HomeMy WebLinkAboutItem #11 Second Reading of Ordinance Modifying the City’s General Municipal Election Dates to Coincide with the Presidential Preference Primary Date on March 15, 2016�\\
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AGENDA ITEM COVER SHEET
Meeting Date: June 16, 2015
Item # t,
Reviewed By:
Contact Name: Beth Eikenberry Department Director:
Contact Number: 1022 City Manager:
Subject: 2 "" Reading: Ordinance Modifying the City's General Municipal Election Dates to Coincide
with the Presidential Preference Primary Date on March 15, 2016.
Background Summary:
§101.75 (3) Florida Statutes provides that: Not withstanding any provision of local law or municipal charter, the
governing body of a municipality may, by ordinance, move the date of any municipal election to a date
concurrent with any statewide or countywide election. The dates for qualifying for the election moved by the
passage of such ordinance shall be specifically provided for in the ordinance. The term of office for any elected
municipal official shall commence as provided by the relevant municipal charter or ordinance. Ocoee Charter
C -45(b) states: Any person elected to the office of Mayor or the office of City Commissioner shall be sworn into
office at 7:00 p.m. on the day of the next regularly scheduled City Commission meeting held after the results of
the election are declared by the Canvassing Board. Adoption of the attached ordinance will result in a
significant savings to the City of approximately $60,000- $75,000.
Issue:
Should the Mayor and Commission adopt on first reading the ordinance modifying the date of the 2016 General
Election for the City of Ocoee Mayor and Commission Districts 1 and 3, to coincide with the Presidential
Preference Primary Election on March 15, 2016.
Recommendations
Staff recommends the Mayor and Commission adopt the ordinance changing the Ocoee General Election to
March 15, 2016, to coincide with the Presidential Preference Primary in order to increase voter turnout and
create a significant savings to the City.
Attachments:
Modified Election Dates
Ordinance
Letter from Orange County Supervisor of Elections Attorney
Financial Impact:
Savings of approximately $60,000 - $75,000
Type of Item: (please mark with an 'k')
X Public Hearing
Ordinance First Reading
X Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by ( ) N/A
Modified Election Dates:
*General Election Date: March 15, 2016
Qualifying Dates: Noon Friday, Dec. 11 — Noon Friday, Dec. 18, 2015
Run Off Election: April 12, 2016
Swearing In: April 5, 2016 (without a run -off election)
April 19, 2016 (with a run -off election)
Canvassing: Canvassing for the General Election will be conducted
by the Orange County Canvassing Board.
*this election will be held on the day of a regular commission meeting and the commission
may wish to cancel or reschedule the regular meeting on March 15, 2016.
2
ORDINANCE 2015 -011
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, MODIFYING
THE CITY'S GENERAL MUNICIPAL ELECTION DATES TO
COINCIDE WITH THE PRESIDENTIAL PREFERENCE PRIMARY
DATE IN 2016; PROVIDING FOR A QUALIFYING PERIOD AND
SCHEDULE FOR RUN -OFF ELECTION TO BE APPLIED IN
CONJUNCTION WITH SAID ELECTION; DESIGNATING THE
ORANGE COUNTY CANVASSING BOARD AS THE CITY
CANVASSING BOARD FOR THE GENERAL MUNICIPAL
ELECTION; AND PROVIDING FOR CONFLICTS, SEVERABILITY
AND AN EFFECTIVE DATE
WHEREAS, Section 101.75(3), Florida Statutes, authorizes municipalities to
change by ordinance the dates of their municipal elections to coincide with the 2016
presidential preference primary to be held on March 15, 2016; and
WHEREAS, Article VII, Section C-45 of the City of Ocoee Charter currently
provides that the regular general election for the Mayor and members of the City
Commission shall be held on the second Tuesday in March of each year; and
WHEREAS, Section 101.75(3), Florida Statutes, further provides that municipalities
adopting an ordinance changing the date of a municipal general election to the date
coinciding with the presidential preference primary shall specifically provide for a qualifying
period; and
WHEREAS, if the City of Ocoee, Florida (hereinafter referred to as the "City ") were
to conduct a separate regular municipal election in March, the City would be responsible
for the total election costs; however, in opting to hold its 2016 regular election in
conjunction with the presidential preference primary, the City will be responsible only for
the costs of legal advertising for the announcement of the election and qualifying period,
and verification of any petition that may occur, resulting in a significant financial savings to
the City; and
WHEREAS, the City Commission deems it to be in the best interests of the citizens
and residents of the City to change the dates of its Regular Municipal Election, otherwise
to be held in March 8, 2016, to coincide with the presidential preference primary and be
held on March 15, 2016.
Page 1
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby ratified and confirmed as
true and correct and incorporated herein by this reference.
Section 2. Authority. 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 and Chapter 166, Florida Statutes.
Section 3. 2016 Presidential preference primary. As authorized by general
law, on March 15, 2016, the City shall hold its regular municipal election so that the
regular municipal election coincides with the date of Florida's presidential preference
primary. The following provisions shall apply to the 2016 regular municipal election held
in conjunction with the presidential preference primary notwithstanding any city charter
provision or ordinance to the contrary:
(a) The qualifying period for such election shall commence at noon on Friday,
December 11, 2015 and shall terminate at noon on Friday, December 18, 2015.
(b) Pursuant to the provisions of Section C -50 of the City of Ocoee Charter,
the canvassing of absentee, provisional, and overseas ballots for the City's
regular municipal election will be conducted by the Orange County Canvassing
Board.
(c) In the event that the results of the regular municipal election held in
conjunction with Florida's presidential preference primary require a run -off
election, such run -off election shall be held on Tuesday, April 12, 2016. A run -off
election would be conducted at the direction and cost of the City and would be
canvassed by the City Canvassing Board as provided in Section C -50 of the City
of Ocoee Charter.
Page 2
Section 3. Filing fee and election assessment. In accordance with Section
99.093, Florida Statutes, a candidate for the Office of City Commissioner, shall pay a
municipal filing fee of $50 and a state election assessment of $40; a candidate for the
Office of Mayor shall pay a municipal filing fee of $100 and a state election assessment
of $45.
Section 4. Conflict. All Ordinances or parts of Ordinances, Resolutions or parts
of Resolutions in conflict herewith are hereby made ineffective to the extent of such
conflict.
Section 5. Severability. If any clause, section or other part of this Ordinance
shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part shall be considered as eliminated and in no way affecting
the validity of the other provisions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective
immediately upon its passage and adoption.
Page 3
PASSED AND ADOPTED this
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this day of 12015.
SHUFFIELD, LOWMAN & WILSON, P.A.
City Attorney
day of '2015.
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED , 2015
READ FIRST TIME , 2015
READ SECOND TIME AND ADOPTED
, 2015
UNDER AGENDA ITEM NO.
Page 4
Nicholas A. Shannin, B.C.S. t *1:
Pamela R. Masters*
Carol B. Shannin
May 26, 2015
VIA EMAIL ONLY
Mr. Robert D. Frank
City Manager, City of Ocoee
150 North Lakeshore Drive
Ocoee, FL 34761
Re: 2016 Municipal Elections for the City of Ocoee
Dear Rob:
Board Certified Appellate Attorney]
Certified Circuit Court Mediator*
Certified Appellate Court Mediator
:Also OF Counsel
Page, Eichenblatt & Bennett
This correspondence is in response to your discussion with Supervisor of Elections Bill
Cowles concerning the Municipal Elections for the City of Ocoee to take place in 2016. During
that conversation, you expressed concerns that the Ocoee City Council may question why the
General Election date cannot remain on Tuesday March 8, 2016, with the runoff election to take
place on "Tuesday, April 12, 2016.
The Florida Legislature, however, recently voted to move the Presidential Preference
Primary to March 15, 2016 which places the current date for the City of Ocoee General Election
(March 8, 2016) in conflict with the election schedule of this countywide election. In light of this
development, the Supervisor of Elections would be unable to properly conduct both elections,
with the state - mandated Presidential Preference Primary clearly taking priority.
The reasons that the simultaneous conduct of these overlapping election schedules cannot
be supported are as follows:
Overlapping absentee ballots:
The primary reason why an election schedule placing the citywide election in such close
proximity to the statewide (and therefore countywide) Presidential Preference Primary Election
would prove unworkable is the simultaneous period of time during which voters within the City
of Ocoee would have absentee ballots delivered to them for two separate contests, canvassed on
separate dates by the different Canvassing Boards.
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Robert D. Frank
City Manager, City of Ocoee
May 26, 2015
Page 2 of 4
§ 100.3605, Florida Statutes (2014) governs the conduct of municipal elections. That
statute clarifies that the Florida Flection Code, Chapters 97 106, governs the conduct of a
municipality's election in the absence of an ordinance to the contrary. As such, the provisions
contained in the Florida Statutes would control the timing for the mailing of absentee ballots to
the registered voters in the City of Ocoee (as well as the dates for early voting, discussed below).
Accordingly, § 101.62, Florida Statutes, would control the timing for the distribution and return
of absentee ballots. That provision requires the Supervisor of Elections to mail the absentee
ballot "[t]o each absent qualified voter ... who has requested such a ballot, between the 35th and
28th days before the Presidential Preference Primary election, and general election." Pursuant to
the City of Ocoee ordinance (currently), the election presently scheduled for March 8, 2016
would be a "general election" and therefore the schedule for mailing of absentee ballots provided
in § 101.62(4)(b), above, would apply. It is the Supervisor's practice to mail these ballots on the
35th day prior to an election to afford the maximum available time to the voters to complete and
return their ballots.
As such, the Florida Legislature changed the Presidential Preference Primary Election
schedule and the present schedule for the City of Ocoee's General Election will be as follows:
Presidential Preference Primary: March 15, 2016
Distribution of Absentee Ballots: February 9, 2016 through February 16, 2016
Period during which active and valid absentee ballots would be in the possession of
requesting registered voters: February 9, 2016 — March 15, 2016.
Citywide General Election:
Distribution of Absentee Ballots:
March 8, 2016 (if not moved)
February 2, 2016 through March 8, 2016
Period during which active and valid absentee ballots would be in the possession of
requesting registered voters: February 2, 2016 — March 8, 2016.
Accordingly, several weeks would exist wherein voters within the City of Ocoee would
be simultaneously in possession of separate city and county absentee ballots, specifically
February 9, 2016 through March 8, 2016. This twenty nine -day long overlap creates the very
real hazard of voter confusion, with the potential for Presidential Preference Primary ballots to
be returned in the same envelope with city ballots. Because these envelopes would be canvassed
first by the City Election, the included ballots for the Presidential Preference Primary would
become invalid. Voters may also become confused as to the actual date for submission of their
ballots, having received, simultaneously, different ballots with different election dates. The
Robert D. Frank
City Manager, City of Ocoee
May 26, 2015
Page 3 of 4
Supervisor has always considered its paramount duty to minimize voter confusion and to
eliminate opportunities for the disenfranchisement of voters wherever possible. By holding
elections this close in proximity, with a mandatory provision of absentee ballots that would
simultaneously be available to the same voters for different elections, with different election
dates, creates precisely the type of scenario that can and must be avoided if at all possible.
2. Early Voting Issues:
As with the absentee ballots, early voting is also controlled by the Florida Statutes. §
101.657, Florida Statutes (2014) provides that early voting, when offered, can be available from
the 15th day prior to the election to the third day prior to the election. The City of Ocoee has
opted not to conduct Early Voting within the municipality but defer to the county elections office
to provide the service for the five business days the week prior to the elections. The dates do
directly overlap with the March 15 dates for Early Voting prior to the Presidential Preference
Primary (Feb. 29 through March 13 "'), the overlapping elections may cause confusion with
voters who fail to understand that the early voting ranges advertised for the City elections regard
only the City elections and will not apply to the Presidential Preference Primary.
3. Precinct confusion:
There are four City precincts for City voters to vote during their general election. These
may not be the same precincts as the nine -plus county precincts available to the countywide
voters who will vote on March 15, 2016. Sample ballots and information regarding precinct
locations are distributed to the voters prior to each election. The proximity of these two elections
so close to one another creates the high likelihood of confusion amongst voters as to which
precinct they are to vote at when the precinct information for those voters may direct them to two
different locations in a short period of time. Accordingly, to eliminate the high likelihood of
voter confusion created by the different precincts for those voters between countywide and
citywide elections, holding those elections in such close proximity can and should be avoided if
at all possible.
4. Voting Equipment:
The Florida Statutes 101.5612 requires that all voting equipment be tested and sealed at
least 10 days prior to the start of Early Voting for each election. The Public Test for the
Presidential Preference Primary will be on Tuesday, Feb. 24, 2016. Once the Public Test is
completed all of the equipment is needed for the countywide election. Separate equipment for
early voting and precinct voting will not be available.
Robert D. Frank
City Manager, City of Ocoee
May 26, 2015
Page 4 of 4
The Supervisor of Elections appreciates the courtesy always extended by the City of
Ocoee and anticipates continuing our great working relationship with the City as we look to
ensure that each and every registered voter who wishes to vote in the Presidential Preference
Primary and the Municipal Elections in 2016 can do so smoothly and efficiently. It is for this
reason that the Supervisor raises to the City's attention (lie unfortunate and likely unintended
consequences that the changing of the 2016 Presidential Preference Primary would have on the
voters of the City of Ocoee and Orange County if the citywide elections are not also moved in
response to the Legislature's action.
Please do not hesitate to contact either myself or Bill Cowles directly to respond to any of
the issues raised in this correspondence or concerning any other elections matter.
Best Regards,
Nicholas A. Shamiin
General Counsel to
Orange County Supervisor of Elections
NAS /mhf
cc: Bill Cowles, Supervisor of Elections 64a email onl))
Beth Eikenberry, City Clerk (Wo emcrll only)
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