Florida Elections Commission #12-221 Stacy Ritter appeal

Published on May 2016 | Categories: Types, Government & Politics | Downloads: 24 | Comments: 0 | Views: 269
of 26
Download PDF   Embed   Report

Broward County Commissioner Stacy Ritter appeal with Florida Elections Commission to overturn fine for filing campaign report after deadline

Comments

Content


STATE OF FLORIDA
FLORIDA ELECTIONS COMMISSION
In Re: Stacy Ritter Case No.: FEC 12-221
--------------------------·'
NOTICE OF HEARING ON APPEAL OF AUTOMATIC FINE
TO: Mark Herron
Messer & Caprello, P.A.
Post Office Box 15 579
Tallahassee,. Florida 3231/1
Di'.'Brenda.G.Snipes ·•· · .. ·.··· ....•.•.
·l3Xci)Vatd Co!lllty Elections
Hs.•.s ... o. uth AndrewsKvehue;Room 102
,- .-
FortUmderO:ale, Florida 33301
PLEASE .TAKE NOTICE that on February 19, 2013, at 9:00am or thereafter
as the parties can be heard, the Florida Elections Clolilniission will bring on to. be heard
Respondent's •appealoft!J.e .fine: imposed by the filing officer for Respondent failing to
file timely .a .Weas:urcr's report .. The meet at: City Hall,
City •
haye t!J.e. present theitcase to
the Clo=ission. Fitil:ure t?•appear in

Will constitute a
waiver of yonr right to a: hearing, a11d• the decide this case on the
record before it. Conveniencc.oftocation is or postponing the
scheduled hearing. See reyerse. side for addltional'instrticnons•
If you require an accommodation due to a disability,.contact Donna Malphurs at
(850) 922-4539 or by mail at 107 West Gaines Street, The Clollins Building, Suite 224,
Tallahassee, Florida 32399, at least 5 days before the hearing.
PLEASE GOVERN YOURSELF ACCORDINGLY.
Dated on January 'J..tj , 2013.
Eric M. Lipman
Interim Executive Director
Hea038 (2/09)
INSTRUCTIONS FOR HEARING ON APPEAL OF AUTOMATIC FINE .
Please be advised that other cases have been scheduled for the same time. Therefore, your case
may not be called exactly at the time set forth on this notice.·
At the automatic fine hearing, the Florida Elections Commission will decide whether
Respondent's campaign treasurers report was timely filed or whether there were unusual
circumstances that excuse his failure to timely file his report.
Rule 2B-1.0055, Florida Administrative Code, defines unusual circumstances as "uncommon,
rare or sudden events over which the actor has no control and which directly result in the failure
to act in accordance with the filing requirements. Circumstances which allow for time in which
to take those steps necessary to assure compliance with the filing requirement shall be deemed
not to constitute unusual ..
The hearing will be I06:07(8j(c),;Florida Statutes, if Respondent
is a candidate, a political COI11Jllittee, ot an. eleCtioneering col'lll'nunications organization; Section
I 06.04(8)( c), Florida Statutes;if conimittee of continuous existence; or Section
106.29(3)(c), F[oric/a Statutes; if Respon<!ent is a politicaL: party; and Commission Rules 2B-
1.005, 1.0052,. & 1.0055,FloridaAclininistrative Code.
The Commission will electronically re\i<Jrd the meeting. Alth0ugh CollU1lission' s recording
is considered the bfficialnigbrd ofth¢he<iring, the Respondentiil.!iyptovide, at his. own expense,
a certified to the hearing. · ·
Before making a dedsion,,ffie. Conm1ission the aocuments submitted by
Respondent and .staff at least ten, days before the hearfug andjhe infonnatjon..presented at the
hearing. ·Rule 2B:I,Oo5,Floriqa Administrative Code, provides:,that lffiless good cause is shown,
the Commission not consider any written document unless :it has been filed with the
Commission Clerkadeast tel1 days before the hearing;
When the. case is called, the Chair will read a brief may ask the Respondent and
his attorney, ifoneis present, tostf!te their name§ for therec(lrd:. R¢spondent will then have time
to present his case to the Cbrnniission. Witnesses rrra:y htJ to testify ..under oath on
Respondent's behalf. If Respondent calls witnesses, tl;itj;staff'aftomey may cross-examine those
witnesses after questioning is s presentation, staff will
have the same amount .. ofti;rne ;,to · present · its ka$e';;, Tf.!ITe :.staff attorney calls witnesses,
Respondent may .. .is finished.
At any time during llfWask:questions of Respondent, his
attorney, the witnesses, and'sta(f. After, the the Commissioners will
discuss the case and decide wils timely filed or whether there were
unusual circumstances. that excuse his failure to file timely his report. The Commission will
make a decision by a majority vote ofthose members present and voting.
After the Commission meeting, the Commission will send Respondent a written order reflecting
the Commission's decision. If the Commission upholds the fine, Respondent will have 30 days
to pay the fine.
If you have any questions about the procedures for the hearing, please contact Donna
Malphurs at 107 W. Gaines Street Collins Building, Suite 224 Tallahassee, FL 32399-lOSO,
phone number: (850) 922-4539.
Hea038 (2109)
FLORIDA ELECTIONS COMMISSION
CASE REPORT
Case Number: FEC-12-221
NAME:
STACY RITTER
DATE ApPEAL RECEIVED: 08/24/12
DATE HEARING REQUEST RECEIVED: 08/24/12
DATE REPORT DUE: 07127112 (2012 F2)
DATE HANDDELIVERED: 08/01112
DATE FILING OFFICER RECEIVED REPORT: 08/01112
NUMBER OF DAYS LATE: 5
AMOUNT OF FINE: $1,150.00
CANDIDATE [X 1 "

.<:;;CE[ J>
;P.OLIIICALPARIY r 1
<j
DISIRI9I[ j j
cotWIYIXn'
CIIYT 1':;;
FINE BASED ON: (x) NUMBER OF DAYS () 25% OF RECEIPTS () 25% OF EXPENDITURES
TOT AL RECEIPTS FOR REPORTING PERIOD: $500
TOTAL EXPENDITURES FOR REPORTING PERIOD: $12,459.85
DATE OF FIRST NOTIFICATION: 08/01/12
SUMMARY: Stacy Ritter was a candidate for County Commission, District 3, in the 2012 elections
Vickie McDonald was hel tleaSUler
Mark Herron is the attorney representing Ms,. Ritter in this appeal Ms Ritter is appealing the fine
claiming that she thought the report was due on 08/03112 instead of 07/27112 According to Ms. Ritter's
attorl)ey, MI. Herron, Ms. Ritter was vacationing in Velmont when hel treasurer sent her the campaign
report to review and gave her (Ms. Ritter) the due date for the report; however, Ms. Ritter wrote the wrong
date in her calendal
Broward County still requires candidates to timely file a papel copy of their campaign treasurer reports
MI Herron states in his written appeal that Ms Ritter filed the electronic copy of the report on 07/20112
but did not file the papel copy until 08/01112. He stated that Ms Ritter hand-delivered a copy of the
report to the supelvisor of elections (SOE) on 08/01112 after being notified by her treasurer that the repOlt
was late Although the report was filed electronically on 07/20/12, Broward County SOE does not release
the electronic copy of the report for public review until receiving the paper copy. The paper copy was
received on 08/01112; therefore, the filing officel (SOE) deemed the report to be five days late
Ms., Ritter is requesting that the fine be waived in whole or in palt
PRIOR CASES: Ms Ritter has appeared before the Commission in one prior case (FEC 09-120) FEC 09-
120 was a willful case; probable cause was found for the following sections of law: Sections 106,,07(5),
10608(3)(b), 106.141(1), 106 19(1)(a), 106,.19(1)(b), 106.19(1)(c), and 106 19(1)(d}, Ms. Ritter paid a
fine of $8,300.
FECACTION:
FINE DUE: $ _____ -:-__ '-...",. DAlE : __ ' __
YES __ , NO_, __ '
WAIVER:.PARIIAL __ FULL __
UCREASON: '
>'.llt047(lt/08)
UNUSUALCIRCuMSIANCES: YES No
FINE INCORRECTLY CALCULAIED: YES __ No
,,' ," .',' INIIIALS:
MESSER CAPARELLO ~ SELF, PA
Mar'k-He:s:'ron
Admitted In Flolida and Geo,gia
EntaU: mher'[email protected]"com
August 23, 2012
Florida Elections Commission
The Capital
Room 2002
Tallahassee, FL 32399"025°
Re: Appeal / Request for Hearing
Attorneys At Law
wtI/W'/awfia com
Stacy Ritter, Candidate /County Commission, District 3
Ladies and Gentlemen:
r-l
\ -
'1(,1)
";, --i
-",-.
: .. : . : - ~
' <,1
: .. :--)
' ..... "
(;-: ' ~ : : ;
..
. -')
oJ
'3
. '-';'>
,"
' ~ 'J.
"
~
-
'.::0 .....
~
m
C>
"""
!'oJ
m
C ...,....
D
<
m
fi'i' 0
(.1'\
!'oJ
The purpose of this correspondence is to appeal the $1,150,.00 fine imposed by the
Broward County Supenisor of Elections (BCSOE), on or about August 1, 2012, pursuant
to Section 106.07(8)(b), Florida Statutes (see Exhibit A)., The fine was purportedly
imposed because the "signed paper" Report Summary for Ms. Ritter's Campaign
Treasurer Report (F2) due on July 27, 2012, covering the period July 7 to July 20, 2012,
was not received by the office until August 1, 2012, although the electronic copy of the
report was received by the BCSOE on July 20, 2012, a week before the due date (see
Exhibit B).
With respect to this appeal, Ms .. Ritter requests a hearing before the Florida Elections
Commission (FEC).
The circumstances were as follows:
When the F2 report was due to be filed, Ms .. Ritter was going to be on
vacation in Vermont Because she was going to be out oftown on the due
date, the F2 repoIt was electronically filed with the BCSOE by her
Treasurer on July 20,2012, a week before the due date ..
While Ms .. Ritter was on vacation, her Treasurer sent the CTR to her in
Vermont, along with a memo identifying the due date.. Ms. Ritter entered
the due date as August 3, 2012 on her calendar.. Ms .. RitteI's original
vacation plans had her returning home on August 4, 2012 so she originally
intended to mail the report to the BCSOE from VeImont.
Regional Center Office Park I 2618 Centennial Place ! faUahassee, Florida 32308
Mailing Addrfss: PO, Box 155'79 J laJlahassee. Florida 32317
Main Tel,phone: (850) 222 .. 0720 I Fax, (850) 224·4359
Ms .. Ritter's vacations plans then changed and she returned home from
vacation on July 30, which she believed was well before the due date. That
being the case, Ms .. Ritter decided to hand-deliver the report to the BCSOE
after she returned so she kept the original with her rather than mailing it
from Vermont for filing ..
On August 1st, her Campaign Treasurer called and asked why her report
was not appealing on-line.. When her Treasurer indicated the report was
past due, Ms. Ritter realized for the first time that she had entered the due
date incorrectly on her phone calendar.. Since that conversation occurred
after hours, Ms .. Ritter promptly hand-delivered the report to the BCSOE
the next day (see attestation of events below by Ms .. Ritter)..
Consistent with the prm·isions of Section 106 .. 07(8)(c), Florida Statutes.. Ms Ritter
respectfully requests that the amount of the fine imposed by the BCSOE on or about
August 1, 2012 be waived in whole or in part for the reasons set forth above ..
I trust that tltis filing complies with the requirements of Section 106.07(8)(c), Florida
Statutes. If this is not the case or if the Commission has any additional questions or
co cerns regarding tltis appeal, please let me know ..
I hereby sweaI and affirm that the foregoing explanation of the circumstances
surrounding the imposition of this fine, are true and correct.
Dated: ?! bolra-
r J
~ M 6 Q
N tat)' Public
My Commission Expires:
Enclosure(s)
cc: Sta«y Ritter, Candidate, C',ounty Commission, DistIict 3 (wi attachments)
1--- ..
WITH CONFIDENCE
Dr. Brenda C. Snipes
Broward County Supervisor of Elections
Broward Governmental Center
liS S. Andrews Avenue, Room 102
Fort Lauderdale, FL 33301
954-357-7050
www browardsoe org
To:
Thru:
From:
Date:
Subject:
MEMORANDUM
Stacy Ritter, Candidate
County Commission, District 3
Dr. C. Snipes
of Elections
Mary Co ney
Public Se vices. Dire tor/Candidate Qualifying Officer
August 1, 2012
Delinquent Treasurer's Report
The signed Report Summary for your Campaign Treasurer's Report (F2) which was due
July 27, 2012 covering the period July 7 to July 20, 2012 was not received (hand
delivered) until August 1. According to Section 106.07(8)(b), Florida Statutes, a fine of
$ 50 per day for the first three days late and $ 500 each day thereafter, not to exceed
25% of the total receipts or expenditures, whichever is greater, for the period covered by
the late report shall be assessed. Therefore, you are fined $ 1, 1 50.00 which represents
the five (5) days the Report was late.
The fine shall be paid from personal funds to the Supervisor of Elections within 20 days of
receipt of this notice unless appealed to the Florida Elections Commission, Room 2002,
The Capitol, Tallahassee, FL 32399·0250. Section 106.7(8)(c), Florida Statutes,
provides for appealing or disputing the assessed fine by submitting a notice of appeal in
writing to the Florida Elections Commission within 20 days of the date of receipt of the
notice of payment due, stating any unusual circumstances surrounding the failure to file on
the designated due date. A failure to file such notice will constitute a waiver of the right
of appeal..
Moreover, the notice of appeal must be accompanied by any and all supporting evidence
you wish the Commission to consider in making its determination., Examples of such
evidence that the Florida Elections Commission will consider are: 1) an affidavit attesting,
in specific detail, to a timely mailing; 2) an affidavit or letter from the post office
documenting a mailing problem; or 3) an affidavit or statement from an attending
physician or a hospital bill, setting forth specific dates, if there is a health-related reason as
to why your report was not timely filed" If you fail to submit documentation or evidence
demonstrating the unusual circumstances which prevented you from timely filing your
report within the 20 day period stated above, no documentation or evidence submitted
thereafter will be considered by the Florida Elections Commission.
Si desea una traducci6n de cstc documcnto sirvasc lIamar al tclcCono 954-357-8452
. .
,
1---
WITH CONFIDENCE
Dr. Brenda C. Snipes
Browiud County Supervisor of Elections
Broward Governmental Center
115 S .. Andrews Avenue, Room 102
Fort Lauderdale, FL 33.301
954-357-7050
www.browardsoe.org
Page··2···
You also have the right to a hearing before the Commission. However, if you desire a
hearing before the Commission, you must request such hearing in the notice of appeal
within the 20 days of receipt of this notice. If no timely request for hearing is made in
your notice of appeal, you will be deemed to have waived your right to a hearing and the
Commission's determination shall be based upon the written record.
We urge your prompt attention to this matter..
BCS:MC:mc
ritter-fine. doc
Si dcsea una traducci6n de cste documcnto sirvasc lIamar al tclcfono 954-357-8452

1---
FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS
CAMPAIGN TREASURER'S REPORT SUMMARY
(1)
Billilr
20 I Z A
Name
(2)
7711 Salem Lane
Shi.;\,,'· !'-,t; LL:,;",; l
Address (number and street)
,UF'G:VISOR OF ELECTIONS
Parkland, FL 33067
City, State, Zip Code
. 0 CHECK IF ADDRESS HAS CHANGED (3) 10 Number:
(4) Check appropriate box{es):
Candidate (office sought):
County Commission, Dis!. 3
o Political Committee o CHECK IF PC HAS DISBANDED
o Committee of Continuous Existence o CHECK IF CCE HAS DISBANDED
o Party Executive Committee
o Electioneering Communication o CHECK IF NO OTHER ELECTIONEERING
COMMUNICATION REPORTS WILL BE FILED
(5) REPORT IDENTIFIERS
Cover Period: From
_ 7_
I _ 7 _
I 2012
To
_7 _
I

I 2012
Report Type
F2
18l Original DAmendment D Special Election Report o Independent Expenditure Report
(6) CONTRIBUTIONS THIS REPORT (7) EXPENDITURES THIS REPORT
Monetary
Cash & Checks
$
500.00
Expenditures
$
12,495.85
Loans
$
0.00 Transfers to Office
Account $
0.00
Total Monetary
$
500.00
Total
Monetary $
12,495.85
" "
In-Kind
$
0.00
(8) Other Distributions
$ 0.00
(9) TOTAL Monetary Contributions To Date (10) TOTAL Monetary Expenditures To Date
$ 105,195.35 $ 65,019.36
(11) CERTIFICATION
It is a first degree misdemeanor for any person to falsify a public record (55. 839.13, F .5.)
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) \J ILK IS;:
1\0 rJ '" I:J
(Type name) Stacy Ritter
o Individual (only for -{;J Treasurer o Deputy Treasurer
1:81 cand
g
h. rZChairperson (only for PC. PTY &
eleCtinmmun)
et ctioneering commun organization)
X .h .


w CFIO' 451
Signature
DS·DE 12 (Rev .. 08/04)
,
NAME:
TYPE:
RepOIt
Due Date
Q27110/11
Q3 10110/11
Q41/10/12
Q14/10/12
QIA
Fl 7/13/12
F2 7/27/12
F3 8/10/12
G1 9/21112
G210/5/12
STATE OF FLORIDA
FLORIDA ELECTIONS COMMISSION
REPORT FILING HISTORY
Stacy Rittel
Candidate, County Corrunission, District 3
Date Days Fine
Filed Late Assessed
7/9/11
1017111
1110/12
4/10/12
4/10/12
7/10/12
8/1112 5 $1,150 .. 00
8/8/12
9/21/12
10/5/12
Amount Amount
Fined Paid
$1,150 .. 00
FLORIDA ELECTIONS COMMISSION
107 W, Gaines Street, Collins Building
Suite 224
Mark Herron, Esquire
Messer, Caparello & Self, PA
Post Office Box 15579
Tallahassee, Florida 32317
Tallahassee, Florida 32399-1050
(850) 922-4539
October 2,2012
RE: Case No": FEC 12-221; Campaign Treasurer's Report due 07/27/12
Dear Mr Herron:
The Florida Elections Commission received your letter appealing the fine assessed against your
client-Stacy Ritter-for failing to timely file her campaign treasurer's report I anticipate that
the Commission will hear your case at its next available meeting in Tallahassee A notice of
hearing will be mailed approximately two weeks prior to the hearing
In reaching its decision, the Commission will consider the documents gathered by Commission
staff arrd any documents you submit for the Commission's consideration before its meeting
Unless good cause is shown, the Commission will not consider any written document unless it
has been filed with the Commission Clerk at least ten days before the meeting" Rules 2B-l ,005,
1 0052, and 1 0055, Florida Administrative Code, are the Commission's rules on the appeal of
automatic fines
The Commission will uphold the fine imposed by the filing officer unless you provide credible
evidence that the report was timely filed or credible evidence that unusual or other circumstarrces
caused the report to be filed late
If you are a county, municipal, or special district carrdidate or committee and your report was
received by the filing officer without a postmark or with an illegible postmark more than five
days after the due date or it was delivered to the filing officer by a mail delivery service other
than the United States Postal Service, it will not be found timely filed unless you submit a copy
of a proof of mailing or at a hearing before the Commission, presents the oral testimony of the
person who timely mailed the report
The proof of mailing submitted shall reflect that it was obtained from the United States Postal
Service or other mail delivery service at the time of mailing arrd shall reflect that the report was
mailed before midnight on the due date" A metered postage mark does not constitute a postmark
or a proof of mailing
If you carmot show that your report was timely filed, the Commission may still grant you relief,
A u W 0 1 ~ os:
I
'.
but only if you show unusual circumstances Unusual circumstances is defined in Rule 2B-
L005(4), Florida Administrative Code, to mean "nncommon, rare, or sudden events over
which the actor has no control and which directly result in the failure to act in accordance
with the filing requirements." Unusual circumstances must occur within a time period that
would cleaJly have prevented you from filing the report in a timely manner Unusual
circumstances shall not include the failure of the United States Postal Service or other mail
delivery service to postmatk an envelope, legibly postmark an envelope, or timely deliver mail
Further, unusual circumstances shall not include the failure of the sender to affix sufficient
postage to a report that is being mailed
Without credible evidence, the Commission will not find unusual circumstances The following
circumstances may constitute unusual circumstances so long as credible evidence is presented
that unusual circumstances caused the report to be filed late
1 Natural disaster or other emergency that prevented timely filing.
Evidence submitted must include copies of newspaper reports or other
documents from an independent and reliable source that shows the nature,
date, and location ofthe natural disaster or emergency
2. Death of the candidate or campaign treasurer or an immediate family
member of the candidate or campaign treasurer. Evidence submitted
must include a copy of the death certificate, newspaper obituary, or funeral
program, or notice.
3 Serious illness, disability or non-elective surgery of the candidate or
campaign treasurer Evidence submitted must include a physician's
certification on professional letterhead stationery that includes the dates of
the illness, disability, or surgery; a statement regarding the period of time
that the patient was incapacitated; and a statement that surgery, if any, was
not elective. Copies of hospital records reflecting the dates of
hospitalization may also show the period of incapacitation.
4 Serious illness, disability, or non-elective surgery of the immediate
family member of the candidate or campaign treasurer. Evidence
submitted must include evidence of the relationship of the candidate or
treasurer to the family member, the location of the family member, and the
reason the presence of the candidate or campaign treasurer was required
Evidence submitted must also include a physician's certification on
professional letterhead stationaty that includes the dates of the illness,
disability or surgery; a statement regarding the period of time that the
patient was incapacitated; a statement that surgery, if any, was not elective;
and a statement that the patient required the cate of a family member..
5 Computer or equipment failure caused by events that could not have
been anticipated and that made timely filing of the report impossible"
Power outages or program failure does not constitute unusual circumstances
unless it is established that reasonable precautions to assure the safety of the
equipment or the ability of the program to perform as anticipated were
taken before the events causing failure of the equipment or program.
Evidence must include a written statement made under oath in the presence
AutOOl'({;/0-7)
(
of a notary or other person authorized to administer oaths indicating the
cause and the duration of the power outage and the reasonable precautions
taken to assure the safety of the equipment or the ability of the program to
perform as anticipated.
6 The abrupt and unexpected loss of the campaign treasurer, over which
you had no control. The loss ofthe campaign treasurer does not constitute
unusual circumstances if the appealing party failed to monitor the campaign
treasurer's performance before his or her departure or if the appealing party
failed to assure prompt preparation of the report after the treasurer's
departure Evidence must include a written statement made under oath in
the presence of a notary or other person authorized to administer oaths
explaining the departure of your treasurer and the steps taken to monitor the
treasurer's performance before his or her departure
You may, of course, send any additional evidence that you believe supports your position that
your report was timely filed or that unusual circumstances cause your report to be filed late.
Rule 2B-l.005(3), Florida Administrative Code, provides that if you send additional
documentary evidence, the Commission must receive it no later than 20 days from the date of
this letter. Remember that the Commission will not consider any written document unless it has
been filed with the Commission Clerk at least ten days before the meeting, unless good cause is
shown.. If the documentary evidence is timely received, it will be presented to the Commission
when it considers your appeal of the assessed fine
It is your responsibility to provide the Commission with credible evidence that the report
was timely filed or credible evidence that unusual circumstances caused the report to be
filed late. If you do not provide the evidence requested in this letter or in the Commission
rules, the Commission will uphold the fine assessed by the filing officer"
Please let me know if I may be of further assistance
AUtOO 07-
Sincerely,
Y\\J\g () Q.
Donna Ann Malphurs
Agency Clerk
"
1--
f
WITH CONFIDENCE
To:
Thru:
From:
MEMORANDUM
Margie B. Wade, Investigation Specialist
Florida Elections Commission
Dr. Brenctlo Snipes
Elections

Dr. Brenda C. Snipes
Broward County SupervisOl of Elections
Broward Governmental Center
115 S., Andrews Avenue, Room 102
Fort Lauderdale, FL 33301
954-357-7050
www"browardsoe.,org
,"j
j--
....,
=
"',)
.......
f
·1
.,
= ;,1
"
....

Public Qualifying Officer
()
'J
N
"
N :-:1
"-,
t'.<
-,
» ,
j
<;;>
..
Date: October 16, 2012
"".
Subject: Stacy Ritter, FEC 12·221
tAl
Pursuant to your request, enclosed please find the following:
1 . Copy Appointment of Campaign Treasurer and Designation of Campaign
Depository (DS·DE9) (2)
2. Copy of her time stamped Report Summary for her F2 Report
3. Copy of her Notice of Fine letter.
4. Filing History Report
Please advise if there is any thing else necessary.
BCS:MC:mc
Rittel'fecl'esponse2.,doc
Si desea una traducci6n de este documento sirvase Hamar al tei6fono 954-357-8452
--- -L3X.-:-.-,
;"n
C"'.J
l_
FLORIDA ELECTIONS COMMISSION
107 W. Gaines Street
Collins Bnilding, Suite 224
Tallahassee, Florida 32399-1050
(850) 922-4539
The Honorable Brenda C. Snipes
Broward County Supervisor of Elections
Post Office Box 02900 I
Fort Lauderdale, Florida 33301
October 8,2012
RE: Case No.: FEC 12-221; Campaign Treasurer's Report due July 27, 2012
Dear Dr. Snipes:
Candidate Stacy Ritter has appealed the fine assessed for failing to timely file the above-
referenced report.
In order for us to present this appeal to the Florida Elections Commission, it is necessary to
ask you to furnish us with copies of the following information, if available:
I:8J The CTR that was filed late
I:8J The envelope that contained the repOlt
I:8J Card or letter reminding candidate that report was due
I:8J The filing officer's failure to file letter
I:8J The filing officer's fine letter
I:8J Certified mail receipt or other evidence that the fine letter was received
I:8J Additional relevant notes or phone logs
I:8J Appointment of Campaign Treasurer and Designation of Campaign Depository form
I:8J The filing histOlY
A filing history is a list of reports filed by this candidate with a notation of any late filing fines
assessed against the candidate for failing to timely file reports Please return t h ~ requested
information to me by October 22,2012
I appreciate your assistance in obtaining this information Please let me know if you have any
questions
Aumtl (620i)
Sincerely,
~ ~ ~ ~
Margie B. Wade
Investigation Specialist
!
1
c-
i
WITH CONFIDENCE
Dr. Brenda C. Snipes
Broward County Supervisor of Elections
Broward Governmental Center
115 S .. Andrews Avenue, Room 102
Fort Lauderdale, FL 33301
954-357-7050
wwwbrowardsoe org
To:
Thru:
From:
Date:
Subject:
MEMORANDUM
Stacy Candidate
County Commission, District 3
Dr. C. Snipes
of Elections
Mary Co ney
Public Se vices" Dire torlCandidate Qualifying Officer
August 1, 2012
Delinquent Treasurer's Report
The signed Report Summary for your, Campaign Treasurer's Report (F2) which was due
July 27, 2012 covering the period July 7 to July 20, 2012 was not received (hand
delivered) until August 1. According to Section 106.07(8)(b), Florida Statutes, a fine of
$50 per day for the first three days late and $500 each day thereafter, not to exceed
25% of the total receipts or expenditures, whichever is greater, for the period covered by
the late report shall be assessed. Therefore, you are fined $1,1 50.00 which represents
the five (5) days the Report was late.
The fine shall be paid from personal funds to the Supervisor of Elections within 20 days of
receipt of this notice unless appealed to the Florida Ele,ctions Commission, Room 2002,
The Capitol, Tallahassee, FL 32399"0250. Section 106.7(8)(c), Florida Statutes,
provides for appealing or disputing the assessed fine by submitting a notice of appeal in
writing to the Florida Elections Commission within 20 days of the date of receipt of the
notice of payment due, stating any unusual circumstances surrounding the failure to file on
the designated due date" A failure to file such notice will constitute a waiver of the right
of appeal..
Moreover, the notice of appeal must be accompanied by any and all supporting evidence
you wish the Commission to consider in making its determination" Examples of such
evidence that the Florida Elections Commission will consider are: 1) an affidavit attesting,
in specific detail, to a timely mailing; 2) an affidavit or letter from the post office
documenting a mailing problem; or .3) an affidavit or statement from an attending
physician or a hospital bill, setting forth specific dates, if there is a health-related reason as
to why your report was not timely filed. If you fail to submit documentation or evidence
demonstrating the unusual circumstances which prevented you from timely filing your
report within the 20 day period stated above, no documentation or evidence submitted
thereafter will be considered by the Florida Elections Commission.
Si desca una traducci6n de cste documento sirvasc Hamar al tel6fooo 954-357-8452
9.05:7 ,.0;.." "
Broward County, FL of Elections
,
Page 1 of 1
Stacy Ritter
2012 Cycle
County Commission Dis! 3
Candidate Finance Report Summary
R(pott Conttibutions Expcnditmls
SubmiU(d PHiod \lonet:H) In-Kintl l.oans ,,"um \mOUJ1t
06/29/2011 2011-02 118 $38,95000 $3,19715 $000 0 $0.00
10/05/2011 2011-03 35 $14,48035 $269 .. 65 $000 1 $50000
01104/2012 2011-04 29 $9,87500 $0 .. 00 $000 8 $8,59358
04/09/2012 2012-01 109 $28,86500 $1,59474 $000 19 $18,03L15
04/10/2012 2012-01 A 20 $0.00 $0.00 $000 0 $000
06/28/2012 2012-01 A 0 $0,00 $0.00 $000 $5,00000
06128/2012 2012-FI 43 $12,52500 $83,69 $000 15 $20,39878
07/20/2012 20l2-F2 $500,00 $0.00 $000 4 $12,49585
08/01/2012 20l2-F3 2 $50000 $000 $000 0 $000
09/2112012 2012-GI 23 $8,25000 $0.00 $000 3 $8,42623
10/04/2012 2012-G2 29 $10,150,00 $500.00 $000 2 $70000
10/18/2012 2012-G3 6 $3,00000 $000 $000 7 $22,53974
'1ot.lls ll2 nports)
5127)095.35 SS,MS.23 SO 00 $96,68533
• Contrihutions as Excel (CSV>
• Expenditures as Excel (CSV)
• FundTransfers as Excel (CSV)
• Distributions as Excel (CSV)
-c - -1- FEJe-ctron:Fflirr s:-a: x,(eJecHd-J-j9&office-id-B0&can --:-;-;-'--HH0'2 - 2
,
I

APPOINTMENT OF CAMPAIGN TREASURER
AND DESIGNATION OF CAMPAIGN
zell APR 19 Pi'1 2: 16
DEPOSITORY FOR CANDIDATES
(Section 106 021(1), F S)
' ... '_. : i -1
ELE,CT1:-;'HS
(PLEASE PRINT OR TYPE)
NOTE: 'This fOlm must be on file with the qualifying
officer before opening the campaign account.
OFFICE USE ONLY
,
1. CHECK APPROPRIATE BOX(ES):
,
,
0
Initial Filing of Form Re-filing to Change: gJ Treasurer/Deputy o Depository
D
Ohice
0
Party
2. Name of Candidate (in this order: First, Middle, Last) 3. Address (include post office box or street, city, state, zip



code)
71[L
$"q.1e """
LGvz e.
4 Telephone 5. E-mail address Uc....,Jl, FL

(C;f'f )7{",7SJQ
@ (O'/Y"
6 Office sought (include district, circuit, group number) 7 If a candidate for a nonpartisan office, check if
COl"." '1

lOIS (-v.1C.J- .3
applicable:
0
My intent is to run as a Write-In candidate
8 .. If a candidate fOI a paltis!!!! office, check block and fill in name of party as applicable: My intent is to run as a
0
Write-In
0
No Party Affiliation

D Vt<..
Party candidate
9 .. I have apPointed the following pe.rson to act as my
llSl
Campaign Treasurer
0
Deputy Treasurer
10 .. Name of Treasurer or Deputy Treasurer
V I cAGlIA' M. C/b ¢ \J A-l...,
11 Mailing Address
i.a.n-e-
12 .. Telephone

(cny ofj(..(
13. City 14. County 15 State 16 Zip Code 17. E-mail address
fh.,..k.1c. ".J
rocv&< vel
Fl-
33t:lj, i
18 I have designated the following bank as my
0
Primary Depository o Secondary Depository
19 Name of Bank I 20. Address
Bc."k
\ ),v,kJ) i ttlOI l'v"*l'(; VV'<

21 City 22 County
23 Sf{_
24. Zip Code
fvrw,[ SiOtlvtL.)

33C::>G,
UNDER PENALTIES OF PERJURY, I DECLARE 'THAT I HAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND
DESIGNATION OF CAMPAIGN DEPOSITORY AND THAT THE FACTS STATED IN IT ARE TRUE.
25 Date
26
4-
19- ;)C?lf
X 'V-'..L/ 7t/, .
..
27 Treasurer's Acceptance of Appointment (fill (n the blanks and check the appropriate block)
I,

, do hereby accept the appointment
(Please Print or Type Name)
designated above as:
[l]
Campaign 1A r»
'1-/1 ..
2()11
Date Signature of Cam/>S1gn Treasurer or Deputy Treasurer
Rule 1S-2.0001, FAC.

FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS
CAMPAIGN TREASURER'S REPORT SUMMARY
(1 )
SmQ!
20 I Z A
Name
(2)
7711 Salem Lane
L,
)(JPG:VISOR OF ELl CTiONS
Address (number and street)
Parkland, FL 33067
City, State, Zip Code
. 0 CHECK IF ADDRESS HAS CHANGED (3) IDNumbel':
(4) Check appropriate box{es):
Candidate (office sought):
County Commission, Dist 3
o Political Committee o CHECK IF PC HAS DISBANDED
o Committee of Continuous Existence o CHECK IF CCE HAS DISBANDED
o Party Executive Committee
o Electioneering Communication o CHECK IF NO OTHER ELECTIONEERING
COMMUNICATION REPORTS WILL BE FILED
(5) REPORT IDENTIFIERS

Cover Period: From _ 7 _ /
_ 7_ / 2012
To
_7 _
/

I 2012
Report Type
F2
181 Original o Amendment o Special Election Report o Independent Expenditure Report
(6) CONTRIBUTIONS THIS REPORT (7) EXPENDITURES THIS REPORT
Monetary
Cash & Checks
$
500.00
Expenditures
$
12,495.85
Loans
$
0.00 Transfers to Office
Account
$
0.00
Total Monetary
$
500.00
Total
-
-
Monetary
$
12,495.85
In-Kind
$
0.00
(8) Other Distributions
$ 0.00
(9) TOTAL Monetary Contributions To Date (10) TOTAL Monetary Expenditures To Date
$ 105,195.35 $ 65,019,36
(t1) 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) IC- K 11:-
Me 'hor,) (J. '-- \J
(Type name) Stacy Ritter
o Individual (only for Treasurer o Deputy Treasurer
181 cand
J
(only for PC, PTY &
electionee . 9 commun ) e! ctioneering commun organization)
X'-1
X fl_ .

II;' CFIO: 451
Signature
DS·DE 12 (Rev" 08/04)
VOTE·
WITH CONFIDENCE
To:
Thru:
From:
MEMORANDUM
Helen Hinson, Investigation Specialist
Florida Elections Commission
C. Snipes
of Elections
Mary Co ne
Dr. Brenda C. Snipes
Broward County Supervisor of Elections
Broward Governmental Center
115 S .. Andrews Avenue, Room 102
Fort Lauderdale, FL 33301
954-357-7050
www.browal'dsoe,ol'g
Public S rvic DirectorlCandidate Qualifying Officer
Date: September 5, 2012
Subject: Stacy Ritter
Pursuant to your request, enclosed please find the following:
1. Copy of a letter confirming her candidacy.
2. Copy of her time stamped Report Summary for her F2 Report
3. Copy of her Notice of Fine letter.
Please advise if there is any thing else necessary.
. .

;,
l"T1
r- .....
'""'"
=
O,-.j
N
:::0

(/)

,...,
m
;;cIT!
-0
(") ",0
BCS:MC:mc
"
m
0.." N
ritterecresponse.doc
8,-·
-
"';0
» <:
:::':;::0
(.1':0
,,f;
m

0
0
W
4:
....J
/
1--
WITH CONFIDENCE
..
Dr. Brenda C. Snipes
BlOward County Supervisor of Elections
Broward Governmental Center
115 S. Andrews Avenue, Room 102
Fort Lauderdale, FL 33301
954-357-7050
wwwbrowardsoeorg
MEMORANDUM
1'0: Stacy Ritter, Candidate
County Commissioner, District 3
Dr. Snipes
Superviso/ ,Iections
Mary Coo (y\)
Public Qualifying Officer
Thru:
From:
Date:
February 4, 2011
Subject: Candidate for 2012 Election
This is to acknowledge receipt of your Appointment of Campaign Treasurer and
Designation of Campaign Depository (DS-DE 9) and Statement of Judicial Candidate (DS-
DE 83) announcing your candidacy for 2012.
ID numbers have been assigned to Broward County Candidates and your ID number is
121003 please add this number to the upper right hand corner of your Treasurer's
Reports and use it as your password when filing your Reports electronically. Your login is
your last name, first initial. As a candidate for 2012, your Treasurer's Reports are due on
a quarterly basis until qualifying in 2012. They are due the 10
th
business day following
the end of each quarter. Also enclosed is a User Guide for filing electronically.
The 2010 Candidate Handbook and all other required forms are available at the Division
of Elections website, http://election.dos.state.f1.us.. The 2012 Handbooks will not be
available until 2011 .
We invite you to visit our web site, www.browardsoe.org for a myriad of information such
as announced candidates, campaign reports, election results, voter registration or
registration statistics. Please feel free to contact me directly at (954)712-1960, should
you or your Treasurer have any questions concerning your campaign.
BCS:MC:mc
idnumber 20 12 .. doc
Si desca una traducci6n dt: cste documcnto sirvasc Hamar al telCfono
'-ax-;- '1
Broward County, FL Supervisor of Elections
Page 1 of2
/
I
,
En Espanol Printer Friendly
Registered Voters as of 09/05/2012 Democrat: 574,112
Republican: 256,954
Check my Voter Status Precinct Finder
count down timer
Home
Your Election Office
Voter Information
Register to Vote
Press Room
Election Information
Voting Methods
Voter Education/Outreach
Poll Worker Information
?
Vote By Mail
Stacy Ritter
2012 Election Cych
County Commission, D
2012·F2 (07/07/2012 to on
Date Due: 07/27/:
Date Submitted: 07/201:
Report Summary
Num
Contributions
Expenditures
Fund Transfers
1
4
o
Other Distributions 0
• Expenditures do not include 'Pel
<}f5J20t2
BrowaJd County, FL Supervisor of Elections
Elected Officials
Candidate Information
2012 Executive Committee
Candidates
2012 Calendar of Reporting
Dates
2012 Election & Qualifying Dates
2014 Announced Candidates
Candidates
Past Candidates
Political Committees
Division of Elections
Candidate Finance Login
M. ___ _
Voter and Election Information
Ordering and Pricing Structure
Voting Equipment Center:
1501 N W. 40th Ave
Lauderhill, FL 33313
Days: Monday to Friday
Hours: 8:30 a.m. to 5:00 p.m
Phone: (954)357-7050
Page 2 of2
,
I
Downloads:
Entire Report as PDF
• Contributions as Excel I
• Expenditures as Excel (
• Fund Transfers as EXCE
• Other Distributions as E
Supervisor of Elections Dr. Brenda C .. Snipes
Main Office & Mailing Address:
115 S. Andrews Ave, Rm 102
Fort Lauderdale, FL 33301
Days: Monday to Friday
Hours: 8:30 am. to 5:00 p.m..
Site powered by SOE Software
'15120
Contact yom Supervisor of Elections - Florida Division of Elections - DepaIlment of State Page 1 of 1
( . (-
Florida Department of State
Room 316 RA. Gray Building
500 South Bronaugh Street
Tallahassee, FI32399··0250
(850)245-6200
Division of
Supervisor
Broward County Supervisor of Elections
Brenda C .. Snipes, Supervisor
115 S. Andrews Avenue, Room 102
POBox 029001
Fort Lauderdale, FL 33301
Phone: 954-357-7050
Fax: 954-357-7070
Email: [email protected]
Web Address: http://[email protected]
Click on link Below for a list of Schedule Elections for this county
Scheduled Elections
MESSER CAPARELLO &t SELF. P.A.
August 23, 2012
Florida Elections Commission
TbeCapital
Room 2002
Tal1ahassee, FL 32399-0250
Re: Appeal / Request for Hearing
Attorneys At Law
1UUlW.lawj/a.com
Stacy Ritter, Candidate /County Commission, District 3
Ladies and Gentlemen:

The purpose of this correspondence is to appeal the $1,150.00 fine imposed by the
Broward County Supenisor of Elections (BCSOE), on or about August 1, 2012, pursuant
to Section 106.07(8)(b), Florida Statutes (see Exhibit A). The fine was purportedly
imposed because the "signed paper" Report Summary for Ms. Ritter's Campaign
Treasurer Report (F2) due on July 27. 2012, covering the period July 7 to July 20, 2012,
was not received by the office until August 1, 2012, although the electronic copy of the
report was recehred by the BCSOE on July 20, 2012, a week before the due date (see
Exhibit B).
WIth respect to this appeal, Ms. Ritter requests a hearing before the Florida Elections
Commission (FEC).
The clrcu:mstances were as follows:
When the F2 report was due to be med, Ms. Ritter was going to be on
''8.cation in Vermont. Because she was going to be out of town on the due
date, the 112 report was electronically med with the BCSOE by her ..
Treasurer on July 20, 2012, a week before the due date.
While Ms. Ritter was on vacation, her Treasurer sent the CTR to her in
Vermont, along with a memo identifying the due date. Ms. Ritter entered
the due elate as .August 3, 2012 on her calendar. Ms. Ritter's orlginal
vacation plans had her returning home on August 4. 2012 so she originally
intended to man the report to the BCSOE from Vermont.
--_ .... _ .. __ .- . " . , ~ . - - - - - -- - .. ---- ---
RegloDa! Center Office Park I 2618 CenltJInial Place ! 'l1lIlah ...... florida 32308
MaUl"g Mdms: P.O. BOl< 15579 I '1'111l1li ...... florida 32311
IdtIIn 'M.ph ... : (850) 222,,0120 I Fa: (850) 224-4359
(
Ms .. Ritter's vacations plans then changed and she returned home from
vacation on July 30, which she believed was well before the due date. That
being the case, Ms .. Ritter decided to hand-deliver the report to the BCSOE
after she returned so she kept the original with her· rather than mailing it
from Vermont for filing.
On August 1St, her Campaign Treasurer called and asked why her report
was not appearing on-line. When her Treasurer· indicated the repoIt was
past due, Ms. Ritter realized for the first time that she had entered the due
date incorrectly on her phone calendar. Since that conversation occurred
after hours, Ms .. Ritter promptly hand-delivered the report to the BCSOE
the next day (see attestation of events below by Ms. Ritter).
Consistent with the prO\isions of Section 106.07(8)(c), FloIida Statutes. Ms. Ritter
respectfully requests that the amount of the fine imposed by the BCSOE on or about
August 1, 2012 be waived in whole or in part for the reasons set forth above ..
I trust that this filing complies with the requirements of Section 106.07(8)(c), Florida
Statutes.. If this is not the case or if the Commission has any additional questions or
cones regarding this appeal, please let me know.

I heIeby swear and affirm that the foregoing explanation of the circumstances
sUITounding the imposition of this fine, are true and correct. ',I"' ( -- ....
Dated: • '8' palrd'" ... "".
, ray Ritter
My Commission Expires:
__
(N)Publlc=
Enclosure(s)
cc: Staay RitteI, Candidate, ('.ounty Commission, District 3 (wI attachments)
.'
(
,
.
,
APPOINTMENT OF CAMPAIGN TREASURER
AND DESIGNATION OF CAMPAIGN
DEPOSITORY FOR CANDIDATES
ZUII APR-5 PM
I: 54
(Section 106,021(1), F,S)
". ,l -('
(PLEASE PRINT OR TYPE)
Of-
NOTE: This form must be on file with the qualifying
officeI' before opening the campaign account.
OFFICE USE ONLY
1. CHECK APPROPRIATE BOX(ES):
Initial Filing of Form Re-filing to Change: 0 'Treasurer/Deputy o Depository
0
Office
0
Party
2 Name of Candidate (in this order: First, Middle, Last) 3 Address (include post office box or street, city, state, zip
5CAU{
code) l
LA,J£
'11\
4 Telephone 5 E·mail address
tvOl

(q9-j )

COil-'-
6 Office sought (include district, circuit, group number) 7, If a candidate for a !lonpartisan office, check if

C OYr-I'V' i $'$;0"'"
.3
applicable:
0
My intent is to run as a Write-In candidate
8 .. If a candidate for a partisan office, check block and fill in name of party as applicable: My intent is to run as a
0
Write-In
0
No Party Affiliation
f:Z!
1) t.t-'\IlC/2M
Party candidate
9, I have apPOinted the following pe,rson to act as my . Campaign Treasurer

Deputy Treasurer
,..,..,....
10 Name of Treasurer or Deputy Treasurer
S'1AU-f Q;.f-!-e(
11 , Mailing Address
p
12 Telephone
l'11 \ lAl-ll>-
(qg.,1
) IS 1 '7<;<;;1

14. County 15, State 16 Zip Code 17 E·mail address
LII,.;p 1,eovl{V.2..0 '\1.-
330b7
«"
• i f'.fe.t e.c "1
18 I have designated the following bank as my
)Zl
Primary Depository o Secondary Depository
19 Name of Bank 20 Address
'£>A U", If
4\ 0 I r J2. [.r:x l::.e. .
21, City 22 County 23, State 24 Zip Code

sP f!.,.J '=>S
n
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND
DESIGNATION OF CAMPAIGN DEPOSITORY ANO THAT THE FACTS STATED IN IT ARE TRUE
_.

'iJL.J 2-0/1
26
X /V AL v
27

Treasurer's Acceptance of Appointment (fill ih the blanks and check the appropriate block)
I,
.5'ffllAq
2I-1'-i-e./ , do hereby accept the appointment
(Please Print or Type Name)
designated above as:

Campaign Treasurer

Jr'1 r:/ 2uf /
X
Date Sig')i'!ture of Campaign Treasurer or Deputy Treasurer
DS·DE 9 (Rev. 10/10\
Rule 1 S·2.0001 F.A.C.

Sponsor Documents

Or use your account on DocShare.tips

Hide

Forgot your password?

Or register your new account on DocShare.tips

Hide

Lost your password? Please enter your email address. You will receive a link to create a new password.

Back to log-in

Close