Thurston v. State, Florida Elections Commission

210 So. 3d 684, 2017 WL 625791, 2017 Fla. App. LEXIS 2059
CourtDistrict Court of Appeal of Florida
DecidedFebruary 15, 2017
DocketNo. 4D15-2590
StatusPublished

This text of 210 So. 3d 684 (Thurston v. State, Florida Elections Commission) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thurston v. State, Florida Elections Commission, 210 So. 3d 684, 2017 WL 625791, 2017 Fla. App. LEXIS 2059 (Fla. Ct. App. 2017).

Opinion

Ciklin, C.J.

In 2014, prior to the primary election for the office of Florida Attorney General, Perry Thurston submitted documents to the Division of Elections (“the Division”) in an attempt to meet the threshold required to qualify for state matching funds from the Election Campaign Financing Trust Fund. The Division rejected some of the documents—photocopies of checks—because necessary information contained on the face of the documents could not be read. The Division notified Thurston of the legibility problems after he was eliminated as a candidate in the primary election. In response, he submitted new, legible photocopies of the required documents, which the Division declined to review.

In this appeal, Thurston challenges the Division’s decision not to review his corrected documentation to determine whether Thurston had met the qualifying threshold, and the Florida Election Commission’s (“the FEC”) affirmance of that decision. Because the relevant statutes and administrative rules do not impose a deadline on curing defective paperwork submitted pri- or to a primary election in support of a request for matching funds, we reverse and remand to the Division to process Thurston’s request for certification.

In November 2013, Thurston filed his appointment of campaign treasurer and designation of campaign depository related to his candidacy for Florida Attorney General. The primary election was scheduled for August 26, 2014. In June 2014, Thur-ston filed with the Division a request for matching funds pursuant to section 106.33, Florida Statutes.1

By e-mail dated August 7, 2014, Thur-ston’s representative submitted to the Division two financial reports for 2013 and two for 2014. By email dated August 15, 2014, Thurston’s representative submitted “missing matching funds documentation,” which he requested be included in “[Thurston’s] matching funds report.” The documents comprised proof of financial contributions which were required to be reported by June 27 and July 25 in order to avoid a delay in disbursement of the funds. On August 21, in response to an inquiry from Thurston’s representative, the Division informed the Thurston campaign that it could not disburse matching funds because the submissions were untimely and he had not submitted “verifiable documentation establishing he had received at least $100,000 in eligible contributions.”

The following day, August 22, Thur-ston’s representative e-mailed documents to the Division, which he asserted would establish that the campaign had met the $100,000 threshold to be certified eligible for matching funds. Based on the looming primary election, the Division accelerated the verification process. Upon completion of the verification process on August 25, the Division determined that “[t]he verifiable documentation supported receipt of only $99,251.70 in eligible contributions.” Further, there were claimed contributions that could not be considered for various [686]*686reasons, including “No Documentation,” “Not a Florida Resident,” “Occupation not specific,” “Invalid Signature,” and “Incomplete/Improper Documentation.”

On August 26, 2014, the primary election was held and Thurston was defeated. The next day, the Division informed Thurston’s campaign that he had not met the requirements for certification. Relevant to this appeal, five contributions were disallowed because the portion of the checks containing the contributors’ names and addresses had been turned down during the photocopying process so that the complete names and addresses could not be read.

By letter dated October 14, 2014, Thur-ston’s representative renewed the campaign’s request for disbursement of matching funds. New, legible, photocopies of the five checks were attached to the letter.

The Division confirmed its receipt of the corrected photocopies of the checks but declined to certify Thurston’s eligibility to receive matching funds. No reason was provided in the letter for the Division’s decision. On appeal, the FEC affirmed.

On appeal to this court, Thurston argues that Florida’s Election Campaign Financing Act does not provide for disallowance of contributions merely because deficiencies in the paperwork submitted to qualify for matching contributions were not cured until after a candidate was eliminated as a candidate. The FEC argues that by the time Thurston submitted documentation purporting to show that he had raised $100,000 in qualifying contributions, he was no longer a candidate and thus the Division lacked statutory authority to certify his eligibility to receive matching funds.

The issue on appeal is a purely legal one, namely the interpretation of the statutes and administrative rule that apply to the distribution of matching campaign funds. “The standard of review of an agency decision based upon an issue of law is whether the agency erroneously interpreted the law and, if so, whether a correct interpretation compels a particular action.” Abram v. State, Dep’t of Health, Bd. of Med., 13 So.3d 85, 88 (Fla. 4th DCA 2009) (quoting Fla. Hosp. v. Agency for Health Care Admin., 823 So.2d 844, 847 (Fla. 1st DCA 2002)).

The relevant statutes are contained in Chapter 106, Florida Statutes (2014). Sections 106.30-106.36, Florida Statutes, are known as the Florida Election Campaign Financing Act (“the Act”). § 106.30. Section 106.32 establishes an Election Campaign Financing Trust Fund. The Legislature provided its intent in enacting the Act:

The Legislature finds that the costs of running an effective campaign for statewide office have reached a level which tends to discourage persons from becoming candidates and to limit the persons who run for such office to those who are independently wealthy, who are supported by political committees representing special interests which are able to generate substantial campaign contributions, or who must appeal to special interest groups for campaign contributions. The Legislature further finds that campaign contributions generated by such political committees are having a disproportionate impact vis-a-vis contributions from unaffiliated individuals, which leads to the misperception of government officials unduly influenced by those special interests to the detriment of the public interest. Furthermore, it is the intent of the Legislature that the purpose of public campaign financing is to make candidates more responsive to the voters of the State of Florida and as insulated as possible from special interest groups. The Legislature intends ss. 106.30-106.36 to alleviate these factors, dispel the misperception, and encourage [687]*687qualified persons to seek statewide elective office who would not, or could not otherwise do so and to protect the effective competition by a candidate who uses public funding.

§ 106.31.

Section 106.38 provides that to be eligible for matching funds, a candidate for the office of Governor or member of the Cabinet, “upon qualifying for office, shall file a request for such contributions with the filing officer on forms provided by the Division of Elections.” The statute further provides that a candidate for a Cabinet office must not be “an unopposed candidate as defined in s. 106.011.” § 106.33. A candidate for Cabinet office must agree to abide by the expenditure limits provided by law, and must raise $100,000. § 106.33(l)-(2). Contributions from individuals who are not state residents may not be used to meet the $100,000 threshold. § 106.33(2)(b).

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Related

Magaw v. State
537 So. 2d 564 (Supreme Court of Florida, 1989)
Smith v. Crawford
645 So. 2d 513 (District Court of Appeal of Florida, 1994)
Abram v. State, Department of Health, Board of Medicine
13 So. 3d 85 (District Court of Appeal of Florida, 2009)
Florida Hospital v. State Agency for Health Care Administration
823 So. 2d 844 (District Court of Appeal of Florida, 2002)

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Bluebook (online)
210 So. 3d 684, 2017 WL 625791, 2017 Fla. App. LEXIS 2059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thurston-v-state-florida-elections-commission-fladistctapp-2017.