HomeMy WebLinkAbout2010 04 01 Other-One-Year Residency Requirement for Candidates to Municipal Offices Date: April 1, 2010
The attached document was distributed to the
Committee Members by City Attorney Anthony A.
Garganese on April 1, 2010 at the Winter Springs Ad Hoc
Charter Review Committee Meeting.
Briefing Memorandum
To: Winter Springs Ad Hoc Charter Review Committee
From: Anthony A. Garganese, City Attorneyâ–º
Date: April 1, 2010
Re: One -Year Residency Requirement for Candidates to Municipal Offices
Issue:
May the City impose a one -year residency requirement for qualification of candidates to elected
municipal office?
Short Answer:
Yes. There is significant legal authority regarding the legality of one -year residency requirements
for qualification of candidates to elected municipal office.
Analysis:
In general, durational residency requirements for candidates to municipal office are
constitutional in Florida provided that the duration of the residency requirement is for one year or
less. For example, in Nichols v. State ex rel. Bolon, the Florida Supreme Court held that a statutory
provision requiring City Commissioners to be freeholder electors of the city for at least one year
immediately preceding their qualifying for office was not beyond the authority of legislature and was
not unreasonable. 177 So.2d 467, 469 (Fla. 1965).
In Daves v. City of Longwood, the Middle District of Florida upheld a statute that imposed
a one -year residency requirement for candidacy to city council. 423 F. Supp. 503, 506 (M.D. Fla.
1976). In holding that the statute was constitutional and did not deny equal protection, the Middle
District of Florida found that the imposition of a reasonable residency requirement as a qualification
for candidacy to a significant office does not interfere with fundamental rights. Id. at 506. As the
Constitution itself adopts certain durational residency requirements for various offices, the statute
should be reviewed by the traditional standard and be upheld if it bears a reasonable relationship to
a legitimate governmental interest. Id. The court found that the residency requirement provided
reasonable assurance that the candidate would be a bona fide resident of the city he sought to
represent, would have been there long enough to know the issues confronting the city, and would be
known by the voters, which are legitimate government objectives. Id.
In Marina v. Leahy, the court upheld a city code's six -month residency requirement for
mayoral candidates. 578 So.2d 382, 384 (Fla. 3d DCA 1991). The court reasoned that "[t]he right
to seek public office is not absolute, and reasonable conditions and restraints may lawfully be
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imposed upon individual candidates for public office in order to protect the integrity of political
processes." Id. Therefore, the court found that a six -month residency requirement as a qualification
for candidacy to public office is a valid means of regulating the election of public officials. Id.
In 2005, the City of Hallandale Beach requested an opinion from the Attorney General as to
whether it could amend its city charter to require a three -year residency requirement for prospective
candidates running for the city commission. Op. Att'y Gen. Fla. 05 -67 (2005). At the time the
question was presented, the city had an eight -month residency requirement for such prospective
candidates. The Attorney General recognized that "[i]n Florida, the Supreme Court has upheld a
durational residency requirement of one year for local elections" citing the Nichols case discussed
above, and also noting the Doves case. However, the Attorney General opined that a three -year
requirement would be "of doubtful validity" in accordance with Florida case law addressing
durational residency requirements of greater than one year.
Lastly, it is worth noting that we considered the case State v. Grassi, 532 So.2d 1055 (Fla.
1988. In Grassi, the Florida Supreme Court considered a statute that required, at the time of
qualifying, a candidate for office of county commissioner be a resident from the district from which
he qualifies. The Court held the statute was unconstitutional because it conflicted with Article 7,
Section 1(e) of the Florida Constitution which only required residency at the time of election. There
is no similar constitutional provision for municipalities. As such, this case is distinguishable from
those upholding a one -year residency requirement for municipal elected office and therefore, not
applicable.
Conclusion:
Based on the foregoing, it is our opinion that the City of Winter Springs'' one -year residency
requirement for qualification of candidates to elected municipal office set forth in section 2 -87, City
Code, is constitutional. While the one year residency is already cross - referenced in the City Charter,
it would be appropriate to insert the one year residency requirement verbatim in the City Charter if
that is the Committee's desire.
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