1
Candidate Campaign 101
Information for the Candidate and Campaign Treasurer
Provided by:Gwen ChandlerSupervisor of ElectionsOkeechobee County 03/25/2008
2
What Must a Person Do Who Seeks to Qualify For an Office?
3
Qualifying Noon, June 16, 2008 – Noon, June 20, 2008
Qualifying Noon, June 16, 2008 – Noon, June 20, 2008
File with Supervisor of ElectionsIf Not Already Filed: Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates, DS-DE 9.
Statement of Candidate, DS-DE 84
4
File During Qualifying Noon, June 16, 2008-Noon, June 20, 2008
File During Qualifying Noon, June 16, 2008-Noon, June 20, 2008
2007 Full and Public Financial Disclosure, (CE Form 6)
Loyalty Oath, Oath of Candidate, and if partisan candidate, Statement of Party
*Qualifying fee by campaign check*Candidate not qualifying by Petition Method
5
Qualifying Filling Fee
Qualifying Filling Fee
The filing fee must be:
Paid by a properly executed check;
Drawn on the campaign account; and
Not less than the fee required.
6
Constitutional Officer, County Commission, and School Board Candidates qualifying by petition process:
Must submit petitions for verification by
Noon, May 19, 2008
QualifyingPetition Process
7
Campaign Finance
8
Duties of a Campaign TreasurerDuties of a Campaign Treasurer
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.
9
Campaign Treasurer
Only the campaign treasurer or deputy treasurer can sign campaign checks.
10
Changing a Campaign Treasurer Changing a Campaign Treasurer
If the treasurer resigns or is removed, a copy of the resignation or removal letter must accompany the Reappointment of Campaign Treasurer (Form DS-DE 9) and be filed with the Supervisor of Elections for the reappointment to be effective.
11
Campaign Treasurer Reports
Filed quarterly prior to qualifying After qualifying, beginning on the 32nd
day prior to the primary, reports are filed every two weeks.
12
Campaign Report Due Dates
Due Dates Report Code Period Covered
04/10/2008 Q1 01/01/2008—03/31/2008
07/25/2008 F1 04/01/2008—07/18/2008
08/08/2008 F2 07/19/2008—08/01/2008
08/22/2008 F3 08/02/2008—08/21/2008
09/19/2008 G1 08/22/2008—09/12/2008
10/03/2008 G2 09/13/2008—09/26/2008
10/17/2008 G3 09/27/2008—10/10/2008
10/31/2008 G4 10/11/2008—10/30/2008
13
Termination Reports
Termination Reports are due with the filing officer within 90 days of a candidate becoming unopposed, withdrawing his/her candidacy, or being eliminated, or elected to office. Any candidate failing to file a termination report by the due date will be subject to a $50 per day for each late day, not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report.
Due Date Report Period Covered
09/18/2008 TR Qualifying 04/01/2008—Closing
11/24/2008 TR Primary 08/22/2008—Closing
02/02/2009 TRGeneral 10/31/2008—Closing
14
Campaign Treasurer Reports
All Campaign Treasurer Reports are completed by using the campaign reporting software provided by the Supervisor of Elections office.
Reports must be filed in the Supervisor of Elections office with original signature no later than 5 pm or postmarked by the USPS or other courier no later the due date.
15
Penalty for Late Filing
$50 per day for the first three days and $500 per day thereafter
Not to exceed 25% of the expenditures or contributions, whichever is greater
16
Penalty for Late Filing
Reports due immediately prior to primary or general election are $500 per day - not to exceed 25% etc.
17
$$$$$$ LATE FINES $$$$$$
Fines imposed by the filing officer for late fines must be paid out of the candidate’s own funds.
The Supervisor of Elections is required to assess the penalty and has no discretion in the amount imposed.
18
Repeated Late Filers
The Supervisor of Elections is required to notify the Florida Election Commission of any candidate who repeatedly files late reports.
19
Incomplete Reports
If a report is found incomplete by the Supervisor of Elections, the campaign treasurer will be notified.
3 days to file the requested information Failure to provide the requested information
constitutes a violation of Chapter 106.
20
Waivers
If you have no activity in your campaign account for a certain reporting period, you must file a Waiver of Report.
21
Termination Reports
A termination report must be filed within 90 days of withdrawing the candidacy, becoming unopposed, elected or eliminated.
22
Contribution Limits
$500 per election– primary and general are considered two
different elections $100 from a minor $50 cash or cashier’s check
contributions A candidate’s contributions to his/her
own campaign are not limited.
23
Contributions
Contributions must be deposited in the depository within 5 days of receipt
May be received via wire transfer
May accept checks, money orders, and traveler’s checks up to $500
May accept contributions from a trust
24
Contributions
May accept contributions from multiple companies owned by the same person
May accept contributions from joint checking accounts - The contributor is the one signing the check.
25
ContributionsThat Must Be Returned
Received by an opposed candidate less than 5 days prior to an election must be returned
Received after the candidate withdraws, becomes unopposed, elected or eliminated must be returned
Excessive contributions must be returned
26
Reporting Contributions
Date, name and address and amount of contribution
Contributions over $100 must also have the occupation or nature of business
27
Reporting 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
28
Reporting Contributions
In-kind contributions – Must have a description of the
contribution– Contributor is required to provide
the fair market value to the candidate.
29
Reporting ExpendituresReporting Expenditures
All expenditures must be reported by:
Date of the expenditure
Name and address of payee
Purpose of expenditure
Amount of expenditure
30
Expenditures – Reimbursements Expenditures – Reimbursements
Requires two entries on the campaign treasurer’s reports:
1. Expenditure
2. Itemized Distribution (Form 14A)
31
Expenditures – Petty Cash Expenditures – Petty Cash
Report the total amount withdrawn and the total amount spent.
Not required to be itemized
32
Expenditures Expenditures
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.
33
Loan ReportsLoan Reports
A person who is elected to office must report all personal loans, exceeding $500 in value, made to him/her and used for campaign purposes, made within the 12 months preceding his election to office.
34
Credit Cards
Pursuant to Florida Statutes, county candidates shall not use campaign credit cards.
35
Petty Cash
$500 per 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
36
Debit Cards
Obtained from the same bank as the primary depository
Can be issued to any treasurer or authorized user – limit 3
States “Campaign Account of (Name of Candidate)
File a list of authorized users with the Supervisor of Elections prior to use
Must expire no later than midnight of the last day of the month of the General Election
37
Use of Campaign Funds
May not use to defray normal living costs for the candidate or his family.
38
Prohibited Acts
Candidate cannot pay or give anything of value to speak in furtherance of his candidacy
Cannot solicit or accept a contribution in a government owned building
39
Prohibited Acts
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.
40
Prohibited Acts
Make contributions, in exchange for political support, to any religious, charitable, civic, or other cause or organizations established primarily for the public good.
41
Prohibited Acts
A candidate may not, with actual malice, make any false statement about an opposing candidate.
42
Political Advertisement
– Expressly advocates the election or defeat of a candidate
– Supports a candidate is a contribution to the candidate unless it is an independent expenditure
43
DisclaimersPolitical Advertisements
Political Advertisements Paid for by a candidate must include:
“Political advertisement paid for and approved by (Name), (party affiliation), for (office sought)”
44
Other Requirements
If the candidate is not an incumbent for the office sought, the candidate:– Cannot use the word “re-elect”– Must use the word “for” between the name and
the office sought
45
Miscellaneous
Items designed to be worn by a person must have party affiliation or NPA
VOTED. Mett(Dem)
46
Bumper Stickers
Are excluded from the provision relating to “re-elect” and “for.”
A disclaimer is required.
VOTE Slo PokeState Representative, District 2
Political advertisement paid for and approved
by Slo Poke (REP) for State Representative
VOTE Slo PokeState Representative, District 2
Political advertisement paid for and approved
by Slo Poke (REP) for State Representative
47
Novelty Items Novelty Items
A disclaimer is not required if item does not oppose a candidate.
Vote for IMA
PEALE
Vote
for I
ma
Peal
e
48
Campaign Fund Raisers
Tickets and advertising require “contribution” and disclaimer language
49
Television Broadcasts
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 Must file a written statement with the
qualifying officer setting forth the reasons for not doing so.
50
Telephone Solicitation
Must identify the person or organization sponsoring the call
Must have written approval Cannot makeup a sponsor If it is not an independent expenditure,
must have the candidate’s written approval on file with the qualifying officer prior to the time the calls begin.
51
After the Campaign
Purchase thank-you advertising. Pay for obligated items. Pay for expenses necessary to
close down the campaign. Pay yourself back for any
contributions to your campaign.
52
After the Campaign
Notice
If you qualified by the petition method, you must pay: 1% election assessment
53
Surplus Funds
Return contributions pro rata Give to a charitable organization Give $10,000 to candidate’s political party Give to General Revenue or general fund Open an office account, if elected
Top Related