HomeMy WebLinkAbout1975 12 24 Special
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STATE OF FLORIDA
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THE CAPITOL
TALLAHASSEE 32304
BRUCE A. SMATHERS
SECRETARY OF STATE
MRS. DOROTHY W. GLISSON, DIRECTOR
DIVISION OF ELECTIONS
(904) 483-7690
December 30, 1975
Gary Massey, Esquire
Attorney at Law
Suite 102
616 East Semoran
Altamonte Springs, Florida
Dear Mr. Massey:
Your inquiry has been received with reference to
municipalities adopting the state election laws for the
conduct of their elections.
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We respectfully refer you to Section 104.45, Florida
Statutes, which provides -
"Upon presentation of a petition signed
by twenty-five qualified electors in a
municipality, a municipality may upon
official approval by the governing
authority under the charter, adopt the
state election laws for conducting a
municipal election. In such event the
words "city clerk or appropriate official"
are inserted wherever the words "supervisor
of elections" appear."
Municipalities which have not adopted the state election
laws generally hold their elections in accordance with the
municipal charter and ordinances.
Elections are one of the most important parts of govern-
ment and in the absence ofa charter or ordinance provision
for holding elections, and where a municipality has not adopted
the Florida Election Laws, it would appear to us that you should
be guided by some formality, such as the general election laws
to insure sanctity of the ballot and the holding of elections
in an orderly manner.
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Gary Massey, Esquire
December 30, 1975
Page Two
A determination as to the validity of an election
is a matter for a court of competent jurisdiction and the
courts have on more than one occasion held that in the
absence of a fraud, an election should not be set aside
because of the failure of an election official to properly
perform his duties.
See Gough et.al. v. State ex reI. Sauls et.al., a
copy of which is attached.
These comments should not be construed as passing on
the validity of an election and are only offered in an
effort to be of assistance.
With kind regards, I remain
,
Cordially,
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. Glisson
of Elections
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Enclosure