Tag Archives: JQC judicial qualifying commission

Broward School Board Member Violates Florida Election Laws

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roz11According to her campaign treasurer’s report, Broward School Board Member Rosalind Osgood has violated Florida elections law, twice. On July 9, 2015, Osgood loaned her campaign $100 in cash. Two weeks later, Osgood contributed $1,000 in cash. Florida election law prohibits candidates from accepting cash contributions over fifty dollars.

Section 106.09(1)(a) states, “A person may not make an aggregate cash contribution…to the same candidate or committee in excess of $50 per election.” According to the law, anyone who accepts more than $50 in cash, “commits a misdemeanor of the first degree.” Accepting more than $5000 is a felony.

Osgood is not the first Broward candidate to violate Florida elections law. In June, REDBROWARD exposed how “Mystery” Broward Sheriff candidate Edison Jules gave his own campaign $500 in cash. Also in June, REDBROWARD revealed Florida House District 95 candidate Roxanne Y. Valies’ illegal cash contributions.

On her April 2015 campaign report, Valies listed three contributions made by Valies herself. Two cash contributions of $50 each and one $150 check. The aggregate of Valies’ two cash contributions is $100 dollars, a first degree misdemeanor under Florida law. Even Broward Judges do not follow Florida elections laws.

In May, REDBROWARD reported Broward County Judge John “Jay” Hurley violated Florida elections laws by accepting campaign contributions before he became a candidate for elected office. Chapter 5 of the Florida Division of Elections “Candidate and Campaign Treasurer Handbook” states, “Nothing prohibits a person from announcing their intention to become a candidate prior to filing Form DS-DE 9, as long as no contributions are received, no expenditures are made, and no signatures are obtained on a candidate petition.” The State says Form DS-DE 9, “Shall be on file with the filing officer prior to the candidate accepting any contributions or making any expenditures, or authorizing another to accept contributions or make expenditures on the person’s behalf.” Judge Hurley filed his Form DS-DE 9 with the Broward Supervisor of Elections Office (SOE) on April 10, 2015.

After REDBROWARD exposed his violations, Hurley refunded the illegal campaign contributions he accepted before becoming a candidate for office. REDBROWARD reported how seriously The Florida Supreme Court viewed campaign violations by judges. Earlier this year, The Court punished a Vero Beach Judge for elections law violations. Many courthouse insiders expect the Judicial Qualifying Commission (JQC) will take a close look at all elections law violations.

Will FL Supreme Court Come Down Hard On Broward Judge Hurley?

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hurley3In what only can be viewed as bad news for Broward Judge John Jay Hurley, the Florida Supreme Court has taken a hardline on campaign violations by judicial candidates. In May, The Court punished Indian River Circuit Court Judge Victoria L. Griffin for operating her campaign before actually filing for office.

In April, the Judicial Qualifying Commission (JQC) recommended formal proceedings against Griffin for violations of Florida Statutes 106.021 (1) which requires a candidate to file for office before appointing a campaign treasurer, opening a campaign bank account and accepting any money. Judge Griffin admitted to loaning her campaign $5,900 on May 1, 2014. On the same day, her treasurer issued a $5,803.20 check to cover the campaign filing fee.  Griffin filed the required form DS-DE9 on May 2, 2014, the last day candidates could qualify for office.

When informed of the violation, Griffin told the Florida Division of elections, “In order to be able to file the qualification documentation with the Division before the deadline, my loan contribution was used to open a campaign account on the afternoon prior to the Division qualification filing the next morning. I have been made aware, and I now understand, that the opening of my campaign account prior to the Division filling was not in compliance with Division guidelines…”

The Florida Supreme Court this was a violation of Florida election law.

Judge Griffin agreed to a public reprimand from The Florida Supreme Court to be issued September 2015.

Less than a week after the Court made its decision in the Griffin case, REDBROWARD reported Broward County Judge John Jay Hurley violated the same election guidelines.

Official records show Judge Hurley violated Florida elections laws by accepting campaign contributions before he became a candidate for elected office. Hurley filed his Form DS-DE 9 with the Broward Supervisor of Elections Office (SOE) on April 10, 2015.

However, campaign financial reports filed show Judge Hurley was accepting contributions as far back as February 2015.

The Hurley campaign filed three separate campaign treasurer’s reports on the same day with the Broward Supervisor of Elections Office (SOE). Even though Hurley did not file his Form DS-DE 9 until April, the first two reports cover February and March. The third report, which covers April 2015, includes contributions made before Hurley filed his Form DS-DE 9.

The first report shows the campaign accepted a $1000 contribution from Judge Hurley himself on February 3, 2015. This contribution was made more than two months before Hurley filed his Form DS-DE 9 with SOE.

The second report lists a $1000 check from George Cable of Fort Lauderdale.

The third report has two contributions made before the April 10th filing of Hurley’s Form DS-DE 9. On April 7th, the campaign received a $250 contribution from the Law Office of Lawrence Wolk, a Fort Lauderdale law firm. On April 9th, Hurley accepted a $1000 contribution from Mark McCarthy, a Pompano Beach licensed private investigator.

It is unclear if any complaints regarding Hurley’s campaign shenanigans have been made to the Judicial Qualifying Commission.