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HomeMy WebLinkAboutVI (B1) Ordinance No. 92-17, relating to 1992 Election Procedures f AGENDA 7-07-92 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE I_bem VI B 1 ()Ocoee L1;5Ik,K uADon,JCITY OF OCOEE RUSTY COMMISSIONERS 150 N.LAKESHORE DRIVE PAUL W.FOSTER OCOEE FLORIDA 34761 (407)656-2322 VERN COMBS 44 SAM WOODSON CITY MANAGER ELLIS SHAPIRO MEMORANDUM TO: The Honorable Mayor and Board of City Commissioners FROM: Marian Green, Acting City ClerkV DATE: June 30, 1992 RE: REGULAR MUNICIPAL ELECTION Article VII of the Ocoee City Code addresses the subject of Nominations and Elections. Section 6 thereof specifically provides that the City Commission shall by Ordinance provide for the printing of ballots, the conduct of elections, including absentee procedures and the canvass of returns. The City Commission is also required to designate the place of polling for all City elections and to give notice of all City elections in accordance with the laws of Florida. In order to establish an orderly procedure for the conduct of the upcoming regular Municipal Election and the runoff election, if any, it is respectfully recommended that the City Commission enact the proposed Ordinance attached to this memorandum. The proposed Ordinance calls for the regular Municipal Election to be held on November 3, 1992. The Charter requires that a runoff election, if any, be held at least 7 days and no more than 30 days following the regular Municipal Election. The proposed Ordinance calls for the runoff election, if any, to be held on November 17, 1992. The proposed Ordinance reflects the change to single member districts. The Charter also establishes a Canvassing Board and provides it will consist of the Mayor and the two City Commissioners who are not up for election. The proposed Ordinance designates Mayor Lester Dabbs, Jr. , Commissioner Paul W. Foster and Commissioner Sam Woodson as members of the Canvassing Board. The proposed Ordinance also establishes the date upon which the registration books for the Municipal Election shall close. The proposed Ordinance also provides that notice of the general election shall be published twice. Except as set forth in this paragraph, the proposed Ordinance calls for the Florida Statutes to govern the election in the same manner that State and County Elections are governed, except that the City Clerk is substituted for the County Supervisor of Elections and the Ocoee City Commission is substituted for the Board of County Commissioners. ORDINANCE NO. 92-17 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, PROVIDING FOR A REGULAR MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 1992, AND A RUN-OFF SPECIAL ELECTION, IF NECESSARY, TO BE HELD ON NOVEMBER 17, 1992; PROVIDING FOR THE QUALIFICATION OF CANDIDATES; PROVIDING FOR ELECTIONS BOARDS AND CONDUCT OF ELECTIONS; PROVIDING FOR THE REGISTRATION OF VOTERS; PROVIDING FOR THE CANVASS OF RETURNS; PROVIDING FOR VOTING MACHINES; PROVIDING FOR ADDITIONAL DUTIES OF THE CITY CLERK; PROVIDING FOR ABSENTEE BALLOTS; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the term of office for the Mayor is scheduled to expire in November 1992; and WHEREAS, the terms of office for the City Commissioners representing District #1 and District #3 are scheduled to expire in November 1992; and WHEREAS, the Charter of the City of Ocoee calls for a regular municipal election to be held on November 3, 1992 in order to elect the successors to the Mayor and City Commissioners representing District #1 and District #3; and WHEREAS, the Charter of the City of Ocoee provides that the City Commission shall by ordinance provide for the printing of ballots, the conduct of elections, including absentee procedures, and the canvass of returns; NOW, THEREFORE BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA AS FOLLOWS: Section 1. Regular Municipal Election Dates and Qualification of Candidates. The recitals hereinabove stated shall be considered as evidencing the intention of City Commission, as well as the objective to be accomplished in adopting this Ordinance. This Ordinance shall be construed as governing the Regular Municipal Election for November 3, 1992, and any required Run-Off Election resulting therefrom. An election shall be held on Tuesday, November 3, 1992, the purpose of which shall be to elect for a two (2) year term (i) a Mayor, (ii) a City Commissioner to represent District #1, and (iii) a City Commissioner to represent District #3, such terms of office to end as provided in Section 2 of Article VII of the Ocoee City Charter upon their respective successor's being sworn into taking office. In the event a run-off election is required, as provided in Section 3 of Article VII of the Charter of the City of Ocoee, for the office of Mayor or for City Commissioner to Districts #1 or #3, then, in such event, a run-off election for such office(s) shall be held on Tuesday, November 17, 1992, and the candidate receiving the majority of the votes cast at such run-off election shall be elected. Candidates for the office of Mayor or City Commissioner to Districts #1 or #3, as hereinabove described, shall qualify and be qualified as provided by the Laws of Florida and the Charter and ordinances of the City of Ocoee including but not limited to City of Ocoee Ordinance No. 92-12. Page 2 Ordinance No. 92-17 Section 2. Election Boards and Conduct of Elections. The election boards, clerks, inspectors, and voting places that have been or will be designated, provided and appointed by the Supervisor of Elections of Orange County, Florida for voting precincts within the City of Ocoee are hereby designated, provided and appointed as the election boards, clerks, inspectors and voting places for the regular municipal election and run-off election, if any. The regular municipal election and run-off election, if any, shall be conducted in accordance with the Ocoee City Charter, the Code of Ordinances of the City of Ocoee and the laws of the State of Florida. Where any questions shall arise which are not settled by Acts of the Legislature particularly applicable to the City or by the Ocoee City Charter, the Code of Ordinances of the City of Ocoee, or this Ordinance, then in such event the Florida Statutes and particularly the Florida Statutes governing elections applying to like situations involving state and county elections shall govern, so far as the same may be applicable. In the application of such general laws, the City Clerk shall be substituted in lieu of the County Supervisor of Elections and the City Commission shall be substituted in lieu of the Board of County Commissioners whenever such substitution would give sense and meaning to such statutes insofar as the same would otherwise be applicable to municipal elections. The General Laws of Florida shall be particularly applicable and controlling as to the handling of the City election, issuance of necessary certificates, assisting voters and similar responsibilities of the precinct boards of elections. Section 3. Registration of Voters. Only the electors of the City of Ocoee residing within the City limits of the City who have registered as such electors at the Office of the Supervisor of Elections of Orange County, Florida, or who will have registered on or before October 5, 1992 at 5:00 p.m. with respect to Regular Municipal Election and on or before October 19, 1992 at 5:00 p.m. with respect to any Run-Off Municipal Election shall be entitled to vote at such Regular Municipal Election or Run-Off Municipal Election, respectively. Section 4. Canvass of Returns. Returns shall be canvassed in the manner provided for the canvassing of returns of state and county general elections to the extent that the same are applicable and appropriate to the canvassing of returns for the elections provided for in this Ordinance; provided, that in lieu of the county canvassing board provided for in applicable state laws, there shall be a City Canvassing Board to canvass the returns in the municipal elections, as provided in Section 7 of Article VII of the Ocoee City Charter. The members of the Canvassing Board shall be Mayor Lester Dabbs, Jr. , Commissioner Paul W. Foster and Commissioner Sam Woodson. The Canvassing Board shall meet in accordance with the provisions of the Ocoee City Charter and file its certificate setting forth the results of the canvass with the City Clerk. Section 5. Voting Machines. Voting machines shall be used for voting in the municipal elections provided for in this Ordinance in the same manner as such machines are used for voting in state and county general elections. The City Clerk is authorized to represent the City in whatever pre- election preparation may be necessary to ensure that City candidates are properly placed on the ballot as may be prescribed by Florida Statutes. The City Clerk shall ensure that a form of certificate of returns is completed which shall Page 3 Ordinance No. 92-17 comply substantially with the form of certificate prescribed by Florida Statutes conforming such form to the municipal elections provided for in this Ordinance and shall distribute said certificate as required by Florida Statutes or the Ocoee City Code. Section 6. 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 Ordinance by necessary implication in order to accomplish the objectives of this Ordinance and the intent of the City Commission in adopting it. Section 7. Absentee voting. Absentee voting in the municipal elections provided for in this Ordinance shall be permitted and governed by the provisions of the Florida Statutes governing absentee ballots and such provisions are hereby adopted as a means of providing for absentee voting in the municipal election; provided, that all forms required to be prepared by the City Clerk, and executed in her presence shall be prepared by the City Clerk, but may be deposited by her with the Supervisor of Elections of Orange County and all functions of the City Clerk in connection with the handling of such absentee ballots, including but not limited to the verification of signatures, the handling of applications therefor, the issuance of the ballot and receipt and disposition of ballots, may be handled by the Supervisor of Elections of Orange County; except, that all absentee ballots for voting in the municipal election received by the Supervisor of Elections shall be turned over and delivered to the City Canvassing Board and such ballots shall be canvassed by the City Canvassing Board in the manner prescribed by Florida Statutes. The term "absentee elector" shall mean any qualified elector who is authorized by the Florida Statutes to vote by absentee ballot. Such person may cast an absentee ballot upon compliance with the absent electors provisions of this section. Section 8. Notice of Election. Public notice of the regular municipal election herein provided for shall be published twice by the City Clerk in a newspaper of general circulation in the City of Ocoee. Section 9. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 10. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this _ day of , 1992. APPROVED: Attest: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk Lester Dabbs, Jr. , Mayor Page 4 Ordinance No. 92-17 Advertised July 9 , 1992. Read First Time July 7 , 1992. Read Second Time and Adopted , 1992. For use and reliance only by Approved by the Ocoee City the City of Ocoee, approved Commission at a meeting held as to form and legality on , 1992 this day of , 1992. under agenda item no. FOLEY & LARDNER By: City Attorney