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HomeMy WebLinkAboutOrdinance 93-14 ORDINANCE NO. 93- 14 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, PROVIDING FOR THE APPLICABILITY OF STATE ELECTION LAWS; PROVIDING A DATE FOR A RUN-OFF ELECTION; PROVIDING FOR THE QUALIFICATION OF CANDIDATES; PROVIDING FOR QUALIFICATION FEES AND THE USE OF SUCH FUNDS; PROVIDING FOR THE PREPARATION OF BALLOTS;PROVIDING FOR VACANCY IN CANDIDACY AND IN OFFICE;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 THE ABSENTEE BALLOTS; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR ADDITIONAL DUTIES OF THE CITY CLERK; PROVIDING FOR RETENTION OF ELECTION FILES; PROVIDING FOR THE RENUMBERING OF THE SECTIONS OF ARTICLE II OF CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the ~ C-49 of 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; and WHEREAS, the City commission of the City of Ocoee desires to provide for the printing of ballots, 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 ONE. The City Commission of the City of Ocoee has the authority to adopt this ordinance pursuant to Article VIII of the Constitution of the state of Florida, Chapter 166, Florida statutes and ~ C-49 of the Charter of the city of Ocoee. SECTION TWO. Article I of Chapter 5 of the Code of Ordinances of the City of Ocoee, Florida is hereby repealed in its entirety. SECTION THREE. A new Article I of Chapter 5 of the Code of Ordinances of the City of Ocoee, Florida is hereby adopted as follows: ARTICLE I Section 5-1. Applicability of State Election Laws. The regular municipal election and run-off election, if any, and any special elections 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 Chapter, 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 5-2. Run-Off Election. In the event a run-off election is required pursuant to S C-46(C) of the Ocoee City Charter, such run-off election shall be held on the third Tuesday after the first Monday in November of the year in which the regular municipal election was held. section 5-3. Qualification of Candidates. All candidates for election to office in City government, including an incumbent, shall qualify with the City Clerk by filing, on such form as may be required by the City Clerk, qualification papers designating the office for which the person is a candidate. Such qualification papers shall be accompanied by the qualifying fee provided for in S 5-4 of the City Code. Such qualification papers shall be filed and the qualifying fee paid at any time after 12:00 noon on September 1 of the year in which the election for such 2 office is scheduled, but not later than 12:00 noon on September 15 of the year in which the election for such office is scheduled. Should the last day upon which said qualification papers may be filed fall on a weekend or another day upon which the City Clerk's office is not open for business, then said person must file qualification papers no later than the last day prior to September 15 of the year in which the election for such office is scheduled and on which the City Clerk's office is open for business. section 5-4. Fees. Before registering any candidate for election to office in the City government, the city Clerk shall charge and receive a fee from said person to help defray the ~xpenses of the city election as follows: A. If said person is a candidate for Mayor, the fee shall be one hundred dollars ($100). B. If said person is a candidate for Commissioner, the fee shall be fifty dollars ($50). section 5-5. Use of funds. A. All fees provided for in S 5-4 shall be placed in the general fund to help defray the expenses of holding the election at which the persons paying said fee are candidates. B. The City Manager is hereby authorized to pay from the aforesaid special fund the costs and expenses of holding the election insofar as the funds in said fund are sufficient. section 5-6. Ballots. A. The City Clerk shall have the name of each person who has complied with the foregoing provisions placed upon the ballot of the election for which said registration was made. In addition, to the names pr inted on the ballot, a blank space shall be provided under each heading for an office for which a write- in candidate has qualified. B. No person's name shall be printed on the ballot if that person notifies the City Clerk not less than forty-two (42) days prior to the election that he or she will not accept the office for which he or she qualified. The 3 City Clerk may use his or her discretion and allow a candidate to withdraw after the forty- second day before an election upon receipt of written notice, sworn under oath, that the candidate will not accept the office for which he or she qualified. C. When there is only one candidate qualified for an office, the name of the candidate shall not be printed on the election ballot, and such candidate shall be deemed to have voted for himself or herself and be declared elected to the office. section 5-7. Vacancy in candidacy and in Office. In the event that there shall be a vacancy in candidacy for an elected office caused by death, withdrawal or removal from the ballot of a qualified candidate for an elected office following the end of the qualifying period which leaves fewer than two (2) candidates for such office, then the following procedures shall apply: A. The unopposed candidate shall be deemed to have voted for himself or herself and shall be elected to the office for which such candidate has qualified. No election shall be held for such office and no ballots for the office shall be counted. B. Qualifying shall not be reopened to permit candidacy for such office; however, in the event that the death, withdrawal or removal from the ballot of a qualified candidate (s) results in no qualified candidate remaining on the ballot for such elected office, qualifying shall be reopened and a special election shall be held for such office. section 5-8. 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, and any special elections. 4 section 5-9. 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 at least thirty (30) days prior to the municipal election or any run- off election or any special election shall be entitled to vote at such municipal election or run-off municipal election or special election, respectively. Section 5-10. 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 Chapter; 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 ~ C-50 of the Ocoee City Charter. 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 5-11. Voting Machines. voting machines shall be used for voting in the municipal elections provided for in this Chapter 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 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 comply substantially with the form of certificate prescribed by Florida Statutes conforming such form to the municipal elections provided for in this Chapter and shall distribute said certificate as required by Florida Statutes or the Ocoee City Code. section 5-12. Absentee Voting. A. 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. 5 B. Absentee voting in the municipal elections provided for in this Chapter 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. section 5-13. Notice of Election. During the thirty (30) days prior to the beginning of the period for qualification as set forth in S 5-3 of the City Code, public notice of a municipal election shall be published twice by the City Clerk in a newspaper of general circulation in the city of Ocoee, and such public notice shall be conspicuously posted in City Hall. The public notice shall specify the elective offices to be filled, the date that qualification for such office opens and closes, the qualifying fee, the time and place(s) of such election, and such other information as may be deemed appropriate by the City Clerk. Section 5-14. 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 Chapter by necessary implication in order to accomplish the objectives of this Ordinance and the intent of the City commission in adopting it. section 5-15. Retention of Election Files. At the conclusion of each election, the City Clerk shall retain all election files as provided by law. 6 SECTION FOUR. section 5-6 of Article II of Chapter 5 of the Code of Ordinances of the City of Ocoee is hereby renumbered as section 5-20 of Article II of Chapter 5 of the Code of Ordinances of the City of Ocoee. SECTION FIVE. section 5-7 of Article II of Chapter 5 of the Code of Ordinances of the City of Ocoee is hereby renumbered as section 5-21 of Article II of Chapter 5 of the Code of Ordinances of the City of Ocoee. SECTION SIX. section 5-8 of Article II of Chapter 5 of the Code of Ordinances of the city of Ocoee is hereby renumbered as section 5-22 of Article II of Chapter 5 of the Code of Ordinances of the city of Ocoee. SECTION SEVEN. section 5-9 of Article II of Chapter 5 of the Code of Ordinances of the City of Ocoee is hereby renumbered as section 5-23 of Article II of Chapter 5 of the Code of Ordinances of the city of Ocoee. SECTION EIGHT. section 5-10 of Article II of Chapter 5 of the Code of Ordinances of the City of Ocoee is hereby renumbered as section 5-24 of Article II of Chapter 5 of the Code of Ordinances of the City of Ocoee. SECTION NINE. 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 hereby. 7 SECTION TEN. Codification. It is the intention of the City Commission of the City of Ocoee that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Ocoee; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "article", "section" or other such appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction or typographical errors which do not effect the intent may be authorized by the City Manager, without need for public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION ELEVEN. Effective Date. This ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ,.,101 day of _.Jilur ' 1993. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA (SEAL) ADVERTISED July 8 , 1993 READ FIRST TIME July 6 , 1993 READ SECOND TIME AND ADOPTED ,Ji(L~}.j) ,1993, UNDER A ENDA ITEM NO. ~ ~ 8 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA AP~ROVE?,~AS TO FORM~.~ LEGALITY thls ~VJ..O day of ~lJ I 1993. FOLEY Ii ir"DNER By: ~J( ~ Paul E. Rosenthal city Attorney C:IWP51 IDOCSIOCOEIORDIN .SWZ 16/30/93: 18S0081 SWZ:jed 9