Loading...
HomeMy WebLinkAboutOrdinance 132 Election Procedures ORDINANCE NO. 132 ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA ESTABLISHING ELECTION PROCEDURES FOR MUNICIPAL ELECTIONS; DESIGNATING THE CLERK OF THE CITY AS ELECTIONS SUPERVISOR; ESTAB- LISHING QUALIFICATIONS FOR CANDIDATES OF OFFICES; REPEALING SECTIONS 2-37, 2-38, 2-39, and 2-40 OF THE CODE OF ORDINANCES OF THE CITY; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS in passage of Ordinance No. 95, the City of Winter Springs, Florida, the City Code created by said Ordinance inadvertently repealed Sections of City Ordinance No. 79 which adopted the State Election Laws for the conducting of municipal elections; and WHEREAS, the City Council of the City of Winter Springs, Florida feels that it is in the best interest of the citizens of Winter Springs to have established formal procedures for conduct- ing municipal elections; and WHEREAS, the Council of the City of Winter Springs in order to accomplish the same must repeal Sections 2-37 through 2-40 of the Code of Ordinances of the City of Winter Springs and hereby establishing Sections 2-26 through 2-44 to be placed in Article III of the Code of Ordinances of Winter Springs, Florida; NOW THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: Section 1. Short Title. This Ordinance shall be known and may be cited as the ELECTION CODE OF THE CITY OF WINTER SPRINGS, FLORIDA, and the City of Winter Springs, by passage of this Ordinance, hereby repeals Sections 2-37 through 2-40 of Article III of the Code of Ordinances of the City of Winter Springs and hereby in their place substitutes, passes and adopts new sections 2-26 through 2-44 to be placed in Article III of the Code of Ordinances as follows: Section 2-26. Qualification for Elective Office. Any qualified voters of the city, who have been resi- dents of the city preceding the date of qualification and are registered to vote in the city, are qualified to be members of the City Councilor Mayor and may be candidates for such offices. Section 2-27. Election Supervisor. That the City Clerk of the City of Winter Springs, is hereby designated the supervisor of elections for the City of Winter Springs, Florida. Section 2-28. Time of Holding. Municipal elections shall be held on the first TUESDAY following the first MONDAY in the month of DECEMBER of each year. Section 2-29. Proclamation. The Mayor shall issue a proclamation calling the municipal elections provided for in this code and at least sixty (60) days prior thereto. The proclamation shall be published in a newspaper of general circu- lation in this City once each week for four (4) consecutive weeks prior to the municipal election. Section 2-30. Municipal Elections to be General Elections Municipal elections held as provided in this Code shall be general municipal elections and no other municipal primary or general election shall be necessary. The successful candidates determined as provided in this Code shall be the duly elected officers for their respective offices and shall take office on the first Monday after the first day of January next succeeding the election. Section 2-31. Determination of Person Elected. The person receiving the highest number of votes cast for one office is elected to the office. If there should be more than two candidates for anyone office and two candidates receive an equal and highest number of votes cast in the municipal election for the same office, then the two candidates receiving an equal and highest number of votes cast shall run again in a run-off muni- cipal election. The run-off election shall be held fourteen (14) days after the initial election and the candidate receiving the majority of the votes cast at such run-off election shall be elected. Section 2-32. Election Boards. The Mayor shall appoint an election board for the municipal elections herein provided for. The names of such election board shall be included in the -2- proclamation for the holding of the municipal elections. The Mayor shall fill any vacancy in the election board by appointment. The compensation of such boards shall be set by the City Council. The duties and responsibilities of the election board shall be those as stated in Florida Statutes, Chapter 102, for State Offices. Section 2-33. Nonpartisanship Required. Municipal elections shall be nonpartisan and all officers shall be elected without reference to their political faith or party affiliations. Section 2-34. Qualification of Candidates. Each candidate seeking the office of City Councilman or Mayor or any other elective office of the City shall file a petition signed by ten (10) registered voters of the City with the City Clerk. All candidates for office in municipal elections shall be regi- stered and qualified electors of the City at the time of their qualifying as a candidate with the City Clerk by filing an appli- cation designating the office for which he is a candidate and paying the qualifying fee provided for in the following section. Such application shall be filed and the qualifying fee paid between the 1st day of October and the 15th day of October, during which the office shall be open for qualifying for election. Section 2-35. Qualifying Fees. All candidates for City Councilman and for Mayor, qualifying as provided in this Code shall pay a qualifying fee of $10.00. The qualifying fee shall be paid to the City Clerk and be paid by the Clerk into the general fund of the City. Section 2-36. Registration of Voters. Voters in a municipal election shall be registered in the manner provided for by the General Laws of Florida as set out in Florida Statutes Chapters 97 and 98. All voters residing within the municipal limits of the City of Winter Springs and registered by the super- visor of elections to vote in Seminole County, shall be eligible to vote in all municipal elections. Section 2-37. Wards and Precincts. The City is to be considered as one ward and one precinct for the purpose of -3- municipal elections. The City Clerk and supervisor of registra- tion shall make proper arrangements for qualified voters residing within the City limits to vote in the municipal elections. Section 2-38. Voting Places. Voting places for muni- cipal elections shall be designated by the City Council. The location of the voting places shall be included in the Mayor's proclamation called for by Section 5 above. In the event there should be a run-off election, the same voting places shall be used for this election. Section 2-39. Voting Machines. Voting machines shall be used for voting in the municipal elections provided for in this Code in the same manner as such machines are used for voting in state and county primaries. The City Clerk is authorized and directed to represent the City in inspecting voting machines before they are locked. The City Clerk is further authorized and directed to prepare and have printed and available for the con- duct of municipal elections proper ballots to be inserted in the voting machines and proper identifying slips to be signed by voters who participate in the election. The City Clerk is authori- zed and directed to prepare a form of certificate of returns for all elections. Section 2-40. Absentee Voting. Absentee voting in the municipal elections provided for in this Code shall be permitted and governed by Sections 101.62 through 101.70 of the General Statutes of Florida. The term "absent elector" shall mean any registered and qualified elector, who, due to physical disability, is unable, without another's assistance, to attend the polls, or any qualified elector wherever he may be, except persons confined in prison or jail, so long as he will not be in Seminole County during the hours the polls are open for voting on the day of any election. Such person may cast an absentee ballot upon compliance with the absentee election provision of this section. Section 2-41. Canvass of Return. Returns shall be canvassed by the City Canvassing Board to canvass the returns in municipal aections. Such City Canvassing Board shall consist of the City Clerk and two members of the City Council to be desi- -4- gnated by the Council. The Canvassing Board shall canvass the returns and issue their certificate in the same manner as the County Canvassing Board meets to canvass returns in the state and county primaries, pursuant to Chapters 101 and 102 of the Florida Statutes, and issue its certificate of election to the successful candidate. The certificate of the Canvassing Board shall be issued in triplicate; one copy to be deposited with the City Clerk, one copy shall be delivered to the City Council and one copy shall be posted on the public bulletin board in the City Hall. Such certificate shall be recorded in the minutes of any meeting of the City Council held immediately following the filing of the certificate. Section 2-42. Applicability of Code to Election Where questions are Submitted. At all elections at which any question is submitted to the electors, including bond issues, this Code shall apply to the extent that it can be made applicable and is not preempted by the General Election Laws of the State of Florida. Section 2-43. Additional Duties of City Clerk. The City clerk is authorized and directed to have prepared such forms and perform such ministerial duties as are required by this Code by necessary implication h order to accomplish the objective of this Code, and the intent of the City Council in adopting it. Section 2-44. Offenses. Any person who shall register or vote who is not lawfully qualified to do so, or shall other- wise vote illegally,or who shall prevent any qualified person from voting, or who shall substitute an illegal ballot for a legal one, or forge any registration record, registration certi- ficate or report in any election, or who, being an election officer or official of the City, shall fail to count any legal ballot as it was cast, or count any ballot known to be illegal, or shall permit any person to vote or register, knowing him to be disqualified, or shall make or promulgate any false certi- ficate or canvass of any election, or shall otherwise do any act which is intended to prevent a full, true and correct copy of -5- the true expression of all the persons who are qualified to vote and have attempted to exercise their right to vote, or who shall violate any other provisions of this Code shall, upon conviction be subject to a fine of $500.00 or incarceration for 60 days, or both. Section 2. Severability. All ordinances or parts of ordinances in conflict hereqith are hereby repealed and hence forth shall be held as null and void. Section 3. Effective Date. This ordinance shall take effect immediately upon its adoption and final passage. PASSED AND ADOPTED this 3 day of May, 1976. FIRST READING April 19, 1976 SECOND READING: May 3, 1976 CITY OF WINTER SPRINGS, FLORIDA BY: Troy J. Piland ATTEST: Mary T. Norton CITY CLERK -6- CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: NOTICE IS HEREBY given by the City Council of the City of Winter Springs, Florida, that said City Council will hold a Public Hearing at 7:30 p.m., or as soon thereafter as possible on Monday, April 19, 1976, to consider adoption of an ordinance by the City of Winter Springs, Florida, title of which is as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING ELECTION PROCEDURES FOR MUNICIPAL ELECTIONS; DESIGNATING THE CLERK OF THE CITY AS ELECTIONS SUPERVISOR; ESTAB- LISHING QUALIFICATIONS FOR CANDIDATES OF OFFICES; REPEALING SECTIONS 2-37, 2-38, 2-39, and 2-40 OF THE CODE OF ORDINANCES OF THE CITY; SEVERABILITY AND EFFECTIVE DATE. A copy of said Ordinance shall be available at the Office of the City Clerk of the City of Winter Springs, Florida, for all persons desiring to examine same. ALL INTERESTED PARTIES ARE INVITED to attend and be heard. THIS NOTICE is to be published in The Evening Herald, a newspaper of general circulation in said City, one (1) time at least fifteen (15) days prior to the time of the Public Hearing. DATED this 1st day of April, 1976. CITY OF WINTER SPRINGS, FLORIDA. BY: Mary . Norton, City Clerk GARY E. MASSEY, ESQUIRE City Attorney City of Winter Springs, Florida r~'~"""'~"C. F o It ';1 I & I A T "1 o ',,',..,. . '~n. , t~ c.':' /';""""'''<~.;-",,~,' :'-";':;0,:", ;-7: ,.,.. , ;,-.-.-F:""'77:"',"""""'C"-"v_ ' ", ..,,"/_.. " , ,.."'".... BROCK, MASSEY Be WALDEN ATTORNEYS AND COU~SELORS AT LAw SUITE 102, S...O""" BUlLDurG 616 EAST S."OaAN BOULllvAJID ALTAMONTE SPRINGS, FLORIDA 32701 NBWMAN D, BROCK OAllY B. MASS BY 'PRANILIN T, WALDBN April 1, 1976 TBLBPHONE (30Gl'834-6W The Evening Herald 300 North Preach Avenu.e Sanford, Florida 32171 ... ~ City of Winter Sprina., Florida Rotiee of Pub lie Hearing 'Dear Sirs: Inclosed 1s . copy of Notice of Public Bearmg to be publiahed as a legal advertisement tn the Evening Herald .s soon .. poasible after receipt, and in no event later than fifteen (IS) cla,.. prior to April 19, 1976. Please forward your proof of publication and atatement to Mrs. Mary T. Norton, City Clerk of Winter Spring.. Florida. Thank you for your cooperation in this _tter. Yours truly, Gary E. Mas.ey City AttO'l"D." City of Winter Springs, Fla. \" , GEM: kgt lDel_ure ee: Mary T. RortOD, City Clerk Evening Hetald An Independent Newspaper SANFORD, SEMINOLE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF SEMINOLE Before the undersigned authority personally appeared.........,................. Ruth Rowley s . . , . . . , . . . . . . . . . , . . . . . . . . , . . , . . , . . . . , . . . . . . . . , . . , . , . . . . , . . . who on oath says that he IS .. ..C?r.:f.~y.E?..r:1.f!.qt:!-g~.~............ ..of the EVENING HERALD, a Newspaper Pub- lished at Sanford, in Seminole County, Florida; that the attached copy of advertise- ment, bein.,g a. ... ,~~,g.f!. ~ . . . . . . , , . , , . , , . . . , . . . , . . . , . , , . . , , . . , '. ' . . . in the matter of Pub11c Hearing re: Ordinance to estab11sh .., ,::ne.ct.ion .P.:roe-edl.:lr>e-s.......,..""",."....................,.....,..... . , , , , ' , , , , . , . , . . . . . . , , . , . , . , . , . . . . , , . . . . . , . , , , ' , . . ' . . . , . . in the. . , .q ~F ,~~,i t, , ,Court, was published in said newspaper in the issues of. . . , , , . . . . . . , . . , , , , . . , , . . . . , . . , , , . . . . April 6, 1976 ..................................................................................... . Affiant further says that the said EVENING HERALD is a newspaper published by The Sanford Herald, Inc., at Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole Count~ Florida, and has been entered as second class mail matter at the post office in Sanford, in said Seminole County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 6th ,~~~j;~~,;;~~~R~?'HR~ .,.,.........,....,.".,',.,~,.....,..... (SEAL) Notary Public Notary Public, State of Florida at Large. My Commission Expires June 18" 1979 ~. ,CITY~F f'h.-~? wtlfT'"'...'NG',-,, II' ...~t.L:..~:~H4 _ fTO WHOM IT MAVcOWCERN: NOTIC!! IS H.JllE8V UlYen bY the City Council oftne City ,of WInter Springs, Florida" that,...id City laf;~~~ , the City Of WlrltlIrSprlngs,Florlda, title of which If"d fOllOwl: AN ORDINANCE OF TNEi CITV Qf;~INTER SPRINGS, FL.ORIDA, E!S'TABLlSHING ELECTioN I PROCEDURES FOR MUNICIPAL ELECTIONS; I:)ESIGNATING THE , CL.ERK OF THE CIT.vA$ILEC. TlpeNS S U PERV'SO R; eM8LISR'HrG "Ql1ltIFI. CAnoNS FOItc:ANOIDATES OF ' OFFfCES; REPEALING SECT. TlONS 2.37, 2.31, 2.39, and 2-<<1 OF THE CODE OF ORDINANCES OF THe CITY; SEVI;RA81LITYANO EFFECTIVE PATE. A copy of said Ordinance Shall be ava liable at t/le Office of tile City Clerk Of the c...... of Winter Springs, ,Florldi, for.'-lLpenons desiring to examine ....,. ALL IN~r$TED PARTIES ARE INVI., . .1\.0 attend and, be heanl. ','" THIS NOTICE. is to be publiShed In The Evening Herald, a newspiper of general circulatIon In said City, one (1) time at ,I.t fifteen (15) days prior to the time of the Public Hearing. DATED this 1st clay of, April, i976. City of Winter Springs, Florida. By: S: Mary T. Norton City Clerk GARYE. MASSEY, ESQUIRE City Attorney Cltv of Winter Springs, Flol'lda , Publish: Apr/lt-1976 DEY.31 '