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HomeMy WebLinkAbout2004 08 23 Public Hearings 402 COMMISSION AGENDA ITEM 402 Consent Informational Public Hearing X Regular August 23.2004 Meeting l Mgr. / REQUEST: The City Attorney presents to the City Commission approve on second and final reading Ordinance 2004-37 which shall amend Chapter 2, Article IV, of the City Code, creating a new section 2-96, exempting the City from the newly-enacted early voting requirements of Florida Statutes. PURPOSE: The purpose of this ordinance is to legislatively exempt the City from having to provide early voting to its electors so that the City may avoid the additional financial burden associated with providing early voting. APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Home Rule Powers Act. 2. Chapter 2004-252, Law of Florida, amended section 101.657, Florida Statutes, to require supervisors of elections to provide early voting starting 15 days prior to a regularly scheduled election and ending the day before the election. 3. Section 100.3605, Florida Statutes, provides that no "charter or ordinance provision shall be adopted which conflicts with or exempts a municipality from any provision in the Florida Election Code that expressly applies to municipalities." Page 1 of 2 4. Chapter 2, Administration, Article IV, Elections. 5. Informal opinion to City Attorney dated July 23,2004, authorizing municipalities to opt out of the early voting requirements. CONSIDERATIONS: 1. For municipal elections, the City Clerk is considered the Supervisor of Elections. Thus, when a municipal election is scheduled but there is no concurrent county election, under amended section 101.657, the City Clerk's office must provide for early voting. 2. The City Clerk would have to organize and provide for early voting for the City's electors starting 15 days prior to an election and ending the day before the election. Early voting must take place at a main or branch office of the Supervisor (City Clerk) and such location must have been designated as such at least one year prior to the election. Public libraries or city halls are appropriate locations for early voting. Additionally, early voting must be available at least eight hours per weekday and for eight hours total per weekend during the early voting period. 3. Providing early voting would impose additional financial and staffing burdens on the City and the office of the City Clerk. However, from a practical standpoint, this may not occur very often because municipal elections for Mayor and City Commissioners occur during Florida gubernatorial and presidential election years. 4. If it chooses to opt out, the City may contract with the Seminole County Supervisor of Elections to provide early voting for the municipal ballot. 5. If the City does not adopt the ordinance, and instead chooses to provide early voting for every election, the provisions of section 101.657 must be strictly adhered to. STAFF RECOMMENDATION: The City Attorney recommends that Ordinance No. 2004-37 be approved on second and final reading. ATTACHMENT: Ordinance No. 2004-37. COMMISSION ACTION: Page 2 of 2 .f "- 4 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 "EARL Y 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 vm, 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 ofthe City to opt out ofthe 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 of the 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 stI ikcout 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 of3 t f i CHAPTER 2. ADMINISTRATION * * * ARTICLE IV. ELECTIONS *** Sec. 2-96. Early V otine 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 yoting 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 pursu~t to the City Charter. ADOPTED by the City Commission of the City of Winter Sp'nngs, .Florida; in a regular meeting assembled on tbe 23rd day of Au us t .. :~~. F. BUSH ATTEST: City of Winter Springs Ordinance No. 2004-37 Page 2 of3 " f#' t s to legal form and sufficiency for ter Springs only: 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 of3