HomeMy WebLinkAbout07-24-2006 Recall QuestionsAndrea Lorenzo-luaces
From: Anthony Garganese [agarganese@orlandolaw.net]
Sent: Monday, July 24, 2006 3:05 PM
To: Andrea Lorenzo-luaces
Cc: _Mayor & Commission; Jan Palladino
Subject: Recall Questions
Attachments: recall.pdf
1�F R
recall.pdf (1,020
KB)
Andrea, I received your emails yesterday and today regarding recall procedures. The issues are confusing.
However, here are short answers:
1. Apparently, a recall committee is not required to register with the city clerk until such time as the committee
meets the statutory definition of a "political committee" under chapter 106, Florida Statutes. That definition is
met when the recall committee "anticipates receiving contributions or making expenditures for the purpose of
express advocacy for the election or defeat of a candidate or the passage or defeat of an issue and those
contributions or expenditures exceed $500.00 in a single calendar year. See Attached DOE Opinions 06-05;
06-06. When and if the committee meets this legal definition is very difficult to discern and will depend on a
comprehensive understanding of the facts of the situation. Further, your office does not have the authority to
invalidate a recall petition or any recall effort if a recall committee fails to comply with this requirement. See
DOE Opinion 06-05.
2. A political advertisement published, displayed or circulated prior to, or on the day, of any election must
prominently be marked "paid political advertisement" or "pd. pol. Adv." See 106.143(1)(b), Florida Statutes.
3. With respect to counting the number of petitions, please be advised that your office only has a "ministerial
role" in counting the number of petitions. It is the Supervisor of Elections who has the actual and sole
responsibility for calculating and determining whether the requisite number of signatures has been obtained.
See DOE Opinion, 06-05, Question 4 (citing section 106.361(1)(d) and (h), Florida
Statutes.) Accordingly, you are advised not to make any formal determinations regarding the calculation of such
petitions should your office receive any. The matter should be referred to the Supervisor of Elections.
If you have any additional questions, please do not hesitate to ask. As you did with your email, I copied the
Mayor and Commission and City Manager. Please ensure that they receive this email.