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HomeMy WebLinkAbout06-20-2008 Election 08 Inquiry - AddendumPage 1 of)rl Andrea Lorenzo-luaces From: Kate Latorre [klatorre@orlandolaw.net] Sent: Friday, June 20, 2008 3:14 PM To: Andrea Lorenzo-luaces Subject: RE: Election 08 Inquiry - Addendum Attachments: Kate Latorre.vcf Andrea: You are correct that section 99.061, F.S. does not apply to municipalities. Further, no state statute specifically addresses municipal qualification. Thus: 1. The 14-day period (in s. 99.061(8)) prior to qualifying periods during which completed qualifying packets may be accepted is irrelevant and not applicable to the City. (I'm not sure what the purpose is, except maybe to provide prospective candidates some flexibility regarding when they can submit their packets). 2. You should rely strictly on the City Code with regard to accepting completed qualification packets. Section 2-87 provides that qualifying papers "shall be filed and the qualifying fee paid during regular business hours any time after 12:00 noon on the first filing date, which shall be seventy-one (71) calendar days prior to the municipal election, but not later than 12:00 noon on the sixty-seventh (67) calendar day prior to the municipal election." Given the express direction is the City Code that qualifying papers be filed on those certain days, I recommend against accepting qualifying papers any earlier. Notwithstanding the required filing dates, I don't see problem with your office establishing a reasonable date on which qualifying papers will be made available to candidates. In fact, it would almost seem unreasonable not to make them available earlier than the qualifying period given that prospective candidates are required to obtain signatures from registered voters. I hope this email sufficiently responds to your questions. As the general election approaches, please feel free to seek further clarification on any election issues you're addressing. Have a nice weekend, Kate . ........ Katherine W. Latorre, Esq. 111 N. Orange Avenue, Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 6/20/2008