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Resign To Run Law

The “resign-to-run law” essentially prohibits an elected or appointed “officer” from qualifying as a candidate for another state, district, county or municipal public office if the terms or any part of the terms overlap with each other if the person did not resign from the office the person presently holds. The entire chapter of Florida Statutes 99.012 has been listed here for your reference.

99.012 Restrictions on individuals qualifying for public office.—

(1) As used in this section:

(a) “Officer” means a person, whether elected or appointed, who has the authority to exercise the sovereign power of the state pertaining to an office recognized under the State Constitution or laws of the state. With respect to a municipality, the term “officer” means a person, whether elected or appointed, who has the authority to exercise municipal power as provided by the State Constitution, state laws, or municipal charter.

(b) “Subordinate officer” means a person who has been delegated the authority to exercise the sovereign power of the state by an officer. With respect to a municipality, subordinate officer means a person who has been delegated the authority to exercise municipal power by an officer.

(2) No person may qualify as a candidate for more than one public office, whether federal, state, district, county, or municipal, if the terms or any part thereof run concurrently with each other.

(3)

(a) No officer may qualify as a candidate for another state, district, county, or municipal public office if the terms or any part thereof run concurrently with each other without resigning from the office he or she presently holds.

(b) The resignation is irrevocable.

(c) The written resignation must be submitted at least 10 days prior to the first day of qualifying for the office he or she intends to seek.

(d) The resignation must be effective no later than the earlier of the following dates:

1. The date the officer would take office, if elected; or

2. The date the officer’s successor is required to take office.

(e)1. An elected district, county, or municipal officer must submit his or her resignation to the officer before whom he or she qualified for the office he or she holds, with a copy to the Governor and the Department of State.

2. An appointed district, county, or municipal officer must submit his or her resignation to the officer or authority which appointed him or her to the office he or she holds, with a copy to the Governor and the Department of State.

3. All other officers must submit their resignations to the Governor with a copy to the Department of State.

(f)1. With regard to an elective office, the resignation creates a vacancy in office to be filled by election. Persons may qualify as candidates for nomination and election as if the public officer’s term were otherwise scheduled to expire.

2. With regard to an elective charter county office or elective municipal office, the vacancy created by the officer’s resignation may be filled for that portion of the officer’s unexpired term in a manner provided by the respective charter. The office is deemed vacant upon the effective date of the resignation submitted by the official in his or her letter of resignation.

(g) Any officer who submits his or her resignation, effective immediately or effective on a date prior to the date of his or her qualifying for office, may then qualify for office as a nonofficeholder, and the provisions of this subsection do not apply.

(4) A person who is a subordinate officer, deputy sheriff, or police officer must resign effective upon qualifying pursuant to this chapter if the person is seeking to qualify for a public office that is currently held by an officer who has authority to appoint, employ, promote, or otherwise supervise that person and who has qualified as a candidate for reelection to that office.

(5) The name of any person who does not comply with this section may be removed from every ballot on which it appears when ordered by a circuit court upon the petition of an elector or the Department of State.

(6) This section does not apply to:

(a) Political party offices.

(b) Persons serving without salary as members of an appointive board or authority.

(7) Nothing contained in subsection (3) relates to persons holding any federal office.

Frequently Asked Questions: Resign To Run Law

The Division of Elections has compiled this list of frequently asked questions to help candidates understand the Resign To Run law:

http://election.dos.state.fl.us/gen-faq.shtml#link9

 

Candidate Resources

Qualifying Information

2014 Qualifying Information will be available after the 2013 Legislative Session. 

DON'T OPEN YOUR BANK ACCOUNT UNTIL YOU HAVE FILED THE REQUIRED FORMS WITH THE ELECTIONS OFFICE.

Anyone seeking to become a candidate in Flagler County is welcomed to call or visit our office to learn about the qualification process.


Flagler County Candidates

Interested in becoming a candidate in Flagler County? This section of our Web site was created to provide the information you need to begin a successful campaign. 

Becoming A Candidate

Once you make the decision to run for public office in Florida you must file your candidacy with the appropriate office before you can make any expenditure or accept any contributions on behalf of your campaign. You must also file your candidacy before you open a campaign bank account. The office which you have chosen to run for determines where and when you file for candidacy.

Candidates for county and special district offices file and qualify with the Flagler County Supervisor of Elections. These offices include: County Commission, School Board, County Judge, Clerk of Court, Sheriff, Tax Collector, Property Appraiser, Supervisor of Elections, as well as Mosquito Control, Soil and Water Conservation District and Community Development District boards.

Candidates for multi-county, state or federal offices file directly with the Florida Division of Elections in Tallahassee. Contact the Division of Elections for more information about running for a multi-county, state or federal office.

Candidates for Mayor, City Council or City Commission must qualify with the City Clerk of the city where they reside. Ballot qualification rules and dates vary from city to city in accordance with the city’s charter. There are four municipalities in Flagler County: Beverly Beach, Bunnell, Flagler Beach and Palm Coast. Contact your City Clerk for more information about running for a city office.

If you are considering running for an office that qualifies with the Supervisor of Elections, your first step should be to read this booklet: Becoming A Candidate in Flagler County. Once you have an understanding of the requirements for local office, you should download the appropriate forms from the Division of Elections, complete the forms and file them with the Elections Office. At this time, you will receive a candidate handbook and information packet. New candidates are encouraged to make an appointment to meet with the qualifying officer to discuss any questions you may have regarding qualifying procedures. We are here to help, feel free to call our office if you have questions.

Other forms are due during the qualifying period for your office. While the cities set their own qualifying periods, other offices are subject to State Law. The qualifying period is the time when you must finish qualification for ballot position and submit all of the required paperwork as well as pay any required fees. You may begin your candidacy at any time after you file Form DS-DE 9 with the Supervisor of Elections, but you must complete your qualifying requirements by the close of the qualifying period to gain ballot position.

CANDIDATE QUALIFYING DATES

Judicial, State Attorney and Public Defender*

  • Qualifying Dates: Noon, April 16, 2012 - Noon, April 20, 2012

Federal, Statewide, Multi-County, County and District Offices*

(in years of legislative reapportionment, like 2012, there is not a separate qualifying period for federal offices)

  • Qualifying Dates: Noon, June 4, 2012 – Noon, June 8, 2012

*Note: Federal, State and Multi-County and Judicial Offices (except County Judge) file their qualifying paperwork with the State Division of Elections. County, Special District offices file their qualifying paperwork with the Flagler County Supervisor of Elections. Qualifying papers will be accepted beginning May 21, 2012, pursuant to Section 99.061(8), F.S. County Judges file their qualifying paperwork with the Supervisor of Elections in the county where they seek to qualify.

These qualifying dates are subject to change by the end of this 2012 Legislative Session.

Qualifying By Petition Method

A person who seeks to qualify as a candidate for any office and who meets the petition requirements is not required to pay the qualifying fee or party assessment fee, pursuant to F.S. 99.095. To meet the exact number of valid petitions required, it's often necessary to submit more than the requirement. Get started early soliciting petitions and submit them to the Elections Office as they are collected. This allows our office to keep candidates informed as to the status of their petition effort.

For all county offices, other than special district offices, the number of petitions required is equal to 1% of the total number of registered voters in the geographical area represented by the office sought at the last general election. The number of petitions required for all special district offices is 25.

2012 Petition Requirements

651 Valid Petitions:

  • County Judge
  • Sheriff
  • Clerk of Courts
  • Tax Collector
  • Property Appraiser
  • Supervisor of Elections
  • County Commissioner

25 Valid Petitions:

  • Flagler Soil & Water Conservation
  • East Flagler Mosquito Control
  • Community Development Districts

Petition Guidelines

To be valid, a petition must be submitted on the form adopted by the State of Florida (DS-DE 104, Effective 10/10). A fee of ten cents for each petition must be paid to the Supervisor of Elections in advance, unless the candidate files an oath of undue burden before submitting petitions. All candidates, except for special district candidates who are not collecting contributions and whose only expense is the petition verification fee or filing fee, must file their ‘"Designation of Campaign Treasurer and Depository" (Form DS-DE 9) before soliciting petition signatures.

Any candidate petition form which differs from the DS-DE 104 prescribed by the Division of Elections will not be accepted. According to Division of Elections Adopted Rule 1S-2.045, "Form DS-DE 104 must be reproduced for use by candidates in its exact wording and format without any changes in its text or format, except the DS-DE 104 may be reduced or enlarged proportionally in size as a whole document."

Candidate petition forms must be completed correctly by both the candidate and the voter in order to be verified. Missing or incomplete information will invalidate the petition. For more information, please refer to the 2011 Candidate Petition Handbook, published by the Division of Elections.

Petition Submission Deadline

Circuit or County Judge Candidates:

  • Noon, Monday March 19, 2012

Federal, State, County and Special District Candidates:

  • Noon, Monday May 7, 2012

Candidate Residency Requirements

  • County Commission candidates must reside in the district they are seeking at the time of being elected to office
  • School Board candidates must reside in the district they are seeking at the time of qualifying
  • Constitutional Officers must reside in the district they are seeking at the time of assuming office
  • Judicial candidates must reside in the district they are seeking at the time of assuming office

If required, one's current position or office must be resigned under the "Resign To Run" law [99.012(3), Florida Statutes]. More information is available from the Division of Elections: Resign To Run FAQ.

When Can I Announce My Candidacy?

Candidacy may be announced at any time, however candidates must:

  • File an Appointment of Campaign Treasurer and Designation of Campaign Depository (Form DS-DE 9) with the Supervisor of Elections office before any contributions are accepted or expenditures are made (106.021, Florida Statutes). The DS-DE 9 must be filed with the Supervisor of Elections office BEFORE a bank account is opened and prior to collecting petition signatures. Special district candidates who do not collect contributions and whose only expense is the signature verification fee or filing fee may collect petitions without filing the DS-DE 9 [Section 99.061 (3) F.S.].
  • File a Statement of Candidate (Form DS-DE 83 or Form DS-DE 84) within ten (10) days of filing the Appointment of Campaign Treasurer and Designation of Campaign Depository (106.023, Florida Statutes). 
  • The above forms can be obtained from the Division of Elections or by visiting the Supervisor of Elections office.

Candidates and Committees Reporting Calendar

 

Hatch Act for State and Local Employees

 Information Booklet

The Hatch Act applies to executive branch state and local employees who are principally employed in connection with programs financed in whole or in part by loans or grants made by the United States or a federal agency. Employees who work for educational or research institutions which are supported in whole or in part by a State or political subdivision of the State are not covered by the provisions of the Hatch Act.

Employees of private nonprofit organizations are covered by the Hatch Act only if the statute through which the organization receives its federal funds contains language which states that the organization shall be considered to be a state or local agency for purposes of the Hatch Act, e.g., Headstart and Community Service Block Grant statutes.

An employee’s conduct is also subject to the laws of the state and the regulations of the employing agency. Additionally, employees should be aware that the prohibitions of the Hatch Act are not affected by state or local laws.

Permitted Activities

Covered state and local employees may-

• run for public office in nonpartisan elections

• campaign for and hold office in political clubs and organizations

• actively campaign for candidates for public office in partisan and nonpartisan elections

• contribute money to political organizations and attend political fundraising functions

Prohibited Activities

Covered state and local employees may not-

• be candidates for public office in a partisan election

• use official authority or influence to interfere with or affect the results of an election or nomination

• directly or indirectly coerce contributions from subordinates in support of a political party or candidate

Penalties for Violating the Hatch Act

If the Merit Systems Protection Board finds that the violation warrants dismissal from employment, the employing agency must either remove the employee or forfeit a portion of the federal assistance equal to two years salary of the employee. If the Board finds the violation does not warrant the employee's removal, no penalty is imposed.

Covered employees are those whose principal employment is with a state, county or municipal executive agency, and whose job duties are “in connection with” programs financed in whole or in part by loans or grants made by the United States or an agency thereof. 5 U.S.C.§ 1501(4). Employees are subject to the Act if, as a normal and foreseeable incident of their principal employment, they perform duties in connection with the federally financed activities.

In re Hutchins, 2 P.A.R. 160, 164 (1944); Special Counsel v. Gallagher, 44 M.S.P.R. 57 (1990).

Coverage is not dependent on the source of an employee’s salary, nor is it dependent upon whether the employee actually administers the funds or has policy duties with respect to them.

Special Counsel v. Williams, 56 M.S.P.R. 277, 283-84 (1993), aff’d, Williams v. M.S.P.B., 55

Below are resources available to candidates and potential candidates to determine if a conflict of interest exists, if a person may be someone who would have to resign under Florida’s resign-to-run law, or if a person may be precluded by the federal Hatch Act from holding his/her current job and becoming a candidate in a partisan office.

Commission on Ethics:

Opinions are issued by the Commission on Ethics (COE) and are binding on the conduct of the person who is the subject of the opinion and to assist in avoiding a prohibited conflict of interest. The Code of Ethics for Public Officers and Employees, adopted by the Legislature as Part III of Chapter 112, Florida Statutes, contains standards of ethics conduct and disclosures applicable to public officers, employees, candidates, lobbyists, and others in Florida State and local government, with the exception of Judges. (The ethical standards for Judges of Florida's judicial branch are contained in the Code of Judicial Conduct, adopted by the Florida Supreme Court.)

Advisory opinions may be requested by letter presenting a question based on a real situation and including a detailed description of the situation to the:

Florida Commission on Ethics
Philip Claypool, Executive Director and General Counsel
P. O. Drawer 15709
Tallahassee, FL 32317-5709

OR

3600 Maclay Boulevard, South, Suite 201
Tallahassee, FL 32312
Phone: 850.488.7864
Fax: 850.488.3077

Website address: http://www.ethics.state.fl.us/

Division of Elections:

Pursuant to FS 99.012(3) Restrictions on individuals qualifying for public office, no officer may qualify as a candidate for another public office, whether state, district, county, or municipal, if the terms or any part thereof run concurrently with each other, without resigning from the office he or she presently holds. If required,written resignations are due at least 10 days prior to the first day of the qualifying period.

The Florida Department of State, Division of Elections (DOE) provides advisory opinions, as outlined in Rule 1S-2.010 Advisory Opinions, (attached) to Supervisors of Elections, candidates, local officers having election related duties, as well as to political parties, political committees, committees of continuous existence and other persons or organizations engaged in political activity relating to any provisions or possible violations of the Florida Election Laws. You may seek an advisory opinion in writing to the:

Florida Department of State
Division of Elections, Director's Office
Room 316, R.A. Gray Building
500 South Bronough Street
Tallahassee, Florida 32399-0250
Phone: 850.245.6200
Fax: 850.245.6217 or 850.245.6218
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Website address: http://election.dos.state.fl.us/

United States Office of Special Counsel:

The U.S. Office of Special Counsel (OSC) is an independent federal investigative and prosecutorial agency. The Counsel’s basic authorities come from three federal statutes: the Civil Service Reform Act, the Whistleblower Protection Act, and the Hatch Act. OSC issues advisory opinions to persons seeking advice about political activity under the Hatch Act. You may request such advice by mail, phone, fax, or e-mail to the:

Hatch Act Unit
United States Office of Special Counsel
1730 M Street, N.W., Suite 201
Washington, D.C. 20036-4505
Phone: 800.854.2824 or 202.254.3650
Fax: 202.653.5151
E-mail:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Website address: http://www.osc.gov/hatchact.htm

Attorneys:

Potential candidates are encouraged to consult with their Employer and/or Attorney of your Employer, the attorney for the agency for the office being sought, and/or your personal attorney.

The resources listed above are for informational purposes only and are not inclusive of all agenciesAs individual circumstances vary, so may their respective agency providing an advisory opinion. 

Updated: 04/2010

 

Candidate Frequently Asked Questions

This information applies to candidates who qualify with the Supervisor of Elections. Candidates for Mayor, City Council or City Commission must contact the City Clerk of the city where they reside for guidance in accordance with their city charter.

  1. When can I open my bank account?
  2. May a candidate appoint himself or herself as campaign treasurer and sign campaign checks?
  3. Must a campaign treasurer be a registered voter in Florida?
  4. Can a deputy treasurer file and submit campaign reports?
  5. If my treasurer is out of town, can I have an extension to file my report?
  6. What are the contribution limits for a candidate?
  7. What is an “in-kind” contribution and are they subject to the same limitations as monetary contributions?
  8. If I receive an in-kind contribution of office space and it exceeds the limits, what should I do?
  9. Do I have to itemize small contributions 5¢, $1, $5, $10, etc.?
  10. Do I have to list the contributor’s occupation for every contribution?
  11. I received an anonymous contribution, how do I report it?
  12. How is my name to be printed on my campaign checks?
  13. Can I accept contributions in a government-owned building?
  14. How long do I have to deposit contributions into my campaign account?
  15. Can I use a debit card for my campaign account?
  16. May I use a credit card for my campaign account?
  17. How much may I withdraw for petty cash?
  18. If I want to be a No Party Affiliation candidate, can I still be registered to vote as a Republican or Democrat?
  19. I’m a candidate and have decided to run for a different office – what is the procedure?
  20. Do I have to file campaign reports on the Online Reporting System (ORS)?
  21. As a candidate, am I required to use closed-captioning and descriptive narrative in my television broadcasts?
  22. Can I conduct a raffle to raise money for my campaign?
  23. If I am late submitting my report, how is my fine calculated?
  24. Do I have to use a political disclaimer on all of my campaign literature?
  25. When can I begin collecting petition signatures?
  26. Do I have to resign my office to run for another office in Florida?

1. When can I open my bank account?

A candidate must file an Appointment of Campaign Treasurer and Designation of Campaign Depository (Form DS-DE 9) with the Supervisor of Elections office before any contributions are accepted or expenditures are made (106.021, Florida Statutes). The DS-DE 9 must be filed with the Supervisor of Elections office BEFORE a bank account is opened and prior to collecting petition signatures. Special district candidates who do not collect contributions and whose only expense is the signature verification fee or filing fee may collect petitions without filing the DS-DE 9 [Section 99.061 (3) F.S.].

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2. May a candidate appoint himself or herself as campaign treasurer and sign campaign checks?

Yes. Only the treasurer and deputy campaign treasurer may sign campaign checks. (F.S. 106.021(1)(c)

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3. Must a campaign treasurer be a registered voter in Florida?

No. Effective 1/1/2008 the campaign treasurer does not have to be a registered voter in Florida.

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4. Can a deputy treasurer file and submit campaign reports?

Yes. A deputy treasurer may perform all of the duties of a campaign treasurer when specifically authorized to do so by the campaign treasurer and the candidate. (F.S. 106.021(4))

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5. If my treasurer is out of town, can I have an extension to file my report?

No. Campaign financing laws do not provide for an extension for filing campaign reports under these circumstances.

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6. What are the contribution limits for a candidate?

$500 per election is the limit you may accept from a contributor. $100 if the person is under 18 years of age. That includes either monetary or in-kind or the combination of both from an individual contributor. For contribution purposes, the primary and general elections are considered separate elections (F.S. 106.08). For cash or a cashier’s check the contribution limit is $50 (F.S. 106.09(1)).

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7. What is an “in-kind” contribution and are they subject to the same limitations as monetary contributions?

An in-kind contribution is anything having a monetary value in any form. (F.S. 106.011(3)(a)) Any person who makes an in-kind contribution shall place a fair market value on such contribution (F.S. 106.055). In-kind contributions are subject to the same contribution limitations set for monetary contributions.

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8. If I receive an in-kind contribution of office space and it exceeds the limits, what should I do?

You may accept an in-kind contribution up to the contribution limit threshold. You may not exceed the limit. You may pay, with campaign funds, for the office space after the limit is reached. (F.S 106.08)

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9. Do I have to itemize small contributions 5¢, $1, $5, $10, etc.?

Yes. Florida law provides no exceptions for the reporting of contribution information, regardless of the size of the contribution. The full name and address of the contributor is also required. Your report will be considered incomplete without the full name and address of each contributor. (F.S. 106.07(4)(a)(1)

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10. Do I have to list the contributor’s occupation for every contribution?

No. Only if the amount is over $100. The occupation must be specific. Listing occupation as businessman, business owner or executive is not specific. If a business contributes more than $100, the principal type of business must be listed. (F.S. 106.07 (4)(a)(1)

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11. I received an anonymous contribution, how do I report it?

This should be reported on the campaign report as an anonymous contribution. A cover letter should accompany the report explaining that the contribution is anonymous and therefore impossible to return. The candidate is not to spend the contribution and at the end of the campaign, donate the amount of the anonymous contribution to an appropriate entity under F.S 106.141. (Division of Elections Opinion 89-02)

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12. How is my name to be printed on my campaign checks?

“Campaign Account of (Name of Candidate),” See F.S. 106.11(1)(b) for minimum account information required for campaign checks. The Candidate and Campaign Treasurer's Handbook published by the Division of Elections is another good resource.

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13. Can I accept contributions in a government-owned building?

No person shall make, solicit or accept any political contribution in a building owned by a governmental entity (accept means to receive a contribution by personal hand delivery from a contributor or the contributor’s agent). This does not apply when a government-owned building or a portion thereof is rented for the specific purpose of holding a campaign fundraiser. (F.S 106.15(4))

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14. How long do I have to deposit contributions into my campaign account?

All contributions must be deposited into the campaign account prior to the end of the 5 th business day following receipt excluding Saturdays, Sundays and legal holidays. All deposits must be accompanied by a bank deposit slip containing the name of each contributor and the amount contributed by each. (F.S. 106.05)

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15. Can I use a debit card for my campaign account?

A candidate may use a debit card to make campaign expenditures. Debit cards are considered bank checks if they are obtained from the same bank that has been designated as the candidate’s primary campaign depository. They must state “Campaign Account of (Name of Candidate).” No more than 3 debit cards may be issued. Before a debit card is used, a list of all persons authorized to use the card is filed with the Division of Elections, Room 316, R.A. Gray Building, 500 South Bronough St, Tallahassee, FL 32399-0250. Debit cards must expire no later than midnight of the last day of the month of the general election. The person using the debit card cannot receive cash as part of any transaction. The treasurer, deputy treasurer or authorized user must sign each transaction. (F.S. 106.11(2))

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16. May I use a credit card for my campaign account?

No. Credit cards may not be used by candidates running for local office. (F.S. 106.125)

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17. How much may I withdraw for petty cash?

The campaign treasurer or candidate may, until the close of the last day of qualifying for office, withdraw the amount of $500 per calendar quarter. Following the close of the last day of qualifying and until the election, the campaign treasurer or candidate may withdraw $100 per week ($500 per week for candidates for statewide office). Petty cash may be spent only in amounts of less than $100 and only for office supplies, transportation expenses, and other necessities. Petty cash shall not be used for the purchase of time, space, or services from communications media. The total amount withdrawn and the total amount spent must be reported in each reporting period. (F.S. 106.12)

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18. If I want to be a No Party Affiliation candidate, can I still be registered to vote as a Republican or Democrat?

Yes. No Party Affiliation candidates will have their name placed on the general election ballot. (F.S. 99.0955(1))

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19. I’m a candidate and have decided to run for a different office – what is the procedure?

A candidate must file a new Designation of Campaign Treasurer form (DS-DE 9). Within 15 days of the change of filing, the candidate must notify all contributors in writing and offer to return a pro rata share of his/her contribution – make sure to enclose the DS-DE 86 Request for Return of Contribution form. If the contributor returns the form within 30 days, then he/she is entitled to a pro rata share of his/ her contribution. Any contributions not requested to be returned within the 30-day period may be used by the candidate for the newly designated office. (F.S. 106.021(1))

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20. Do I have to file campaign reports on the Online Reporting System (ORS)?

If the Flagler County Supervisor of Elections is your qualifying officer, you are required to submit all campaign reports using the Supervisor’s Online Reporting System (ORS). Each candidate is issued an ID number and password to use the ORS after they file the Appointment of Campaign Treasurer and Designation of Campaign Depository, form DS-DE9. For all other candidates for whom the Division of Elections is their qualifying officer, they must file campaign reports using the Division’s electronic filing system.

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21. As a candidate, am I required to use closed-captioning and descriptive narrative in my television broadcasts?

Yes. Each candidate is required to use closed-captioning and descriptive narrative in all television broadcasts regulated by the Federal Communication Commission or file a written statement with the filing officer stating reasons for not doing so. For local offices the Supervisor of Elections is your filing officer. (F.S. 106.165)

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22. Can I conduct a raffle to raise money for my campaign?

No. Pursuant to Section 849.09, Florida Statutes, it is unlawful for any person in this state to set up, promote, or conduct any lottery for money or anything of value.

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23. If I am late submitting my report, how is my fine calculated?

$50 per day for the first 3 days late and, thereafter, $500 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. However, for the reports immediately preceding the primary and general election, the fine shall be $500 per day for each late day, not to exceed 25% of the total contributions or expenditures, whichever is greater, for the period covered by the late report.

Late fees must be paid by using personal funds of the candidate. Campaign checks will not be accepted as payment of late fees. (F.S. 106.07)

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24. Do I have to use a political disclaimer on all of my campaign literature?

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 clearly state:

For partisan offices:

Political advertisement paid for and approved by (name of candidate), (party affiliation), for (office sought).

For non-partisan offices:

Political advertisement paid for and approved by (name of candidate), for (office sought).

For No Party Affiliation candidates:

Political advertisement paid for and approved by (name of candidate), No Party Affiliation for (office sought).

There are exceptions to this rule, some types of advertisements (such as hats, pens, bumper stickers) do not require a disclaimer. For additional information, refer to the Candidate and Campaign Treasurer Handbook: Division of Elections Publications

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25. When can I begin collecting petition signatures?

Signatures may not be obtained until the candidate has filed the Appointment of Campaign Treasurer & Designation of Campaign Depository form (DS-DE 9). The petitions are valid only for the qualifying period immediately following such filings. (F.S. 99.095)

Candidates are responsible for printing their own petitions. The petition form (DS-DE104) is found on the Division of Elections website.

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26. Do I have to resign my office to run for another office in Florida?

Click here for a detailed Q&A prepared by the Division of Elections on the Resign to Run law in Florida.

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Contact Info

Flagler County Supervisor of Elections

Flagler County Supervisor of Elections

Hours of Operation:
Monday - Friday
8:30 a.m. - 4:30 p.m.

Physical Address:
Supervisor of Elections
Flagler County
Government Services Building
1769 E. Moody Blvd.
Building 2 Suite 101
Bunnell, FL 32110

Mailing Address:
Supervisor of Elections
P.O Box 901
Bunnell, FL 32110

Phone Number:
Phone: (386) 313-4170

Fax Number:
Phone: (386) 313-4171

Email the Supervisor of Elections Send us an email!