WAS THAT WRONG? What Every County Attorney Needs to Know About The - PowerPoint PPT Presentation

WAS THAT WRONG? What Every County Attorney Needs to Know About The Florida Election Code RONALD G. MEYER, ESQ. MEYER, BROOKS, DEMMA AND BLOHM, P.A. 131 NORTH GADSDEN STREET TALLAHASSEE, FLORIDA 32301 WWW.MEYERBROOKSLAW.COM

Provisions Affecting Public Agencies • Section 106.15 – “Certain Acts Prohibited” – No candidate in furtherance of his or her election may use the services of any state, county, municipal, or district officer or employee during working hours – No person shall make and no person shall solicit or knowingly accept a political contribution in a governmentally owned building.

Provisions Affecting Public Agencies • Section 106.113 – “Expenditures by local governments” – A local government or a person acting on behalf of a local government may not expend or authorize the expenditure of funds for a political advertisement or electioneering communication concerning an issue, referendum or amendment subject to vote of electors

Provisions Affecting Public Agencies • Section 106.113 (cont’d) – This section does not preclude an elected official of the local government from expressing an opinion on any issue at any time – “Public funds” means all moneys under the jurisdiction or control of the local government

Provisions Affecting Public Agencies • Section 104.31 – “Political activities of state, county, and municipal officers and employees” – No officer or employee may use official authority or influence for the purpose of interfering with or influencing another person’s vote

Provisions Affecting Public Agencies • Section 104.31 (cont’d) – May not directly or indirectly coerce any other officer or employee to contribute any part of his or her salary or any money or anything else of value to any party, committee, organization, agency or person for political purposes – However, contributions may be solicited in a non-coercive manner outside of government buildings

Provisions Affecting Public Agencies • Section 104.31 (cont’d) – A county employee may not participate in any political campaign for elective office while on duty – County employees may express opinions on any candidate or issue and participate in campaigns during the employee’s off-duty hours

Advisory Opinions • DE 10-06 – Interprets Section 106.113 and states permissible activities • DE 10-07 – Clarifies that statute only applies to political advertisements • DE 12-05 – Describes lawful communications

If a Complaint is Filed • Respondent, but not Complainant, is bound by confidentiality unless waived in writing • An early response and notice of appearance is generally desirable • Be aware that timelines in initial correspondence may be enlarged upon request

If a Complaint is Filed • The process followed by FEC is: – Legal sufficiency is determined – Investigation is conducted – Report of investigation is issued and may be replied to – Recommendation of whether there is probable cause is made and may be replied to – Commission determines probable cause

If a Complaint is Filed • If no probable cause is found, the case ends and file materials become public • If probable cause is found: – Settlement options are available – Formal or informal trial is available – ALJ has final order authority if a formal hearing is requested

Ronald G. Meyer, Esquire Meyer, Brooks, Demma and Blohm, P.A. 131 North Gadsden Street Tallahassee, Florida 32302 850/878-5212 www.meyerbrookslaw.com

WAS THAT WRONG? What Every County Attorney Needs to Know About The Florida Election Code Ronald G. Meyer, Esquire Meyer, Brooks, Demma and Blohm, P.A. 131 North Gadsden Street Tallahassee, Florida 32301 www.meyerbrookslaw.com I. Section 106.15, Florida Statutes (“Certain acts prohibited”), states as follows: (1) No person shall pay money or give anything of value for the privilege of speaking at a political meeting in the furtherance of his or her candidacy, nor shall anyone speaking for such a person pay money or give anything of value for such privilege. (2) No candidate, in the furtherance of his or her candidacy for nomination or election to public office in any election, shall use any state-owned aircraft or motor vehicle, as provided in chapter 287, solely for the purpose of furthering his or her candidacy. However, in the event a candidate uses any state-owned aircraft or motor vehicle to conduct official state business and while on such trip performs any function in the furtherance of his or her candidacy for nomination or election to public office in any election, the candidate shall prorate the expenses incurred and reimburse the appropriate agency for any trip not exclusively for state business and shall pay either a prorated share of all fixed and variable expenses related to the ownership, operation, and use of such aircraft or one-half of the total fixed and variable expenses related to the ownership, operation, and use of such aircraft, whichever is greater. The reimbursement shall be made from the campaign account of the candidate. (3) 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 during working hours. (4) No person shall make and no person shall solicit or knowingly accept any political contribution in a building owned by a governmental entity. For purposes of this subsection, “accept” means to receive a contribution by personal hand delivery from a contributor or the contributor’s agent. This subsection shall not apply when a government-owned building or any portion thereof is rented for the specific purpose of holding a campaign fund raiser. (5) Any person violating the provisions of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 1

II. Section 106.113, Florida Statutes (“Expenditures by local governments”), states as follows: (1) As used in this section, the term: (a) “Local government” means: 1. A county, municipality, school district, or other political subdivision in this state; and 2. Any department, agency, board, bureau, district, commission, authority, or similar body of a county, municipality, school district, or other political subdivision of this state. (b) “Public funds” means all moneys under the jurisdiction or control of the local government. (2) A local government or a person acting on behalf of local government may not expend or authorize the expenditure of, and a person or group may not accept, public funds for a political advertisement or electioneering communication concerning an issue, referendum, or amendment, including any state question, that is subject to a vote of the electors. This subsection does not apply to an electioneering communication from a local government or a person acting on behalf of a local government which is limited to factual information. (3) With the exception of the prohibitions specified in subsection (2), this section does not preclude an elected official of the local government from expressing an opinion on any issue at any time. III. Advisory Opinions from the Division of Elections Relating to Section 106.113, Florida Statutes are attached as an Appendix to this Outline A. DE 10-06 - Interprets Section 106.113 and describes permissible activities. B. Prohibitions are, generally, tied to the definition of a “political advertisement” set forth in Section 106.011(15), Florida Statutes, which provides: (15) “Political advertisement” means a paid expression in a communications medium prescribed in subsection (4), whether radio, television, newspaper, magazine, periodical, campaign literature, direct mail, or display or by means other than the spoken word in direct conversation, which expressly advocates the election or defeat of a candidate or the approval or rejection of an issue. However, political advertisement does not include: 2