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Candidate Campaign 101

Information for the Candidate and Campaign Treasurer

Provided by:Gwen ChandlerSupervisor of ElectionsOkeechobee County 03/25/2008

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What Must a Person Do Who Seeks to Qualify For an Office?

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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

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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

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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.

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Constitutional Officer, County Commission, and School Board Candidates qualifying by petition process:

Must submit petitions for verification by

Noon, May 19, 2008

QualifyingPetition Process

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Campaign Finance

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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.

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Campaign Treasurer

Only the campaign treasurer or deputy treasurer can sign campaign checks.

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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.

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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.

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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

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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

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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.

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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

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Penalty for Late Filing

Reports due immediately prior to primary or general election are $500 per day - not to exceed 25% etc.

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$$$$$$ LATE FINES $$$$$$

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.

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Repeated Late Filers

The Supervisor of Elections is required to notify the Florida Election Commission of any candidate who repeatedly files late reports.

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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.

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Waivers

If you have no activity in your campaign account for a certain reporting period, you must file a Waiver of Report.

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Termination Reports

A termination report must be filed within 90 days of withdrawing the candidacy, becoming unopposed, elected or eliminated.

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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.

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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

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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.

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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

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Reporting Contributions

Date, name and address and amount of contribution

Contributions over $100 must also have the occupation or nature of business

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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

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Reporting Contributions

In-kind contributions – Must have a description of the

contribution– Contributor is required to provide

the fair market value to the candidate.

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Reporting ExpendituresReporting Expenditures

All expenditures must be reported by:

Date of the expenditure

Name and address of payee

Purpose of expenditure

Amount of expenditure

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Expenditures – Reimbursements Expenditures – Reimbursements

Requires two entries on the campaign treasurer’s reports:

1. Expenditure

2. Itemized Distribution (Form 14A)

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Expenditures – Petty Cash Expenditures – Petty Cash

Report the total amount withdrawn and the total amount spent.

Not required to be itemized

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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.

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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.

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Credit Cards

Pursuant to Florida Statutes, county candidates shall not use campaign credit cards.

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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

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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

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Use of Campaign Funds

May not use to defray normal living costs for the candidate or his family.

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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

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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.

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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.

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Prohibited Acts

A candidate may not, with actual malice, make any false statement about an opposing candidate.

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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

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DisclaimersPolitical Advertisements

Political Advertisements Paid for by a candidate must include:

“Political advertisement paid for and approved by (Name), (party affiliation), for (office sought)”

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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

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Miscellaneous

Items designed to be worn by a person must have party affiliation or NPA

VOTED. Mett(Dem)

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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

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Novelty Items Novelty Items

A disclaimer is not required if item does not oppose a candidate.

Vote for IMA

PEALE

Vote

for I

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Peal

e

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Campaign Fund Raisers

Tickets and advertising require “contribution” and disclaimer language

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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.

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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.

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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.

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After the Campaign

Notice

If you qualified by the petition method, you must pay: 1% election assessment

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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