HomeMy WebLinkAbout03-05-2014 Election Law ChangesAndrea Lorenzo-Luaces
From:
Anthony A. Garganese [agarganese@orlandolaw. net]
Sent:
Wednesday, March 05, 2014 1:39 PM
To:
Andrea Lorenzo-Luaces
Cc:
Kate Latorre
Subject:
RE: Election Law changes
Importance: High
Andrea,
Based on our telephone conference today, I had to conduct some detective work to ascertain what I suspect is the
genesis of your January 13, 2013 email.
Apparently, the City of Casselberry recently modified the City's local campaign treasurer's reporting requirements per
Ordinance 13-1399. Casselberry had the same requirements that are currently set forth in Winter Springs Code Section
2-97. Casselberry's changes are as follows:
Electronic filing of campaign finance reports required. All candidates for elected office in the City of
Casselberry shall electronically file their campaign treasurer's reports required by State law utilizing with the
Seminole County Supervisor of Elections Office's electronic filing system. by utilizing toe cµpefvis""'" online
Tl- eleetr-eflie deadline f-.�rlotol; .. shall be
filing ��+ �H
e
the same as the deadline established by jaw fer- fifing an or-iginal paper- eepy of the report with the
s filing
effieer., the City Glefk. -e.lee+,-.-..ie filing fequired by this seetien shall be deemed supplefnefAal and in
addition te fifing an original paper eepy of the eampaign es r-epeA with the '
s filing offleef, the City
C;Iefk.
Consequently, Casselberry is no longer requiring paper copies of reports be filed with the Clerk's office and is relying
solely upon the reports being electronically filed with the Supervisor. It appears that Casselberry is attempting to
streamline the reporting requirements by eliminating redundancy. In essence, the Casselberry Clerk is using the
Supervisor's electronic system as a PO Box for purposes of meeting the statutory requirement that campaign reports be
filed with the officer before whom the candidate is required by law to qualify for office. See §106.07 (2)(a)1., Fla. Stat. I
presume the Casselberry Clerk will instruct candidates about this process and retrieve the reports filed on a timely basis
for the Clerk's purposes and for meeting the filing requirements. I don't know how this approach will work out from a
practical standpoint or whether other communities handle it this way.
This change is not required by law and was done at Casselberry's discretion. I presume the Casselberry Clerk's office is
going to reconcile her system with the Campaign Report filing date requirements under the Florida Statutes.
As you are aware, Section 106.07(1) establishes the reporting dates for campaign reports for candidates and political
committees. Each campaign treasurer is required to file regular reports. As I read the statute, the reporting is initially
required on a monthly basis generally on the 10th day following the end of each calendar month from the time that the
treasurer is appointed. However, the reporting time period then shortens pursuant to subparagraph (b) therein starting
on the 60th day immediately preceding the primary election. At that point in the election cycle, the campaign reports
will then be filed with the filing officer "on the 60th day immediately preceding the primary election, and biweekly on
each Friday thereafter through and including the 4th day immediately preceding the general election, with additional
reports due on the 25th and 11th days before the primary election and the general election."
On another note, I'm not sure whether you are questioning the requirements that candidates electronically report to
the Supervisor. As I noted over the phone, Section 106.0705, Florida Statutes requires the reports to be filed "by means
of the [Division of Election's] electronic filing system." The division is required to adopt rules to administer this
requirement. They are also authorized to permit "alternate filing procedures in case the division's electronic system is
not operable." The division' rule states in relevant part:
e) Electronic reports must be completed and filed through the Division's electronic filing system no later than midnight,
Eastern Time, of the due date. In the event that the electronic filing system is inoperable on the date a report is due, the
report will be accepted as timely filed if filed no later than midnight, Eastern Time, of the first business day the
electronic filing system becomes operable again. No fine will be levied during the period the electronic filing system was
inoperable.
Fla. Admin. Code Ann. r. 1S-2.017
I am not familiar with the practical mechanics of filing these reports with the Division's internet system. I contacted
Supervisor Ertel about this today, but was unable to reach him. My hunch is the Supervisors throughout the state
coordinate this process with the Division of Elections and that the reference to the Supervisor in the City Code, Section
2-97, is correct or if in error, the error is form over substance because the Supervisors are coordinating this effort with
the Division anyway.
Lastly, I don't really understand your reference to the Orange County Clerk and Supervisor and whether it has any
bearing to what I suspect is the basis of your inquiry.
Let me know if you need anything further or whether you get clarification at your meeting today.
As always, let me know if I can be of any assistance.
Regards,
Anthony
Anthony A Garganese, Managing Shareholder
Board Certified City, County & Local Government Law
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32801
P.O. Box 2873 (32802-2873)
Phone (407) 425-9566
Fax (407) 425-9596
Kissimmee (321) 402-0144
Cocoa (866) 425-9566
Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net
Email: agar aneseAorlandolaw.net
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From: Andrea Lorenzo-Luaces[mailto:aluaces@winterspringsfl.org]
Sent: Monday, March 03, 2014 5:35 PM
To: Anthony A. Garganese; Kate Latorre
Subject: FW: Election Law changes
Hi there,
Just wondering if you could possibly look at this and let me know what you think, as Seminole County City
Clerks are meeting Wednesday with Mike Ertel, and I know this issue will come up. I have also been working
on a couple of other election issues I could use your advice on, and will get those comments to you, as soon as I
can.
Thank you,
Andrea
f..
Andrea Lorenzo-Luaces, MMC City Clerk
The City of Winter Springs
+ 1126 East State Road 434, Winter Springs, Florida 32708
( Direct Telephone: (407) 327-5955
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