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HomeMy WebLinkAboutItem #18c Opt Out Early Voting AGENDA ITEM COVER SHEET Contact Name: Contact Number: Beth Eikenberry X1022 Meeting Date: January 16, 2007 Item # ---.1 B v Reviewed By: ~J': Department Director: ~_ City Manager: Subject: Opt out of Early Voting within the City of Ocoee for the March 2007 Municipal Election. Background Summary: On January 3, 2006, the City Commission adopted Ordinance 2006-001 adding Section 5-16 to the Code of Ordinances of the City of Ocoee allowing a provision to Opt Out of the Early Voting due to financial and logistical considerations. Issue: Should the Mayor and Commission exercise its right to Opt Out of the handling Early Voting within the City of Ocoee for the March 2007 General Election, and the April 2007 Run-off Election, if necessary, and contract with Orange County Supervisor of Elections to handle Early Voting at their Office? Recommendations Staff recommends, due to financial and logistical constraints, that the Mayor and Commission Opt Out of Early Voting in the City of Ocoee, FL, for the March 2007 General Election, and April 2007 Run-off Election, if necessary. Attachments: Ordinance 2006-001 12-06-05 Memo regarding Early Voting Financial Impact: none Type of Item: (please mark with an 'x') Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution _ Commission Approval Discussion & Direction For Clerk's Deat Use: _____ Consent Agenda _____ Public Hearing _____ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) N/A N/A N/A ORDINANCE NO. 2006-001 AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 5; ELECTIONS; BY ADDING A NEW SECTION 5-16, EARLY VOTING OPT OUT PROVISION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has adopted a revision to Section 101.657 of the Florida Statutes, said section relating to Early Voting; and, WHEREAS, State law allows the City of Ocoee, Florida to "opt out" of the provisions of Section 101.657, and because of financial and logistical considerations, "opting out" is a proper action to take; and, WHEREAS, the City of Ocoee, Florida states that it is in the best interest of its residents to "opt out" in accordance with Florida State Statute Section 101.657 of the Florida Statutes. THEREFORE, be it enacted by the City Commission of the City ofOcoee, Florida: SECTION 1. The City of Ocoee hereby exercises its right to exempt itself from the provisions of 101.657, F.S. and shall contract with the Orange County Supervisor of Elections to conduct early voting for the City of Ocoee at the Orange County Supervisor of Elections Office. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. Should any portion of this Ordinance be held invalid, then such portions are not declared invalid and shall remain in full force and effect. SECTION 4. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this "3v.~d. day of ~UOV~200' APPROVED: ATTEST: CITY OF OCOEE, FLORIDA \2. sd\E~~, Be ikenberry, City Clerk .."""'J ~ S. Scott Vandergrift, Mayor ADVERTISED December 29. 2005 READ FIRST TIME December 20. 2005 READ SECOND TIME AND ADOPTED -:Yon tm~ .~ ,200' UNDER AGE DA IIrEM NO. ~ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY, THIS, ~day of C5bvJiJ.!j , 200~ ::~1i;:!rit::Jfl CITY ATTORNEY TO: Robert Frank, City Manager FROM: Beth Eikenberry, City Clerk SUBJECT: Early Voting in March 2006 Election DATE: December 6, 2005 Florida Legislature recently adopted a revision to the Florida Statutes, Section 101.657, pertaining to Early Voting, which allows for municipalities to "opt out" of the provisions of this section due to various financial and logistical considerations. After a recent meeting with the Supervisor of Elections, and subsequent correspondence with that office, I feel that it is in the best interest of the City of Ocoee to "opt out" of Early Voting within the City and allow the Early Voting to be maintained by the Orange County Supervisor of Elections Office. What this means, is that the Supervisor of Elections would select locations, hire staff, and maintain Early Voting sites for all cities in Orange County who "opt out. In this instance, the only financial obligation the City of Ocoee would incur is for a shared portion of the overtime to staff the polling location for eight hours on the weekend. It would be highly difficult for the City Clerk, as the Election Official, to maintain the oversight of the Early Voting location for 14 consecutive days prior to the General Election, budget funds to cover all related costs for equipment and personnel, hire and train the necessary polling-location staff, run an additional equipment test for early voting, and guarantee the security of the equipment and ballots (cast ballots and unused) for the duration of the Early Voting period. Clerks from cities who handled Early Voting in last election have stated that the small turnout did not justify the amount of time and money that was spent. The Supervisor of Elections Office advised that all cities in Orange County are adopting an ordinance "opting out" of the provisions of Section 101.657 of the Florida Statutes. Attached are ordinances from Winter Park and Winter Garden. If it is the consensus of the Commission to "opt out," we will need direction to move forward with the first reading of the ordinance at the Commission Meeting on December 20, 2005. Adopting this Ordinance will continue to allow absentee ballots to be cast and Early Voting to be done at sites maintained by Orange County Supervisor of Elections.