Libertarian Party of Florida Vindicated in $70,000 Filing Penalty

Libertarian Party of Florida

TALLAHASSEE  – The Libertarian Party of Florida (LPF) appeared before the Florida Elections Commission Tuesday to appeal a $70,000 fine levied against them by the state for failing to file a financial report. The LPF had argued that state law actually prohibited them from filing the report requested by the state, but the Florida Division of Elections initially disagreed.

After roughly an hour of oral arguments and questioning, the Commission voted 5-to-1 in favor of the Libertarian Party, and waived the $70,000 fine. The Commission seemed to agree at least partly with the LPF’s interpretation, stating the law was ambiguous and needed clarification.

“The LPF has been vindicated,” said LPF Chairman Adrian Wyllie, “We have consistently argued that our reporting was in complete compliance with state and federal law, and it was the Division of Elections that was incorrect in their interpretation.”

The appeal was in response to a fine levied on the party in November of 2012 after a filing was performed by the then treasurer, Jeremi Hale. In accordance with Hale and Wyllie’s interpretation of the law, a financial report was submitted the Federal Election Commission, but no filing was made to the State of Florida.

Florida Statute 106.29(1) reads as follows: “The state executive committee and each county executive committee of each political party and any affiliated party committee regulated by chapter 103 shall file regular reports of all contributions received and all expenditures made by such committee.However, the reports shall not include contributions and expenditures that are reported to the Federal Election Commission.”

The LPF interpreted the wording in Florida Statute 106.29(1) to mean that there was no filing due to the Florida Division of Elections, since they had reported all contributions and expenditures for that period to the Federal Election Commission.  Thus, they argued, there was nothing to report to the state.

This wording was added into the law with HB1355 codified into law in 2011. After the Libertarian Party requested legal guidance from the Florida Division of Elections, they were advised in January to file a waiver with the State of Florida. A waiver is generally filed when a campaign or party has had no activity in a filing period. As this was not the case for the Libertarian Party but that activity was filed with the Federal Election Committee, the LPF asserted the waiver option did not seem appropriate. The commissioners ultimately agreed.

“I believe the commission made the right decision and I hope this serves as notice that this statute and the waiver filing systems need to be reviewed for clarity,” said LPF Treasurer Danielle Alexandre, “I am eager to see the Florida Legislature and Election Commission rectify this deficiency in the current wording of the statute.”

The commissioners today also affirmed that the wording of this statute needed further review, and was ambiguous in meaning as to properly reporting methods to prevent duplicate reporting.

The defense was lead by LPF Executive Committee member and legal counsel William Wohlsifer, with assistance from associate attorney, Stephanie J. Cunningham. Mr. Wyllie, Ms. Alexandre and Mr. Hale were also present and introduced to the Commissioners. An official court reporter retained by the LPF recorded the proceedings should further legal action be necessary.

In addition to the six members of the Florida Elections Commission, also seated with the Commission was Ed Tellechea, Florida’s Chief Assistant Attorney General, as legal counsel for the Commissioners. Argument for the FEC was presented by Jaakan Williams, FEC Assistant General Counsel, who was seated with Amy Toman, Esq., FEC Executive Director and Eric Lipman, FEC General Counsel and another FEC assistant general counsel who joined the FEC legal team yesterday.

Testimony was called upon and provided by Gary Holland, Esquire, Assistant Director of the Florida Division of Elections, Kristi Reid Bronson, Bureau Chief, Bureau of Election Records, and Jeremi Hale.

The arguments presented on appeal by the LPF relied primarily on federal law and the “Federal Elections Commission Information Technology Strategic Plan (FY 1999-2002)” which the State of Florida voluntarily opted into, effective December 1999.