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

Transcription

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 2

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 T O C Managing Elections 3

4 Section 1 MANAGING ELECTIONS GOVERNING RULES AND GUIDELINES T O C 4

5 U.S. Election Laws Florida Constitution Home Rule Powers Florida State Statutes Chapters County Home Rule Charter If Applicable Municipal Charter Municipal Code Governing Rules/Guidelines 5

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 Governing Rules/Guidelines 6

7 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. Governing Rules/Guidelines 7

8 UTILIZE EXISTING RESOURCES! 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 Governing Rules/Guidelines 8

9 Section 2 MANAGING ELECTIONS Role Filing Officer T O C 9

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 10

11 Election Packet & Candidate Orientation Candidate Qualifying Forms Florida Statutes (FS ) Election Cycle Calendar Candidate Handbook Committee Handbook Canvassing Board Schedule Local/County signage code Other local information Role Filing Officer 11

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

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

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

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 15

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

17 Section 3 MANAGING ELECTIONS Role - Qualifying Officer T O C 17

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

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 19

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 20

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 21

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 Role - Qualifying Officer 22

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 Role - Qualifying Officer 23

24 Section 4 MANAGING ELECTIONS Role - Polling Place Manager T O C 24

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) 25

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 ss F.S Role - Polling Place Manager (Municipal Clerk) 26

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) 27

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

29 Section 5 MANAGING ELECTIONS Role - Election Records Manager T O C 29

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 30

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 31

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 32

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 Role - Election Records Manager 33

34 Section 6 MANAGING ELECTIONS Role Election Administrator T O C 34

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

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

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 37

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 38

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 39

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 40

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 Role Election Administrator 41

42 Section 7 MANAGING ELECTIONS Role Goodwill Ambassador T O C 42

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 43

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

45 Priscilla A. Thompson, CMC City Clerk City of Miami (Pop. 399,457) (305) Dawn M. Wright, MMC City Clerk City of Eagle Lake (Pop. 2,286) (863) Angela M. Apperson, MMC Assistant City Manager/City Clerk City of Cape Canaveral (Pop. 9,936) (321) x 220 a.apperson@cityofcapecanaveral.org Managing Elections 45