Campaign finance requirements for Florida ballot measures

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Campaign finance requirements for Florida ballot measures are promulgated by the Florida Secretary of State's Office Division of Elections. The Secretary of State's Election Division oversees all reporting and administrative functions of campaign finance in the State of Florida.

The Elections division maintains a disclosure database on the financial activities of political committees in support or opposition of a ballot question in Florida.

If any person feels someone violated Florida campaign finance law, the first step is to file a complaint with the Florida Elections Commission. It is up to the elections commission to fully investigate all complaints[1]. If someone is found to be in violation of campaign finance law, in most cases a civil fine is imposed[2]. All criminal complaints are referred to the District Attorney in the county where alleged violation happened[3].

General requirements

Electioneering communications organization

Florida has a separate designation for independent expenditure campaigns involving advertising. An Electioneering communications organization is defined as any group, other than a political committee in which their activities are intended to making expenditures for electioneering communications or accepting contributions for the purpose of making electioneering communications[4].

Political committee

Under Florida law, groups in support or opposition to a ballot measure are considered to be political committees[5].

Statement of Organization

A political committee that plans to receive contributions or make expenditures exceeding $500 must file a statement of organization within 10 days of forming a committee or meeting the $500 threshold whichever is earlier[6].

Electioneering communications organizations that plans to receive contributions or make expenditures must file the statement of organization by expedited delivery within 24 hours after its inception or within 24 hours after the date it has the expectation of meeting the criteria of an Electioneering communications organization[7].

Campaign finance requirements

$50 cash limit

Under Florida law, there is a $50 cash limit for any contribution made via cash, coin, or cashiers check[8].

Accepting contributions from 501(c)4/527

A electioneering communications committee may not accept any money from a organization that is listed as a 527 or a 501(c)4 organization under the United States Internal Revenue Code[9]. This is in relation for any organization funding advertisements under this designation.

Campaign expenditures

Under Florida campaign finance law, expenditures must be made from a separate depository account for the campaign which can be done at a bank or credit union in Florida. Also, all expenditures must be made with bank check or a debit card[10]. Florida law defines a legal bank check with the title of the check as the "Campaign Account of (name of candidate or political committee)", the exact amount of the expenditure, the campaign's account number and the name of the bank, the purpose of the expenditure, and the person making the expenditure[11]. Debit cards must part of the campaign's bank account and only the campaign treasurer and other recognized staffers can hold possession of a debit card[12].

Contribution limits

There are no campaign contribution limits for campaigns in support or opposition of a ballot measure in Florida.

Filing reports

Under Florida law, any registered committee with the Secretary of State's election division must file all applicable campaign finance reports [13].

Mandatory electronic reporting

All political committees in Florida are required to file their campaign finance reports electronically[14].

Reporting requirements and reports

Florida EFS

Florida is different from other states as they do all their campaign finance reporting online through a system called Florida EFS which eliminates the need for separate campaign finance reporting forms[15]. Florida EFS is considered an all in one campaign finance reporting system. A campaign must use an approved vendor to file campaign finance reports involving the EFS[16].

Reporting deadlines

Quarterly reports are due on the 10th day following the end of each calendar quarter from the time a campaign appoints a treasurer[17]. During an election cycle, reports for political committees in support of an opposition are due eighteen days and four days before the election[18].

Campaign advertising restrictions

Under Florida law, if a campaign is paid through an electioneering communications organization which is considered an independent expenditure, the following disclaimer must state: "Paid political advertisement paid for by (Name and address of person paying for advertisement) independently of any (candidate or committee)"[19]. Any other political advertisement not paid through a electioneering communication organization must have the disclaimer as: "Paid electioneering communication paid for by (Name and address of person paying for the communication)"[20].

Terminating a committee

Any political committee can disband after it determines the committee will no longer receive contributions or make expenditures of $500 or more. A committee must notify the filing officer of who they filed their statement of organization with in order to terminate a committee[21]. There are no restrictions on how surplus funds can be disbursed.

External links

Campaign finance portal

References

  1. ↑ "Florida Senate" Florida Campaign Finance Law(Referenced Statue 106.25(4) Florida Statutes)
  2. ↑ [hhttp://www.flsenate.gov/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0106/SEC27.HTM&Title=-%3E2009-%3ECh0106-%3ESection%2027#0106.27 "Florida Senate" Florida Campaign Finance Law](Referenced Statue 106.27(2)) Florida Statutes)
  3. ↑ [hhttp://www.flsenate.gov/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0106/SEC27.HTM&Title=-%3E2009-%3ECh0106-%3ESection%2027#0106.27 "Florida Senate" Florida Campaign Finance Law](Referenced Statue 106.27(1)) Florida Statutes)
  4. ↑ "Florida Senate" Florida Campaign Finance Law(Referenced Statue 106.011.(19) Florida Statutes)
  5. ↑ "Florida Senate" Florida Campaign Finance Law(Referenced Statue 106.011.(1)(a)1 Florida Statutes)
  6. ↑ "Florida Senate" Florida Campaign Finance Law(Referenced Statue 106.03 (1)(a) Florida Statutes)
  7. ↑ "Florida Senate" Florida Campaign Finance Law(Referenced Statue 106.03 (b) Florida Statutes)
  8. ↑ "Florida Senate" Florida Campaign Finance Law(Referenced Statute 106.09(1))
  9. ↑ "Florida Senate" Florida Campaign Finance Law(Referenced Statute 106.08 (5)(d))
  10. ↑ "Florida Senate" Florida Campaign Finance Law(Referenced Statute 106.11)
  11. ↑ "Florida Senate" Florida Campaign Finance Law(Referenced Statute 106.11(1)(b))
  12. ↑ "Florida Senate" Florida Campaign Finance Law(Referenced Statute 106.11(2)(a)(2),(4))
  13. ↑ "flop "Florida Senate" Florida Campaign Finance Law(Referenced Statute 106.07)
  14. ↑ "Florida Senate" Florida Campaign Finance Law(Referenced Statute 106.0705(2)(b))
  15. ↑ "flop "Florida Senate" Florida Campaign Finance Law(Referenced Statute 106.07 (1)(d)2)
  16. ↑ "Florida Senate" Florida Campaign Finance Law(Referenced Statute 106.0706 (2)(b))
  17. ↑ "flop "Florida Senate" Florida Campaign Finance Law(Referenced Statute 106.07(1))
  18. ↑ "flop "Florida Senate" Florida Campaign Finance Law(Referenced Statute 106.07 (1)(d)2)
  19. ↑ "Florida Senate" Florida Campaign Finance Law(Referenced Statute 106.071(2))
  20. ↑ "Florida Senate" Florida Campaign Finance Law(Referenced Statute 106.1439(1_)
  21. ↑ "Florida Senate" Florida Campaign Finance Law(Referenced Statute 106.03(5))
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Campaign finance for ballot measures
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