re-using campaign signs to support amendment 8

8/8/2019 Re-using Campaign Signs to Support Amendment 8

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From: "Jeff Bergosh" Sender: [email protected]: Wed, 08 Sep 2010 07:30:56 -0500To: ReplyTo: [email protected]

Subject: Fwd: FW: question-Delegated

Forwarded per your request.

---------- Forwarded message ----------From: "Donna Waters" To: "William Slayton" ,"Gerald Boone","Jeff Bergosh" ,"LindaMoultrie" ,"Patty Hightower"

Date: Fri, 3 Sep 2010 15:08:24 +0000Subject: Fwd: FW: question

SCHOOL BOARD MEMBERS DO NOT REPLY ALL RESPOND ONLYTO MEGood Morning:With regard to the question from Mr. Bergosh about the possibility of recycling hiscampaign signs for use in the "Yes on 8" Campaign, please see the emails below fromDavid Stafford, Supervisor of Elections and Gary Holland of the Department of State.

Please let me know if any of you have additional questions or concerns.Have a great holiday!Donna Sessions WatersGeneral CounselEscambia County School Board215 West Garden StreetPensacola, Florida 32502850-469-6362Florida has a very broad Public Records Law. Virtually all written communications to orfrom School District Personnel are public records available to the public and media uponrequest. E-mail sent or received on the School District system will be considered publicand will only be withheld from disclosure if deemed confidential pursuant to State Law.]


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>>> David Stafford 9/1/2010 10:58 AM >>>

Donna,

Per your question yesterday, please see the exchange below with the Assistant GeneralCounsel for the Department of State.

A couple of items to note. For it to be an independent expenditure, it must not becoordinated. Also, the materials would have to carry a disclaimer. See 106.071 F.S.(note that it was amended during the 2010 legislative session to reflect an increasedthreshold from $100 to $5000). For a definition of an independent expenditure, see 106.011(5).All the best,

David H. Stafford, CERAEscambia County Supervisor of Elections(850) [email protected] can also follow us on Twitter or Facebook

From: Holland, Gary J. [mailto:[email protected]]Sent: Wednesday, September 01, 2010 10:07 AMTo: David Stafford

Cc: Bronson, Kristi R.Subject: RE: questionDavid, I agree with your analysis (but the threshold is $5000 or more, not over$5000 ). He may want to wait to see what happens in court with Amendment 8 onSeptember 8th. Even then, that will be a circuit court decision that may be appealed nomatter which side wins.

Gary J. HollandAssistant General CounselFlorida Department of StateR.A. Gray Building, 500 S. Bronough StreetTallahassee, FL 32399-0250Phone: 850-245-6536Fax: 850-245-6127Note: This response is provided for reference only and does not constitute a formal legalopinion or representation from the Department of State or the Division of Elections. Asapplied to a particular set of facts or circumstances, interested parties should refer to the


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Florida Statutes and applicable case law, and/or consult an attorney to represent theirinterests before drawing any legal conclusions or relying upon the information provided.

Florida has a very broad public records law. Written communications to or from stateofficials regarding state business constitute public records and are available to the public

and media upon request unless the information is subject to a specific statutoryexemption. Therefore, this email and any that you sent that generated this response maybe subject to public disclosure.

Please take a few minutes to provide feedback on the quality of service you receivedfrom our staff. The Florida Department of State values your feedback as a customer.Dawn K. Roberts, Florida Interim Secretary of State, is committed to continuouslyassessing and improving the level and quality of services provided to you. Simply clickon the link to the "DOS Customer Satisfaction Survey." Thank you in advance for yourparticipation.DOS Customer Satisfaction Survey

From: David Stafford [mailto:[email protected]]Sent: Wednesday, September 01, 2010 10:59 AMTo: Holland, Gary J.Subject: RE: questionOne more quick one. A successful school board candidate (won in the primary) wishes tore-use his campaign signs (paint over them or something akin to that) to advocate onbehalf of amendment 8. It sounds to me like an independent expenditure (presuming it ison his own and not coordinated). As such, he would not have to file reports unless it s

over $5,000, but they would have to carry the IE disclaimer. Does this sound correct?

re-using campaign signs to support amendment 8

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