7212-03
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ORDINANCE NO. 7212-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO MUNICIPAL ELECTIONS; AMENDING SECTION
14.41(2), RELATING TO FILING FEES; AMENDING SECTION
14.41(7), RELATING TO QUALIFYING PERIODS; AMENDING
SECTION 14.42(1)(d), RELATING TO COMPLIANCE WITH
LAWS; AMENDING SECTION 14.44(1), RELATING TO WRITE-
IN CANDIDATES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Supervisor of Elections issued a memorandum on September 9,
2003, regarding the scheduling of Municipal Elections in Pinellas County; and
WHEREAS, the Presidential Preference Primary Election is scheduled for March 9,
2004, and the Supervisor of Elections is requiring all municipalities in Pinellas County to
schedule local elections on that date; and
WHEREAS, the deadline for the Supervisor of Elections to receive final ballot
language from municipalities is January 2, 2004; and
WHEREAS, The City Charter section 8.04 provides that qualifying shall be 45 to 60
days before the election, which is after the ballot language is due to the Supervisor of
Elections; and
WHEREAS, Florida Statutes 100.3605 (2) provides that a municipality may change
by ordinance the dates for qualifying; now therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 14.41, Code of Ordinances, is hereby amended to read as
follows:
Sec. 14.41. Qualification for candidacy.
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(2) All candidates must be at least 18 years of age and must have continuously
resided in the city for at least one year as of the first day of the qualifying period. At the
time of qualifyinq for office, each candidate shall pay a A filing fee of $50.00 ffi-.tA.e
amount provided for in the city charter plus an election assessment as required by F.S.
S 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. 7212-03
(5) Each candidate shall appoint a campaign treasurer and designate a campaign
depository not more than 180 days before an election, as a prerequisite to obtaining the
petition cards from the city clerk. The petition cards shall be available from the city clerk
not more than 90 days before an election.
* * * * *
(7) Candidates may file qualifying papers with the city clerk during regular business
hours at the city hall during the qualifying period specified in the city charter. Any
candidate may withdraw from nomination, but no fee will be refunded. For the City
election of March 9. 2004, the qualifyinq period shall be December 1. 2003 throuqh
December 15, 2003.
Section 2. Section 14.42, Code of Ordinances, is hereby amended to read as
follows:
Sec. 14.42. Compliance with applicable laws.
(1) All candidates shall comply with all applicable provisions of the following:
(a) The federal election laws;
(b) The Public Disclosure and Conflicts of Interest Act, F.S. ch. 112;
(c) Those provisions of the Florida Election Code which are applicable to
municipal elections, including all of F.S. chs. 97, 98, 104, and 106, and portions of F.S.
chs. 99, 100, 101, and 102, a detailed listing of which shall be provided by the city clerk
or city attorney to each candidate;
(d) The city charter; and
(e) This chapter and all ordinances chapter 44 of the Code of
Ordinances of the city.
(2) The omission of any provIsion from the above list or from any of the
succeeding sections shall not be construed to excuse the candidates from compliance
therewith in all municipal elections conducted pursuant to this chapter.
Section 3. Section 14.44, Code of Ordinances, is hereby amended to read as
follows:
Sec. 14.44. Write-in candidates.
(1) Any person seeking election by write-in votes, in order to be entitled to have
write-in votes cast for him counted, shall file, the following information in the city clerk's
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Ordinance No. 7212-03
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department, certified under oath, during the qualifying period specified in section 8.04 of
the city charter and herein:
(a) The person's name;
(b) The person's address;
(c) That such person possesses all of the qualifications required by law
for the office of mayor-commissioner or commissioner;
(d) The name and seat number of the office sought; and
(e) That such person will accept the office sought if elected.
(2) Upon providing the information required in subsection (1) of this section,
such person shall be considered a candidate, except that such candidate shall not be
entitled to have his name printed on the ballot.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
September 18. 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 2, 2003
Bria~
Mayor-Commissioner
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Approved as to form:
Attest:
RJj{
Pamela K. Akin
City Attorney
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Ordinance No. 7212-03