Candidate filing and qualifying information
(updated
September 25, 2009)
 Filed
Candidates
Who
can be a candidate
 When
to announce candidacy
"Resign to Run" Law - Frequently asked Questions
Additional requirements
For any candidacy or
election information pertaining to municipal elections, please
contact your local city clerk.
Becoming a
candidate
What is a Candidate?
A candidate
is defined in 97.021(4), Florida Statutes, as any person to whom
any one or more of the following applies:
- Any person who seeks to qualify for nomination or
election by means of a petitioning process.
- Any person who seeks to qualify for election as a
write-in candidate.
- Any person who receives contributions or makes
expenditures or gives his or her consent for any other
person to receive contributions or make expenditures, with a
view to bringing about his or her nomination or election to,
or retention in, public office.
- Any person who appoints a treasurer and designates a
primary depository.
- Any person who files qualification papers and subscribes
to a candidate’s oath as required by law.
However, this definition does not include any candidate for a
political party executive committee.
Who can be
a Candidate?
- You
must be a registered voter in Volusia County to run for
local public office.
- A candidate for County Council shall
be a qualified elector of the county, and shall have been a
resident of the county for two years immediately preceding
the date on which they qualify to run for office. District
candidates shall have resided within the district from
which they are elected for at least six months prior to the
date on which they qualify to run for office. (County
Charter, Sec. 302).
-
School board candidates must reside in
the district for which they are qualifying at the time of
qualifying. For specific requirements of qualifying as a
candidate for school board, please contact the Volusia
County School Board.
-
If required
by the “resign to run law” to resign from one’s current
position or office, the written resignation must be filed by
April 16, 2010 for judicial candidates or June 4, 2010 for
all other candidates.
(99.012 (3), Florida Statutes)
When to
announce candidacy?
- Candidacy may be announced at any time;
- You MUST file an Appointment of Campaign Treasurer and
Designation of Campaign Depository (Form
DS-DE 9) with the Supervisor of Elections Office
before any contributions are accepted, before opening a
campaign account, and before expenditures are made (106.021,
Florida Statutes);
You MUST file a Statement of Candidate (Form
DS-DE 84) within ten (10) days of filing the
Appointment of Campaign Treasurer and Designation of
Campaign Depository (106.023, Florida Statutes)
Candidates for County Judge must file a Statement of
Candidate for Judicial Office (Form
DS-DE 83)
Candidate Qualifying
When and where do I file my
qualifying papers?
Qualifying is the final step that allows a candidate to have
his or her name on the ballot. For federal, state, or multi
county offices, you must file your qualifying papers with the
Department of State. For county and special district offices,
you must file your qualifying papers in the office of the
Supervisor of Elections during the assigned dates:
NOON, April 26, 2010 - NOON April
30, 2010
for all federal, judicial, state attorney and
public defender candidates
NOON June 14, 2010 – NOON June 18, 2010
for all statewide,
multi-county, county and district candidates
Qualifying papers will be accepted at the Volusia County
Department of Elections Office during normal business hours, at
any time during the qualifying period. Our office is located at
125 West New York Avenue, DeLand, Florida 32720.
What must I file when I qualify?
Candidates Paying the Qualifying Fee:
-
Form DS-DE 9, Appointment of Campaign Treasurer and Designation of Campaign
Depository and Statement of Candidate
Form DS-DE 84, unless you have already filed these forms with the Supervisor of Elections.
- Partisan Candidates:
Form DS-DE 24, Loyalty Oath, Oath of
Candidate and Statement of Party;
or
Non Partisan Candidates:
Form DS-DE 24B, Loyalty Oath and Oath of
Candidate.
-
Form 6 - Full and Public
Disclosure of Financial Interests for 2009 (and any other
forms applicable as identified on Form 6). A public officer
who has filed the full and public disclosure or statement of
financial interests for the year 2009 with the Commission on
Ethics prior to qualifying for office may file a copy of
that disclosure at the time of qualifying.
-
Qualifying Fee:
Partisan Candidates: 6% of annual salary as of July 1, 2009 or
Non Partisan Candidates: 4% of annual salary as of July 1, 2009
or
$25 for Special District candidates. Effective
1/1/2008, the filing fee for a special district candidate is
not required to be drawn on a campaign account.
The qualifying fee must:
--Be on a properly executed check;
--Be made payable to the County of Volusia;
--Be drawn upon the campaign account;
--Be in an amount not less than the fee required.
NOTE: A candidate should contact the Department of
Elections for the exact amount of the qualifying fee that is
due in advance of the deadline to qualify.
Candidates Qualifying by Petition:
-
Form
DS-DE 9, Appointment of Campaign Treasurer and Designation of
Campaign Depository and Statement of Candidate
Form
DS-DE 84, unless you have already filed these forms
with the Supervisor of Elections.
- Petition Certification Form, if qualifying by petition.
- Partisan Candidates:
Form DS-DE 24, Loyalty Oath, Oath of
Candidate and Statement of Party;
or
- Non Partisan Candidates:
Form DS-DE 24B, Loyalty Oath and Oath of
Candidate.
If my
qualifying papers are filed with an error or omission, will I be
considered disqualified?
Pursuant to 99.061(7), Florida Statutes, if the filing
officer receives qualifying papers that do not include all items
required, the filing officer shall make a reasonable effort to
notify the candidate of the missing or incomplete items and
shall inform the candidate that all required items must be
received by the close of qualifying. (NOON, April 30,
2010 for judicial candidates or NOON, June 18, 2010 for other
candidates)
After
filing as a candidate may I later change the way my name is to
appear on the ballot?
Pursuant to 99.061(7)(b), Florida Statutes, a candidate’s
name as it is to appear on the ballot may not be changed after
the end of qualifying.
May I get my qualifying fee back if I decide not to run?
Yes, 99.092(1), Florida Statutes, provides for reimbursement for
the qualifying fee, provided that you withdraw your candidacy before
the qualifying period ends.
Is there an alternative method to qualify as a candidate?
Pursuant to 99.095, Florida Statutes, a person
seeking to qualify for nomination to any office may qualify to have
their name placed on the ballot by means of the petitioning process.
Candidates who have filed the Appointment of
Campaign Treasurer and Designation of Campaign Depository (Form DS-DE 9)
and Statement of Candidate (Form DS-DE 84)
may obtain petition cards (Form DS-DE 104) from the Division of
Elections website: (http://election.dos.state.fl.us/forms/index.shtml).
Pursuant to 99.095(2)(b), Florida Statutes, petition forms are to be
reproduced by the candidate. Petition cards must be properly
completed and signed by 1% of the eligible, registered voters within
the District as of the last general election. Petition requirements,
by office, are as follows:
|
County Council
At Large: |
3269 |
|
County Council/School
Board
District 1: |
606 |
|
County Council/School
Board
District 2: |
590 |
|
County Council/School
Board District 3: |
713 |
|
County Council/School
Board District 4: |
655 |
|
County Council/School
Board District 5: |
707 |
|
County Judges |
3269 |
|
Volusia
Soil & Water Conservation District: |
25 |
|
West Volusia
Hospital Authority: |
25 |
- Candidates are encouraged to submit petitions periodically
while they are being gathered. However, the signed petitions
must be submitted to the Supervisor of Elections Office prior to
NOON on March 29, 2010 for judicial candidates and NOON, May
17, 2010 for all other candidates for verification.
- The Supervisor of Elections will notify you, in writing,
whether the required number of signatures has been obtained
prior to the first day of qualifying.
- During the qualifying period you will submit the petition
certification form, along with your qualifying papers to the
Supervisor of Elections.
- The Supervisor shall be paid in advance the sum of 10
cents for each signature checked. If you are unable to pay
such charges without imposing an undue burden on personal
resources or upon the resources otherwise available to you, you
may file written certification of such inability given under
oath to the supervisor and be entitled to have the signatures
verified at no charge. (99.097(4), Florida Statutes)
- If you have submitted the required number of eligible
signatures, you will not be required to pay the qualifying fee
or party assessment and will be entitled to have your name
printed on the ballot.
Please Note: Prior to disposing of campaign funds, pursuant to
106.141, Florida Statutes, any candidate who filed an oath stating
that he or she was unable to pay the election assessment or fee for
verification of petition signatures, or who qualified through the
petition process and was not required to pay an election assessment,
shall reimburse the state or local governmental entity, whichever is
applicable, for such waived assessment or fee for verification or
both. Such reimbursement shall be made first for the cost of
petition verification and then, if funds are remaining, for the
amount of the election assessment. The remaining funds shall be
disbursed in the manner prescribed.
STOP… Before you go any further, read the steps you
must take!
- File the "Appointment of Campaign Treasurer
and Designation of Campaign Depository" (Form DS-DE 9
)
with the Supervisor of Elections Office.
Open your campaign bank account.
Read "Chapter 106 Florida Statutes" and the
"Candidate Handbook on Campaign Financing".
File the "Statement of Candidate" (Form DS-DE 84)
with the Supervisor of Elections Office, within
ten days of filing the DS-DE 9.
You will now be required to file campaign
treasurer’s reports according to the reporting
schedule for the current year.
|
The information contained on this page and other
literature is not all-inclusive. If you are running for office, it
is your responsibility to become acquainted with relevant Florida
election laws and local charters that might have a bearing on your
campaign or qualifications to run for an office.
Ann McFall, Supervisor of
Elections
Volusia County Department of Elections
Historic Courthouse
125 West New York Avenue
DeLand, Florida 32720-5415
(386) 736-5930 – West Volusia
(386) 423-3311 – New Smyrna Beach Area
(386) 254-4690 – Daytona Beach Area
(386) 822-5715 or (386) 943-7073 – Fax Numbers
(386) 574-0598 ext. 5930 - Osteen Area
For further
information go to:
http://election.dos.state.fl.us
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