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Home My WebLink About07-07-2008 Signature on Qualifying DocumentsPage 1 of 2 Danielle Harker From: Andrea Lorenzo-luaces Sent: Monday, July 07, 2008 5:25 PM To: 'Adm - City Clerk (D. Gardner)'; Pat Wainright; 'Sarah Mirus' Cc: _City Clerk Department Subject: FW: Signatures on Qualifying Documents Just an fyi - here is something from my City Attorney on an issue we discussed when we met with Mike Ertel. Thank you, Andrea Andrea Lorenzo-Luaces, CMC City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 'Telephone: (407) 327-5955 Facsimile: (407) 327-4753 email: aluaces@vvinterspriingsfl.org `,� Please consider the environment before printing this email. From: Kate Latorre[mailto:kiatorre@oriandolaw.net) Sent: Monday, July 07, 2008 5:21 PM To: Andrea Lorenzo-luaces Subject: RE: Signatures on Qualifying Documents Andrea: Section 97.0585(2), Florida Statutes, was amended in 2005 to broaden the exemption for voters' signatures and specifically provides as follows: "(2) The signature of a voter _ registration applicant or a voter may not be copied and is exempt for that purpose from the provisions of section 119.07(1) and s. 24(a), Art. I of the State Constitution." The Legislature provided some guidance evidencing its intent behind amending the law: Section 4., (3) of Chapter Law 2005-279 provides in part: "the Legislature finds that it is a public necessity to continue the existing exemption solely from copying of voters' signatures and to expand that exemption to apply to voters' signatures as may also appear on absentee ballot certificate envelopes, provisional ballot envelopes, early -voting certificates, oranv_other voting -_related_ document that must be executed for purposes_ofv_oting or voter registration." Given that campaign finance reports and qualifying papers aren't executed for purposes of voting, but for purposes of running for elective office, it's my opinion that said signatures are not exempt from disclosure. The Legislature specifically mentions that the exemption applies to absentee ballots certificate envelopes, provisions ballot envelopes, and early voting certificates, but does not enumerate any campaign or qualifying related documents -- thus, I don't think you should extend the exemption to said documents. Keep in mind however, that bank account numbers on checks are required to be redacted under another provision of Chapter 119, F.S., no matter what the check is being provided for. I hope this helps. Let me know if you require further clarification. 7/8/2008 Page 2 of 2 Kate Latorre From: Andrea Lorenzo-luaces [mailto:aluaces@winterspringsfl.org] Sent: Monday, July 07, 2008 3:52 PM To: Kate Latorre Subject: Signatures on Qualifying Documents Kate, At a recent meeting with Mike Ertel (and some other Seminole County Clerks), there was a reference to the Florida Statutes [97.0585 (2)] and we all thought this was new — redacting signatures on Qualifying documents that might be requested — like the Campaign Finance Reports, where technically the signature of the Candidate and the Treasurer are shown, as on the Election Registers; and also on checks that may be submitted during Qualifying. Please advise if you think that the signatures that we receive on Campaign Finance Reports, on checks, on qualifying papers and the Petition would be exempt? As we already have 5 Candidates, we are constantly getting requests for copies of Campaign Finance Reports and papers submitted by Candidates. Thank you, Andrea Andrea Lorenzo-Luaces, CMC City Clerk City of Winter Springs HI 1126 East State Road 434 Winter Springs, Florida 32708 STelephone: (407) 327-5955 >�—Facsimile: (407) 327-4753 email: aluaces winterspringsfl._org b,,, Please consider the environment before printing this email It.E, o rr�O, .,,no. any ,f +{1l"mo1 € ir'i !i. cold;.3iws inform"",non intwjdC ?�J -;)1 `C1t"'tutu use `..'' lhe-Et.a!L' z£€ aht si f;r Pithy ±1,I , , of, . t• �:'r.. r as .i _srs.x r9 P ;t ,,., +<..t..ftP; mt lded r et� pi,rPE_ of the erP��ittye� (v agentrk�� r .w,i;rtt� fon rie=.iv �€n , .t'.;i the i irrr� 1 i ��r;t,3 � ,isP u �;r<; m,t,t!,�.0 h—itiexiit g .! is 5t i tly pwllibited. 4 you have received ts e wfaa in emx Please VIAH �IIIIII-I