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HomeMy WebLinkAbout2008 08 11 Public Hearing 502 First Reading of Ordinance 2008-16 Municipal Election Results in Tie Vote COMMISSION AGENDA ITEM 502 Consent Informational Public Hearing Regular x August 11. 2008 Meeting L13--;; ~.r 7 Mgr. / /' Att. / Dept. REQUEST: First Reading of Ordinance 2008-16, which amends the City of Winter Springs' Code of Ordinances, to provide that where a municipal election results in a tie vote the candidates that receive an equal and highest number of votes shall run again in a runoff municipal election to be held no later than 60 days following the initial election. PURPOSE: To modify the city runoff election schedule. Particularly, the City Commission will schedule a runoff election within 60 days following the initial election, in the event any two candidates receive and equal and highest number of votes for the same office in a municipal election. CONSIDERATIONS: 1. The Seminole County Supervisor of Elections informed the City Clerk that the 14 day time period to hold municipal runoff elections, pursuant to section 2-84 of the City Code, is not sufficient time to provide absentee and overseas ballots to city electors. The Supervisor of Elections suggested that the City Code be changed to provide for drawing lots in accordance with section 100.181, Florida Statutes. 2. At the July 14, 2008 City Commission meeting, the City Commission considered the Supervisor of Elections' suggestion, which was set forth in Ordinance 2008-14. 3. Rather than adopt the Ordinance, which would have required drawing lots in future city runoff elections, the City Commission directed the City Attorney to find an alternative way to accommodate the concerns of the Supervisor of Elections. 4. Ordinance 2008-16 provides that alternative by proposing an extended runoff period to accommodate absentee and overseas city electors, who may wish to cast a ballot in the runoff Page 1 of 2 election. 5. The Supervisor of Elections informed the City Attorney's Office that holding the runoff election within 60 days of the initial election would be a sufficient period of time to collect ballots from absentee and overseas city electors. 3. Pursuant to the proposed Ordinance, the City Commission would schedule the exact date in which the runoff election would be held, within the 60 day time period from the initial election. STAFF RECOMMENDATION: The City Attorney recommends that the City Commission pass Ordinance 2008-16 on the First Reading and advertise said Ordinance for Second Reading and adoption at the next regular City Commission meeting. ATTACHMENT: Ordinance 2008-16 COMMISSION ACTION: 1. On July 14, 2008, the City Commission directed the City Attorney to evaluate this issue and propose an alternative solution. Page 2 of 2 _.-- ORDINANCE NO. 2008-16 A ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 2, ARTICLE IV OF THE CITY CODE, RELATED TO THE DETERMINATION OF PERSONS ELECTED; PROVIDING THAT WHERE A MUNICIPAL ELECTION RESULTS IN A TIE VOTE THE CANDIDATES THAT RECEIVE AN EQUAL AND IDGHESTNUMBER OF VOTES SHALL RUN AGAIN IN A RUNOFF MUNICIPAL ELECTION TO BE HELD NO LATER THAN 60 DAYS FOLLOWING THE ELECTION THAT RESULTED IN THE TIE VOTE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under ~ 2(b), Art. VITI of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Code currently requires a run-off election where two (2) or more candidates for anyone (1) office receive an equal and highest number of votes cast in the municipal election for the same office; and WHEREAS, the City Code currently requires the run-off election be held fourteen (14) days after the initial election; and WHEREAS, the Supervisor of Elections for Seminole County has advised the City that fourteen (14) days is not an adequate period of time to collect ballots from absentee and overseas electors; and WHEREAS, the City desires to amend the City Code to allow for an adequate time period for run-off elections to ensure that all eligible electors are provided the opportunity to participate in run-off elections; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER City of Winter Springs Ordinance No. 2008-16 Page 1 of3 --.- SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code Chapter 2 is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (***) indicate a deletion from the Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): CHAPTER 2 ADMINISTRATION *** ARTICLE IV. ELECTIONS *** Sec. 2-84. Determination of person elected. The person receiving the highest number of votes cast for one (1) office is elected to the office. If there should be more than two (2) candidates for anyone (1) office, and two (2) candidates receive an equal and highest number of votes cast in the municipal election for the same office, then the two (2) candidates receiving an equal and highest number of votes cast shall run again in a runoff municipal election. As scheduled by the City Commission. tThe runoff election shall be held rot111ccn (14) day 1) after no l~ter than sixty (60) days following: the initial election and the candidate receiving the majority of the votes cast at such runoff election shall be elected. *** Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. City of Winter Springs Ordinance No. 2008-16 Page 2 of3 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2008. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONYA.GARGANESE City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2008-16 Page 3 of3 --"-