CEO 83-63 -- September 22, 1983

FINANCIAL DISCLOSURE

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO CANDIDATE FOR STATE EXECUTIVE COMMITTEE OF POLITICAL PARTY

To: Ms. Carlene Julian, Orlando

SUMMARY:

A candidate for the State executive committee of a political party is not subject to the requirement of filing a statement of financial interests under the financial disclosure law, Section 112.3145, Florida Statutes. The definition of "candidate" in Section 112.312(4), Florida Statutes, clearly distinguishes between candidates for public office and candidates for office in a political party.

QUESTION:

Is a candidate for the State executive committee of a political party subject to the requirement of filing a statement of financial interests under the financial disclosure law?

Your question is answered in the negative.

The statutory financial disclosure law requires persons seeking nomination or election to a State or local elective office (candidates) to file statements of financial interests together with their qualifying papers. Section 112.3145(2), Florida Statutes (1981). The term "candidate" is defined to mean

any person who has filed a statement of financial interests and qualification papers, has subscribed to the candidate's oath as required by s. 99.021, and seeks by election to become a public officer. This definition expressly excludes a committeeman regulated by chapter 103 and persons seeking any other office or position in a political party. [Section 112.312(4), Florida Statutes (1981).]

By this definition, the Legislature clearly meant to distinguish between candidates for public office, who are required to file financial disclosure, and candidates from office in a political party. In addition, we note that officers of a political party traditionally have not been considered to hold "public office," as shown by the following Florida cases:

The position of Democratic national committeewoman is a party position, not a duly created public office of the state, or under its jurisdiction. [State ex rel. West v. Gray, 169 So. 36 (1936).]

The positions of national committeeman and national committeewoman are not offices as contemplated by the Constitution and the laws of Florida. They are merely political party positions. [State ex rel. West v. Gray, 169 So. 37, 38 (1936).]

National Committeemen and National Committeewomen and Delegates to a National Convention are party officers and not state officers. Unless controlled or regulated by Statute, the selection or election of such officers is a party matter. [Alexander v. Booth, 56 So.2d 716, 719 (Fla. 1952).]

Further authority for this distinction is contained in Attorney General Opinion AGO 080-35, in which the Attorney General advised that in most states officers of a political party, such as the members of a party executive committee, are not considered to hold "public office."

Accordingly, we find that candidates for the State executive committee of a political party and executive committee members are not required to file statements of financial interests under the financial disclosure law, Section 112.3145, Florida Statutes.