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Home My WebLink About1999 - Division of Elections Opinions - Election Assessment.pdf----------- ••• • • 137-199'3 11:32 .»)UISION OF ELECT10'~S 850 488 '3566 P.02DlYISIl>N lit bLti&.<llyn,) Ur uw....">J Section 100.011, Florida Stannes, provides in pertinent part: I] (1) The poUt shall be open at Ihe voting places at 7:00 s.m., on the day of the election, M1d shall be kept open unti17:00p,m., of the same day.... .. (2) The time of openingand closing of thepollsshalt be observedm allelectionsheld inthis state, including municipal and school elections. • As this section specifically spplles 10 municipal elections, tlw polls must remain open in Orchid from 7;00 a.m. 10 7:00 p.m, as mandated. II In addition, tho polls must be open regardless of whether or not all registered voters have cast absentee ballots prior to lite date of me election. SUMMARY II The polls in a municipality must remain open pursuant 10 Section lOO.m J, florida Statutes. from 7:00 II a.rn. (0 7:00 p.m. regardless of whether or nol all registered voters have cast their votes. The polJil'lg locations must be open in a mllnicipalit)' even if all the registered voters have cast absentee ballots prior to the date of the election. II • ELECTION ASSESSMENT SECTION 99.093(1), F.S. To: Mr. Bill C Kascaveus, Village Clerk, Village of Tequesta, Post Office Box 3'273. Tequura. FIoridt133649 •Prl!p;1red by: Division ofElections 'Ibis is in reference to your request for an advisory opinion regatding the One percent election assessment levied upon municipal candidates as provided in Section 99.093(j), Florida Statutes. AJs you are a mUniciptU clerk, the Division of Elections has authority under Section t 06.23(2), Florida Statutes, to issue an advisory opinion to you relating to the florida Election Code, ChaptcIl97-106, Florida Statutes. You asked uie following question; Whether a candidate for the office of council member for the Tequesta Village Council rnusr pay the one percellt election assessment requited by Secucn 99.093{l), Aorida StalutM, where council members. allhough they receive no salary, receive a montlJly per diem of $2007 _ Section 99:093(1), Florida, Statutes, provides that all candidates for municipal office shall pay an election assessment at the ume of qualifying equal to one percent of the salary of the office sought. Simply put, your question rs whether the mOllthly per diem is .::onsiderM 10 be a salary. • . Black·~ Law Dictioms.y defines pe~ diem as "en allowance or amount of so much per day ...generally, as used In connection with compensation, wages or salary. means pay for a day's service." Black's Law Dictionary l~ (5th eo. 1')79}. SalaI)' is defined as "stated compensJtion paid periodically by the year. month or other fixed period." Bl.ack's Law Dictionary 1200 (5th ed. 1979). Additionally. the legal treaties Florida Jurisprudence. Second Series, notes that tlte Outstanding feature of a salary is that it is Iixed ccmpcnsetion over a period of time. See 9 Aa J'If, 2d, Civil Servants S, 141. i 109 , VjVI~IU[', Ur-~LI::.~IIUH::J 85(3 438 9SuU P.03 DMSION Of ELECDONS' OPINIONS ~ ..Based upon the foregoing ddinitions. a monthly per diem of $200 that is paid to council members, without the requirement that ClI.p"IISCS.~ incurred in order to receive the pet diem. IS "fixed compensetlcn Over a I' period of.time~ that is equtvetem to a. aalary. The courts have determined that the term "per diem" is synonymous with "salary" when it is i1'l. tho context of compensation for services and not the repayment of money ~xpellded in . the discharge of duues of the office. See ~eay y. Nolan, 7 S,W. 2d 815 <Tenn. 1928). Therefore, the annual per diem amount of $2400 should be considered as a sahu)' for the purpose of the" II election assessment, A candldale desiring to qualify for a village council race is to pay, in addition to the $30 qlJ~ifying fee. the $Z4 election assessment or pursuant to Section 99.093(2}, AoridaSUituteB, he: may fde a sworn OWl stating that he is unable to pay the election assessment without imposing an undue burden on his personal IIresourcesor resourcesotherwise A~ailat:lle eohim. SUMMARY A candidate for the office of village council member, which office receives a monthly per diem. must • either pay the election assessment or file a sworn oath stating that he is unable to pay the election assessment without it imposing art undue burden on his personal resources or resources otherwise available to him. • ..DE 90.06 -~ February 8, 1990 AUTHORlTY TO REQUEST VOTER INFORMATION IISECTION 98.211, F.S. To: Honorable Kurt Browning, Supervisor of EltctlOnJ, Pasco COUllI)'. COUllI)' Courtbause, 705 East Live On/( Avenue. Dcu1e City, Florida 33525 II To." Honorable Peggy S. Robbins. Supervisor Of Elections, Martin Coun/)', Post Office Box 1257. Sru{)tT, Florida 34995 Prepared by; Division of Erections •r:This i~ ill. reference to your requests for advisory opinions. Under Section 106.23(2). Florida Statutes. the Division of Elections has authOrity to issue advisory opinions relating to the Honda Election Code, Chapters 97.1M. Florida Statute!. to several categories of persons, including supervisors of elections. Your specific questions. are: • 1) May any or the entities listed in Section 98.21l (2). Florida Statutes, give their authority to IIrequest voter informatlcn from the supervisor of elections 10 a third party, such 2.S oil mailin,g house or data processing firm'? 2) If the answer to question number one is in the affirmative, who is responsible for completing the Oath of Acquisition: The entity specified by statute or the third party? • 3) Is 11 supervisor prohibited by Section 98.211(l)(b), Florida Statutes. from furnishing information to an a~ent ether than information relaung [0 electors who voted in the most recent •election? •Section 98.2U{I), Florida Statutes, provides that while <he voter registration books are public records. only the following categories of persons mlily receive copies of voter regtsrratlon infotrr'lation:_ , 110 ,