Item #06 Early Voting Opt Out Ordinance - 2nd Reading
AGENDA ITEM COVER SHEET
Meeting Date: January 3, 2006
Item # G,
Contact Name:
Contact Number:
Beth Eikenberry
1022
Reviewed By:
Department Director:
City Manager:
#I/t/
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Subject: Early Voting Opt Out Ordinance - 2nd Reading and Public Hearing
Background Summary:
At the Commission Meeting on December 6, 2005, the consensus of the commission was to adopt an ordinance
opting out of Early Voting in the City of Ocoee. The first reading of the ordinance took place on December 20,
2005. The ordinance was advertised in the Orlando Sentinel for Public Hearing and Second Reading on January
3, 2006.
Issue:
Should the Mayor and City Commission adopt on second reading, the ordinance approving the City of Ocoee to
"opt out" of early voting,
Recommendations
Staff respectfully recommends the Mayor and City Commission adopt on second reading, the ordinance approving
the City of Ocoee to "opt out" of early voting and allowing the Orange County Supervisor of Elections Office to
conduct early voting for all residents of Orange County.
Attachments:
Ordinance
Financial Impact:
Type of Item: (please marl< with an "x'J
Public Hearing
_ Ordinance First Reading
Ordinance Second Reading
Resolution
_ Commission Approval
Discussion & Direction
For Clerl<'s DeDt 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. 2005-XX
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,
EARL Y VOTING OPT OUT PROVISION; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREVITY, 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 of Ocoee, 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
ATTEST:
Beth Eikenberry, City Clerk
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
APPROVED AS TO FORM AND
LEGALITY, THIS day
of ,2005
FOLEY & LARDNER, LLP
BY:
CITY ATTORNEY
day of
,2005.
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED December 29. 2005
READ FIRST TIME
December 20. 2005
READ SECOND TIME AND ADOPTED
, 2005
UNDER AGENDA ITEM NO.