Legislative Matter

Miami-Dade Legislative Item
File Number: 130391

Clerk's Official Copy

File Number: 130391

File Type: Ordinance

Status: Adopted as amended

Version: 0

Reference: 13-05

Control: Board of County Commissioners

File Name: CREATING REPORTING REQUIREMENT FOR CAMPAIGN WORKERS

Introduced: 2/26/2013

Requester: NONE

Cost:

Final Action: 1/23/2013

Agenda Date: 1/23/2013

Agenda Item Number: 7A

Notes:

REQUIRES 6WKS/4WKS; THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 130083

Title:

ORDINANCE CREATING REPORTING REQUIREMENT FOR COUNTY AND MUNICIPAL CANDIDATES REGARDING PAID AND VOLUNTEER CAMPAIGN WORKERS PARTICIPATING IN ABSENTEE BALLOT RELATED CAMPAIGN ACTIVITIES; PROVIDING PENALTIES FOR FAILURE TO REPORT AND FOR OTHER VIOLATIONS OF ABSENTEE BALLOT LAWS; PROVIDING FOR ENFORCEMENT BY THE COMMISSION ON ETHICS AND PUBLIC TRUST; CREATING SECTION 12-14.1 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 130083]

Indexes:	CAMPAIGNS
	ABSENTEE BALLOT
	CAMPAIGN WORKERS

Sponsors:	Jose "Pepe" Diaz, Prime Sponsor
	Esteban L. Bovo, Jr., Co-Sponsor
	Rebeca Sosa, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

County Attorney	2/26/2013		Assigned	Oren Rosenthal		2/26/2013

Board of County Commissioners	1/23/2013	7A AMENDED	Adopted as amended				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. It was moved by Commissioner Diaz that he foregoing proposed ordinance be adopted as presented. This motion was seconded by Chairwoman Sosa, followed by a discussion. BCC Vice Chair Bell expressed concern that this legislation could have unintended consequences. She questioned the intent of this ordinance and its impact on a candidate if a campaign volunteer committed a wrongful act unbeknown to the candidate. She provided examples such as a candidate fined or penalized for his/her campaign signs dragged into the right-of-way by an opponent’s worker, which happened to her in one of her campaigns. Commissioner Diaz concurred with Commissioner Bell’s comments and asked staff to read into the record, the amendments into the record that were proffered at the Infrastructure and Land Use Committee meeting and would address these concerns. Assistant County Attorney Oren Rosenthal read into the record, the following amendment proffered at Committee: -delete the words “or volunteer” in line 8, subsection 1, of page 4; and -add a semi-colon after the words “absentee ballots” in line 11, followed by the language “and to any volunteers who have been directed by the campaign, or any consultants or agents of the campaign to perform an absentee ballot related campaign activities” and; -clarify that the only people needing to be reported are those volunteers who were directed by the campaign to do absentee ballot activities, and not those who are unbeknownst to the campaign. Commissioner Diaz noted every elected official has experienced similar situations and had to pay fines from their personal finances, not campaign funds, for their campaign signs dragged into the roadway by an opponent. However, the proffered amendments and the clarification provided should prevent a candidate from being penalized for the wrong doings of any volunteer unbeknownst to the candidate. Vice Chair Bell noted her other concern was the reporting requirements, which would create another layer of reporting, and have a negative impact on the volunteers. She said she understood the intent of this resolution, but could not support it because of the unforeseen issues and the impact on the candidate and the volunteers. Commissioner Zapata noted he was concerned that this legislation might provide a tool for people to abuse the process. He asked what would protect the candidates from frivolous complaints made against them. Commissioner Edmonson noted she had the same concerns and has too experienced similar situations involving malicious activities of someone outside her campaign, which was made to look like it came from within her campaign. She said although she understood the intent, she could not support this resolution, based on these concerns. Commissioner Monestime said he understood that the amendment was to apply only to the campaign consultants and paid workers, but not the volunteers. He noted even though the candidate may not have full control of a volunteer’s actions, he did not want to penalize a good volunteer who had good intentions, and was contributing to the community. He said he would support the resolution as amended, as long as the amendment did not apply to volunteers. Commissioner Diaz noted he understood his colleagues concerns; however, explained the intent of this legislation was to create more transparency in the absentee ballot process. He questioned the difference between a paid worker and a volunteer directed by the campaign. He said he had no problems with creating an additional level of reporting because the candidate was responsible for his or her own campaign, and noted he believed the mal actions of someone could not be prevented entirely. Commissioner Diaz asked the Assistant County Attorney to draft language that addressed the concerns of his colleagues regarding volunteers. Chairwoman Sosa noted she understood that the word “volunteers” would be removed from the language of this resolution. She also noted that although candidates may not have full control of their volunteers, they had control over their paid workers, and needed to be careful not to create additional problems. She suggested the Board either approve to send this resolution back to committee for further review, or to remove the word “volunteers” from the language in this resolution. She asked if the sponsor would accept either option. Responding to Commissioner Diaz inquiry regarding whether removal of the word “volunteers” meant only the paid workers would be impacted by this resolution, Assistant County Attorney Rosenthal noted that was correct, and clarified that the prohibitions would be against any paid worker that the campaign paid for such purposes. Commissioner Diaz accepted Chairwoman Sosa’s proposed amendment to delete the word “volunteers” from this resolution. Assistant County Attorney Rosenthal clarified, for the record, the amendment was to delete the words “or volunteer” from line 8, subsection 1, on page 4, and not to include the additional language he previously noted. Commissioner Bovo noted this was a work in progress, and more could be done to create better transparency. He suggested the Board consider in a future dialogue whether to offer volunteers a one-hour seminar or course on the rules of campaigning. Vice Chair Bell noted it seemed typical of governments to create new laws for the lawbreakers to break, instead of enforcing the ones already on the books. Commissioner Diaz concurred with Vice Chair Bell’s comments; however, noted a registry of paid workers would be helpful in assisting law enforcement with prosecuting campaign workers that violated the law. He said he liked Commissioner Bovo’s suggestion to offer volunteers a course on the rules of campaigning and said he would work with him on drafting legislation for it and to bring it forward for a committee review. BCC Vice Chair Bell pointed out that the paid campaign workers were already reported in the candidates’ campaign finance reports, and asked if the paid workers directed to do absentee ballot activities could be reported in the campaign finance reports as well, in order to not create another layer of reporting. Chairwoman Sosa asked that Board members focus on the resolution before them, and welcomed them to bring back any legislation that would address their concerns. In response to Commissioner Monestime’s question regarding whether the hired campaign workers would be responsible for providing the additional report required in this resolution, Assistant County Attorney Rosenthal noted it would be provided by the campaign, and not by the individual paid worker. Hearing no further discussion, the Board adopted the foregoing proposed ordinance as amended to delete the words “or volunteer” from line 8 in Section 12-14.1, subsection (1) on handwritten page 4.

Legislative Text

TITLE
ORDINANCE CREATING REPORTING REQUIREMENT FOR COUNTY AND MUNICIPAL CANDIDATES REGARDING PAID AND VOLUNTEER CAMPAIGN WORKERS PARTICIPATING IN ABSENTEE BALLOT RELATED CAMPAIGN ACTIVITIES; PROVIDING PENALTIES FOR FAILURE TO REPORT AND FOR OTHER VIOLATIONS OF ABSENTEE BALLOT LAWS; PROVIDING FOR ENFORCEMENT BY THE COMMISSION ON ETHICS AND PUBLIC TRUST; CREATING SECTION 12-14.1 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMIDADE COUNTY, FLORIDA:
Section 1. Section 12-14.1 of the Code of Miami-Dade County, Florida, is hereby created to read as follows in its entirety:
Sec. 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.

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.

Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.