Top 10 things you should know before you run for public office.

• Author: Catalano, Rosanna
• Position: Government Lawyer

The legal profession is comprised of leaders, so it is not surprising that some attorneys flirt with the idea of running for public office at some point in their careers. No other profession holds such a high proportion of the positions of authority in our government. (1) After all, lawyers are the only people who control an entire branch of government--the judiciary--and hold most of the positions in the other two branches. However, before you throw your hat into the ring and declare yourself a candidate, you should know the following.

Appointment of Campaign Treasurer and Designation of Campaign Depository

Candidates should file an Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates (Form DS-DE 9) with their filing officer before the candidate accepts contributions or makes any expenditure. (2) Unfortunately, many candidates end up violating the election code because they open their campaign bank accounts and contribute to their own campaign prior to filing Form DS-DE 9. Candidates should remember that Form DS-DE 9 is not considered filed once it is mailed; it is considered filed once the filing officer receives it. (3)

Sufficient Funds on Deposit

Even if a candidate never bounces a check and timely pays all vendors, he or she can violate the election law because no candidate or agent of the candidate may authorize any expense or sign a check drawn on the campaign depository unless there are sufficient unencumbered funds on deposit in the primary depository account. (4) The date the expense is incurred and the date the check is written are important. (5) For example, a candidate would violate F.S. [section] 106.11(4) if he or she ordered the printing of campaign fliers for $2,000 with only $500 in his or her campaign account--even though he or she paid for the fliers with a check two weeks later when he or she had $3,000 of unencumbered funds in the campaign account. A candidate would also violate F.S. [section] 106.11(4) if he or she wrote a $1,000 check today with only $800 in his or her account, even if the check is not returned for insufficient funds. Candidates should keep in mind that they can be held responsible for these errors even if the errors are made by their campaign treasurers. (6)

Excessive Contributions

Candidates should pay close attention to contribution limits. Contributions to candidates made by check, credit card, or debit card (7) cannot exceed $500 from any one person, per election (8) as long as the candidate is running with opposition. (9) A person may also make a contribution up to $500 per election by money order as long as the name, address, and other required information is reported. (10) A primary election and the general election are considered two separate elections. (11) If someone wishes to contribute $500 to a candidate for the primary and an additional amount for the general election, the contributor must wait until after the primary election takes place before making the second contribution up to $500. (12) If a check is written on a joint checking account, the contribution is from the person who signs the check. (13) Therefore, if someone with a personal account and a joint account signs a check for $500 from both accounts, it would be considered an excessive contribution. This is true, even if the other person from the joint account does not contribute anything to the campaign.

Limits for contributions made by children (14) or via cash and cashier's check are lower. (15) Candidates may not accept more than $100 per election from an unemancipated child under 18 years of age. (16) If a contributor pays with cash or cashier's check, the candidate cannot accept more than $50 from that individual per election. (17)

Late Filing

Candidates are required to file periodic reports of contributions received and expenditures made during the reporting period. (18) A report is considered "filed" if received by the local filing officer no later than 5:00 p.m. on the designated date or postmarked by the U.S. Postal Service no later than 11:59 p.m. on the designated date. (19) If the Division of Elections is the filing...