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HomeMy WebLinkAbout2012 08 09 - CWS Qualifying Packets.pdf®BROWN, 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Via Email Only GARGANESE, WEISS & UAGRESTA, P.A. Andrea Lorenzo-Luaces City Clerk City of Winter Springs 1126 E. State Road 434 Winter Springs, Florida 32708 Allontcyd al Law August 9, 2012 Anthony A. Garganese Board Certified City, County & local Government agarganescoo orlandolaw.nct Re: Preparation of Qualifying Applications for Mayor or City Commission Andrea, This letter is in response to your email dated August 1, 2012. In that email, you inquire whether the City Clerk's office can provide qualifying applications to prospective candidates for the City Commission before the beginning of the qualifying period. Further, if applications can be provided early, can the candidates complete and file the application early. For the reasons expressed below, it is my opinion that the City Clerk can make the qualifying applications available to candidates before the qualifying period begins. Further, if made available by the City Clerk, the candidates can begin completing the application prior to the beginning of the qualifying period. However, qualifying applications must be submitted only during the qualifying period adopted by the City Commission in Section 2-87 of the Winter Springs Code. The applications cannot be filed early or late. Section 100.3605, Florida Statutes provides that the Florida Election Code shall govern the conduct of a municipality's election in the absence of an applicable special act, charter, or ordinance provision. Further, that section 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 which expressly applies to municipalities. Article VIII, section 8.03 of the City Charter provides that the City Commission, by ordinance, shall adopt such election procedures as are necessary. Pursuant to that City Charter provision, the City Commission adopted election procedures set forth in Chapter 2, Article IV of the Winter Ft. Lauderdale (954) 670-1979 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 Website: www.orlandolaw.nct • Email: 6rmCaorlandolaw.net A. Lorenzo-Luaces August 9, 2012 Page -2 — Springs Code ("Winter Springs Election Code"). In accordance with Section 2-81 of the Winter Springs Election Code, the City Clerk is designated the supervisor of elections for the City. As the City's supervisor of elections, the City Clerk is authorized and directed to prepare such forms and perform such ministerial duties as are required by the Winter Springs Election Code. See §2-95, Winter Springs Election Code. Relevant to your questions, Section 2-87 provides that all candidates for Mayor or the City Commission shall file qualifying papers with the City Clerk in accordance with state statutes. In addition, such applications shall be filed during regular business hours any time after 12 noon of the first filing date, which shall be seventy-one (71) calendar days prior to the municipal election, but not later than 12 noon on the sixty-seventh (67) calendar day prior to the municipal election, with minor exception for filing dates falling on a weekend or holiday. See §2-87, Winter Springs Election Code Based on the foregoing, the City Clerk is required to prepare the necessary election forms so candidates seeking the office of Mayor or City Commissioner can timely qualify with your office. As such, it is my opinion that the City Clerk is responsible for having the qualifying applications available to candidates no later than the first day of qualifying. With that said, I am not aware of any applicable law that would require the City Clerk to have, or prohibit the City Clerk from having, the qualifying forms available prior to the first qualifying date set forth in section 2-87. Therefore, it is my opinion the City Clerk can make the qualifying forms available to all prospective candidates prior to the first day of qualifying, provided that you publicly announce that they are available for any interested person to pick-up without any preference given to incumbents or any other person. Once made available by the City Clerk, the candidates are free to pick-up an application and begin completing it as they see fit. With respect to filing the qualifying applications with the City Clerk, Section 2-87 expressly states that the applications "shall be filed during" the qualifying period. Therefore, I am of the opinion that although the qualifying applications can be made available to candidates before the qualifying period, the candidates cannot file them early or late. The qualifying applications must be filed during the qualifying period pursuant to Section 2-87 of the Winter Springs Election Code. If you have any questions, please call me to discuss. 7 ly Anthony A. Garganese City Attorney Cc: City Manager (via email)