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for United States Senator, he could not put them together and contribute it; he would have to decide what proportion he wanted to contribute to the governor's campaign and make that contribution to the governor's campaign treasurer and likewise to the Senator's campaign treasurer.

Mr. WARNER. How about a whole slate for the entire party?

Mr. GRAY. In our State, of course, that situation can arise in the general election only. We had that question come up, also, and there were county committees, local committees, which were concerned mainly with the success of their party, and we construed the law rather rigidly in that case so long as an individual was not brought out, and it did not become an individual matter..

Mr. WARNER. Are individuals who make contributions and expenditures for political parties required to file a report with any office in the State of Florida?

Mr. GRAY. Only if they are making a contribution for the benefit of a specified candidate.

Mr. WARNER. Is he then required to file a report, or does the person to whom he makes the contribution make a report?

Mr. GRAY. No; the candidate is called upon to make it.

Mr. WARNER. There is no duty imposed upon the person making the contribution to file a report?

Mr. GRAY. No.

Mr. WARNER. Could you give any round figure as to how much was spent in the recent general election in Florida?

Mr. GRAY. My honest opinion there would be that the most of what was spent in the general election in Florida was spent in the campaign for the presidential candidates. There was considerable spent, I am sure, one way or the other, directly or indirectly, mostly indirectly. And our law does not quite reach that, because there is no way you can have any penalties that would at all reach the successful or unsuccessful candidates for the Presidency or Vice Presidency. Our law does not quite reach that far.

Mr. WARNER. Did you compile the total amount as to how much was spent in the primaries?

Mr. GRAY. I have no figures with me. I could compile them very quickly. My records are under the heading of each candidate. Mr. WARNER. It is not that important.

Mr. GRAY. I had no occasion to put them all together to see what the grand total would be. But I could do it.

Mr. WARNER. I understand you have a rather unique law in connection with scurrilous and scandalous literature issued in the course of a campaign.

Mr. GRAY. We have such a law; yes, sir. There can be no literature circulated within a certain number of days before the primary which attacks a candidate's character or makes any scurrilous attacks on a candidate. Legally they are cut off so many days before the primary. And, of course, the accuracy and truthfulness of those statements are subject to the usual limitations on statements that are printed or verbal, and the law does handle that; yes, sir.

Mr. WARNER. In that connection, does the law in any way attempt to define what shall be or shall not be considered to be scurrilous and scandalous statements?

Mr. GRAY. Not in extenso. There is some definition there but not very much.

Mr. KARSTEN. Does that apply to the newspapers, too-perhaps to an editorial statement that might be considered by some as scurrilous? Mr. GRAY. May I give you one illustration? If a newspaper attacks a candidate and makes misstatements which are not in substantial accord with the facts, the law requires the paper to give the candidate's denial the same prominence, published on the same page of the newspaper, and the same space given for the denial, and the candidate can call upon the newspaper to retract, and within a certain number of days, which is a very brief time, if they do not retract, he, of course, can sue them and proceed in that way. We had two or three instances of that kind in our last campaign.

Mr. KARSTEN. And the newspaper did accord the candidate who was alleged to have been aggrieved proper space?

Mr. GRAY. Yes, sir. We had one case where there was a front-page headline, probably the most prominent headline, and the candidate immediately called their attention to some gross errors and misstatements and demanded them to retract, and about the third or fourth day the retraction was made under the same type of headline on the front page.

The CHAIRMAN. Does the law require all campaign circulars and all campaign advertisements to be signed?

Mr. GRAY. Yes; so that you can trace their identity.

The CHAIRMAN. So that it is impossible to put out an anonymous campaign circular or advertisement?

Mr. GRAY. Our law seeks to prohibit that; yes, sir.

The CHAIRMAN. Mr. Gray, you have been very helpful to the committee, and I congratulate you on the progress you have made in Florida.

Mr. GRAY. Thank you, sir.

The CHAIRMAN. We certainly appreciate your coming up.

Mr. GRAY. You are through with me, and I am free to return to Florida?

The CHAIRMAN. Yes. But we would be glad to have those exhibits for our record.

Mr. GRAY. I will be glad to give them to you now.

(The following are the papers and exhibits submitted for the record by Mr. Gray :)

(1) Florida campaign expenditures law.

(2) Campaign deposit slip.

(3) Expenditure certificates.

(4) Campaign treasurer's report.

FLORIDA CAMPAIGN EXPENDITURES LAW

Chapter 26819-(No. 340)

AN ACT Relating to Elections, Political Campaigns, and Contributions and Expenditures in Connection with Political Campaigns; Prohibiting Certain Persons from Contributing to Political Campaigns; Prescribing the Maximum Contribution that Can Be Made by Any Individual; Requiring the Appointment of Campaign Treasurer, Designation of Campaign Depository and Permitting the Appointment of Deputy Campaign Treasurers and the Designation of More Than One Campaign Depository; Requiring Reports and Accounting of Campaign Expenditures and Contributions; Prescribing Penalties for the Violation of This Act and a Time Limit Within Which Prosecution Can be Brought Therefor

Be it enacted by the Legislature of the State of Florida:

Section 1. Certain persons prohibited from making contributions.—(a) No person holding a horse or dog racing permit, nor any member of an unincorporated association holding such a permit, nor any officer, director, or supervisory

employee of a corporation holding such a permit, or trustee authorized by trust agreement to vote stock in such corporation where such stock is owned by a person or persons sui juris, shall make, directly or indirectly, any contribution of any nature to any political party or to any candidate for nomination for, or election to, political office in the State of Florida.

(b) No person holding a license for the sale of intoxicating beverages, nor any member of an unincorporated association holding such a license, nor any officer or director of a corporation holding such a license, shall make, directly or indirectly, any contribution of any nature to any political party or to any candidate for nomination for, or election to, any political office in the State of Florida.

(c) No person operating a public utility subject to grant of franchise or regulation by the state, or any political subdivision thereof, nor any member of an unincorporated association operating such a public utility, nor any officer or director of a corporation operating such a public utility, shall make, directly or indirectly, any contribution of any nature to any political party or to any candidate for nomination for, or election to, political office in the State of Florida. Members of non-profit cooperative corporations which operate public utilities shall not, by reason of such membership therein, be included within the prohibition contained in this subsection.

Section 2. Maximum contribution by any individual.—No person shall contribute to a candidate for election or nomination to political office in the State of Florida, directly or indirectly, in moneys, material, supplies, or by way of loan, in an amount or value in exces of One Thousand Dollars ($1,000) in any primary or general election.

Section 3. Appointment of campaign treasurer and deputy campaign treasurer and designation of campaign depositories; removal; vacancy, filing.-(a) Each candidate for nomination for, or election to, political office in the State of Florida, upon or before, and as a condition precedent to, qualifying, as such candidate, shall appoint one campaign treasurer and shall designate one campaign depository and shall file the name and address of each with the officer before whom such candidate is required by law to qualify. The candidate may designate himself or any other elector to act as such campaign treasurer and may designate as his campaign depository any bank authorized by law to transact business in the State of Florida.

(b) Any campaign treasurer for any candidate may appoint as many deputy treasurers as deemed necessary and may designate not more than one depository in each county in which a campaign is conducted; provided, however, the campaign treasurer herein provided for shall be responsible for the accounts of all such deputy campaign treasurers; and provided further that the names and addresses of each deputy campaign treasurer and additional camapign depositories shall be filed with the officer before whom such candidate is required by law to qualify.

(c) Any candidate may remove a campaign treasurer or deputy campaign treasurer so appointed.

(d) In case of the death, resignation, or removal of a campaign treasurer, the candidate shall forthwith appoint a successor and certify the appointment in the manner provided in the case of an original appointment.

Section 4. Campaign treasurer in charge of funds; time limit.-(a) No conntribution or expenditure of money or other thing of value, nor obligation therefor, shall be made, received, or incurred, directly or indirectly, in furtherance of the candidacy of any candidate for political office in the State of Florida except through the duly appointed campaign treasurer or deputy campaign treasurers of the candidate.

(b) Any contribution received by the campaign treasurer or deputy treasurer less than five (5) days before the election shall be returned by him to the person contributing it and shall not be used or expended in behalf of the candidate or in furtherance of his candidacy.

Section 5. Deposit of contributions; statement of campaign treasurer.—All funds received in furtherance of the candidacy of any candidate shall, within twenty-four (24) hours after receipt thereof (Sunday and holidays excepted), be deposited by the campaign treasurer or deputy campaign treasurers in a campaign depository of such candidate in an account designated "Campaign Fund of (name of candidate)."

Accompanying all deposits so made by the campaign treasurer or deputy campaign treasurers shall be a detailed statement showing the names and addresses of the persons contributing or providing the funds so deposited, together with a statement of the amount received from, or provided by, each person. Such state

ment shall be in triplicate upon a form prescribed by the Secretary of State, one copy to be retained by the campaign depository for its records, one copy to be filed by the depository as set forth in Section 9 hereof, and one copy to be retained by the campaign treasurer for his records, which statements shall be certified as correct by the campaign treasurer.

Section 6. Expenditures restricted to amounts on deposit.-No campaign treasurer or deputy campaign treasurer shall authorize the incurring of any expense in behalf of the candidate, or in furtherance or aid of his candidacy, unless there are monies on deposit in the campaign depository to the credit of the account known as the Campaign Fund of the candidate sufficient to pay the amount of the expenses so authorized together with all other expenses previously authorized.

Section 7. Written authorization of expenditure required.-No expenses shall be incurred by any candidate for election or nomination to political office, or by any person, corporation, or association in his behalf, or in furtherance or aid of his candidacy, unless prior to the incurring of the expense a written order shall be made in and upon the form prescribed, and signed by the campaign treasurer of the candidate authorizing the expenditure, and no money shall be withdrawn or paid by any campaign depository from any campaign fund account except upon the presentation of the written order, so signed, accompanied by the certificate of the person claiming the payment, which certificate shall state that the amount named in the order, or such part thereof as may be claimed, naming the amount claimed, is justly due and owing to the claimant, that the order truly states all of the purposes for which the indebtedness was incurred, and that no person other than the claimant is interested, directly or indirectly, in the payment of the claim, and unless an order for payment in and upon the form prescribed, and signed by the campaign treasurer or deputy treasurer, is presented to the campaign depository; provided that any such authorization may be issued by the campaign treasurer to the candidate for traveling expenses still to be incurred. The order authorizing such expenditure, the certificate, and the order for payment shall be on the same piece of paper.

Section 8. Reports; certification and filing; unopposed candidates.—(a) Each candidate shall report to his campaign treasurer on Friday of each week all expenditures made by such candidate for traveling expenses during the preceeding seven days and each campaign treasurer shall make a full and complete report of all monies or other things of value contributed to him and to all deputy campaign treasurers of such candidate; the report shall contain the names and addresses of each of the contributors and the amount contributed by each, and a complete statement of all expenditures authorized, incurred, or made by him, and by all deputy campaign treasurers, to the date of such report, and all expenditures by the candidate for traveling expenses made prior to the Friday next preceding the filing of such report. These reports shall be made at the following intervals by the campaign treasurers of the candidates for the following respective offices between the date of the appointment of the campaign treasurer and the date of the election or elimination of the candidate:

1. Governor and United States Senator-On Monday of each week preceding the election.

2. All other offices-On the first Monday of each month preceding the election. 3. In the case of all offices-Fifteen (15) days after each primary or election in which the candidate participates.

(b) The rental or purchase of public address equipment shall not be regarded as traveling expense.

(c) The campaign treasurer shall certify as to the correctness of each report and the candidate shall also bear the responsibility for the accuracy and veracity of each report.

(d) Such reports shall be filed with the officer before whom the candidate is required by law to qualify and all such reports shall be open to public inspection. (e) Should any candidate be unopposed for nomination for, or election to, any office after the time prescribed by law for qualifying for the nomination or election, then the obligation to file the above reports shall cease.

Section 9. Depository's statement after election.-Within fifteen (15) days after each election in which a candidate participates, the designated campaign depository or depositories of each such candidate shall file either the original or a true copy of all the deposit slips filed with the said depository by the campaign treasurer or deputy campaign treasurer, and the original or a true copy of all authorizations of the campaign treasurer or deputy campaign treasurers upon which funds were withdrawn from said depository. Such statement by such depository shall be filed with the officer before whom the candidate whose account the depository carries is required to qualify.

Section 10. Not applicable to candidates for municipal offices.-This Act shall not apply to candidates for municipal offices.

Section 11. Secretary of State to prescribe forms.—Appropriate forms necessary to effectuate the purposes of this act, including the campaign treasurer's reports, the statements by the campaign depository, the deposit slips, and the order authorizing expenditures, the certificate of the person to whom payment is made, and the order for payment, shall be prescribed and approved by the Secretary of State of the State of Florida.

Section 12. Penalties.—(a) Any person who knowingly violates the provisions of this act shall be deemed guilty of a misdemeanor and subject to a fine of not more than one Thousand Dollars ($1,000) or to imprisonment for not more than six (6) months.

In Addition thereto

(b) The nomination or election to office of any candidate who knowingly violates the provisions of this act, or whose campaign treasurer or deputy campaign treasurer knowingly violates the provisions of this act, shall be automatically vacated and the nomination or office filled as in other cases where a vacancy occurs.

(c) The charter of any corporation which knowingly violates the provisions of this act shall be subject to revocation by the Secretary of State.

(d) The permit of any horse or dog racing track shall be subject to revocation by the State Racing Commission if any person holding such a permit, or any member of an unincorporated association holding such a permit, or any officer, director, supervisory employee, of a corporation holding such a permit, or trustee authorized by trust agreement to vote stock in such corporation where such stock is owned by a person or persons sui juris, knowingly violates this act.

(e) Any license for the sale of intoxicating beverages shall be subject to revocation by the State Beverage Department if any person holding such a license, or any member of an unincorporated association holding such a license, or any officer or director of a corporation which holds such a license, knowingly violates this act.

(f) The franchise of any public utility shall be subject to revocation by the Florida Railroad and Public Utilities Commission if any person holding such a franchise, or any member of an unincorporated association holding such a franchise, or any officer, or director of a corporation which holds such a franchise, knowingly violates this act.

(g) Whoever shall knowingly make any false certificate, statement, or report provided for in this act shall suffer the pains and penalties for perjury.

Section 13. Limitation of actions.-Prosecution for the violation of any of the provisions of this act may be commenced before, but not after, four (4) years shall have elapsed from the date of the violation.

Section 14. General repealing clause.—All laws or parts of laws in conflict herewith be, and the same are hereby, repealed to the extent of such conflict, except Sections 875.19, 875.20, and 875.21, of Florida Statutes.

Section 15. Severability.—If any section of this act is declared to be unconstitutional, inoperative, or invalid by any court of competent jurisdiction, such holding shall not affect the remaining sections of this act not dependent thereon for meaning.

Section 16. Effective date. This act shall take effect immediately.

Approved by the Governor June 5, 1951.

Filed in Office Secretary of the State June 5, 1951.

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