HomeMy WebLinkAbout03-22-2005 Informal Opinion: Opt-Out Provision for Municipal ElectionsFAX NO. :4075718123
Mar. 31 2005 08:55AM P3
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22 March 2005
Via Facsimile and U.S. Mail
FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF F.LECl'IONS
Patsy Wain.right, CMC, City Clerk
City of Altamonte Springs
225 Ncwburyport Avenue
Altamonte Springs, Florida 32701-3697
Re: Informal Opinion: Opt -Out Provision for Municipal Elections
Dear Ms. Wainright:
You have requested an informal opinion for guidance from the Division of Elections on whether
a municipality can opt out of early voting as provided in section 101.657, Florida Statutes. The
short answer is yes if the municipality opts out by virtue of a special act, charter or ordinance
provision.
Since 1995, the Florida Elections Code (Chapters 97 through 106, Florida. Statutes) has applied to
municipal elections. See section 100.3605, Florida Statutes; Chapter 95-178, laws of Florida; DE
03-01. However, under section 100.3605, Florida Statutes, a municipality can "opt out" of
certain provisions of the elections code by virtue of a special act, charter or ordinance provision.
A municipality can not "opt out" if the statutory provision expressly applies to municipalities
(for example, a municipality could not opt out of section 100.361, Florida Statutes, because it
expressly applies to municipal recalLS).
In conclusion, a municipality can "opt out" of the early voting provision in section *101.657,
Florida Statutes, because it is applicable generally to all elections. (n order to "opt out" the
municipality must enact a special act, charter or ordinance. In opting out, the municipality can
choose to offer its own variation of early voting or choose not to offer, earl), voting at all. If the
municipality does nut opt out, the municipality must comply with all of the statutory
requirements- for early voting under section'l01.657, Florida Statutes.
I hope this clarifies matters for you.
Ices ly _...... .__.._._..__,...
M M e s
Assista t General Counsel
'1'hc 1LA, Gray Building, Room 316 • 500 South Bronough Street • 'Tallahassee, P lorida 32399.0250 • (850) 245-(i240
FAX: (950) 245-0264 • WWW AddrrxN: litkp:!/www.dur.ylwl.e.11.uet • r-Mail: rhvrl (eNinns(4!day.Ala iaJI.U.S