Clay REC Committee Membership:

Republican Party Office Qualifying

This memorandum provides an overview of the candidate qualifying and campaign finance requirements that apply to candidates seeking a publicly elected position on a Republican Executive Committee (State Committeeman, State Committeewoman, Precinct Committeeman, and Precinct Committeewoman). This summary of the applicable law does not constitute legal advice as to any specific matter. Potential candidates should refer to the underlying statutes/rules and seek professional advice as appropriate.

Candidate Qualifying: Candidate Oath and Party Loyalty Oath

Under section 103.091, Florida Statutes, any person seeking a publicly elected position on a Republican Executive Committee must qualify by filing the applicable Candidate Oath with the county Supervisor of Elections between Noon on Monday, June 8 and Noon on Friday June 12, 2020. The Candidate Oath Form (DS-DE305CM) for political party positions is available under the “Forms and Publications” link on the website of the Division of Elections and is attached hereto. Note the Form must be notarized and indicate the candidate’s name as it wishes to appear on the ballot. Pre-qualifying paperwork may be submitted beginning 14 days prior to the qualifying period (May 26, 2020). Pursuant to Florida law, PCM/PCW and SCM/SCW are not considered “candidates” for purposes of the candidate requirements within the Florida Election Code.

In order to qualify you must be a registered member of the Republican Party and have not been a registered member of any other political party for 365 days preceding qualifying. See § 99.021(2)(b), Fla. Stat. You must also be a resident of the precinct or county from which you are elected. § 103.091, Fla. Stat. There is no limit on the number of terms in which a qualified person may serve. If you have questions regarding qualifying, you should contact your county Supervisor of Elections.

If the number of qualified PCM/PCW or SCM/SCW does not exceed the number of positions, then no election is held and the qualifying candidate is automatically elected. If there is a contested race, then the contest will appear on the Primary Election, August 18, 2020 ballot.

Under Republican Party of Florida Rule 9, each Republican Executive Committee member must sign and file a Party Loyalty Oath in the form prescribed by Rule 9. The Party Loyalty Oath must be filed with the Chairman of the applicable Republican Executive Committee (or the Chairman’s designee) no later than 30 days after election to party office. The Party Loyalty Oath must be witnessed, verified, or notarized per RPOF Rule 9. The Party

Loyalty Oath Form is available on the Republican Party of Florida website (florida.gop). Per RPOF Rules 5 and 11, failure to file a completed Party Loyalty Oath is cause for immediate removal from office.

Those elected will serve four-year terms beginning on December 1, 2020 per section 103.091(5), Florida Statutes, and RPOF Rules 5 and 11. The outgoing chairman of each REC shall hold an organizational meeting of all newly elected members for the purpose of electing officers within 30 days of the date the new members take office. The REC Chairman must file with the RPOF and the county Supervisor of Elections the names and addresses of its officers and members within 30 days of their election.

Pursuant to section 103.091(5), Florida Statutes, Article V of RPOF Constitution, and RPOF Rule 5, in the event that no PCM/PCW or SCM/SCW is elected or a vacancy occurs from any other cause on the REC, the vacancy shall be filled by a majority vote of those present at a regular REC meeting at which a quorum is present. The vacancy must be filled by a qualified member of the Republican Party residing where the vacancy occurred and for the unexpired portion of the term.

Those elected by the REC to fill a vacancy must also complete a Candidate Oath Form (filed with county Supervisor of Elections) and a Party Loyalty Oath filed with Chairman (or Chairman’s designee). The individual is not deemed a member until their name has been recorded with the county supervisor of elections by the REC Chairman (or his/her designee), the Candidate Oath has been signed and filed with the county Supervisor of Elections, and the Republican Party Loyalty Oath has been filed with the Chairman of the REC who must forward the Loyalty Oath to RPOF within 30 days.

Campaign Finance Reporting

Under section 106.0702, Florida Statutes, an individual seeking a publicly elected position on a political party executive committee who receives a contribution or makes an expenditure shall file a report of all contributions received and all expenditures made. The report must be filed with the county Supervisor of Elections by 5 p.m. on Friday, August 14, 2020 (the 4th day immediately preceding the primary election). Check with your county Supervisor of Elections to see if you are required to file electronically and obtain the necessary login ID/password and PIN numbers (if filing electronically, the deadline is midnight on Friday, August 14). Late filed reports are subject to automatic fines ($50 for first three days, $500 per day thereafter, not to exceed 25% of total contributions or expenditures, whichever is greater). See § 106.0702, Fla. Stat.

The required contents of the report are set forth in section 106.0702 and include the full name, address, occupation, amount, and date for each contribution; and the full name, address, amount, date, and purpose of each expenditure. Campaign loans, transfers, and other financial information must also be reported. The Division of Elections has published detailed information about the reporting requirements in its Candidate and Campaign Treasurer Handbook, which is available under the “Forms and Publications” link on the Division’s website.

There are no contribution limits for contributions and expenditures by those running for publicly elected positions on an REC. There is a $50 cash contribution limit and petty cash expenditures are not permitted.

If you do not receive any contributions or expend any reportable funds, the requirement to file the report is waived. See § 106.0702(6), Fla. Stat.

https://dos.myflorida.com/media/702936/dsde305cm-committeemen-and-committeewomen-oath-apr-2020.pdf