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DOC060320Palm Beach County THERESA LePORE Supervisor of Elections 240 SOUTH MILITARY TRAIL WEST PALM BEACH, FL 33415 POST OFFICE BOX 22309 WEST PALM BEACH, FL 33416 TELEPHONE: (561) 656-6200 FAX NUMBER: (561) 656-6267 WEBSITE: vvvvvv. pbcelections. org CERTIFICATION OF NUMBER OF REGISTERED VOTERS MUNICIPALITY — NORTH PALM BEACH ELECTION DATE — MARCH 11, 2003 PRECINCT NUMBER REGISTERED VOTERS 1146 853 1148 176 1150 1,741 1152 1,248 1154 1,914 1158 1,090 1166 55 1168 2,157 1186 741 TOTAL %975 I, THERESA LePORE, SUPERVISOR OF ELECTIONS, hereby certify the foregoing to be.a true"and;porrect number of registered voters in the above municipality as it appears . of record in myoffice as of February 21, 2003. ' THERESA LePORE SUPERVISOR OF ELECTIONS PALM BEACH COUNTY Palm Beach County THERESA LLeRORE Supervisor of Elections FEBRUARY 24, 2003 MEMORANDUM 240 SOUTH MILITARY TRAIL WEST PALM BEACH, FL 33415 POST OFFICE BOX 22309 WEST PALM BEACH, FL 33416 TELEPHONE: (561) 656-6200 FAX NUMBER: (561) 656-6287 WEBSITE: www.pbcelections.org TO: PALM BEACH COUNTY MUNICIPAL CLERKS FROM: THERESA LePORE, SUPERVISOR OF ELECTIONS RE: DIVISION OF ELECTIONS OPINION DE 03-02 Enclosed please find a copy of Division of Elections Opinion DE 03-02 which pertains to municipal candidates. For those of you who are holding Municipal Elections, you may want to share this information with your candidates. If you have any questions, please let me know. /tal enclosure copy: Carol A. Loehndorf, Chair — PBC Democratic Executive Committee Post Office Box 27, West Palm Beach, FL 33402 Sidney Dinerstein, Chair — Republican Party of Palm Beach County 1555 Palm Beach Lakes Blvd., Suite 210, West Palm Beach, FL 33401 FLORIDA DEPARTMENT OF STATE Ken D etzner Secretary of State February 21, 2003 The Honorable Buddy Dyer c/o Mark Herron, Esquire Messer, Caparelio & Self Post Office Box 1876 Tallahassee, Florida 32302-1876 Dear Senator Dyer: 2(111113 FEB 24 Aid 10: 37 j �f �L�� rvL. .'y Li l� Vl,JUi-1 jI FL INFORMATION ONLY RE: DE 03-02 Activities of Political Parties Relating to Candidates for Nonpartisan Municipal Office §97.021(18), §106.08(2), §1'06.021(3), Florida Statutes This is in response to your request for an advisory opinion. As a candidate for Mayor of the City of Orlando, the division has the authority to issue an opinion to you pursuant to section 106.23 (2), Florida Statutes. You ask essentially the following questions: 1. Can political advertising for or on behalf of a candidate for a nonpartisan mayoral office refer to the political party affiliation of the candidate? 2. To what extent may a political party make a contribution to or on behalf of a candidate for a nonpartisan mayoral office, and conversely, to what extent may a candidate for a nonpartisan mayoral office accept a contribution of a political party made to or on behalf of such candidate? 3. May a political party make a 3 -pack expenditure pursuant to section 106.021(3), Florida Statutes; and, if so, what are the respective reporting responsibilities of the political party and the candidate for nonpartisan mayoral office regarding such an expenditure? 4. May a political party make an independent expenditure for or on behalf of a candidate for a nonpartisan mayoral office? 107 West Gaines Street Collins Building • Tallahassee, Florida 32399-0250 • (850) 245-6500 'k4-+T%-//TATTATrAT e1A0 0+'-I+A P7 77C The Honorable Buddy Dyer February 21, 2003 Page Two 2003 FEs 2 4 4110.37 w You represent in your letter. that the municipal office of Mayor is a nonpartisan office pursuant to the Orlando City Charter. Please note that Chapter 106, Florida Statutes, is specifically applicable to municipal offices. In order to answer your questions, we must first look to the statutory definition of "nonpartisan office." Section 97.021(18), Florida Statutes, defines a "nonpartisan office" to mean, "an office for which a candidate is prohibited from campaigning or qualifying for election or retention in office based on party affiliation." This definition applies to all nonpartisan offices. As to Question 1, as a candidate for a nonpartisan municipal office you are prohibited from campaigning'based upon party affiliation. Therefore, you must be very careful that your political advertising cannot be construed as such. Each advertisement would have to be reviewed independently to determine whether it meets this test. However, pursuant to section 97.021(18), Florida Statutes, as a nonpartisan municipal candidate, you may not publicly represent or advertise yourself as a member of any political party. Thus, information stating your political affiliation may not appear in your ,political advertising. It is permissible, however, for you to list partisan related experience such as "executive committee of party" in campaign advertisements. In doing so you would simply be providing information on past experiences as opposed to "campaigning based on party affiliation." Political advertisements done by others in consultation with you would have to meet the same requirements. As to Question 2, a political party may make a contribution to a candidate for a nonpartisan mayoral office and a candidate for a nonpartisan mayoral office may accept a contribution from a political party. Such contributions would be subject to the limitations contained in section_ 106.08(2), Florida Statutes. As to Question 3, pursuant to section 106.021(3), Florida Statutes, a political party may make direct expenditures for "obtaining time, space, or services in or by any communications medium for the purpose of jointly endorsing three or more candidates." Further, pursuant to that section any such expenditures shall not be considered a contribution or expenditure to or on behalf of any such candidate for the purposes of Chapter 106. A nonpartisan mayoral candidate may be endorsed by any or all political parties. Therefore, a political party may make a 3 -pack expenditure that would include a candidate for a nonpartisan mayoral office. A political party would report it as an expenditure, but not as a contribution. The candidate would have no responsibility to report it. As to Question 4, a political party may make an independent expenditure regarding a candidate for a nonpartisan mayoral office. i The Honorable Buddy Dyer February 21, 2003 Page Three SUMMARY .IU'll- RVti;1R0FE Ii- CiDOTS 2003 FEB 24 AM 10: 37 TE"1, 00s� i `, L A candidate for a nonpartisan mayoral office may not state their political affiliation in their campaign advertising. They may, however, list partisan related experience such as "executive committee of party" in campaign advertisements. A political party may make a contribution to. a candidate for a nonpartisan mayoral office and a candidate for a nonpartisan mayoral office may accept a contribution from a political party. Such contributions would be subject to the limitations contained in section 106.08(2), Florida Statutes. A political party may make a 3 -pack expenditure that would include a candidate for a nonpartisan mayoral office. A political party may make an independent expenditure regarding a candidate for a nonpartisan mayoral office. Prepared by: Sharon D. Larson Assistant. General Counsel EK/SDL/ccm Sincerely, Edward C. Kast Director, Division of Elections