Campaign Law

Rachel seems to have decided to comply with Florida election statutes with the

above postcard.  Note the proper disclaimer and the lack of a monetary reward.

The apparent mix of PAC and campaign funds is not present.  This does not

absolve the previous infractions.

Rachel is sending this postcard to voters.

 

Note the plakonfriends.com domain in the email address.  Is this tied to Friends of Rachel Plakon (PAC)?  What organization paid for and mailed the postcard?

 

Rachel's campaign paid Bruster's Real Ice Cream $210 on July 15 for "Promotional Food".

 

There are a few issues with this birthday initiative:

• The lack of disclaimer violates Florida Statute 106.143.

• Giving away anything of value to prospective voters violates Florida Statute 104.061.

 

Florida Statutes

106.143 Political advertisements circulated prior to election; requirements.—
(1)(a) Any political advertisement that is paid for by a candidate, except a write-in candidate, and that is published, displayed, or circulated before, or on the day of, any election must prominently state:

1. “Political advertisement paid for and approved by (name of candidate) , (party affiliation) , for (office sought) ”; or
2. “Paid by (name of candidate) , (party affiliation) , for (office sought) .”

 

104.061 Corruptly influencing voting.—

(1) Whoever by bribery, menace, threat, or other corruption whatsoever, either directly or indirectly, attempts to influence, deceive, or deter any elector in voting or interferes with him or her in the free exercise of the elector’s right to vote at any election commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 for the first conviction, and a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for any subsequent conviction.

(2) No person shall directly or indirectly give or promise anything of value to another intending to thereby buy that person’s or another’s vote or to corruptly influence that person or another in casting his or her vote. Any person who violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, this subsection shall not apply to the serving of food to be consumed at a political rally or meeting or to any item of nominal value which is used as a political advertisement, including a campaign message designed to be worn by a person.