104, Candidate Petition How to obtain an EIN
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Chapter 9
State Law governs legal notices to be in
both English and Spanish
State Law governs legal notice for
qualifying and election dates shall be published, in a newspaper of general circulation in each county, twice within 30 days prior to beginning of qualifying
State Law governs Sample Ballot shall be
published in a newspaper of general circulation in the county, prior to the day
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Chapter 6
State Law governs Special Election or
Referendums be published at least twice,
and again in the 3rd week prior to the election
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VERY SPECIFIC, MUST PAY CLOSE ATTENTION TO PUBLICATION DATES! Chapter 6
Election Calendar Candidate Packets Legal Notices
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Secure Polling Locations Secure Poll Workers – Retain alternates Coordinate Poll Worker Training with
SOE staff
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Chapters 7 & 8
Prepare a checklist
Voter Card (if applicable)
candidates to SOE
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Chapter 10
Appointed by candidate Must be a registered voter of the County
in which they are a poll watcher
Each candidate is allowed to have one
watcher at each polling place at any one time
Poll watchers must be approved by the
SOE at least 7 days prior to the election
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Chapter 11
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CAMPAIGN CRAP!!!
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Chapter 12
Reporting Forms – Campaign finance
reports are submitted on Division of Elections forms. A typical report will consist
Summary
Itemized Contributions
Itemized Expenditures or
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Chapter 12
Reports
review reports for completeness and accuracy
Not required to validate content of report relating to names and addresses of contributor or expenditure, and contributor type/occupation
Incomplete Reports
receiving report
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Chapter 12
Late Filing of Reports
Must notify candidate immediately Subject to State assessed fine(s) determined by filing
Fine(s) to be paid by candidate’s personal funds, not
campaign funds
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Chapter 12
Penalty for Late Reports (based on each
reporting period)
thereafter, $500 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater
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Chapter 12
Penalty for Late Reports (based on each
reporting period) Continued
each primary, general, or special election the fine is $500 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater
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Chapter 12
Penalty for Late Reports (based on each
reporting period) Continued
for each day late not to exceed 25% of contributions or expenditures (whichever is greater) and it does not increase to $500 after the 3rd day late.
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Chapter 12
Late-filed Reports; Unusual Circumstances
immediate family member of either
candidate, campaign treasurer, or an immediate family member of either
could not have been anticipated
treasurer
mail a letter to the candidate that a report is late no later than seven days after the report was due
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Chapter 12
Automatic Fine Appeal Process
notice for payment of fine
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Chapter 12
Contributions
Cash or cashier’s check $50 per election Other contributions (to include money orders) $1,000 per election
General, Special, and Run-Off elections are considered separate elections
Anonymous Contributions
cannot be spent Funds must be donated to an appropriate entity under Section 106.141, F.S.
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Chapter 12
Unauthorized Contributions
building
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Chapter 12
In-Kind Contributions
Exceptions
Money Personal services (volunteers) Independent expenditures Endorsements of 3 or more candidates by political committees or parties
Limit
$1,000 per person, per election
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Chapter 12
Debit and Credit Card Contributions
Fund Raisers
contributions,
restrictions, as other campaign contributions
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Chapter 12
Expenditures
except for petty cash transactions
issuing a check
expenses
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Chapter 12
Petty Cash
transportation expenses, and other necessities
reported during each reporting period
cash
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Chapter 12
Petty Cash Continued
$500 per calendar quarter until qualifying ends After qualifying ends, $100 per week
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Chapter 12
Prior to Disposing of Surplus Funds
previously reported contributions/loans made by the candidate
signatures
a waived assessment fee
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Chapter 12
Disbursement of Surplus Funds
election process, he or she may only expend funds from the campaign account to:
Purchase “thank you” advertising Pay for previous obligated items Pay for expenditures necessary to close campaign
Dispose of surplus funds as provided in Section 106.141, F.S.
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Chapter 12
Disposing of Surplus Funds
Return pro rata to each contributor Donate funds to a 501(c)(3) organization Give funds to a political party of which the candidate is a member Donate to municipality to be deposited in the general fund Transfer (up to $5,000 multiplied by the number of years in the term of office) funds to an office
requirements.]
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Chapter 12
T
ermination (Final) Report
least 14 days before the due date
candidate is no longer involved in the election process
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Chapter 12
Candidates running for non-partisan office
may not state the candidate’s political party affiliation in the disclaimer, or in the body of the advertisement. Exception: The candidate is not prohibited from stating the candidate’s partisan related experience
Therefore, political ads paid for by a
candidate shall state: “Political advertisement paid for and approved by (name of candidate), for (office sought)” or “Paid by (name of candidate), for (office sought).”
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Chapter 13
Exceptions are many, below are two
examples
items, i.e. clothing, buttons, pens/pencils, bumper sticker, etc.
message via Short Message Service, provided the message is no more than 200 characters in length or requires the recipient to sign up
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Chapter 13
Other Forms of Advertising/Disclaimers
Expenditures
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Chapter 13
Campaign Signs Usage and removal of political campaign
advertisements
political campaign advertisements within 30 days after:
(a) Withdrawal of his or her candidacy; (b) Having been eliminated as a candidate; or (c) Being elected to office.
However, a candidate is not expected to remove those
political campaign advertisements which are in the form
provided in chapter 479. The provisions herein do not apply to political campaign advertisements placed on motor vehicles or to campaign messages designed to be worn by persons
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Chapter 13
Responsibilities
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Chapter 15
Expect a long day – arrive early, before
the polls open. Expect to be extremely late, as you are required to take certain election materials to the Tabulation Center that same evening
Have all contact information for your
polling locations
Visit your polling locations several times
throughout the day
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Chapter 14
Important – what happens outside the
100’ zone is not your responsibility, but that of law enforcement
Equipment malfunction – report to
County SOE
Communicate with Canvassing Board
members to insure their attendance at the Tabulation Center after the polls close
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Chapter 14
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Chapter 14
Prepare Oath of Office for elected
Remind Candidates/Newly Elected
Officials to file their appropriate Form 1
Plan an Orientation for newly elected
Provide Ethics training information Arrange for photos, business cards
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Chapters 17 & 18
Arrange for newly elected officials to
meet with Human Resources to complete required documents
Newly elected official may wish to tour
municipal facilities or meet with Department Heads
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Chapters 17 & 18
Maintain an Election file consisting of all
documents relating to the election, consisting of, but not limited to:
documents, communications, checklist, etc.
publication, etc.
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Chapters 17 & 18
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Until next time!
Presented by PBCMCA 2016-2017 Election Committee