HomeMy WebLinkAbout2006 04 24 Regular Item 309 Supervisor of Elections
COMMISSION AGENDA
ITEM 309
Public Hearing
Regular X
Consent
Informational
April 24. 2006
Regular Meeting
Mgr. / Dept.
Authorization
REQUEST:
The City Clerk requests that the City Commission consider the request from the
Seminole County Supervisor of Elections and make any decision they deem
necessary.
PURPOSE:
This Agenda Item is being brought to the City Commission for their review, in
accordance with Ordinance 2004-37 which dealt with the City legally opting out
of Early Voting provisions at our City Hall.
CONSIDERATIONS:
Ordinance Number 2004-37 dealt with the City legally opting out of Early Voting
at our City Hall. This was primarily due to the extra staffing and overtime hours
that our City would have to provide, as another early voting location for the
Seminole County Supervisor of Elections.
When the issue of early Voting came up prior to the last Election, we felt that we
could not accommodate Early Voting here at our City Hall, as this would involve
many additional hours that at least someone from our City would have to be
present for to open and close City Hall for each of the days designated by the
Supervisor of Elections, in addition to the already full schedule of the City Clerk's
Office.
CITY OF WINTER SPRINGS, FLORIDA
CITY COMMISSION
REGULAR MEETING - APRIL 10,2006
REGULAR AGENDA ITEM 309
PAGE 2 0F 2
Also of major consideration are the City Commission and Advisory Board and
Committee Meetings that are normally scheduled for the City of Winter Springs'
Commission Chambers, as the hours of Early Voting and our already scheduled
meetings will conflict.
If the City Commission would like to reconsider this matter, as noted in
Attachment "B", the Supervisor of Elections for Seminole County and/or his
designee has offered to come before you at another Meeting to discuss this issue
further with you.
ATTACHMENTS:
A. Ordinance 2004-37
B. Letter from the Honorable Michael Ertel, Supervisor of Elections for
Seminole County
RECOMMENDATION:
The City Commission is asked to consider whether they wish to further consider
the opening of City Hall for early voting in September and possibly invite the
Supervisor of Elections for Seminole County and/or his designee to attend a City
Commission Meeting to discuss this issue with you.
COMMISSION ACTION:
ATTACHMENT
"A"
ORDINANCE NO. 2004-37
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING THE
CITY OF WINTER SPRINGS CODE OF ORDINANCES,
CHAPTER 2, ADMINISTRATION; EXEMPTING THE CITY
FROM THE PROVISIONS OF SECTION 101.657, FLORIDA
STATUTES, REGARDING EARLY VOTING BY CREATING
A NEW SECTION 2-96 ENTITLED "EARLY VOTING
EXEMPTION;" PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the Florida Legislature has adopted revisions to section 101.657, Florida
Statutes, requiring supervisors of elections to provide early voting to its electors; and
WHEREAS, the Florida Division of Elections, in an informal opinion to the City Attorney
dated July 23,2004, authorized that the City may opt out of the provisions of the Florida Election
Code not expressly applicable to municipalities, and specifically, the early voting requirements; and
WHEREAS, the City Commission finds early voting would impose a financial burden on
the City and that it is in the best interests of the City to opt out of the early voting requirements; and
WHEREAS, the City Commission desires to create a new section 2-96, of the City Code,
entitled "Early Voting Exemption;" and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests ofthe public health, safety, and welfare ofthe citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. The City of Winter Springs Code, Chapter 2, Administration, is hereby
amended as follows: (underlined type indicates additions and stlikcout type indicates deletions, while
asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 2. It is intended
that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this Ordinance).
City of Winter Springs
Ordinance No. 2004-37
Page 1 of 3
CHAPTER 2. ADMINISTRATION
* * *
ARTICLE IV. ELECTIONS
***
Sec. 2-96. Early Voting Exemption.
The City of Winter Springs is hereby exempt from the early voting provisions of section
101.657. Florida Statutes. From time to time. the City may contract with the Seminole County
Supervisor of Elections to conduct early voting for the City of Winter Springs at the office of the
Supervisor of Elections and any other early voting sites the Supervisor may establish in public
libraries and/or city halls.
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 3. Incorporation Into Code. This ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 5. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter.
ADOPTED by the City Commission of the City of Winter Splings, Florida, in a regular
meeting assembled on the 23rd day of August : 2004.
ATTEST:
City of Winter Springs
Ordinance No. 2004-37
Page 2 of 3
ANDREA LORENZO-LUACES
City Clerk
Approved as to legal form and sufficiency for
the City of Springs only:
Anthony A. Garganese, City Attorney
First Reading: August 9, 2004
Second Reading: August 23, 2004
Effective Date: See Section 5.
City of Winter Springs
Ordinance No. 2004-37
Page 3 of 3
ATTACHMENT
"B "
SEMINOLE COUNTY
SUPERVISOR OF ELECTIONS
Michael Ertel - www.voteSeminole.org
RECEIVED
MAR 2 3 2006
CITY OF WINTER SPRiNGS
RECEIVED
MAR 2 4 2006
CITY OF WINTER SPRINGS
OFFICE OF THE CITY CLERK
March 17, 2006
Memo for City Managers:
The Seminole County Supervisor of Elections office is committed to enhancing the voting
experience for our citizens. To that end, we have scheduled five early voting sites for the 2006
election cycle. Current Florida law only allows our office to conduct early voting at our office,
public libraries and city halls.
It is our goal to open at least one and perhaps two more early voting sites for the 2006 cycle.
Hence, we are asking for the opportunity to discuss the possibility of using your city hall as an early
voting site for both the primary and general elections.
There is a rather extensive amount of logistics involved with serving as an early voting site, including
allowing our pollworkers to have early morning access to the polling room, as well as some security
and communications issues. Hence, if you are considering allowing your city hall to serve as an
early voting site, I think it would be best for us to discuss the logistical component before bringing
the issue to your whole commission/council for consideration.
You may contact me on my direct line at 407.708.7712 or email me at Ertel@VoteSeminole.org.
Sincerely,
A!
Michael Ertel
Seminole County Supervisor of Elections
1500 EAST AIRPORT BLVD., SANFORD, FL 32773 HOTLINE: 407.585.VOTE WWW.VOTESEMINOLE.ORG