ELECTION INFORMATION CITY OF BELLEVIEW ELECTION NOVEMBER 4, 2014 WWW.BELLEVIEWFL.ORG CITY OF BELLEVIEW ELECTION 2014 INFORMATION ELECTION DATE: NOVEMBER 4, 2014 SEATS OPEN: MAYOR: FOR A TWO YEAR TERM MAYOR CHRISTINE DOBKOWSKI COMMISSIONERS: FOR A FOUR-YEAR TERM Seat 1: COMMISSIONER MICHAEL GOLDMAN Seat 3: COMMISSIONER RONALD LIVSEY CANDIDATE QUALIFICATIONS: • • • • • • RESIDENT OF AND HAVE LIVED IN THE CITY OF BELLEVIEW FOR TWO (2) YEARS IMMEDIATELY PRECEDING DATE OF ELECTION RESIDENT OF THE STATE OF FLORIDA AND A CITIZEN OF THE UNITED STATES QUALIFIED TO VOTE IN CITY, COUNTY, AND NATIONAL ELECTIONS 18 YEARS OF AGE OR OLDER PAID $108.00 CITY QUALIFYING FEE PAID $36.00 STATE ELECTION ASSESSMENT FEE WHICH IS 1% OF THE ELECTED OFFICIALS ANNUAL SALARY VOTER REGISTRATION FORMS ARE AVAILABLE AT BELLEVIEW CITY HALL VOTER REGISTRATION BOOKS WILL CLOSE FOR THIS ELECTION ON MONDAY, OCTOBER 6, 2014 AT 5:00 PM. QUALIFICATION: Opens at 8:00 AM on August 18, 2014 Closes at 4:00 PM on August 21, 2014 1 City of Belleview ELECTION 2014 INFORMATION A. APPOINTING A CAMPAIGN TREASURER AND NAMING A DEPOSITOR Submit this form to the City Clerk’s office BEFORE opening your bank account (a copy of the executed form will be given to you to take to the bank /depository). 1. F.S. 106.021 requires you to file your Appointment of Campaign Treasurer and Designation of Campaign Depository (Form DS-DE9) with the Belleview City Clerk’s Office BEFORE any contributions are accepted or any expenditures are made. a. Your campaign treasurer must be a registered voter in the State of Florida and must accept the position in writing by signing the appointment form. Your campaign treasurer may serve as treasurer for more than one candidate. You may serve as your own campaign treasurer. b. Your campaign depository may be any bank, savings and loan association, or credit union authorized to transact business in the state of Florida. B. QUALIFYING FOR CITY OF BELLEVIEW ELECTION A person is not a CANDIDATE until they are qualified by the City of Belleview Clerk’s Office. 1. After you have opened your bank account come to City Hall to qualify for the elections. The following information will need to be filed with the Clerk’s Office in order to qualify to run for a City of Belleview Commission Seat: *Notice of Candidacy *Loyalty Oath *Form 1 Financial disclosure *Public Test of Vote Tabulating Equipment *Statement of Candidate (within 10 days of appointment of campaign treasurer) *Campaign Check: (One check for TOTAL amount can be submitted) $108.00 City of Belleview Filing Fee $ 36.00 State Election Assessment TOTAL = $144.00 (or Affidavit of Undue Burden for State Assessment only) 2 City of Belleview ELECTION 2014 INFORMATION C. CAMPAIGN TREASURER DUTIES & CAMPAIGN TREASURER’S REPORTS: 1. Duties of a Campaign Treasurer (F.S. 106.05, 106.06, 106.07) a) Deposit all contributions into the campaign account by the end of the 5th business day after receipt (excludes Saturdays, Sundays and legal holidays.) b) Pay all expenditures by check, drawn on the campaign account. c) Keep detailed accounts, records, bills and receipts of all transactions; retain the records for the term of office of position sought. d) Prepare campaign reports that include signatures of candidate and treasurer. e) File reports with the City of Belleview Clerk’s Office on or before the due date to avoid a fine for late filing. 2. Campaign Reports-Filing Deadline {F.S. 106.07(2)(a)(1)} a) Reports are to be filed NO LATER THAN 5:00 p.m. of the day designated and can be hand delivered to the City of Belleview Clerk’s Office. b) Reports that are mailed must be postmarked by the U.S. Postal Service no later than midnight of the day designated to be deemed to have been filed in a timely manner. You may not use a date from a postage meter as proof, but a receipt from a courier service is acceptable. c) A Certificate of Mailing dated by the U.S. Postal Service at the time of mailing, which bears a date on or before the date on which the report is due, shall be proof of mailing in a timely manner. d) All reports must be the original copy and have original signatures, and should be typed, or printed in dark ink. (Computer printout is allowed but must be same format as forms.) e) Any candidate who does not file a report on the designated due date shall be subject to a fine of $50.00 per day for the first 3 days late and, thereafter $500.00 per day; not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report. HOWEVER, for the reports immediately preceding each general election, the fine shall be $500.00 per day for each late day, not to exceed 25% of the total receipts or expenditures, whichever is greater, for the period covered by the late report. (The fine MUST be paid from the candidate’s PERSONAL FUNDS -NOT campaign funds.) F.S. 106.07(8)(a) and (b). f) If a report is incomplete or incorrect, the treasurer will be notified and will be given three days to file an addendum to complete the report. Failure to file the required 3 City of Belleview ELECTION 2014 INFORMATION information after such notice shall constitute a violation of Chapter 106 and a complaint will be filed with the Florida Elections Commission. Please pay special attention to the election calendar and the due dates for the campaign treasurer’s reports. The responsibility for submitting these mandated reports rests solely on the candidate and his or her campaign treasurer. 4 City of Belleview ELECTION 2014 INFORMATION D. CONTRIBUTIONS: 1. A contribution is a gift, subscription, conveyance, deposit, loan, payment, or distribution of money or anything of value, including contributions in-kind having an attributable monetary value in any form, made for the purpose of influencing the results of an election. {F.S. 106.011(5)} 2. The payment, by any person other than a candidate, of compensation for the personal services of another person which are rendered to a candidate or political committee without charge. 3. Not a Contribution: Services provided without compensation by individuals volunteering time on behalf of a candidate and editorial endorsements. 4. F.S. 106.05 requires that all contributions be deposited into the campaign account by the treasurer prior to the end of the 5th business day following receipt; the time frame excludes Saturdays, Sundays, and legal holidays. 5. F.S. 106.08(1)(a) states that each contributor may give your campaign no more than $1,000.00 for each election in which you are opposed. This includes in-kind contributions and the purchase of tickets to fundraisers. NOTE: No unemancipated child under the age of 18 may make a contribution in excess of $100.00 to any candidate. 6. F.S. 106.055 defines an in-kind contribution as something which a person has and wants to give or lend a candidate for a campaign. The same limits as money contributions apply, and if someone gives you money and in-kind contributions, the combined total cannot exceed the limit. The fair market value of each in-kind contribution must be reported on the campaign treasurer’s report. All in-kind contributions must be approved by the candidate and so stated. 7. There is no limit to the amount a candidate may contribute to their own campaign. Any money contributed by the candidate is reported as a contribution. 8. F.S. 106.07(4)(a)(1) requires that you show the source of each contribution. In an opinion (DE 89-02), the Division of elections recommends that the anonymous contribution be reported on your treasurer’s report as an anonymous contribution, and that you attach a letter explaining that the contribution is anonymous and impossible to return. A copy of this letter will be sent to the Division of Elections for the Florida Elections Commission file. The Division of Elections further recommends that candidates not spend the contribution, and at the end of the campaign donate the amount to an appropriate entity under F.S. 106.141. 9. F.S. 106.09 allows cash contributions and contributions made by cash or by cashier’s check, provided each contribution does not exceed $50.00. (Candidates follow this same rule for making CASH contributions to themselves.) 5 City of Belleview ELECTION 2014 INFORMATION 10. F.S. 106.08(3)(a) and a recent DOE opinion establishes that midnight of the Wednesday preceding each election as the deadline for receiving contributions. It is important that you have a sufficient amount of funds deposited by deadlines as it is illegal to add any money after a deadline. Any contribution received after that date and time may not be deposited and must be returned to the donor by your campaign treasurer. These contributions are reported on Form DS-DE 2. Any contributions received after you are elected, defeated, become unopposed, or withdraw your candidacy may not be deposited and must be returned. These contributions may be reported on Form DS-DE2. 11. FUNDRAISERS: F.S. 106.011(1) defines a fundraiser as any affair held to raise funds for the furtherance of a campaign for public office. This includes any gathering if the purpose is to collect campaign funds for the candidate. Please see F.S. 106.025 for fundraiser information. 6 City of Belleview ELECTION 2014 INFORMATION E. EXPENDITURES: 1. A Candidate MUST PAY ALL CAMPAIGN EXPENDITURES BY A CHECK DRAWN ON THEIR CAMPAIGN ACCOUNT. 2. F.S. 106.011(10)(a) defines an expenditure as a purchase, payment, distribution, loan, advance, transfer of funds between campaign depositories or certificates of deposit, or a gift of money or anything of value made for the purpose of influencing the results of an election. 3. As soon as the Appointment of Campaign Treasurer and Designation of Campaign Depository is filed with the City of Belleview Clerk’s Office, a candidate may make expenditures. 4. The only limit on the total amount a candidate may spend on their campaign is the amount of funds received. 5. F.S. 106.12 provides for petty cash. A record of expenditures is kept, and although a candidate is not required to report each individual petty cash expenditure, complete petty cash expenditures must be kept. The petty cash fund so provided shall be spent only for office supplies, transportation expenses, and other necessities. F.S. 106.012(3) states that Petty Cash shall not be used for the purchase of time, space, or services from communications media as defined in s. 106.011. Please read all sections of the Florida Statutes regarding PETTY CASH to insure that you are spending petty cash correctly. 6. A Candidate may not make unlimited personal expenditures and report them as reimbursements. Likewise, a candidate may not make unlimited personal expenditures, donate purchased items to their campaign and then report them as in-kind contributions. To do so, frustrates the purpose of the campaign finance law, which is the full disclosure of campaign expenditures. 7. F.S. 106.071 states expenditure made to support or defeat a candidate’s election is an independent expenditure only if the candidate does not control, coordinate or consult with the person or organization making the expenditure. If the aggregate amount of the independent expenditure is $5,000.00 or more, the person or group making the expenditure shall file reports with the same officer as a political committee supporting or opposing such candidate. 8. Political advertisements must prominently state, who is paying them. Please review the Candidate Handbook on Campaign Financing for the correct disclaimers on Political Advertisement. 7 City of Belleview ELECTION 2014 INFORMATION F. LEFT OVER CAMPAIGN FUNDS: 1. A Candidate has 90 days to dispose of the funds in his/her campaign account and file a final report showing what was done with the remaining funds. During this time, no contributions may be accepted. 2. If a Candidate filed an oath stating he/she was unable to pay the qualification and/or election assessment fees, he/she was required to reimburse those fees to the City of Belleview Clerk’s office, who will forward the Election Assessment Fees to the Department of State. 3. A Candidate may be reimbursed by his/her campaign account, in full or in part, during this 90 day period for any contributions he/she made to the campaign. 4. F.S. 106.11(5) allows a Candidate, after elected, defeated, withdrawn, or becoming unopposed to: a) Purchase “thank you” advertising in the communications media for up to 75 days. b) Pay for items which were obligated, to including loans. c) Pay for expenditures necessary to close his/her campaign office and prepare final campaign reports. 5. F.S. 106.141(4)(a) states that any funds not spent or obligated may be: a) Returned pro rata to each contributor. b) Donated to a charity organization meeting the qualifications of Section 501(c)(3) of the Internal Revenue Code. c) Given to a political party any amount under $10,000. d) Given to the General Revenue Fund of the county. 8 City of Belleview ELECTION 2014 INFORMATION G. ABSENTEE BALLOTS: A mail ballot may be requested online, in person, by telephone, by facsimile and by email. Requests are restricted to the Voter, his/her Immediate Family or Legal Guardian. 1. Absentee Ballot requests can be made to the Supervisor of Elections Office with the following information (form in packet): a) Name of voter for whom the ballot is requested b) Voter’s address c) Voter’s date of birth d) Requester’s name, if not voter e) Requester’s address, if not voter f) Requester’s driver’s license number (if available) g) Requester’s relationship to voter h) Requester’s signature (written requests only) 2. CONVENIENCE VOTING PICK UP: For Yourself: a) FL driver’s license or other Photo I.D. b) Voter’s date of birth c) Voter’s address For Other Than Self: a) Voter’s name & address b) Voter’s date of birth c) Written/signed authorization from voter specifying person picking up ballot d) Plus YOUR name, address, relationship to voter, and complete an in-office affidavit e) Photo I.D. For the five (5) day period prior to Election Day, a designee may only pick up two (2) ballots per election other than his/her own or for members of their immediate family. Requests must be received no later than 5:00 pm on the 6th day before the election. A voted absentee ballot will not be accepted at a polling location. 9 City of Belleview ELECTION 2014 INFORMATION 3. Absentee Ballot voting by mail must be in the certificate envelope completed with the following: a) Voter Signature b) Witness Signature c) Witness Full Address (House & Street) d) City and State e) Overseas voter must include date signed 4. Absentee Ballots voted in-person must have the following: a) FL driver’s license or other Photo I.D. 5. Absentee Ballots must be returned no later than 6:00 P.M. a) By US Mail or courier service b) In person (Photo I.D. required) c) Returned by someone other than voter (Photo I.D. and Written/signed authorization from voter specifying person returning ballot required) d) Absentee Ballots cannot be counted if not completed and properly witnessed. e) POWER OF ATTORNEY CANNOT SIGN FOR VOTER 6. The law now requires the elector to personally vote the ballot, exclusive of electors who require assistance due to blindness, disability, or inability to read or write. 7. A ballot must be witnessed by anyone 18 years of age or older. Witness must provide signature and full address. 8. A ballot can be returned either in person or by mail. Or, a voter can designate someone in writing to return the ballot. No one can return more than two (2) ballots, other than for themselves or immediate family members. Any person who returns more than two (2) absentee ballots is guilty of a misdemeanor of the first degree. 9. If returning a ballot by mail be sure to put a first class postage stamp on your return. 10. Absentee Ballot request forms are available from the City of Belleview Clerk’s Office. IMMEDIATE FAMILY INCLUDES: SPOUSE, PARENT, CHILD, GRANDPARENT, SIBLING OF THE VOTER OR OF THE VOTER’S SPOUSE 10 City of Belleview ELECTION 2014 INFORMATION H. SIGNS: 1. Political Election Signs. Signs posted to promote a candidate for election during a time period beginning the opening of the election qualifying period and continuing until ten days after the election (COB Ordinance 99-05). 2. Political Election Signs posted from the opening of election qualifying period and until ten days after the election shall be exempt from the permit, area, and location requirements of the Code, but shall not be placed upon City property, including, but not limited to, City rights-ofway for streets, roads, thoroughfares and easements. Further, such signs shall not be placed on any utility pole or tree. Any sign placed in such prohibited areas shall be immediately removed, without notice, by the City and will be held until after the election is complete. (COB Ordinance 99-05). 3. Pursuant to F.S. 102.031(4)(a), “… Solicitation of voters is prohibited inside the polling place or within 100 feet of the entrance of the polling place and Early voting sites. There are NO EXEMPTIONS to this. Only voters, those assisting voters, the election board, emergency and law enforcement personnel and those certified by the Supervisor of Elections are allowed in the polling place. NO PHOTOGRAPHY is allowed in the polling place.” Review FL Statute 106.143 for Political Advertisements: Requirements 11 City of Belleview ELECTION 2014 INFORMATION I. ELECTION DAY: 1. The Secretary of State governs all elections in the State of Florida. The Marion County Supervisor of Elections is Wesley Wilcox. Belleview City Clerk/Administrator Sandi McKamey oversees the City of Belleview elections. Deputy City Clerk Peggy DeGennaro coordinates the City of Belleview elections. 2. The City of Belleview has one precinct and that is at THE AMERICAN LEGION-POST 284; 5515 SE 109th Street, Belleview, FL 34420. On Election Day - polls open at 7:00 AM and close at 7:00 PM. 3. F.S. 102.031(4)(a) insures that voters are not prohibited from voting. Solicitation is prohibited within 100 feet of the polling place/room entrance. While solicitation will not be restricted, the voter must clearly be able to voluntary participate and solicitation must not be disruptive to those entering the polling place. (Solicitation shall include, but not be limited to, seeking or attempting to seek any vote, fact, opinion, or contribution; distributing or attempting to distribute any political or campaign material, leaflet, or handout.) Any person(s) disrupting the voting process will be removed from the American Legion grounds. 4. Photo and Signature I.D.’s are now required at the polls on Election Day. (Photo I.D; Florida Drivers License; Passports; Florida I.D. Card, Employee Badges; Military I.D.) 5. The Election Board consists of the Election Clerk who is in charge of the precinct. Also serving on the Election Board are three additional clerks and a deputy. The Election Board executes the election, counts the ballots, and prepares and seals the ballots for transportation to the County Supervisor of Elections. 6. The Election Board counts the ballots in their automated ballot counter and verifies the election results. Those election results are then announced after the COB Regular Commission meeting. 7. The official Swearing in Ceremony and open house will be held before the second meeting in November. 12 City of Belleview ELECTION 2014 INFORMATION ABOUT THIS HANDBOOK In order to aid the Candidate, the City of Belleview Clerk’s Office has provided the information in this handbook as a synopsis of Election Laws and Mandates. The information often refers to the Florida State Statute where more detailed information can be obtained. The Candidate is provided access to Chapter 106 of the Florida Statutes. **A FILING OFFICER PERFORMS MERELY A MINISTERIAL FUNCTION AND IT IS THE CANDIDATE’S RESPONSIBILITY TO KNOW AND ADHERE TO ALL THE ELECTION LAWS! All requirements prescribed by statute and included in this material are subject to change by the Florida Legislature. If changes do occur, the Candidate will be notified. Any claims of election violations would be filed with the Florida Elections Commission. This form can be obtained from the City of Belleview Clerk’s Office. 13 City of Belleview ELECTION 2014 INFORMATION 2014 ELECTION CALENDAR AUGUST: 05 18 19 21 COMMISSION MEETING: 6:00 PM *ELECTION PROCLAMATION FIRST DAY TO QUALIFY AT 8:00 AM *CAMPAIGN SIGNS CAN BE ERECTED AFTER QUALIFICATION COMMISSION MEETING: 6:00 PM LAST DAY TO QUALIFY AT 4:00 PM UNOPPOSED CANDIDATES: *LAST DAY TO RECEIVE CAMPAIGN CONTRIBUTIONS (4:00 PM) SEPTEMBER: 02 COMMISSION MEETING 6:00 PM 16 COMMISSION MEETING 6:00 PM OCTOBER: 06 ELECTION BOOKS CLOSE AT 5:00 PM 07 COMMISSION MEETING 6:00 PM 16 PUBLIC TEST OF VOTING EQUIPMENT: WESLEY WILCOX’S OFFICE 3:00 PM 16 OPPOSED CANDIDATES: CAMPAIGN TREASURER’S REPORT DUE NOTICE OF ELECTION POSTED: BELLEVIEW CITY HALL 21 COMMISSION MEETING 6:00 PM 23 EARLY VOTING STARTS AT 9:00 AM 29 OPPOSED CANDIDTES: *LAST DAY TO RECEIVE CAMPAIGN CONTRIBUTIONS (MIDNIGHT) 30 PROCLAMATION/BALLOT IN VOICE OF SOUTH MARION OPPOSED CANDIDATES: CAMPAIGN TREASURER’S REPORT DUE NOVEMBER: 01 EARLY VOTING ENDS AT 7 PM 04 ELECTION DAY COMMISSION MEETING 6:00 PM 14 OPPOSED CANDIDATES: *LAST DAY TO REMOVE CAMPAIGN SIGNS 18 OATH OF OFFICE ADMINISTERED TO ELECTED OFFICIALS BEFORE THE COMMISSION MEETING 6:00 PM 19 UNOPPOSED CANDIDATES: *DISPOSITION OF CAMPAIGN FUNDS/FINAL CAMPAIGN TREASURER’S REPORT DUE OR WHEN UNOPPOSED FEBRUARY: 2 OPPOSED CANDIDATES: *DISPOSITION OF CAMPAIGN FUNDS/ FINAL CAMPAIGN TREASURER’S REPORT DUE 14
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