Item #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.