Candidate filing and qualifying information
(Updated February 19, 2011)

Filed Candidates
Who can be a candidate
When to announce candidacy
"Resign to Run" Law - Frequently asked Questions (pdf format)
Additional requirements

For any candidacy or election information pertaining to municipal elections, please contact the appropriate municipal clerk.

Becoming a candidate

What is a Candidate?

A candidate is defined in 97.021(4), Florida Statutes, as any person to whom any one or more of the following applies:

• Any person who seeks to qualify for nomination or election by means of a petitioning process.
• Any person who seeks to qualify for election as a write-in candidate.
• Any person who receives contributions or makes expenditures or gives his or her consent for any other person to receive contributions or make expenditures, with a view to bringing about his or her nomination or election to, or retention in, public office.
• Any person who appoints a treasurer and designates a primary depository.
• Any person who files qualification papers and subscribes to a candidate’s oath as required by law.

However, this definition does not include any candidate for a political party executive committee.

Who can be a Candidate?

• You must be a registered voter in Volusia County to run for local public office.
• A candidate for County Council shall be a qualified elector of the county, and shall have been a resident of the county for two years immediately preceding the date on which they qualify to run for office. District candidates shall  have resided within the district from which they are elected for at least six months prior to the date on which they qualify to run for office. (County Charter, Sec. 302).
• School Board candidates must reside in the district for which they are qualifying at the time of qualifying. For specific requirements of qualifying as a candidate for School Board, please contact the Volusia County School Board.
• If required by the “resign to run law” to resign from one’s current position or office, the written resignation must be filed by April 20, 2012 for judicial candidates or June 4, 2012 for all other candidates. (99.012 (3), Florida Statutes)

When to announce candidacy?

• Candidacy may be announced at any time;
• You MUST file an Appointment of Campaign Treasurer and Designation of Campaign Depository (Form DS-DE 9) with the Supervisor of Elections Office before any contributions are accepted, before opening a campaign account, and before expenditures are made (106.021, Florida Statutes);
• You MUST file a Statement of Candidate (Form DS-DE 84) within ten (10) days of filing the Appointment of Campaign Treasurer and Designation of Campaign Depository (106.023, Florida Statutes)
• Candidates for County Judge must file a Statement of Candidate for Judicial Office (Form DS-DE 83)

Candidate Qualifying

When and where do I file my qualifying papers?

Qualifying is the final step that allows a candidate to have his or her name on the ballot. For federal, state, or multi county offices, you must file your qualifying papers with the Department of State. For county and special district offices, you must file your  qualifying papers in the office of the Supervisor of Elections during the assigned dates:

NOON, April 30, 2012 - NOON May 4, 2012 for all federal, judicial, state attorney and public defender candidates

NOON June 18, 2012 – NOON June 22, 2012 for all statewide, multi-county, county and district candidates

Qualifying papers will be accepted at the Volusia County Department of Elections Office during normal business hours, at any time during the qualifying period.

What must I file when I qualify?

Candidates Paying the Qualifying Fee:

1. Form DS-DE 9, Appointment of Campaign Treasurer and Designation of Campaign Depository and Statement of Candidate Form DS-DE 84, unless you have already filed these forms with the Supervisor of Elections.
2. Partisan Candidates:  Form DS-DE 24, Loyalty Oath, Oath of Candidate and Statement of Party;
   or
   Non Partisan Candidates: Form DS-DE 24B, Loyalty Oath and Oath of Candidate.

3. Form 6 - Full and Public Disclosure of Financial Interests for 2011 (and any other forms applicable as identified on Form 6). A public officer who has filed the full and public disclosure or statement of financial interests for the year 2011 with the Commission on Ethics prior to qualifying for office may file a copy of that disclosure at the time of qualifying.

4. Qualifying Fee:

Partisan Candidates: 6% of annual salary as of July 1, 2011 or

Non Partisan Candidates:  4% of annual salary as of July 1, 2011 or

$25 for Special District candidates.  The filing fee for a special district candidate is not required to be drawn on a campaign account.

The qualifying fee must:
--Be on a properly executed check drawn upon the candidate's campaign
   account;
--Be made payable to the County of Volusia;
--Be in an amount not less than the fee required.

NOTE:  A candidate should contact the Department of Elections for the exact amount of the qualifying fee that is due in advance of the deadline to qualify.

Candidates Qualifying by Petition:

1. Form DS-DE 9, Appointment of Campaign Treasurer and Designation of Campaign Depository and Statement of Candidate Form DS-DE 84, unless these forms have already been filed with the Supervisor of Elections.
2. Form DS-DE 104 Candidate Petition Form, if qualifying by petition.
3. Partisan Candidates: Form DS-DE 24, Loyalty Oath, Oath of Candidate and Statement of Party;
   or
4. Non Partisan Candidates: Form DS-DE 24B, Loyalty Oath and Oath of Candidate.

If my qualifying papers are filed with an error or omission, will I be considered disqualified?

Pursuant to 99.061(7), Florida Statutes, if the filing officer receives qualifying papers that do not include all items required, the filing officer shall make a reasonable effort to notify the candidate of the missing or incomplete items and shall inform the candidate that all required items must be received by the close of qualifying. (NOON, May 4, 2012 for judicial candidates or NOON, June 22, 2012 for other candidates)

After filing as a candidate may I later change the way my name is to appear on the ballot?

Pursuant to 99.061(7)(b), Florida Statutes, a candidate’s name as it is to appear on the ballot may not be changed after the end of qualifying.

Is there an alternative method to qualify as a candidate?

Pursuant to 99.095, Florida Statutes, a person seeking to qualify for nomination to any office may qualify to have their name placed on the ballot by means of the petitioning process.

Candidates who have filed the Appointment of Campaign Treasurer and Designation of Campaign Depository (Form DS-DE 9) and Statement of Candidate (Form DS-DE 84) may obtain petition cards (Form DS-DE 104) from the Division of Elections website,  election.dos.state.fl.us/forms/index.shtml. Pursuant to 99.095(2)(b), Florida Statutes, petition forms are to be reproduced by the candidate. Petition cards must be properly completed and signed by 1% of the eligible, registered voters within the District as of the last general election. Petition requirements, by office, are as follows:

County Council At Large:	3188
County Council/School Board District 1:	598
County Council/School Board District 2:	561
County Council/School Board District 3:	694
County Council/School Board District 4:	635
County Council/School Board District 5:	701
County Judges	3188
Volusia Soil & Water Conservation District:	25
West Volusia Hospital Authority:	25

It is recommended that at least 15 – 20% more signatures be obtained to allow for those that do not meet eligibility requirements.

• Candidates are encouraged to submit petitions periodically while they are being gathered. However, the signed petitions must be submitted to the Supervisor of Elections Office prior to NOON on April 2, 2012 for judicial candidates and NOON, April 21, 2012 for all other candidates for verification.
• The Supervisor of Elections will notify you, in writing, whether the required number of signatures has been obtained prior to the first day of qualifying.
• During the qualifying period you will submit the petition certification form, along with your qualifying papers to the Supervisor of Elections.
• The Supervisor shall be paid in advance the sum of 10 cents for each signature checked. If you are unable to pay such charges without imposing an undue burden on personal resources or upon the resources otherwise available to you, you may file written certification of such inability given under oath to the supervisor and be entitled to have the signatures verified at no charge. (99.097(4), Florida Statutes)
• If you have submitted the required number of eligible signatures, you will not be required to pay the qualifying fee or party assessment and will be entitled to have your name printed on the ballot.

What are the amounts of the qualifying fees for county offices?

Pursuant to 99.092, Florida Statutes, qualifying fees for 2012 Volusia County candidates are comprised as follows:
  --Filing Fee 3.0% of salary for office being sought;
  --Election Assessment Fee 1.0% (deposited into the Elections Commission Trust Fund);
  --Party Assessment Fee 2.0% (Partisan offices only)

May I get my qualifying fee back if I decide not to run?

Yes, 99.092(1), Florida Statutes, provides for reimbursement for the qualifying fee, provided that you withdraw your candidacy before the qualifying period ends.

Please Note: Prior to disposing of campaign funds, pursuant to 106.141, Florida Statutes, any candidate who filed an oath stating that he or she was unable to pay the election assessment or fee for verification of petition signatures, or who qualified through the petition process and was not required to pay an election assessment, shall reimburse the state or local governmental entity, whichever is applicable, for such waived assessment or fee for verification or both. Such reimbursement shall be made first for the cost of petition verification and then, if funds are remaining, for the amount of the election assessment. The remaining funds shall be disbursed in the manner prescribed.

STOP… Before you go any further, read the steps you must take! File the "Appointment of Campaign Treasurer and Designation of Campaign Depository" (Form DS-DE 9) with the Supervisor of Elections Office. Open your campaign bank account. Read "Chapter 106 Florida Statutes" and the "Candidate Handbook on Campaign Financing". File the "Statement of Candidate" (Form DS-DE 84) with the Supervisor of Elections Office, within ten days of filing the DS-DE 9. You will now be required to file campaign treasurer’s reports according to the reporting schedule for the current year.

The information contained on this page and other literature is not all-inclusive.  It is the responsibility of the candidate to become acquainted with relevant Florida election laws and local charters that might have a bearing on a campaign or qualifications to run for an office.

For further information go to:  Florida Division of Elections

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