Political Committees
Independent Expenditures
Sources of Election Information
Becoming a Candidate
Campaign Account – Getting Started
Contributions
Expenditures
Fundraisers

POLITICAL COMMITTEES

What is a “Political Committee”?                     

• Chapter 106.11 defines “political committee” to mean:
• A combination of two or more individuals, or a person other than an individual, that, in an aggregate amount in excess of $500 during a single calendar year:
• Accepts contributions for the purpose of making contributions to any candidate, political committee, committee of continuous existence, or political party;
• Accepts contributions for the purpose of expressly advocating the election or defeat of a candidate or the passage or defeat of an issue;
• Makes expenditures that expressly advocate the election or defeat of a candidate or the passage or defeat of an issue; or
• Makes contributions to a common fund, other than a joint checking account between spouses, from which contributions are made to any candidate, political committee, committee of continuous existence, or political party;

Note: See Chapter 106.011 for complete details regarding “political committees” and “committees of continuous existence”.

Are “political committees” required to register?          

• Chapter 106.03 states that each political committee which anticipates receiving contributions or making expenditures during a calendar year in an aggregate amount exceeding $500 or which is seeking the signatures of registered electors in support of an initiative shall file a statement of organization as provided in subsection (3) within 10 days after its organization or, if later, within 10 days after the date on which it has information which causes the committee to anticipate that it will receive contributions or make expenditures in excess of $500.  If a political committee is organized within 10 days of any election, it shall immediately file the statement of organization required by this section.

Note: See Chapter 106.03 for complete details regarding the registration of “political committees”.

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INDEPENDENT EXPENDITURES

Are there any requirements for an “individual” regarding independent expenditures; electioneering communications; reports and disclaimers?                                               

• Yes, Chapter 106.071 states that each person who makes an independent expenditure with respect to any candidate or issue, and each individual who makes an expenditure for an electioneering communication which is not otherwise reported pursuant to Chapter 106, which expenditure, in the aggregate, is in the amount of $100 or more, shall file periodic reports of such expenditures in the same manner, at the same, time, subject to the same penalties, and with the same officer as a political committee supporting or opposing such candidate or issue.  The report shall contain the full name and address of the person making the expenditure; the full name and address of each person to whom and for whom each such expenditure has been made; the amount, date, and purpose of each such expenditure; a description of the services or goods obtained by each such expenditure; the issue to which the expenditure relates; and the name and address of, and office sought by, each candidate on whose behalf such expenditure was made.
• Any political advertisement paid for by an independent expenditure shall prominently state “Paid political advertisement paid for by (Name and address of person paying for advertisement” independently of any (candidate or committee).  This does not apply to novelty items having a retail value of $10 or less which support, but do not oppose a candidate or issue.  Any person who fails to include the disclaimer prescribed in subsection two in any political advertisement that is required to contain such disclaimer commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

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SOURCES OF ELECTION INFORMATION

·        State of Florida – Division of Elections
The Division of Elections of the Department of State has posted all enacted legislation that affects The Florida Election Code, Chapters 97-106, Florida Statutes, on its website:
http://election.dos.state.fl.us

Lee County Supervisor of Elections
Sharon Harrington
Supervisor of Elections
P.O. Box 2545
Fort Myers, Florida 33902
533-8683
www.leeelections.com

Cape Coral Office
1039 SE 9th Place
Cape Coral, FL  33990
458-7020

City of Cape Coral – City Clerk 
1015 Cultural Park Boulevard
Cape Coral, FL  33990
574-0424 – fax
574-0411
www.capecoral.net

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BECOMING A CANDIDATE                                     
What makes a candidate?

• Any person who seeks to qualify for nomination or election by means of the petitioning process.
• Any person who receives contributions or makes expenditures, or consents for any other person to receive contributions or make expenditures, with a view to bring about his or her nomination or election to, or retention in, public office.
• Any person who appoints a campaign treasurer and designates a primary depository, or;
• Any person who seeks to qualify for election as a write-in.
• Any person who files qualification papers and subscribes to a candidate’s oath as required by law.

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CAMPAIGN ACCOUNT – GETTING STARTED    

When may I begin to raise campaign funds?

• A potential candidate may begin raising campaign funds at any time after filing with the appropriate filing officer and designating a campaign treasurer and bank.

What does a candidate need to file?

• A candidate must first file an Appointment of Campaign Treasurer and Designation  of Campaign Depository (Form DS-DE 9), with the filing officer, prior to collecting contributions or making expenditures on behalf of his or her campaign.
• Within 10 days of filing Form DS-DE 9, a candidate must also file a Statement of Candidate (Form DS-DE 84), stating that he or she has received, read andunderstands Chapter 106, Florida Statutes.

What are my responsibilities as a candidate for reporting campaign fund activities?

• Each candidate is personally responsible for compliance with Chapter 106 requirements to designate a campaign treasurer, maintain records of contributions and expenditures and file campaign reports of contributions and expenditures with the appropriate filing officer.  For Cape Coral municipal elections, these reports are filed with the City Clerk of Cape Cape.  Failure to file a campaign report on the designated due date will result in a fine of $50 per day for each late day or 25% of total receipts or expenditures, whichever is greater.  Fines increase for campaign reports due immediately before a primary or general election.

Where may I get the required forms?

• Chapter 106 forms, which are prescribed by the Secretary of State, are available from the Division of Elections and local supervisor of elections. NOTE:  It is suggested that forms be obtained from the appropriate filing officer – for municipal elections in the City of Cape Coral, may be obtained from the City Clerk.

• City of Cape Coral – City Clerk  

1015 Cultural Park Boulevard
Cape Coral, FL  33990
574-0424 – fax
574-0411
www.capecoral.net

• State of Florida – Division of Elections

The Division of Elections of the Department of State has posted all enacted legislation that affects The Florida Election Code, Chapters 97-106, Florida Statutes, on its website:
http://election.dos.state.fl.us

• Lee County Supervisor of Elections

Sharon Harrington
Supervisor of Elections
P.O. Box 2545
Fort Myers, Florida 33902
533-8683
www.leeelections.com

Cape Coral Office
1039 SE 9th Place
Cape Coral, FL  33990
458-7020

If I don’t collect or spend any money during a reporting period, do I still have to file a campaign treasurer’s report?

• If you do not collect or spend any money during a reporting period, the filing of the required report for that period is waived; however the next report must specify that the report covers the entire period between the last submitted report and the report being filed.  Also, the candidate that is not required to file a treasurer’s report must notify the filing officer in writing on the due date of the report that no report is being filed since no contributions have been accepted and no expenditures made.  “Waiver of Report” forms are used for this purpose.  Failure to notify the filing officer on the designated due date will result in a fine.

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CONTRIBUTIONS                                                      

What is a contribution?

• Chapter 106.001(3) defines a contribution as:
• A gift, subscription, conveyance, deposit, loan, payment of 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.
• A transfer of funds between political committees, between committees of continuous existence, or between a political committee and a committee of continuous existence.
• The payment by any person other than a candidate or political committee of compensation for the personal services of another person which are rendered to a candidate or political committee without charge.
• The transfer of funds by a campaign treasurer or deputy campaign treasurer between a primary depository and a separate interest-bearing account or certificate of deposit, and the term includes any interest earned on such account or certificate.

What is not considered a contribution?

• Services provided without compensation by individuals volunteering time on behalf of a candidate or political committee; this includes accountant fees.
• Editorial endorsements.

What are the maximum contribution limits in Florida?  (See Chapter 106.08)

• $500 (combination of monetary and/or in-kind)
• To a candidate for county-wide offices or to a candidate in any election conducted on less than a county-wide basis, $500;
• To a candidate for legislative or multi-county office, $500;
• To a candidate for county court judge or circuit judge; $500;
• To a candidate for retention as a judge of a District Court of Appeals, $500;
• To a candidate for retention as a justice of the Florida Supreme Court, $500.

Note: The contribution limits provided above do not apply to contributions made by state or executive committees of a political party or to amounts contributed by a candidate to his own campaign.

The limitations do apply to each election.  The first primary, second primary and general election are deemed separate elections as long as the candidate has opposition.  However, for the purpose of contribution limits with respect to candidates for retention as a justice or judge, there is only one election.  With respect to candidates in a circuit holding an election for circuit judge or in a county holding an election for county court judge, there are only two elections, which are the first primary and the general.

No un-emancipated child under the age of 18 may make contributions in excess of $100 to any candidate or to a political committee.

Does this limit apply to what I contribute to my campaign?

• No, there is no limit to the amount you may contribute to your campaign.

Note:  No contributions may be received by a candidate or their treasurer after the date at which the candidate:

• Withdraws their candidacy.
• Becomes unopposed.
• Is elected to office or eliminated.

What is an in-kind contribution?

• An in-kind contribution is anything of value made for the purpose of influencing an election.  In-kind contributions are subject to the $500 contribution limit.  In-kind contributions are not actual money but rather goods and/or services provided they have a monetary value attached to them such as: printing services, wood for signs, office space, office equipment, etc.

What is the cut-off date for an opposed candidate to receive a contribution prior to an election?

• No later than midnight five (5) days prior to the election.  For a Tuesday election the cut-off would be the Thursday prior to the election at midnight.

May I accept cash contributions?

• Yes, Chapter 106 limits any single cash contribution or contribution by cashier’s check to no more than $100.  This $100 limitation does not apply to personal or business checks and other things of value.

May I accept anonymous contributions?

• No, Chapter 106 requires a candidate to maintain records of each contribution and its source.

Must I have a disclaimer on my campaign advertisements*?

• Any political advertisement that is paid for by a candidate and that is published, displayed, or circulated prior to, or on the day of, any election must prominently state: “Political advertisement paid for and approved by (name of candidate) (party affiliation) for (office sought).”

If a candidate is running for a nonpartisan office, the party affiliation does not have to be included. 

(*See Chapter 106.143 for details concerning campaign advertising.)

May I continue to accept contributions to pay a campaign debt after I lose or win an election?

• No, a candidate may not accept a contribution after he is defeated, becomes unopposed, or is elected to office.  Only refunds, such as deposits, for example, deposits required for erecting signs, are permitted.

May I still accept contributions after I take office?

• No, a candidate has 90 days to dispose of campaign funds in a campaign account after he becomes unopposed, withdraws or is elected.  (See Chapter 106.141)

If I am elected, when can I start raising campaign funds for re-election to the same office?

• An office holder may begin raising campaign funds for re-election at any time after he/she has re-designated a campaign depository and renamed a treasurer for that future election by filing with the appropriate filing officer.

May I use campaign funds collected for election for one office if I decide to seek a different office?

• Yes, a candidate is not prohibited from changing his office designation and using campaign funds for a new candidacy; however, certain rules must be followed.  (See Chapter 106.21)

May I accept contributions from people who do not reside in Florida?

• Yes, Chapter 106 does not distinguish between Florida and non-Florida individuals for contribution purposes.

May I put my campaign funds in a savings account and earn interest on them?

• Yes.

If my opponent refuses to file any reports, what can I do?

• You may file a complaint with the Florida Elections Commission by requesting a complaint form from your local Supervisor of Elections or the Division of Elections.  The sworn complaint must be filed with the Florida Elections Commission.

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EXPENDITURES                                                        

What is an expenditure?

• Chapter 106.011(f) 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 elections.

When may I make an expenditure?

• As soon as you have filed your Appointment of Campaign Treasurer and Designation of Campaign Depository and have campaign funds available.

Is there a limit on the total amount I may spend on my campaign?

• No, you are limited only by the amount of the funds you receive.

What is an independent expenditure?

• Chapter 106.071 states an 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 $100 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.  Political advertisements must prominently state, “Paid political advertisement paid for by (Name of person or committee paying for advertisement) independently of any candidate”, and shall contain the name and address of the person paying for the political advertisement.

Sample:  Paid Political Advertisement – Paid for by Mary Smith, independently of John Doe, candidate for City Council, District #, Mary Smith, 123 SW 45th Street, City, FL, Zip.

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FUNDRAISERS                                                 

What are fundraisers?

• Chapter 106.011(11) defines a fundraiser as “any affair held to raise funds for the furtherance of a campaign for public office.”

What steps must be taken to hold a fundraiser?

• Chapter 106.025 provides for fundraisers:
• Tickets and advertising sold for a campaign fundraiser must contain the disclaimer and other information required for political advertising.  The following statement must be included:  “The purchase of a ticket for, or a contribution to, the campaign fundraiser is a contribution to the campaign of (name of candidate for whose benefit the campaign fundraiser is held).”
• This advertisement must also contain the disclaimer “paid political advertisement” or “pd. pol. adv.” And must state the identity of the person or organization sponsoring the advertisement.  If ticket stubs are used, the name and address of the contributor can be written on the stub at the time of the sale and given to the campaign treasurer.
• Chapter 106.025 states that money received from and expenses paid for a fundraiser must be treated in the same manner as any other contributions and expenditures and must be reported on the next campaign treasurer’s report.

If I am elected, defeated, unopposed, or withdraw my candidacy, what must I do with surplus funds?

• A candidate must dispose of surplus funds pursuant to Chapter 106.141.  See 106.141 for details of the various methods allowable by law for disposing of surplus funds.
• You have 90 days to dispose of the funds in your campaign account and file a final report showing what was done with the remaining funds.  During this time, no contributions may be accepted.
• You have 7 days to transfer any funds in a separate interest-bearing account or certificate of deposit to the primary campaign account for disposal.
• If you filed an oath stating you were unable to pay the election assessment and/or fee for verifying petition signatures without imposing an undue burden, you are required to reimburse the qualifying officer for signature verification and, if there is still money remaining in the account, the election assessment fee will be forwarded to the Department of State.
• You may be reimbursed by your campaign account, in full or in part, during this 90-day period for any contributions you made to your campaign.
• Chapter 106.11(4) also allows you to:
• Purchase “thank you” advertising in the communications media for up to 75 days.
• Pay for items which were obligated, to include loans.
• Chapter 106.141(4)(a) and (5) states that any funds not spent or obligated may be:
• Returned pro rata to each contributor;
• Donated to a charity organization meeting the qualifications of Sec. 501©(3) of the Internal Revenue Code;
• Deposited in the general fund of the City;
• Transferred to an Office Account (up to $1,000 multiplied by the number of years in the term of office to which you were elected); reports are filed with the City Clerk each quarter until the account is closed.

May a candidate use credit cards for campaign expenditures?

• Chapter 106.125 allows candidates to obtain, and use in making travel-related campaign expenditures, credit cards.  To obtaining and use of a credit card by a candidate shall be subject to the following conditions:
• Credit cards may be obtained only from the same bank which has been designated as the candidate’s primary campaign depository.
• Credit cards shall be in the name of the candidate and shall reflect that the account is a campaign account.
• Before a credit card may be used, a copy of the agreement or contract between the candidate and the bank, and a list of all persons who have been authorized to use the card shall be filed with the Secretary of State.
• All credit cards issued to candidates shall expire no later than midnight of the last day of the month of the general election.
• Each statement rendered by the issuer of a credit card shall be paid upon receipt.
• Campaign travel-related expenditures shall include transportation, lodging, meals, and other expenses incurred in connection with traveling for campaign purposes.

 
May two candidates have a fundraiser together?

• There are no restrictions on two candidates having a fund raiser together as long as they adhere to all the requirements of Chapter 106 and keep track of individual contributions.