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HomeMy WebLinkAbout1975 12 24 Special '-e e - STATE OF FLORIDA mrpurtmrttt of ~tatr THE CAPITOL TALLAHASSEE 32304 BRUCE A. SMATHERS SECRETARY OF STATE MRS. DOROTHY W. GLISSON, DIRECTOR DIVISION OF ELECTIONS (904) 483-7690 December 30, 1975 Gary Massey, Esquire Attorney at Law Suite 102 616 East Semoran Altamonte Springs, Florida Dear Mr. Massey: Your inquiry has been received with reference to municipalities adopting the state election laws for the conduct of their elections. e, We respectfully refer you to Section 104.45, Florida Statutes, which provides - "Upon presentation of a petition signed by twenty-five qualified electors in a municipality, a municipality may upon official approval by the governing authority under the charter, adopt the state election laws for conducting a municipal election. In such event the words "city clerk or appropriate official" are inserted wherever the words "supervisor of elections" appear." Municipalities which have not adopted the state election laws generally hold their elections in accordance with the municipal charter and ordinances. Elections are one of the most important parts of govern- ment and in the absence ofa charter or ordinance provision for holding elections, and where a municipality has not adopted the Florida Election Laws, it would appear to us that you should be guided by some formality, such as the general election laws to insure sanctity of the ballot and the holding of elections in an orderly manner. . \ . .. '"I e - . III e e " \ Gary Massey, Esquire December 30, 1975 Page Two A determination as to the validity of an election is a matter for a court of competent jurisdiction and the courts have on more than one occasion held that in the absence of a fraud, an election should not be set aside because of the failure of an election official to properly perform his duties. See Gough et.al. v. State ex reI. Sauls et.al., a copy of which is attached. These comments should not be construed as passing on the validity of an election and are only offered in an effort to be of assistance. With kind regards, I remain , Cordially, If}.~ . Glisson of Elections DG/na Enclosure