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9/23/2019
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Debra R. Buff, MMC
City Clerk, City of Belle Glade
Russell C. Muniz, MBA, MPA, MMCAsst. Town Administrator/Town Clerk,Town of Southwest Ranches
Pamela Smith, MMCCity Clerk, City of Sanibel
This Session Provides General Information to Get you Started. Your Procedures and Requirements May be Different!
Step #1: Always Check your Charter & Code
Communicate with your County SOE Regarding your Respective Responsibilities
Consult with your Municipal Attorney
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Types of Elections & the Election Process
Roles & Responsibilities
Legal Advertising Requirements
Candidate Information Packets
Candidate Qualifying & Campaign Financing
Poll Management
Referring Questions & Complaints
The Municipal Canvassing Board
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Certification of Results & Post-Election Audit
Documentation
Panel Discussion & Tips:
◦ Candidate Management
◦ Public Information Management
◦ Poll Management
◦ Election Day Preparations
Q & A
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General
Uniform Municipal
Stand Alone (F.S. now allows municipalities to change their qualifying and election dates by ordinance)
Run-Offs (not all cities have these)
Special Elections (may be city or citizen-initiated)
Mail Ballot (only for elections with questions, not candidates)
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Review Charter, Code, & F.S. Chs. 99-106
Review Municipal/County SOE Division of Duties
Update Candidate Packages & Web Pages
Advertise Qualifying Period
Receive Qualifying Documents & Treasurer’s Reports
Qualify Candidates
Remit State Election Assessment to State
Advertise Election & Sample Ballot
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Make All Necessary Election Day Arrangements
Visit Polling Locations on Election Day
Return Ballots & Equipment to SOE
Canvass Ballots
Certify/Receive Certification of Results
Supervise Post-Election Audit
Swear in Elected Officials & Provide Certificates of Election
Remit Elected Officials Form 1s to County SOE
Receive Termination Reports
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Advertise/Call Election
Prepare Candidate Packages
Serve as Public Information Officer for Election
Serve as the Qualifying Officer
Prepare & Advertise Ballots
Manage Pollworkers & Polling Locations (where appl.)
Election Day Preparations & Oversight
Serve as Canvassing Board Member
Certify/Receive Certification of Results
Work in Concert with your County SOE
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Pursuant to F.S. 99.061(7)(c), the filing officer, usually the Municipal Clerk, performs only a ministerial function in reviewing qualifying papers. In determining whether a candidate is qualified, the filing officer shall review the qualifying papers to determine whether all items required have been properly filed and whether each item is complete on its face, including whether items that must be verified have been properly verified (by oath or affirmation) pursuant to F.S. 92.525(1)(a). The filing officer may not determine whether the contents of the qualifying papers are accurate.
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Provide Voting Equipment, Ballots, Precinct Supplies, Phone Bank, Technical Staff, & Last Minute Poll Workers
Register Voters and Maintain Voter Rolls
Manage Absentee Ballots
Manage Pollworkers & Polling Locations
Publish Legal Notices for L & A Tests and Assist with Absentee Ballot Canvassing & Post Election Audit
Tabulate Ballots & Certify Results (where appl.)
Work in Concert with Municipal SOE
Retain Voting Records (depends on county/agreement)
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Administration
Police Department (officers cannot enter polls unless the Poll Clerk allows them to)
Fire-Rescue Department (emergency rescue)
Code Enforcement (signage)
Public Works (city facilities)
Finance (poll worker payroll)
Front Counter Staff (where to direct voters)
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General Provisions:
Election and Qualifying Dates
Qualifying Requirements & Fees
Terms of Office
How Members are Elected
Residency Requirements & Proof of Residency
Appointment of Canvassing Board and Poll Workers
Determining the Winner
Certification of Results & Effective Date of Office
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Other Provisions to Watch for:
Resignations & Vacancies in Office
Petition Requirements
Referendum Requirements
Early Voting Opt In or Out
Municipality Specific Requirements:
◦ Oath of Office◦ Fingerprinting◦ Caucus
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F.S. 100.021 – Qualifying: Must state what offices and/or vacancies are to be filled at the election, and be published twice during the 30 days prior to the beginning of qualifying
F.S. 101.20(2)(a) – General Elections: Upon completion of the list of qualified candidates, a sample ballot shall be published before the day of election.
F.S. 100.151 – A municipality shall not call any special election until notice is given to the supervisor of elections and his or her consent obtained as to a date when the registration books can be available.
F.S. 100.342 – There shall be at least 30 days notice. The publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the election or referendum is to be held.
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Voting Rights Act (VRA) of 1975: includes special protections for "language minorities.“ The language minorities protected under the Act are: American Indians, Asian Americans, Alaskan Natives, and citizens of Spanish Heritage.
A jurisdiction is covered under this when the number of US citizens of voting age in a single language group within the jurisdiction is more than 10,000 or more than 5% of all voting age citizens.
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13 counties in Florida fall under this provision due to their Hispanic populations:
o Broward, DeSoto, Hardee, Hendry, Hillsborough, Lee, Miami-Dade, Orange, Osceola, Palm Beach, Pinellas, Polk, and Seminole.
These counties must provide ballot and election materials and advertise in Spanish. Depending on your demographics, you may also be required to advertise in Creole or another foreign language.
F.S. does not specify that ads in foreign languages be placed in foreign language newspapers; but, they should be whenever possible.
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All Advertisements Must be Published in a Newspaper of General Circulation in the Community
Use Certified Translators for any Ads and Materials in Foreign Languages
Charter, Code, and/or City Policy
Websites and Newsletters
Community Specific Needs
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1. Candidate Information:
Seats Up for Election Responsibilities of Positions Qualifying Requirements and Period Voter Registration Book Closing Date(s) Election Date(s) Becoming a Candidate – How the Process Works
2. Logic & Accuracy Testing:
Notice of Logic and Accuracy Testing Acknowledgement of Receipt of Notice of Logic
and Accuracy Testing Form
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3. Candidate Filing Forms:
Form DS-DE9: Appointment of Campaign Treasurer and Designation of Campaign Depository
Form DS-DE84: Statement of Candidate Form DS-DE302NP: Candidate Oath – Non
Partisan Office (May Need DS-DE301SL) Form 1: Statement of Financial Interests with
Instructions
4. FL Dept. of State Division of Elections Candidate and Campaign Treasurer Handbook (latest edition)
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5. Campaign Reporting Information:
Campaign Treasurer’s Reporting Schedule &
Contribution Deadlines
6. Treasurer’s Reports (at least):
Form DS-DE 12: Treasurer’s Report Summary Form DS-DE 13: Treasurer’s Report – Itemized
Contributions Form DS-DE 14: Treasurer’s Report – Itemized
Expenditures Form DS-DE 87: Waiver of Report
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7. Poll Watcher Information:
Form DS-DE 125: Designation of Poll Watchers
8. Precincts and Polling Locations
Precinct Maps
9. Campaign Signage Laws:
State Laws
FL Department of Transportation
Municipal Regulations
Sign Bonds (if applicable)
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10. Other Information:
Election Laws: Chapters 97-106 (this also meets your requirement to provide a copy of Chapter 106 to the candidates)
Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees
Local Code of Ethics (if applicable)
Municipal Charter
Municipal Election Code
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Include Some Version of the Following Disclaimers & Explain Them to Candidates:
◦ Acknowledgement of Receipt of Candidate Package:
By signing this form I acknowledge that I have received a complete copy of the 2020 Candidate Election Package from the Town of AnyTown. I further acknowledge that I have read and understand the following disclaimers:
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◦ Acknowledgement that the Package is a Summary of the Election Code Only:
The information contained herein is intended as a reference guide only. The Town Clerk’s Office will provide assistance to candidates; however, it is not the responsibility of this Office to interpret Florida Statutes as prescribed by Florida Law. All information contained herein is current as of the date of publication, October 1, 2019.
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◦ Acknowledgement of the Responsibilities of the Qualifying Officer:
Pursuant to F.S. 99.061(7)(c), the Town Clerk, as filing officer, performs only a ministerial function in reviewing qualifying papers. In determining whether a candidate is qualified, the filing officer shall review the qualifying papers to determine whether all items required have been properly filed and whether each item is complete on its face, including whether items that must be verified have been properly verified (by oath or affirmation) pursuant to F.S. 92.525(1)(a). The filing officer may not determine whether the contents of the qualifying papers are accurate.
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Digital Media v. Paper Copies
Candidate Meeting Requirements
One-on-One Meetings v. Workshops
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Pursuant to F.S. 99.061(7)(c), the filing officer performs only a ministerial function in reviewing qualifying papers. In determining whether a candidate is qualified, the filing officer shall review the qualifying papers to determine whether all items required have been properly filed and whether each item is complete on its face, including whether items that must be verified have been properly verified (by oath or affirmation) pursuant to F.S. 92.525(1)(a). The filing officer may not determine whether the contents of the qualifying papers are accurate.
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Qualifying Period
Qualifying by Petition
Qualifying Fees
Residency/Registered Voter Requirements
Municipality Specific Requirements
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Forms Required:
◦ Appointment of Campaign Treasurer & Designation of Depository
(DS-DE9) – must be filed before campaign account is opened
◦ Statement of Candidate (DS-DE 84) – required within 10 days of submitting Form DS-DE9
Use of Nicknames and Titles
Once a Candidate declares their intent, they are required to file regular Treasurer’s Reports (monthly, and more regularly immediately preceding the election)
Advise that fines may apply for late filings
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Form DS-DE302NP: Candidate Oath Non Partisan Office (May Need DS-DE301SL)
Form 1: Statement of Financial Interests (for the preceding year)
Affidavit of Financial Hardship* (if applicable)
Form DS-DE104: Candidate Petitions (if applicable)
Notice and Acknowledgement of Logic & Accuracy Testing (recommended but not required)
Any Additional Municipality-Specific Documents
All qualifying forms and fees must be received by the prescribed date
and time!
*Only exempts fee for statewide assessment.
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F.S. 99.061(5): At the time of qualifying for office, each candidate shall file a Disclosure of Financial Interests (Form 1).
F.S. 99.061 (7)(a)(2): The Candidate’s Oath must contain the name of the candidate as it is to appear on the ballot; …; and the signature of the candidate, which must be verified under oath or affirmation pursuant to s. 92.525(1)(a).
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F.S. 92.50(1): Oaths, affidavits, and acknowledgements required under law…may be taken or administered by or before any judge, clerk, or deputy clerk of any court of record within this state, or before any US commissioner, or any notary public within this state.
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Your municipality may require additional qualifying documentation, such as the following, in order to qualify:
o Copy of Drivers License
o Copy of Voter Registration Card
o Confirmation of Status from the SOE
You must take the documents on face value. You may not determine whether the contents of the qualifying papers are accurate.
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Municipal Qualifying Fee (if applicable)
State Election Assessment - F.S. 99.093:
o At the time of qualifying, each person shall pay an election assessment in an amount equal to 1 percent of the annual salary of the office sought.
o Within 30 days after the close of qualifying, the qualifying officer shall complete the State Assessment Fee Form and forward all assessments collected to the Florida Elections Commission.
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F.S. 99.061(7)(a)(1): …If a candidate’s check is returned by the bank for any reason, the filing officer shall immediately notify the candidate and the candidate shall have until the end of qualifying to pay the fee with a cashier’s checkpurchased from funds of the campaign account. Failure to pay the fee as provided in this subparagraph shall disqualify the candidate.
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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 available to him or her shall submit an Affidavit of Financial Hardship given under oath to the qualifying officer, and shall be exempt from paying the state election assessment.
This does not exempt them from any municipal qualifying fees.
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F.S. 101.5612 – The Qualifying Officer may, at the time of qualifying, give written notice of the time and location of the L&A to each candidate qualifying andobtain a signed receipt from the candidate that the notice has been given.
If a candidate did not receive written notification at the time of qualifying, the Qualifying Officer shall, at least 15 days prior to the election, send written notice by certified mail to those candidates stating the time and location of the L&A.
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F.S. 101.5612(2) – Not more than 10 days prior to the election, 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.
Attendance is optional. All candidates, as well as any members of the public, may attend.
Request that candidates advise in advance if they will be attending so that the SOE’s Office can make the appropriate arrangements.
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Candidates May Appoint Themselves as Treasurer.
Candidates are Prohibited from Signing Campaign Checks Unless They Appointed Themselves as Campaign Treasurer or Deputy Treasurer.
They Shall File Regular Reports of all Contributions Received and Expenditures Made by or on Behalf of the Candidate.
Candidates May Designate up to 3 Deputy Treasurers.
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Form DS-DE 9 must be on file with the filing officer prior to opening the campaign account.
Designating a campaign depository does not mean actually opening an account. It is merely naming the financial institution where campaign funds will be deposited.
The campaign account must be separate from any personal or other account and used only for depositing campaign contributions and making expenditures.
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No person may make a contribution in excess of $1,000 to any candidate per election.
This limit does not apply to amounts contributed by a candidate to his own campaign.
General and run-off elections are considered one election for the purposes of this requirement.
Candidates may not accept contributions of more than $50, in the aggregate, in cash or cashier’s check from anyone per election.
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The Qualifying Officer shall review the Treasurer’s Reports to ensure that they are complete; however, the Qualifying Officer is not responsible for making sure that the Reports are accurate.
Any report that is deemed to be incomplete must be accepted on a conditional basis. The campaign treasurer shall be notified by certified mail or by another method using a common carrier that provides a proof of delivery as to why the report is incomplete and within 7 days after receipt of such notice must file an addendum to the report providing all information necessary to complete the report.
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It is the responsibility of the Qualifying Officer toprovide candidates with a schedule of due dates.
F.S. 106.07(1) – Reports are due on the 10th dayfollowing the end of each calendar month from thetime the campaign treasurer is appointed.
F.S. 106.07(1)(b) – Additional reports are due onthe 60th, 25th, 11th, and 4th days immediatelypreceding the election.
F.S. 106.07(1)(d)2. – For elections on an issue only,all political committees shall also file reports on the18th and 4th days before such election.
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F.S. 106.07(2)(a)1. – Reports shall be filed notlater than 5 p.m. of the day designated; however,any report postmarked by the USPS no later thanmidnight of the day designated is deemed tohave been filed in a timely manner. Any reportreceived by the filing officer within 5 days afterthe designated due date that was delivered bythe USPS is deemed timely filed unless it has apostmark that indicates that the report wasmailed after the designated due date.
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F.S. 106.07 (8)(a) – Any candidate failing to file a report on the designated due date is subject to a fine for each late day, and such fine shall be paid only from personal funds of the candidate. The fine shall be assessed by the filing officer and the monies collected shall be deposited in the municipality’s general fund.
F.S. 106.07 (8)(b) – Such fine shall be paid to the filing officer within 20 days after receipt of the notice of payment due, unless an appeal is made to the Florida Elections Commission.
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F.S. 106.07 (8)(b) – Upon determining that a report is late, the filing officer shall immediately notify the candidate that a fine is being assessed for each late day. The fine shall be $50 per day for the first 3 days late and, thereafter, $500 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report. However, for the reports immediately preceding each election, the fine is $500 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report.
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F.S. 106.07 (8)(b) – The filing officer shall determine the amount of the fine due based upon the earliest of the following:
◦ When the report is actually received by such officer.
◦ When the report is postmarked.
◦ When the certificate of mailing is dated.
◦ When the receipt from the courier company is dated.
F.S. 106.07 (8)(d) – The filing officer shall notify the Florida Elections Commission of repeated late filings, the failure to file a report after notice, or the failure to pay the fine imposed.
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Repay Personal Loans made by someone other than Candidate into the account
Candidate may reimburse themselves for all amounts they contributed to the account
Return pro rata to each contributor
Donate the funds to a 501(c)(3) charitable organization
Donate the funds to the municipality
Transfer the funds, subject to limitations, to an office account, which
shall only be used for legitimate expenses in connection with the
candidate’s public office (i.e. travel) or expenses incurred in the
operation of their office (i.e. hiring staff)
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Precincts versus Polling Places
Begin with the County Approved Locations
All Polling Places Must Comply with the Florida Americans With
Disabilities Accessibility Implementation Act.
Must be Able to Access the Location the Day Before & After the
Election for Equipment Pick Up & Delivery
Get Signed Agreements as Soon as Possible. Include Run-Off
Dates, if Applicable, Morning & Evening Emergency Contact
Personnel, Any Fees Charged, & All Supplies to be Provided (i.e.
tables & chairs)
Notification Requirements for Temporary Polling Place Changes
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F.S. 102.031(3)(a) - No persons other than SOE Staff, election workers, and voters may enter any polling room or polling place where the polling place is also a polling room, or any early voting area, during voting hours. The following are some exceptions:
◦ When the polling room is in an area commonly traversed by the public in order to gain access to businesses or home, or in an area traditionally utilized as a public area for discussion
◦ When a voter has requested the assistance of a specific individual in order to vote, AND both parties have filled out the required forms
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No person or group may solicit voters inside the polling place
No person or group may solicit voters within 150 feet of the entrance to the polling place, early voting site, or an office of the SOE where absentee ballots are requested and printed on demand
Before the polls open, the precinct clerk shall designate the no-solicitation zone and mark its boundaries
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Poll Worker Roles and Responsibilities:◦ Clerks
◦ Assistant/Deputy Clerks
◦ Inspectors
◦ Deputies
F.S. 102.014 (1) Regulates Poll Worker Recruitment and Training. In Many Cases, Poll Workers Must be Trained Prior to Working Each Election.
County Versus Municipal Hiring of Poll Workers
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Start with your County SOE’s Approved Poll Worker List
Hire Those Familiar with and Closest to Your Precincts
Hire at Least 1 Republican and 1 Democrat for Each Precinct, Whenever Possible
Assign Clerk and 1 Other Poll Worker to Transport Ballots and Equipment to Designated Drop-Off Location
Hire On-Call Clerks
Reconfirm Poll Worker Availabilities Prior to the Election
Prepare Payroll Sign-In/Out Sheets and Provide to Clerks Prior to the Election
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You can use the county rate or elect to pay poll workers more than the county rate.
See what your Finance Department requires to pay poll workers (i.e. W-4 Form, and or W-9).
If Collecting Social Security Numbers, Remember to give them a SSN Collection & Usage Notice.
You are not required to withhold FICA taxes.
A W-2 must be provided if they earn more than $600 annually.
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Are allowed within the polling room or early voting area to watch and observe the conduct of the electors and the officials.
Candidates must designate their Poll Watchers 2 weeks prior on a Form DS-DE 125.
Municipal SOE Duties:
◦ Certify that each Poll Watcher is a registered voter in the county in which the election is held
◦ Furnish a list of approved Poll Watchers to each Precinct
◦ Provide an ID badge 7 days before early voting
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The only exception to the no-solicitation zone is for exit polling, which media, campaign staff, or others may conduct.
Exit Pollers may approach voters only AFTERvoters leave the polling place.
Unlike Poll Watchers, they do not have to register prior to the election.
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Municipal election process, deadlines, and general election information- Municipal Clerk
Complaints regarding Code requirements for political signage- Code Enforcement
How to vote, absentee ballots, poll workers/watchers, and voter registration, including changes of address- County SOE’s office
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Interpretation of Florida statutes and requests for legal opinions regarding same- Florida Attorney General’s Office
Complaints alleging voter fraud or violations of voting system standards, provisional ballots, the voter registration database, or mail-in registrations- Florida Department of State Division of Elections. Complaint forms and directions can be found at: http://election.dos.state.fl.us/complaints/index.shtml. The Division also maintains a toll free voter fraud hotline at 1 (877) 868-3737.
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Complaints alleging violations of only Chapters 104 (Elections Code) and 106 (Campaign Financing)- Florida Elections Commission (FEC). The FEC is not permitted to give advisory opinions; and, it does not have jurisdiction over candidate qualifying issues, how elections are run, or how votes get counted. Complaint forms and instructions may be found at: http://www.fec.state.fl.us/FECWebFi.nsf/pages/Complaints.
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Composition is set by F.S., Municipal Charter, & Municipal Code
Conducts a formal “canvass” of the results of an election, which includes reviewing the vote totals
Supervises Logic & Accuracy Tests
Reviews absentee ballot signatures
Determines voter intent on non-conforming ballots
Supervises post-election audit
Administers recounts
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Municipal Charter & Code requirements will specify who certifies the results.
F.S. 102.155 – The supervisor shall give to any person the election of whom is certified by the county (or municipality) canvassing board a certificate of the person’s election. The certificate of election which is issued to any person shall be prima facie evidence of the election of such person.
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FAC 1S-5.026
The purpose of the manual audit is to ensure that the voting system deployed in the election tabulated all votes properly.
It consists of 1 randomly selected race in a randomly selected 2% of precincts in which the selected race appears.
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Create Checklists
Create a Candidate Contact Log
Acknowledgement of Receipt of Candidate Package with Appropriate Disclaimers
Treasure’s Report & Qualifying Form Amendments
Notices to Late Filers
Non-Candidate Related Issues & Complaints
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Debra R. Buff, MMCCity Clerk,
City of Belle Gladedbuff@belleglade-fl.com
Russell C. Muniz, MBA, MPA, MMCAsst. Town Administrator/Town Clerk,
Town of Southwest Ranchesrmuniz@southwestranches.org
Pamela Smith, MMC City Clerk, City of Sanibel
pamela.smith@mysanibel.com
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