HomeMy WebLinkAboutLegal References for Qualifying Documents - Final 2018 08 09CITY OF WINTER SPRINGS
2018 GENERAL MUNICIPAL ELECTION
LEGAL REFERENCES FOR QUALIFYING DOCUMENTS
DS-DE 9
APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDIDATES
“Campaign treasurers; deputies; primary and secondary depositories.—
(1)(a) Each candidate for nomination or election to office and each political committee shall appoint a campaign treasurer. Each person who seeks to qualify for nomination or election
to, or retention in, office shall appoint a campaign treasurer and designate a primary campaign depository before qualifying for office.”
[106.021 Florida Statutes]
“At the same time a candidate designates a campaign depository and appoints a treasurer, the candidate shall also designate the office for which he or she is a candidate.”
[106.021 Florida Statutes]
DS-DE 84
STATEMENT OF CANDIDATE
“(1) Each candidate must file a statement with the qualifying officer within 10 days after filing the appointment of campaign treasurer and designation of campaign depository, stating
that the candidate has read and understands the requirements of this chapter.”
[106.023 Florida Statutes]
Form 1/Form 1M
AFFIDAVIT OF QUALIFIED VOTER STATUS AND CITY AND DISTRICT RESIDENCY
“Eligibility. Only qualified voters of the city shall be eligible to hold the office of mayor or commissioner.”
“Each candidate seeking the office of city commissioner or mayor or any other elective office of the city shall have resided in the city one (1) year prior to the time of qualifying.
Each candidate seeking the office of city commissioner shall be a resident of a designated commission district established by ordinance and shall have resided in the designated commission
district six (6) months prior to the time of qualifying."
"All candidates for offices in municipal elections shall be registered and qualified electors of the city at the time of their qualifying as a candidate with the city clerk…”
[4.01.(b) Charter, City of Winter Springs]
LEGAL REFERENCES FOR QUALIFYING DOCUMENTS – PAGE 2
Form 2
APPLICATION FOR OFFICE AND ELECTION ASSESSMENT]
“All candidates for offices in municipal elections shall be registered and qualified electors of the city at the time of their qualifying as a candidate with the city clerk and shall
file qualifying papers in accordance with state statutes and pay the qualifying fee and election assessment provided for by city ordinances. Such application shall be filed and the
qualifying fee paid during the qualifying period established by the city commission by ordinance.”
[4.01.(b) Charter, City of Winter Springs]
“All candidates for offices in municipal elections shall be registered and qualified electors of the city at the time of their qualifying as a candidate with the city clerk and shall
file qualifying papers in accordance with state statutes and pay the qualifying fee and election assessment provided for in section 2-88. Such application shall be filed and the qualifying
fee paid during regular business hours any time after 12:00 noon on the first filing date, which shall be seventy-one (71) calendar days prior to the municipal election, but not later
than 12:00 noon on the sixty-seventh (67) calendar day prior to the municipal election. In the event, the first or last filing date falls on a Saturday, Sunday, or legal holiday, then
the subject filing date shall be rescheduled to the next regular business day.”
[2-87. Code of Ordinances, City of Winter Springs]
“All candidates for city commission and mayor, qualifying as provided in this Code, shall pay a qualifying fee of one hundred fifty dollars ($150.00). The qualifying fee and the election
assessment shall be paid to the city clerk and be paid by the clerk into the general fund of the city. Within thirty (30) days after the close of qualifying, the city clerk shall forward
the elections assessment to the Department of State.”
[2-88. (a) Code of Ordinances, City of Winter Springs]
“Pursuant to F.S. § 99.093(2), candidates who are unable to pay the election assessment without imposing an undue burden on their personal resources or resources otherwise available
to them shall upon written certification of such inability given under oath to the city clerk be exempted from paying the election assessment. Any candidate exempt from the election
assessment shall also be exempt from the city's qualifying fee.”
[2-88. (b) Code of Ordinances, City of Winter Springs]
“Each person seeking to qualify for nomination or election to a municipal office shall pay, at the time of qualifying for office, an election assessment. The election assessment shall
be an amount equal to 1 percent of the annual salary of the office sought. Within 30 days after the close of qualifying, the qualifying officer shall forward all assessments collected
pursuant to this section to the Florida Elections Commission for deposit in the Elections Commission Trust Fund.”
[99.093 (1) Florida Statutes]
LEGAL REFERENCES FOR QUALIFYING DOCUMENTS – PAGE 3
“Any person seeking to qualify for nomination or election to a municipal office who is unable to pay the election assessment without imposing an undue burden on personal resources or
on resources otherwise available to him or her shall, upon written certification of such inability given under oath to the qualifying officer, be exempt from paying the election assessment.”
[99.093 (2) Florida Statutes]
Form 3
NOTICE OF TESTING OF TABULATING EQUIPMENT
“On any day not more than 10 days prior to the commencement of early voting as provided in s. 101.657, the supervisor of elections shall have the automatic tabulating equipment publicly
tested to ascertain that the equipment will correctly count the votes cast for all offices and on all measures. If the ballots to be used at the polling place on election day are not
available at the time of the testing, the supervisor may conduct an additional test not more than 10 days before election day. Public notice of the time and place of the test shall
be given at least 48 hours prior thereto by publication on the supervisor of elections’ website and once in one or more newspapers of general circulation in the county or, if there
is no newspaper of general circulation in the county, by posting the notice in at least four conspicuous places in the county. The supervisor or the municipal elections official may,
at the time of qualifying, give written notice of the time and location of the public preelection test to each candidate qualifying with that office and obtain a signed receipt that
the notice has been given.”
[106.1435 Florida Statutes]
Form 4
NOTICE OF POLITICAL CAMPAIGN ADVERTISEMENTS/SIGNS
“(1) Each candidate, whether for a federal, state, county, or district office, shall make a good faith effort to remove all of his or her political campaign advertisements within 30
days after:
(a) Withdrawal of his or her candidacy;
(b) Having been eliminated as a candidate; or
(c) Being elected to office.
However, a candidate is not expected to remove those political campaign advertisements which are in the form of signs used by an outdoor advertising business as provided in chapter 479.
The provisions herein do not apply to political campaign advertisements placed on motor vehicles or to campaign messages designed to be worn by persons.
(2) If political campaign advertisements are not removed within the specified period, the political subdivision or governmental entity has the authority to remove such advertisements
and may charge the candidate the actual cost for such removal. Funds collected for removing such advertisements shall be deposited to the general revenue of the political subdivision.
LEGAL REFERENCES FOR QUALIFYING DOCUMENTS – PAGE 4
(3) Pursuant to chapter 479, no political campaign advertisements shall be erected, posted, painted, tacked, nailed, or otherwise displayed, placed, or located on or above any state
or county road right-of-way.
(4) The officer before whom a candidate qualifies for office shall notify the candidate, in writing, of the provisions in this section.
(5) This provision does not preclude municipalities from imposing additional or more stringent requirements on the usage and removal of political campaign advertisements.”
[106.1435 Florida Statutes]
Form 5
SCHEDULE OF CAMPAIGN FINANCE REPORTING PERIODS/DUE DATES
“(1) Each campaign treasurer designated by a candidate or political committee pursuant to s. 106.021 shall file regular reports of all contributions received, and all expenditures made,
by or on behalf of such candidate or political committee. Except as provided in paragraphs (a) and (b), reports shall be filed on the 10th day following the end of each calendar month
from the time the campaign treasurer is appointed, except that, if the 10th day following the end of a calendar month occurs on a Saturday, Sunday, or legal holiday, the report shall
be filed on the next following day that is not a Saturday, Sunday, or legal holiday. Monthly reports shall include all contributions received and expenditures made during the calendar
month which have not otherwise been reported pursuant to this section.”
“(e) The filing officer shall provide each candidate with a schedule designating the beginning and end of reporting periods as well as the corresponding designated due dates.”
“(4)(c) The filing officer shall make available to any candidate or committee a reporting form which the candidate or committee may use to indicate contributions received by the candidate
or committee but returned to the contributor before deposit.”
[106.07 Florida Statutes]
Form 6
NOTICE OF ACCESS TO CAMPAIGN FINANCE FORMS
“All candidates for elected office in the City of Winter Springs shall electronically file their campaign treasurer's reports required by state law utilizing the Seminole County Supervisor
of Elections Office's electronic filing system. The electronic filing deadline for a completed campaign report shall be the same as the deadline established by law for filing an original
paper copy of the report with the city's filing officer.”
[2-97. Code of Ordinances, City of Winter Springs]
LEGAL REFERENCES FOR QUALIFYING DOCUMENTS – PAGE 5
Form 7
CANDIDATE PETITION
“Each candidate seeking the office of city commissioner or mayor or any other elective office of the city shall file a petition signed by fifteen (15) registered voters of the city with
the city clerk.” [2-87. Code of Ordinances, City of Winter Springs]
CANDIDATE OATH
“(1)(a)1. Each candidate, whether a party candidate, a candidate with no party affiliation, or a write-in candidate, in order to qualify for nomination or election to any office other
than a judicial office as defined in chapter 105 or a federal office, shall take and subscribe to an oath or affirmation in writing. A copy of the oath or affirmation shall be made
available to the candidate by the officer before whom such candidate seeks to qualify and shall be substantially in the following form:
State of Florida
County of
Before me, an officer authorized to administer oaths, personally appeared (please print name as you wish it to appear on the ballot) , to me well known, who, being sworn, says that
he or she is a candidate for the office of ; that he or she is a qualified elector of County, Florida; that he or she is qualified under the Constitution and the laws of Florida
to hold the office to which he or she desires to be nominated or elected; that he or she has qualified for no other public office in the state, the term of which office or any part
thereof runs concurrent with that of the office he or she seeks; that he or she has resigned from any office from which he or she is required to resign pursuant to s. 99.012, Florida
Statutes; and that he or she will support the Constitution of the United States and the Constitution of the State of Florida.
(Signature of candidate)
(Address)
Sworn to and subscribed before me this day of , (year) , at County, Florida.
(Signature and title of officer administering oath)”
[99.021 (1)(a)1. Florida Statutes]
LEGAL REFERENCES FOR QUALIFYING DOCUMENTS – PAGE 6
Optional
AFFIDAVIT OF UNDUE BURDEN
“(2) Any person seeking to qualify for nomination or election to a municipal office who is unable to pay the election assessment without imposing an undue burden on personal resources
or on resources otherwise available to him or her shall, upon written certification of such inability given under oath to the qualifying officer, be exempt from paying the election
assessment.”
[99.093 (2) Florida Statutes]
Pursuant to F.S. § 99.093(2), candidates who are unable to pay the election assessment without imposing an undue burden on their personal resources or resources otherwise available to
them shall upon written certification of such inability given under oath to the city clerk be exempted from paying the election assessment. Any candidate exempt from the election assessment
shall also be exempt from the city's qualifying fee.
[2-88. (b) Code of Ordinances, City of Winter Springs]
Revised 8/9/2018