2012 Florida Association of City Clerks (FACC) Summer Academy

1. 2012 Florida Association of City Clerks (FACC) Summer Academy MANAGING ELECTIONS

2. Panelists Dawn Wright, MMC City Clerk, City of Eagle Lake Priscilla A. Thompson, CMC City Clerk, City of Miami Angie Apperson, MMC Asst. City Mgr./City Clerk, City of Cape Canaveral Managing Elections

3. 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 Click on Section above to jump to that section in this Presentation TOC <-Click on symbol to jump back to this page Managing Elections

4. Section 1 • MANAGING ELECTIONS GOVERNING RULES AND GUIDELINES TOC

5. U.S. Election Laws • Florida Constitution – Home Rule Powers • Florida State Statutes – Chapters 99-107 • County Home Rule Charter – If Applicable • Municipal Charter • Municipal Code Click on Each Bulleted Item To View Examples in Your Browser Governing Rules/Guidelines

6. 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 Click on Each Bulleted Item To View Examples in Your Browser Governing Rules/Guidelines

7. ELECTION ADMINISTRATION Municipal elections may be administered either by municipalofficialsor 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 officialsprior 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 Governing Rules/Guidelines

8. 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 TIP Governing Rules/Guidelines

9. Section 2 • MANAGING ELECTIONS Role – Filing Officer TOC

10. Publish/notice filing deadline calendar • Send filing deadline reminders to candidates, committee chairs and treasurers • Accept and file qualifying documents • Accept and file campaign finance reports • Accept/send & file elections correspondence Role – Filing Officer

11. 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 Role – Filing Officer

12. Political Action Committees • Election packet includes all laws, forms, and handbooks (see previous slide) • Treat committees similar to candidates Role – Filing Officer

13. Campaign reports – with discrepancies Publish Calendar Reminder Letter Receive/File Report Role – Filing Officer Accept/File Amended Report Notify of Discrepancies

14. Campaign reports – LATE Publish Calendar Reminder Letter Late Report Notice Role – Filing Officer Receive/Record Fine Fine Letter Receive/File Report

15. 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 Role – Filing Officer

16. Keep Prospective Candidates INFORMED! • Minimizes reporting errors • Lowers work/costs associated with report amendments • Lowers incidents of having to file confidential complaints TIP Role – Filing Officer

17. Section 3 • MANAGING ELECTIONS Role - Qualifying Officer TOC

18. Schedule Candidate Qualifying • Review qualifying packets & qualifying procedures • Perform ministerial duties • Collect fees and assessments Role - Qualifying Officer

19. 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 Role - Qualifying Officer

20. 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 Role - Qualifying Officer

21. 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) Role - Qualifying Officer

22. 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 TIP Role - Qualifying Officer

23. 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 TIP Role - Qualifying Officer

24. Section 4 • MANAGING ELECTIONS Role - Polling Place Manager TOC

25. 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 Role - Polling Place Manager (Municipal Clerk)

26. 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 Act ss.553.501-553.513 Florida Statutes :Accessibility of polling places for people having a disability F.S. 101.715 Role - Polling Place Manager (Municipal Clerk)

27. Formal agreement between SOE and municipality • SOE manages polling places • Clerk assists with temporary polling places • Clerk’s roll is in communications and coordination • Troubleshoot and minimize election day issues Role - Polling Place Manager (County Supervisor of Elections)

28. YOUR SOE IS YOUR BEST FRIEND! • SOE provides rules and regulations TIP Role - Polling Place Manager

29. Section 5 • MANAGING ELECTIONS Role - Election Records Manager TOC

30. Ordinances, resolutions, motions • Candidate qualifying documents • Campaign Treasurer’s Reports • General election correspondence • Letters to/from Treasurers (USPS receipts) • L&A test results • Election results & certifications • FEC Confidential Complaint/investigation • Keep log of issues and complaints Role - Election Records Manager

31. 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 Role - Election Records Manager

32. 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 value • Maintain records destruction schedule • Get to know General Records Schedule GS3 for Elections Records Role - Election Records Manager

33. 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 TIP Role - Election Records Manager

34. Section 6 • MANAGING ELECTIONS Role – Election Administrator TOC

35. Election Legislation • Create elections packets • Campaign report filing calendar • Notices of election • Approve ballot and translation Role – Election Administrator

36. Logic and Accuracy testing • Canvassing Board • Election Audit • Certification of election • Assist with recounts Role – Election Administrator

37. 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 Role – Election Administrator

38. 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 Role – Election Administrator

39. 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 Role – Election Administrator

40. 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 Role – Election Administrator

41. 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 TIP Role – Election Administrator

42. Section 7 • MANAGING ELECTIONS Role – Goodwill Ambassador TOC

43. General public • Media – reporters and ads • Supervisor of Elections and all staff • Governing body (Mayor, Commission) • Municipal departments • Municipal Attorney • Police • Code Enforcement • Zoning • Communications • Finance Role – Goodwill Ambassador

44. HAVE FUN – THIS IS A GREAT JOB! • Be prepared • Listen actively • Inquire • Stick to the facts • Stay neutral TIP Role – Goodwill Ambassador

45. Questions ? ? Priscilla A. Thompson, CMC City Clerk City of Miami (Pop. 399,457) (305) 250-5360 pthomson@miamigov.com Dawn M. Wright, MMC City Clerk City of Eagle Lake (Pop. 2,286) (863) 293-4141 cityclerk@eaglelake-fl.com Angela M. Apperson, MMC Assistant City Manager/City Clerk City of Cape Canaveral (Pop. 9,936) (321) 868-1220 x 220 a.apperson@cityofcapecanaveral.org Managing Elections