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MDC Ordinance 13-05 Granado, Rafael From: Granado, Rafael Sent: Monday, March 18, 2013 4:01 PM To: Christine Florez; Dave Crystal; David P. Hundley; Elsa Urquiza (elsaurquiza @bellsouth.net);jerlib @aol.com;Jorge Exposito;Joshua C. Dunkelman; Michael Christian Gongora; Michael Grieco; Philip Levine; Sherry Roberts;Adam A. Cedrati, Treasurer; Eddy Cantos; Edward Cantos; Lynn Hundley; Paul Exposito; Paul Janas; Roberta Gould; Sanford B. Horwitz Cc: Granado, Rafael; Hatfield, Liliam Subject: New Miami-Dade County Code Requirements for Candidates Attachments: Final Revd Form MD-ED 26 - ABS 2.pdf, 13-05.pdf;Important Dates November 2013 with Paid Campaign Workers AB form MDC.pdf Importance: High Good afternoon, Pursuant to newly enacted Section 12-14.1 of the Code of Miami-Dade County, Florida, candidates running for municipal office, whose paid poll workers are engaged in absentee ballot activities must file the attached form MD-ED 26 to comply with Section 12-14.1 Absentee Ballot Campaigning Reporting Requirement. • Each campaign treasurer designated by a candidate for municipal office in Miami-Dade County shall, at the time of filing any contribution or expenditure reports otherwise required by law, file an additional report with the City Clerk (Form MD-ED 26). The report shall identify the names of all paid campaign workers, whether employed by the campaign or any consultant or agent of the campaign, participating in the campaign or undertaking any other activities regarding absentee ballots. The report shall be filed on a form created by the Supervisor of Elections for such purpose (Form MD-ED 26). A copy of the form to be used for Miami Beach is attached hereto. The form will also be placed under the link entitled "Blank Forms For Candidates", located at: http://www.miamibeachfl.gov/citVclerk/elections/scroll.aspx?id=31214#BlankForms No reporting or submittal of Form Mb-ED 26 is required if no paid campaign workers participated in absentee ballot activities during the applicable reporting period. • Any candidate failing to file a report as required by Section 12-14.1 on the designated due date shall be subject to a fine of $50 per day for the first three (3) days and, thereafter, $500 per day for each day late not to exceed $5,000. Such fine shall not be an allowable campaign expense and shall be paid only from the personal funds of the candidate. Any candidate may appeal or dispute the fine to the Miami-Dade County Commission on Ethics and Public Trust based upon, but not limited to, unusual circumstances surrounding the failure to file on the designated due date, and may request, and shall be entitled to, a hearing before the Commission on Ethics and Public Trust, which shall have the authority to waive the fine in whole or in part. Any such appeal or dispute shall be made within twenty (20) days after receipt of notice that payment is due or such appeal or dispute shall be waived. • Candidates for municipal office in Miami-Dade County may not direct or knowingly permit any paid or volunteer campaign worker to violate any provision of the Miami-Dade County Code or Florida Law regarding the conduct of absentee voting. Any such candidate found to violate this subsection by the Commission on Ethics and Public Trust shall, in addition to any other civil or criminal penalties provided by law, shall be subject to the penalties provided in Section 2-11.1(bb) of the Code of Miami-Dade County. i The MD-ED 26 form is due at the same time your Campaign Treasurer's Reports are due. The first MD-ED 26 form is due on April 10, 2013, along with your Q1-13 - First Quarter Campaign Treasurer's Report covering January 1, 2013 to March 31, 2013. As the Office of the City Clerk does not assign ID Numbers to candidates, you may leave that section of the MD-ED 26 form blank. If you have any questions, please feel free to contact me. Please acknowledge receipt of this e-mail. Included herein are: 1) A copy of form MD-ED 26 2) County Ordinance 13-05 and 3) Revised Important Dates and Deadlines. Regards, MIAMI EACH Rafael E. Granado, Esq., City Clerk CITY CLERK'S OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7411 www.miamibeachfl.gov We are committed to providing eXcellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. 2 MIAMI-DADE COUNTY ELECTIONS DEPARTMENT PAID CAMPAIGN WORKERS PARTICIPATING A7tAMEI�AADIE IN ABSENTEE BALLOT ACTIVITIES SUMMARY OFFICE USE ONLY Name I.D. Number Address (number and street) City, State, Zip Code ❑ CHECK IF ADDRESS HAS CHANGED Candidate for: ❑ Mayor ❑ Commissioner REPORT IDENTIFIERS Report Name Cover Period through Report Type ❑ Original ❑Amendment CERTIFICATION It is a first degree misdemeanor for any person to falsify a public record (ss. 839.13, F.S.) I certify that I have examined this report and it is true, I certify that I have examined this report and it is true, correct, and complete. correct, and complete. (Type name) Treasurer ❑ Deputy Treasurer (Type name) ❑ Candidate X X Signature Signature MD-ED 26(Rev.03113) PAID CAMPAIGN WORKERS PARTICIPATING MIAMMADE MM IN ABSENTEE BALLOT ACTIVITIES THIS REPORT MUST BE FILED BY CANDIDATES RUNNING FOR CITY OF MIAMI BEACH MAYOR OR CITY OF MIAMI BEACH COMMISSIONER. (1) Name (2) I.D. Number (3)Report Name (4) Cover Period through (5) Report Type ❑Original ❑ Amendment (6) Page of (7) (8) (9) (10) (11) Row Full Name Employed By Name of Organization Employed By Amendment Number (Last, Suffix, First, Middle) (if not directly hired by campaign) Type SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES MD-ED 26(Rev.03113) INSTRUCTIONS FOR PAID CAMPAIGN WORKERS PARTICIPATING IN ABSENTEE BALLOT ACTIVITIES In line with Section 12-14.1 of the Code of Miami-Dade County, Florida, candidates running for Miami-Dade County Charter positions(Mayor,Commissioner, Property Appraiser, Clerk of the Circuit Courts, and Community Council), as well as candidates running for municipal office, whose paid poll workers are engaged in absentee ballot activities must file this for Section 12-14.1 Absentee Ballot Campaigning Reporting Requirement. (1) Each campaign treasurer designated by a candidate for County or municipal office in Miami-Dade County shall, at the time of filing any contribution or expenditure reports otherwise required by law, file an additional electronic report with the officer responsible for receiving such candidate's contribution or expenditure reports. The report shall identify the names of all paid campaign workers,.whether employed by the campaign or any consultant or agent of the campaign, participating in the campaign or undertaking any other activities regarding absentee ballots.The report shall be filed on a form created by the Supervisor of Elections for such purpose. (2) Any candidate failing to file a report as required by this section on the designated due date shall be subject to a fine of$50 per day for the first three(3) days and, thereafter, $500 per day for each day late not to exceed$5,000.Such fine shall not be an allowable campaign expense and shall be paid only from the personal funds of the candidate.Any candidate may appeal or dispute the fine to the Miami-Dade County Commission on Ethics and Public Trust based upon, but not limited to,unusual circumstances surrounding the failure to file on the designated due date,and may request,and shall be entitled to, a hearing before the Commission on Ethics and Public Trust, which shall have the authority to waive the fine in whole or in part. Any such-appeal or dispute shall be made within twenty(20)days after receipt of notice that payment is due or such appeal or dispute shall be waived. (3) Candidates for County and municipal office in Miami-Dade County may not direct or knowingly permit any paid or volunteer campaign worker to violate any provision of the Miami-Dade County Code or Florida Law regarding the conduct of absentee voting. Any such candidate found to violate this subsection by the Commission on Ethics and Public Trust shall, in addition to any other civil or criminal penalties provided by law, shall be subject to the penalties provided in Section 2-11.1(bb)of the Code of Miami-Dade County. FILING OUT ALL THE REQUIRED FIELDS: (1) Type name of the entity. (2) Type identification number assigned by the Supervisor of Elections or other filing officer. (3) Type report name(e.g.,Q1-13,Q2-13,etc). (See Calendar and Election Dates for appropriate report names.) (4) Type cover period dates(e.g.,04/01/13 through 06/30/13). (See Calendar and Election Dates for appropriate cover periods.) (5) Select report type,it is either an Original submission or an Amendment. Select Original if it is the first time the form is filed for a report.Select Amendment when amending a previously submitted report. (6) Type page numbers(e.g., 1 of 3). (7) Type the row number. Each detail line shall have a row number assigned to it. Row numbers are to be assigned within each reporting period and for each detail line. Thus the report type and row number will combine to uniquely identify a paid campaign worker participating in absentee ballot activities. For example,a Q1 report having 40 campaign workers would use row numbers 1 through 40. The next report(Q2),comprised of 30 campaign workers would use row numbers 1 through 30. Campaign workers on amended Q1 reports would begin with row number 41 and on amended Q2 reports would begin with row number 31. See Amendment Type instructions below. (8) Type full.name of paid campaign worker participating in absentee ballot activities. (9) Enter the type of organization employed by:Candidate Campaign,Consultant(hired by the Campaign),Agent of the Campaign,or Other. (10) Type the name of the organization that employed the paid campaign workers participating in absentee ballot activities. (11) Enter the Amendment Type(required only on amended reports)as either"ADD"or"DELETE". ADDING A NEW RECORD:To add a new(previously unreported)record for the reporting period being amended,enter"ADD"in the amendment type on a line with ALL of the required data. The row number for an amendment type"ADD"will start at one plus the number of rows in the original report. For example, when amending an original Q2 report that had 30 rows,the ninth"ADD"row would have sequence number 39. (7) (8) (9) (10) (11) Row Full Name Employed By Name of Organization Employed By Amendment Number (Last,Suffix,First,Middle) (if not directly hired by campaign) Type 39 Doe,John E. Candidate Campaign ADD DELETING AN EXISTING RECORD: Enter"DELETE"in the amendment type on the row number that needs to be deleted. In combination with the report number being amended,this row number will identify the paid campaign worker to be dropped from your active records. (7) (8) (9) (10) (11) Row Full Name Employed By Name of Organization Employed By Amendment Number (Last,Suffix,First,Middle) (if not directly hired by campaign) Type 39 Doe,John E_ Candidate Campaign DELETE MODIFYING AN EXISTING RECORD: Enter"DELETE"in amendment type on the row number that needs to be corrected. In combination with the report number being amended,this row number will identify the paid campaign worker to be amended in your active records. On the next line,the sequence number remains the same,enter"ADD"in amendment type, and all required data in the ADD row wiI l replace the dropped data. (7) (8) (9) (10) (11) Row Full Name Employed By Name of Organization Employed By Amendment Number (Last,Suffix,First,Middle) (if not directty hired by campaign) Type 39 Doe,John E. Candidate Campaign DELETE 39 Doe,John E. Consultant ABC Consulting ADD Ordinance No. 13-05 13-05 January 23, 2013