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HomeMy WebLinkAboutItem VI (E) Discussion re: Election Issues AGENDA 3-15-94 Item VI E FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801 TELEPHONE 1407) 423-7656 FACSIMILE 1407) 648-1743 TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN TALLAHASSEE, FLORIDA WASHINGTON, D.C. WEST PALM BEACH. FLORIDA ORLANDO, FL. 32802-2193 ANNAPOLIS, MARYLAND CHICAGO, ILLINOIS MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq. , City Attorney PTit._ DATE: March 11, 1994 RE: Scheduling of Fall 1994 Municipal Elections The Ocoee City Charter calls for the regular municipal election to be held on November 8 , 1994 and, if needed, a runoff election to be held on November 22 , 1994 . As we have previously advised you the Supervisor of Elections has determined that municipalities within Orange County will no longer be able ' to combine their elections with the statewide or county elections. This position has raised serious questions regarding the ability of the City to hold municipal elections in accordance with the Charter. Pursuant to the City Commission action of November 2, 1993 , we attempted to present to the Orange County Legislative Delegation a Special Act which would have allowed the City Commission to amend the City Charter with respect to municipal elections without the need for a referendum. The Chairman of the Delegation refused to present our proposed legislation at the Delegation' s November 15, 1993 meeting because the request from the City came after the deadline established by the Delegation. At the request of the Supervisor of Elections Representative Bob Starks filed a general bill providing for uniform filing and election dates for municipal elections in Orange County. This proposed legislation was recently defeated in the Community Affairs Committee because it was determined that it should have been filed as a local bill, rather than as a general bill. While there is other legislation pending which may effect this issue, it does not appear likely that there will be a legislative solution in this session. The Honorable Mayor and City Commissioners of the City of Ocoee March 11, 1994 Page 2 The City of Orlando has evaluated the prospect of running its own election with voting machines leased or purchased by Orlando. This idea has recently been abandoned due to economic considerations . As a result, Orlando has decided to reschedule its municipal elections to a date different from statewide or county elections . The specific date is currently being negotiated with the Supervisor of Elections . We have been exploring with the Supervisor of Elections a compromise solution which would allow the City to hold its 1994 regular and runoff elections on the dates set forth in the City Charter. Attached hereto is a copy of correspondence dated March 7, 1994, submitting a proposal to this effect . The Supervisor of Election has indicated a willingness to consider this proposal and is currently studying it with her staff . This proposal would involve the City providing personnel for separate ballot tables in each precinct . Additionally, the vote counting equipment would not be available to the City until the day following the election. As of the date of this memorandum, we have not received a response from the Supervisor of Elections . It would appear that the cost of this approach should not exceed the cost of holding a stand alone election. In the event that we are unable to negotiate an agreement with the Supervisor of Elections, the primary option available to the City would be the rescheduling of the regular and run-off elections . Pursuant to Section 101 . 75, Florida Statutes, the City Commission may, by ordinance, move the election to a date within thirty (30) days prior to or subsequent to the statewide or county elections . The Supervisor of Elections has verbally indicated that she would be willing to administer a rescheduled election if the regular election were scheduled for November 29, 1994 and the runoff election scheduled for December 13, 1994 . Any such election would be held in a manner similar to the 1993 municipal election with the polling places being determined by the City. If this option is selected by the City Commission, the terms of the incumbent elected officials would automatically be extended until their successors are sworn in. The Supervisor of Elections appears unwilling to administer a municipal election earlier than November 29, 1994 due to concerns regarding the availability of election equipment . Other options potentially available to the City include the following: The Honorable Mayor and City Commissioners of the City of Ocoee March 11, 1994 Page 3 (1) The City could lease its own machines and staff the election at its own separate polling places on November 8 and 22 , 1994 . This approach may require a long term lease. Under this scenario, the polling places would be different than those utilized for the statewide and county elections. Also, the City staff would be responsible for all aspects of the elections except for the records required to conduct the elections. There is a possibility that the City could lease its own machines and negotiate with the Supervisor of Elections a joint use of the polling places utilized for the statewide and county elections; however, the Supervisor of Elections is not obligated to agree to such a joint use. (2) The City could proceed with a special election to amend the City Charter to provide for an alternative election date different from that authorized by Section 101.75, Florida Statutes, or to authorize the City Commission to change the election date without a referendum. This would give the City Commission the authority to move the election to a date on which the City could receive assistance from the Supervisor of Elections. Any such amendment would also need to address the terms of office of incumbent elected officials. If this approach is to be pursued it would be important that the City act quickly in scheduling a special election. (3) The City could file a lawsuit against the Supervisor of Elections attempting to force her to conduct the municipal election as called for by the City Charter. It is not clear that any such lawsuit would be successful. Additionally, given the speed with which the Courts might address this issue, it is possible that the issue would not be determined in sufficient time to hold the municipal election. I do not believe that this is a realistic option for the Fall 1994 elections. We will be prepared to discuss these option with you at the City Commission meeting. PER:ddh Enclosure A:\ELECTION.MEM 13/I I/941 D1SK I PER:ddh FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801 TELEPHONE 14071 423-7656 FACSIMILE 14071 648-1743 TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON. WISCONSIN TALLAHASSEE, FLORIDA WASHINGTON. D.C. WEST PALM BEACH. FLORIDA ORLANDO, FL. 32802-2193 ANNAPOLIS, MARYLAND CHICAGO, ILLINOIS March 7, 1994 VIA FACSIMILE Ms. Betty Carter Supervisor of Elections Orange County Florida 119 West Kaley Street Orlando, Florida 32806-3967 RE: Procedure for Holding City of Ocoee Municipal Elections Dear Betty: Pursuant to our telephone conversation, attached hereto is an outline of proposed procedures which would allow for the City of Ocoee to hold its municipal election on November 8, 1994 at the same polling places being utilized by your office for statewide and countywide elections. We understand that you are willing to consider these procedures only for the 1994 elections in order that municipalities such as Ocoee may have additional time to seek a legislative or other solution to the problems which you have identified. It would be appreciated if you would review the proposed procedures with your staff and advise us as to whether or not they provide a framework for the holding of the City of Ocoee Municipal Elections. If this framework is acceptable, we can then proceed to formalize whatever agreement is required and fill in any missing details. We appreciate your consideration of this proposal and any accommodations which you might extend to the City of Ocoee in order that its municipal elections may be held in November as required under the Ocoee City Charter. I look forward to hearing from you. Since ely Paul E. Rosenthal City Attorney City of Ocoee PER:ddh Enclosure C:\WP51\DOCS\OCOE\PERDDH03.071 13/7/941 DEBB IEH;PER:ddh OUTLINE FOR OCOEE MUNICIPAL ELECTIONS n o TO BE HELD NOVEMBER 8. 1994 AT SAME POLLING PLACES AS STATEWIDE AND COUNTYWIDE ELECTION 3/-7I1Y' 1. City of Ocoee regular municipal election will be held on November 8, 1994. If needed, run-off election to be held on November 22, 1994. (§ C-45, Ocoee City Charter and § 2, Ocoee City Code). 2. Supervisor of Elections will provide City with separate records required for municipal election and will collect such records after the election. (§ 98.091, F.S.) 3. The City of Ocoee regular election will be held at the same polling places as the statewide and countywide elections. City of Ocoee will provide one person at each polling place within City along with a table at which such person will be located. The City personnel will be designated as an election inspector for the City and will operate from a separate table next to those of the Supervisor of Elections. The City Inspector will separately verify registration and distribute separate City of Ocoee ballots. If needed, the Supervisor of Elections "oath person" will be utilized to address registration issues which may arise. The Supervisor of Elections will assist the City in training the inspectors on the procedures required for compliance with State law. 4. The Supervisor of Elections will arrange for the printing of City ballots compatible with the County voting equipment. (Same as in prior elections.) 5. After receipt of all ballots (State, County, and City), the voter will proceed to vote on all elections, including the City elections, at voting booths provided by Supervisor of Elections. 6. The City will provide a sealed metal voting box at each polling place. This will be located next to the County's voting equipment and, during the election, will be under the control of Supervisor of Election personnel. 11) D d a _ 7. All voters will deposit the City ballots in the sealed metal voting box. Personnel of the 0_trLf) Supervisor of Elections would supervise the deposit of ballots into this box at the same time ballots are fed by the voter into voting machine readers. 8. Immediately following the election, the Supervisor of Elections will deliver custody and control of the sealed metal voting box at each precinct to the Ocoee City Clerk. 9. The day after the election, the Ocoee Canvassing Board will meet with the Supervisor of Elections to open the sealed metal ballot box and count the ballots on the voting machine provided by the Supervisor of Elections. 10. Absentee ballots would be processed and counted the same as they are currently processed and counted. 11. From the standpoint of the voter, the voting process would be the same as in prior years except that (a) separate City personnel would distribute a separate City ballot, and (b) City ballots would be placed in a sealed metal box. C:WP5I\DOQSELECflON.OIJf 13/7/94 1 19E005I PER:db 2