2012 Florida Association of City Clerks (FACC) Summer Academy MANAGING ELECTIONS.

2012 Florida Association of City Clerks (FACC) Summer

Academy

MANAGING ELECTIONS

Managing Elections

Panelists

Dawn Wright, MMCCity Clerk, City of Eagle Lake

Priscilla A. Thompson, CMCCity Clerk, City of Miami

Angie Apperson, MMCAsst. City Mgr./City Clerk, City of Cape Canaveral

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Managing Elections

TABLE OF CONTENTS (TOC)◦1. Governing Rules and Guidelines◦2. Filing Clerk◦3. Qualifying Officer◦4. Polling Place Manager◦5. Records Manager◦6. Elections Administrator◦7. Goodwill Ambassador

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TOC

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GOVERNING RULES AND GUIDELINES

Section 1 MANAGING ELECTIONS

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Governing Rules/Guidelines

U.S. Election Laws Florida Constitution – Home Rule PowersFlorida State Statutes – Chapters 99-107County Home Rule Charter – If Applicable

Municipal CharterMunicipal Code

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Governing Rules/Guidelines

Opinions◦FL Division of Election Opinions◦Municipal Attorney Opinions◦FL Office of the Attorney General◦FL Elections Commission – Final Orders◦FL Court Opinions

Florida League of Cities

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Governing Rules/Guidelines

ELECTION ADMINISTRATION

Municipal elections may be administered either by municipal officials or by the county supervisor of elections (SOE). A municipality may choose to administer its election through a municipal elections board or other appropriate municipal officials; e.g., the manager or Municipal Clerk

In such cases, the SOE is responsible to deliver the necessary records and equipment to the appropriate municipal officials prior to the election and to collect them after the election.

On the other hand, a municipality may seek an arrangement with the SOE whereby the supervisor will administer municipal elections.

In either event, “the municipality shall reimburse the SOE for the

actual costs incurred” including, specifically, the costs of printing and delivery of municipal ballots.

From Florida League of Cities – Elements of Municipal Government

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Governing Rules/Guidelines

UTILIZE EXISTING RESOURCES!◦E-Mail blasts◦Florida League of Cities◦Florida Association of City Clerks◦FL Dept. of State, Division of Elections Attorneys◦County Supervisor of Elections (SOE)◦Official from other municipalities◦Local and State Ethics Commissions◦Municipal public records archives◦Other municipal charters and code – Municode◦Internet

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Role – Filing Officer

Section 2 MANAGING ELECTIONS

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Role – Filing Officer

Publish/notice filing deadline calendarSend filing deadline reminders to

candidates, committee chairs and treasurers

Accept and file qualifying documentsAccept and file campaign finance reportsAccept/send & file elections

correspondence

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Role – Filing Officer

Election Packet & Candidate Orientation◦Candidate Qualifying Forms◦Florida Statutes (FS 99-107)◦Election Cycle Calendar◦Candidate Handbook◦Committee Handbook◦Canvassing Board Schedule◦Local/County signage code◦Other local information

Inform prospective candidate where they can obtain updated information. If they agree, get contact information

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Role – Filing Officer

Political Action Committees◦Election packet includes all laws, forms, and

handbooks (see previous slide)◦Treat committees similar to candidates

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Role – Filing Officer

Campaign reports – with discrepancies

Publish Calendar Reminder Letter Receive/File Report

Accept/File Amended Report Notify of Discrepancies

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Role – Filing Officer

Campaign reports – LATE

Publish Calendar Reminder Letter

Receive/File ReportReceive/Record Fine Fine Letter

Late Report Notice

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Role – Filing Officer

File confidential complaints to the Florida Elections Commission when required

Provide certified copies of campaign files and signed affidavits to FEC when asked

Request formal opinions from the Division of Elections when necessary

Provide written/oral deposition to State Attorney when asked

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Role – Filing Officer

Keep Prospective Candidates INFORMED!◦Minimizes reporting errors◦Lowers work/costs associated with report

amendments◦Lowers incidents of having to file confidential

complaints

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Role - Qualifying Officer

Section 3 MANAGING ELECTIONS

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Role - Qualifying Officer

Schedule Candidate QualifyingReview qualifying packets & qualifying

proceduresPerform ministerial dutiesCollect fees and assessments

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Role - Qualifying Officer

Schedule Candidate Qualifying◦Pre-qualifying election notices and calendars◦Lighten workload during qualifying period◦Schedule appointments for prospective

candidates (“Announced Candidate”)◦Prepare requisites, forms and calendars for

candidates, committees, and petitioners

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Role - Qualifying Officer

PERFORM MINISTERIAL DUTIES◦Ensure timeliness of qualifying documents◦Examine face of qualifying documents◦Notarize documents◦Accept fees and assessments◦Administer oaths◦Accept and file documents◦Accept corrections until end of qualifying period◦Accept no corrections after qualifying deadline

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Role - Qualifying Officer

MANAGE FEES AND ASSESSMENTS◦Accept qualifying fees and assessment fees

Return fees if candidate withdraws before the end of qualifying

Send 1% assessment to Elections Commission 30 days after the closing of qualifying period

◦Certification from SOE for petitioners (if filed)◦Affidavit of Financial Hardship (if filed)

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Role - Qualifying Officer

UTILIZE A QUALIFYING CHECKLIST!◦Ensures uniformity for all prospective

candidates◦Eliminates possible omissions during busy

moments◦Creates a public record of agreement between

prospective candidate and clerk that: All appropriate steps of the qualifying process

were undertaken Candidate/Treasure reviewed & received election

packet

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Role - Qualifying Officer

REMEMBER … MINISTERIAL DUTY!MINISTERIAL DUTY!MINISTERIAL DUTY!

◦ A ministerial act or duty is a function performed without the use of judgment by the person performing the act or duty

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Role - Polling Place Manager

Section 4 MANAGING ELECTIONS

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Role - Polling Place Manager (Municipal Clerk)

Hiring and Managing Poll Workers◦SOE approved poll workers (if possible)◦Rate of poll worker pay matches SOE workers◦Check Charter requirements◦Get input from precinct clerk◦Have fair representation of entire municipality◦Provide SOE with information as to when

workers can expect to be paid◦Contact all workers to make sure they are

available and willing to work polls

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Role - Polling Place Manager (Municipal Clerk)

A.D.A. Requirements◦If parking for voters, then parking for disabled

voters◦Proper signage identifying path to polling place◦Level, firm, stable, slip-resistant surfaces◦Unobstructed voting area◦Sufficient lighting along path and in voting area

Florida Americans With Disability Accessibility Implementation Actss.553.501-553.513

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Florida Statutes :Accessibility of polling places for people having a disabilityF.S. 101.715

Role - Polling Place Manager (County Supervisor of Elections)

Formal agreement between SOE and municipality

SOE manages polling placesClerk assists with temporary polling

placesClerk’s roll is in communications and

coordinationTroubleshoot and minimize election day

issues

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Role - Polling Place Manager

YOUR SOE IS YOUR BEST FRIEND!SOE provides rules and regulations

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Role - Election Records Manager

Section 5 MANAGING ELECTIONS

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Role - Election Records Manager

Ordinances, resolutions, motionsCandidate qualifying documentsCampaign Treasurer’s ReportsGeneral election correspondenceLetters to/from Treasurers (USPS receipts)

L&A test resultsElection results & certificationsFEC Confidential Complaint/investigationKeep log of issues and complaints

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Role - Election Records Manager

MAINTAIN RECORDS◦Maintain active candidate file – KEEP SECURE◦Maintain exempt public records and ongoing

FEC complaints – KEEP SECURE

◦Ease accessibility to all other public records Active campaign file – keep organized and up-to-date Records archive – keep organized and up-to-date Website – keep organized and up-to-date

◦Respond to public information requests ASAP

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Role - Election Records Manager

REDACT confidential information on copies, if needed

Get permission from Department of State (Division of Elections) to destroy unused ballots, forms, and other election materials

Examine for historical/archival valueMaintain records destruction scheduleGet to know

General Records Schedule GS3 for Elections Records

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Role - Election Records Manager

GO ELECTRONIC!◦Improve information access – single point

repository◦Integrate with other systems – web portals, ◦Increase public access to information◦Automate collaborative business processes◦Mitigate risk with records management

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Role – Election Administrator

Section 6 MANAGING ELECTIONS

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Role – Election Administrator

Election LegislationCreate elections packetsCampaign report filing calendarNotices of electionApprove ballot and translation

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Role – Election Administrator

Logic and Accuracy testingCanvassing BoardElection AuditCertification of electionAssist with recounts

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Role – Election Administrator

Absentee Ballot & Early Voting◦Check with SOE – May send AB’s for you◦Verify AB signatures in advance ◦Check your election code to see if your city

participates in Early Voting

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Role – Election Administrator

Oaths of Office – Elected Official◦Refer to code or charter requirements◦Coordinate with municipal attorney◦Prepare Oath of Office◦Administer oath – (clerk, judge, or notary)◦File oath

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Role – Election Administrator

Petitions - in lieu of qualifying / Initiative / Referendum / Charter Amendments◦Provide examples of required petition elements◦Have city-wide/district-wide voter registration

statistics available◦Communicate with SOE◦Review Code to make sure you have the

authority to verify signatures◦Verify signatures as soon as you can

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Role – Election Administrator

Complaints◦Before receiving a complaint:

Publish information for campaigns – running campaigns, election laws

Publish general public and voters – registration, voting places

Publish information regarding zoning laws and signage Create list of points of contact with Legal, Zoning, Code

Enforcement, and Police officials – circulate this list◦After:

Document the complaint Forward complaint to appropriate officer Follow up if necessary Debrief when resolved

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Role – Election Administrator

UTILIZE AN ELECTION CHECKLIST!◦Standardizes complex procedures◦Eliminates possible omissions during busy

moments◦Project management tool – Keep on Course◦Communication tool / collective Learning◦Continuous improvement

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Role – Goodwill Ambassador

Section 7 MANAGING ELECTIONS

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Role – Goodwill Ambassador

General publicMedia – reporters and adsSupervisor of Elections and all staffGoverning body (Mayor, Commission)

Municipal departments◦Municipal Attorney◦Police◦Code Enforcement◦Zoning◦Communications◦Finance

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Role – Goodwill Ambassador

HAVE FUN – THIS IS A GREAT JOB!◦Be prepared◦Listen actively◦Inquire ◦Stick to the facts◦Stay neutral

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Managing Elections

QuestionsPriscilla A. Thompson, CMCCity ClerkCity of Miami (Pop. 399,457)(305) [email protected]

Dawn M. Wright, MMCCity ClerkCity of Eagle Lake (Pop. 2,286)(863) [email protected]

Angela M. Apperson, MMCAssistant City Manager/City ClerkCity of Cape Canaveral (Pop. 9,936)(321) 868-1220 x [email protected]

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