7325-04
ORDINANCE NO. 7325-04
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE ELECTION CODE; AMENDING
QUALIFICATIONS FOR CANDIDACY; AMENDING THE FILING
FEE; AMENDING THE QUALIFYING PERIOD; OPTING OUT OF
THE PROVISIONS OF SECTION 101.657 REGARDING EARLY
VOTING; MAKING NONSUBSTANTIVE CHANGES; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, pursuant to a referendum held March 9, 2004, the section of
the City Charter pertaining to municipal elections was amended; and
WHEREAS, pursuant to the referendum, regulations of municipal elections
are to be addressed in the Code of Ordinances;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article 1, Chapter 14, Clearwater Code of Ordinances, is
hereby amended to read as follows:
Sec. 14.01. Definitions.
The following words, terms and phrases, when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Candidate means:
(1) Any person who seeks to qualify for election to the office of mayor-
commissioner or council member city commissionor by means of the petitioning
process and who appoints a treasurer and designates a primary depository, who
files qualification papers and subscribes to a candidate's oath as required by law,
and who receives contributions or makes expenditures or gives consent for any
other person to receive contributions or make expenditures, with a view to
bringing about his or her election or reelection to public office; or
(2) Any person who seeks to qualify as a write-in candidate pursuant to
section 14.44.
Supervisor of elections means the supervisor of elections of the county or his or
her designee.
Ordinance No. 7325-04
Sec. 14.02. Regular elections.
@.) Regular municipal elections shall be held on the second Tuesday in
March of each year in which the term of any councilmember commissionor
expires.
(b) Early votina in municipal elections beqins 15 days before the
election. The City of Clearwater exercises its riqht to exempt itself from the
provisions of Section 101.657, Florida Statutes, and shall contract with the
Supervisor of Elections to provide facilities and services for early votina. Voters
who wish to participate in early votinq may do so at the offices of the Supervisor
of Elections of Pinellas County.
Sec. 14.03. Method and manner of election.
(1) Seats on the city council commission shall be numbered, and the
candidate receiving the largest number of votes among the candidates for that
seat shall be elected.
(2) The mayor commissionor seat shall be number 1 , the seats for the
terms which expired in 1986 shall be numbers 4 and 5, and the seats for the
terms which expired in 1987 shall be numbers 2 and 3.
(3) The election for seats 4 and 5 shall be held in 1992 and every third
year thereafter, and the election for seats 1, 2 and 3 shall be held in 1993 and
every third year thereafter.
(4) Vacancies occurring on the city council commission between
regularly scheduled elections shall be filled in accordance with the city charter.
*****
Section 2. Article III, Chapter 14, Clearwater Code of Ordinances is
hereby amending to read as follows:
Sec. 14.41. Qualification for candidacy.
*****
(2) All candidates must be at least 18 years of age.!. aflG.-must have
continuously resided in the city for at least one year as of the first day of the
qualifying period. and must submit an affidavit statina that they meet the
residency criteria. At the time of qualifying for office, each candidate shall pay a
filing fee of $100.00~ plus an election assessment as required by F.S. 9
99.093. These amounts shall be paid from the candidate's campaign account.
Candidates shall qualify without identification of party affiliation.
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Ordinance No. 7325-04
(~a) Each candidate shall file the appointment of appoint a campaign
treasurer and desionation of designate a campaign depository not more than 180
days before an election, as a prerequisite to obtaining the petition cards from the
city clerk.
(~J) Upon filino the prerequisite forms. anYAA;t person who seeks to
qualify as a candidate will receive 350 of the required printed petition cards from
the city clerk. Each required card shall contain the name and address of the
elector, the name of the candidate and the office being sought. Additional petition
cards may be reproduced by a candidate at his or her expense, provided that
such cards shall be of the same size and format as the cards issued by the city
clerk.
(,24) Each petition card must be personally signed by a qualified elector
of the city in the exact manner as the signature of the elector appears on the
registration books of the supervisor of elections. A minimum of 250 petition cards
with valid signatures is required. Candidates will be responsible for the cost of
verification of the signatures by the supervisor of elections.
(6) Any candidate changing the designated office for which he or she is a
candidate shall be required to obtain the minimum number of valid signatures on
new petition cards bearing the name and address of the candidate and the city
council commission seat number sought by the candidate. Petition cards bearing
a city council commission seat number no longer sought by the candidate shall
be deemed invalid.
(7) Candidates may file qualifying papers with the city clerk during
regular business hours at the city hall during the qualifying period, which beoins
at 8:00 a.m. on the first Monday in December and ends at 5:00 p.m. on the
second Friday thereafter. spociflod in the city chartor. Any candidate may
withdraw from nomination, but no fee will be refunded. For tho city olection of
March 9, 2004, tho qualifying poriod shall be December 1, 2003 through
Decomber 15, 2003.
*****
Sec. 14.43. Additional disclosure statomonts.
(1) In addition to the disclosure requiremonts under F.S. S 112.3145, each
candidate and each mombor of the city council commission shall prepare and file
with tho city clork in affidavit form a disclosuro statement containing a listing
without reforence to amount of SOl:Jrcos of income, including trusts, of tho parties
named in this section and each porson's spouso and minor children, if any; any
interest held by any of tho individuals named in this soction in any business
whether it is a partnorship, corporation, proprietorship or holding company; all
roal property in the state owned in whole or in part by the individuals named in
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Ordinance No. 7325-04
this section and their spouses; and allliabilitios, individually or jointly, of tho
individuals mImod in this soction and their spouses in oxcoss of $1 ,000.00,
oxcluding thorofrom a home mortgage, car or boat mortg3go and any rot3i1
charge accounts.
(2) If any candidate or mombor of the city council commission fails to comply
with this soction, then such failuro sh311 bo deemed grounds for disqualification or
removal from offico.
*****
Section 3. Article IV, Chapter 14, Clearwater Code of Ordinances is
hereby amended to read as follows:
*****
Sec. 14.62. Political committees and committees of continuous existence.
All political committees and committees of continuous existence are required to
file as a committee with the city clerk clerk's dop3rtmont and shall adhere to all
regulations in this article.
Sec. 14.63. Political signs.
Candidates erecting political signs shall comply with the requirements of
Community Development Code Article 3. Division 18. includina but not limited to
Section 3-1805N.1 section 44.08(16).
Section 4. Article V, Chapter 14, Clearwater Code of Ordinances is
hereby amended to read as follows:
ELECTRONIC VOTING SYSTEM*
Sec. 14.81. The votina system is provided as set forth in Chapter 101, Florida
Statutes. Doflnitions.
Tho following '/Jords, terms and phrasos, when used in this 3rticle, shall h3VO tho
moanings ascribed to thorn in this soction, except whoro the context c10arly
indicatos 3 different m03ning:
EJoction board m03ns the clerks and inspoctors 3ppointed to conduct an election.
EJectr-onic voting 'latina system moans a systom I/,'hich includes thoso
compononts set out in F.S. S 101.5606, and apparatus nocossary to
autom3tic311y examino, count and rocord votes.
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Ordinance No. 7325-04
Eleotronic voting s-ystom ballot means a ballot which is votod by tho process of
punching or marking ':/ith a marking dovico for tabulation by automatic tabulating
equipment or data procossing oquipment.
Official ballot moans printed sheets appoaring in booklot form containing the
names of the candidatos nominated and a statomont of tho quostions submitted.
Quostion means any chartor amendment, proposition or othor quostion submitted
to tho votors at any election.
Sec. 14.82. Use authorized.
The use of the oloctronic voting system provided by the supervisor of elections
for the conduct of all elections held by the city is hereby authorized.
Sec. 14.83. Testing.
The city clerk shall have the electronic voting system equipment at the proper
polling place before the time fixed for opening of the polls, and in good and
proper order for use at such elections. /\t loast 15 days prior to an election, a
writton notice shall bemailodtooachcandidatowhosename..Vill appoar on tho
ballot, Elating Notification of the time and place where the pre-election logic and
accuracy testing of the equipment shall take place shall either be Qiven to each
candidate at the time of QualifvinQ or sent certified mail to each candidate at least
15 days prior to the election. Following each test procedure the test results shall
be sealed. The results of such testing procedure shall be certified by a
representative of the city canvassing board and the city clerk. All such
certification shall be accomplished in the manner provided by F.S. 9 101.5612.
Sec. 14.84. Number of units required.
The city clerk shall determine the actual number of olectronic voting devices t:Iffit6
to be used in each precinct at each election. In determining the number of voting
devices YRits to be used in each precinct, the city clerk shall take into
consideration the requirements of state law and the traditional voting patterns of
each precinct, and shall furnish the number of electronic voting devices t:Iffit6
necessary to handle efficiently the number of anticipated voters in the precinct.
Sec. 14.85. Official Ballots.
Official Bhallots shall be of the form and description as required by state law.
Names of candidates shall be grouped by seat number and, within each group,
shall be listed in alphabetical order.
Sec. 14.86. Instruction of election boards.
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Ordinance No. 7325-04
At least 20 Not more than 21 days prior to date of an election, the city clerk,
assisted by representatives from the supervisor of elections, shall instruct the
election boards who are to serve in the election, such instructions to relate to
each duty assigned the election boards, including but not limited to instruction in
the manner of preparing the electronic voting devices system equipment for use
and the manner of running a test ballot. The supervisor of elections shall
maintain an attendance report signed by each member of the election boards
indicating that each member has attended the instruction session.
Sec. 14.87. Duties of election boards.
The election board of each polling place shall arrive at the polling place one hour
before the time set for opening of the polls, and shall arrange the polling place
and electronic voting system equipment for the election. In preparing and
operating each polling place, the election board shall utilize procedures outlined
in the most recent edition of Instructions for Poll Workers as provided C.E.S.,
Votomatic Voting System, Pinellas County, Florida, published by the county
supervisor of elections.
Sec. 14.88. Certificate of results.
In each election where oloctronic voting devices t:I-Rit& are used, a tabulation
report of the results shall be provided to the canvassing board and filed with the
minutes.
Section 5. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
Augygt 5. 2gg~
PASSED ON SECOND AND FINAL
READING AND ADOPTED
August 16, 2004
Approved as to form:
Attest:
JAI~
Pamela K. Akin
City Attorney
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Ordinance No. 7325-04