1 Candidate Campaign 101 Information for the Candidate and Campaign Treasurer Provided by: Gwen Chandler Supervisor of Elections Okeechobee 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 File with Supervisor of Elections If 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, 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 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 Qualifying Petition Process

7 Campaign Finance

8 Duties 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 n Only the campaign treasurer or deputy treasurer can sign campaign checks.

10 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 n Filed quarterly prior to qualifying n After qualifying, beginning on the 32 nd day prior to the primary, reports are filed every two weeks.

12 Campaign Report Due Dates Due DatesReport CodePeriod Covered 04/10/2008Q101/01/2008—03/31/ /25/2008F104/01/2008—07/18/ /08/2008F207/19/2008—08/01/ /22/2008F308/02/2008—08/21/ /19/2008G108/22/2008—09/12/ /03/2008G209/13/2008—09/26/ /17/2008G309/27/2008—10/10/ /31/2008G410/11/2008—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 DateReportPeriod Covered 09/18/2008TR Qualifying04/01/2008—Closing 11/24/2008TR Primary08/22/2008—Closing 02/02/2009TRGeneral10/31/2008—Closing

14 Campaign Treasurer Reports n All Campaign Treasurer Reports are completed by using the campaign reporting software provided by the Supervisor of Elections office. n 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 n $50 per day for the first three days and $500 per day thereafter n Not to exceed 25% of the expenditures or contributions, whichever is greater

16 Penalty for Late Filing n 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 n The Supervisor of Elections is required to notify the Florida Election Commission of any candidate who repeatedly files late reports.

19 Incomplete Reports n If a report is found incomplete by the Supervisor of Elections, the campaign treasurer will be notified. n 3 days to file the requested information n 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 n A termination report must be filed within 90 days of withdrawing the candidacy, becoming unopposed, elected or eliminated.

22 Contribution Limits n $500 per election – primary and general are considered two different elections n $100 from a minor n $50 cash or cashier’s check contributions n A candidate’s contributions to his/her own campaign are not limited.

23 Contributions n Contributions must be deposited in the depository within 5 days of receipt n May be received via wire transfer n May accept checks, money orders, and traveler’s checks up to $500 n May accept contributions from a trust

24 Contributions n May accept contributions from multiple companies owned by the same person n May accept contributions from joint checking accounts - The contributor is the one signing the check.

25 Contributions That Must Be Returned n Received by an opposed candidate less than 5 days prior to an election must be returned n Received after the candidate withdraws, becomes unopposed, elected or eliminated must be returned n Excessive contributions must be returned

26 Reporting Contributions n Date, name and address and amount of contribution n Contributions over $100 must also have the occupation or nature of business

27 Reporting Anonymous Contributions n Must be reported n A cover letter should accompany the report. n The candidate should not spend the anonymous contribution. n Donate the amount to an appropriate entity under Section , F.S. after the campaign

28 Reporting Contributions n In-kind contributions – Must have a description of the contribution – Contributor is required to provide the fair market value to the candidate.

29 Reporting 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 Requires two entries on the campaign treasurer’s reports: 1.Expenditure 2.Itemized Distribution (Form 14A)

31 Expenditures – Petty Cash Report the total amount withdrawn and the total amount spent. Not required to be itemized

32 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 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 n Obtained from the same bank as the primary depository n Can be issued to any treasurer or authorized user – limit 3 n States “Campaign Account of (Name of Candidate) n File a list of authorized users with the Supervisor of Elections prior to use n 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 n Candidate cannot pay or give anything of value to speak in furtherance of his candidacy n Cannot solicit or accept a contribution in a government owned building

39 Prohibited Acts n Use the services of any state, county, municipal, or district officer or employee of the state during working hours. n 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 n 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 Disclaimers Political 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 n 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 n Items designed to be worn by a person must have party affiliation or NPA VOTE D. Mett (Dem)

46 Bumper Stickers n Are excluded from the provision relating to “re-elect” and “for.” n A disclaimer is required. VOTE Slo Poke State Representative, District 2 Political advertisement paid for and approved by Slo Poke (REP) for State Representative VOTE Slo Poke State Representative, District 2 Political advertisement paid for and approved by Slo Poke (REP) for State Representative

47 Novelty Items A disclaimer is not required if item does not oppose a candidate. Vote for IMA PEALE Vote for Ima Peale

48 Campaign Fund Raisers n Tickets and advertising require “contribution” and disclaimer language

49 Television Broadcasts n 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 n Must file a written statement with the qualifying officer setting forth the reasons for not doing so.

50 Telephone Solicitation n Must identify the person or organization sponsoring the call n Must have written approval n Cannot makeup a sponsor n 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 n Purchase thank-you advertising. n Pay for obligated items. n Pay for expenses necessary to close down the campaign. n Pay yourself back for any contributions to your campaign.

52 After the Campaign Notice n If you qualified by the petition method, you must pay: 1% election assessment

53 Surplus Funds n Return contributions pro rata n Give to a charitable organization n Give $10,000 to candidate’s political party n Give to General Revenue or general fund n Open an office account, if elected