NEWS UPDATE: May 29, 2024

Don’t Lose the Election Before Your Campaign Begins:

The Top Four Mistakes to Avoid When Qualifying

Each election cycle, candidates are disqualified and/or fined due to easily preventable election law violations. Here’s how to avoid the top four mistakes:

1. Make sure you meet all of the qualification requirements before the qualification period ends.

• While the specifics vary depending upon the office sought, to qualify, you must generally: 
• satisfy a minimum age requirement (age 21 for state senator/ representative)
• be a resident of Florida for the requisite amount of time (2 years for state senator/representative)
• many positions also require you to be an elector and resident of the jurisdiction you are representing upon taking office
• pay the qualifying fee and party assessment or submit a sufficient number of petitions 
• Submit the Oath of Candidate (there are various forms depending on the office you are seeking and party affiliation, e.g., Form DS-DE 301A, 301B, 301C vs. Form DS-DE 303JU).
• Appoint a campaign treasurer and designate a campaign depository (Form DS-DE 9).
• File the Statement of Candidate (DS-DE 84) within 10 days of filing Form DS-DE 9 (above).
• Fully and publicly disclose all financial interests (CE Form 6, discussed below).
• Go to the Department of State’s website and confirm it shows you are qualified before the qualification period closes.
• Failure to follow these requirements could disqualify you from the election.

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Hannah Murphy

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2. If you are not qualifying using the petition method or write-in method, properly execute payment of the qualification fee.

• Make the check payable to the Florida Department of State, Florida Secretary of State, or Florida Division of Elections, as applicable.
• Use a check from your campaign account.
• Have the campaign’s treasurer or deputy treasurer sign the check (the candidate cannot sign the check unless they are officially designated as the campaign treasurer or deputy treasurer).
• Ensure the amount of the check matches the qualifying fee and that sufficient funds are in the account. Failing to pay the qualification fee properly may prevent your name from appearing on the ballot. 

3. If you currently hold a public office that would overlap with the term of the office you seek, you generally are required to submit a resignation (a few limited exceptions apply).

• If you are currently a public officer, and you are running for a public office with a term that will overlap with your current office (meaning you would take office before the expiration of the term of your current office), then you must irrevocably resign from your current office at least ten days before the first day of qualifying for the new office. Your resignation must be effective no later than the earlier of: (a) the date you would take office if elected; or (b) the date your successor is required to take office.  
• If you are a subordinate officer, deputy sheriff, or police officer seeking to qualify for a public office that is currently held by a public officer with authority to appoint, employ, promote or supervise you, and that public officer has qualified for reelection to that office, you must resign effective upon qualifying for office.
• You are not required to resign if: you serve on an appointed board or authority without pay; you hold federal office; you hold or are running for a political party office; or you are an elected officer running for federal office and the term of office you presently hold is scheduled to expire and be filled by election in the same primary and general election period as the federal office you are seeking.
• Violating the resign-to-run requirement will disqualify you from appearing on the ballot.

4. Fully and publicly disclose all financial interests.

• Candidates must file CE Form 6 at the time of qualifying.
• The 2023 Full and Public Disclosure must be filed electronically.
• Incumbent candidates and candidates who already have an existing filing requirement must also utilize the Florida Commission on Ethics Electronic Financial Disclosure Management System (“EFDMS”) to print the disclosure or print a verification of filing from their Filer Dashboard to file with their Qualifying Officer.
• Non-incumbent candidates, who do not currently hold another position requiring the filing of a Form 6 or a Form 1 must request an invitation to register to use the system. Once registered, you can complete the disclosure in EFDMS, then print and file the form with their Qualifying Officer.
• More specific instructions can be found here: 2023 Form 6 Instructions - Electronic Financial Disclosure Management System (floridaethics.gov)

The information provided in this email does not, and is not intended to, constitute legal advice; instead, all information in this email is for informational purposes only. Information in this email is general in nature and may not constitute the most up-to-date legal or other information. Readers of this email should contact us or an attorney of their choice to obtain advice with respect to any particular legal matter. No reader of this email should act or refrain from acting on the basis of information in this email without first seeking legal advice from counsel. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. This email does not create an attorney-client relationship between the reader and the authors of the email or this law firm.

HELPFUL LINKS

• To find each of the forms mentioned here, visit: Forms - Division of Elections - Florida Department of State
• To find the Commission on Ethics form 6 (CE Form 6), visit: Forms - Ethics (state.fl.us)
• To check whether you’ve qualified to run for office, visit: Candidates and Races - Candidate Tracking system - Florida Division of Elections - Department of State (myflorida.com)

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