5158-91P
ORDINANCE NO.515 8-91
e1i
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO ELECTIONS; AMENDING VARIOUS SECTIONS WITHIN
CHAPTERS 30, 31, 32, 34 AND 35, CODE OF ORDINANCES, TO
CONFORM THE CODE OF ORDINANCES TO THE CITY CHARTER AND
TO APPLICABLE PROVISIONS OF FLORIDA LAW; AMENDING
PROVISIONS RELATING TO FILING FEES, PETITION CARDS, THE
FILING OF QUALIFYING PAPERS, PROTESTING ERRONEOUS
RETURNS, AND THE COMPOSITION OF ELECTION BOARDS;
CLARIFYING THE PROVISIONS OF THE FLORIDA ELECTION CODE
WHICH ARE ADOPTED BY REFERENCE; REPEALING CHAPTER 33,
CODE OF ORDINANCES, RELATING TO CAMPAIGN FINANCING;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the election code of the City of Clearwater requires certain
amendments as set forth herein to conform the provisions thereof with the City
Charter and the Florida Election Code, and certain other provisions should be
amended as provided herein to eliminate duplication and redundant terminology;
and
WHEREAS, the provisions of Section 31.02(c), Code of Ordinance, relating
to petition cards, should be amended as set forth herein to provide for the
possibility that petition cards issued by the city clerk may be lost or stolen,
and to reduce the cost to the City of reproducing petition cards; and
WHEREAS, the provisions of Chapter 33, Code of Ordinances, relating to
campaign financing, duplicate similar provisions of Chapter 106, Florida
Statutes, and Chapter 33 should be repealed in its entirety to reduce the
likelihood of confusion; now, therefore
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Sections 30.02, 30.03, 30.08, and 30.085, Code of Ordinances,
are amended to read:
CHAPTER 30. IN GENERAL
Sec. 30.02. Method and manner of election.
(a) Seats on the city commission shall be numbered and the candidate
receiving the largest number of votes among the candidates for that seat shall
be elected.
C0011IG: Words 6 4-Wken are deletfons; words underlined are additions. Asterisks (* * *)
denote the location of text omitted from this ordinance but not affected by this ordinance.
S'/sf,F -5/
E;.
i
(b) The mayor-commissioner seat shall be number 1, the seats for the terms
which expired expa-pang in 1986 shall be numbers 4 and 5, and the seats for the
terms which expired eAF-is-i-ng in 1987 shall be numbers 2 and 3.
(c) The election for seats 4 and 5 shall be held in 1992 4486 and every
third year thereafter, and the election for seats 1, 2 and 3 shall be held in
1993 4494- and every third year thereafter.
(d) Vacancies occurring on the city commission between regularly scheduled
elections shall be filled in accordance with the City Charter.
Sec. 30.03. Notice of elections.
(a) Notice of all special elections shall be published in a daily
newspaper of general circulation in the city in the manner required by Florida
law. Such notice shall state for what purpose the election is to be held and
what offices and vacancies_, if any, are to be filled at such special election 4f+
to e , nd. If -if- the election is for approval of a bond issue bending
the amount of the proposed bond issue shall #-e
be stated in the
e A.
notice.
(b) Notice of all regular general elections shall be published in a daily
newspaper of general circulation in the city stating what Uc- offices and
vacancies, if any, are to be filled at such election. Such such notice shall
be published once a week for two (2) weeks immediately preceding the
election.
Sec. 30.08. Absentee balloting voting.
The provisions of F.S. H 101.62 to 101.694, inclusive, concerning absentee
balloting absent Ye , are hereby adopted and made axsqm?E* a part of this Code
as if eery word, elause, sentene-e and 5eet4en of such sections were set out
herein.
Sec. 30.085. Counting absentee ballots.
eeu"ted by such eqwipment? The supervisor of elections may open absentee ballots
and prepare for tabulation after 7:00 a.m. on election day.
Section 2. Sections 31.01, 31.02, 31.03, and 31.45, Code of Ordinances,
are amended to read:
CHAPTER 31. CANDIDATES
Sec. 31.01. Definitions.
As used in this title:
2
5/?gy -VI
..• M
JbI ? A candidate may not collect funds, expend or contract to expend
funds in furtherance of his or her candidacy or allow others to do so for him or
her prior to appointing a treasurer and designating a campaign depository.
Sec. 31.03. Compliance with applicable laws.
(a) All candidates shall comply with all applicable provisions of the
following:
(1) The federal election laws;
(2) The Public Disclosure and Conflicts of Interest Act, F.S. Ch. 112;
(3) Those provisions of the The Florida Election Code whi
able to municipal elections. including all of Chanters 93. 99. 1
C
(4) The City Charter; and
(5) Chapters 30, 31. 32. 34, and 35 Title N! and Chapter 134 of the Code
of Ordinances of the city.
(b) 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 title.
1
k
Sec. 31.05. Write-in candidates.
(a) Any person seeking election by write-in votes, in order to be
entitled to have write-in votes cast for him or her counted, shall file, not
information in the city clerk's department, certified under of
oualifvino period snecified in Section 8.04 of the Citv Charter
(1) The person's name;
the following
(2) The person's address;
(3) That such person possesses all of the qualifications required by law
for the office of mayor-commissioner or commissioner;
(4) The name and seat number of the office sought; and
(5) That such person will accept the office sought if elected.
4
,y.• ts;:...••. r..-.,.- ..t, .... :Y?nsr ..'"sa H.: <Yi?'siLl??-it'+
a r
(b) Upon providing the eert44ed information required above, such person
shall be considered a candidate as defined in seet4en K O , except that such
candidate shall not be entitled to have his or her name printed on the ballot.
Section 3. Section 32.15, Code of Ordinances, is amended to read:
CHAPTER 32. CAMPAIGN REGULATIONS
Sec. 32.15. Political committees and
committees of continuous existence.
All political committees -i-e-al and committees of continuous existence
are required to file as a committee with the city clerk's department a#f4ee and
shall must adhere to all regulations in this chapter.
Section 4. Sections 34.07, 34.12, and 34.13, Code of Ordinances, are
amended to read:
CHAPTER 34. ELECTRONIC VOTING SYSTEM
Sec. 34.07. Official ballots.
Official ballots shall be of the form and description as required by
Florida law. Names of candidates shall be grouped by seat number and, within
each group, shall be listed in alphabetical order.
i
Sec. 34.12. Protesting erroneous or fraudulent returns.
Any candidate or
elector, believing that the election returns are erroneous or fraudulent, shall
have a right to file a written protest with the canvassing board or with a
circuit court judge, and such protest shall be handled as prescribed in_F.S.
102.166
Sec. 34.13. Certificate of results.
In each election where electronic voting units are used, a tabulation
report of the results shall be provided to the canvassing board
and filed with the minutes.
5
0*4
EN
,2,-(3-} Supervisor of elections means the supervisor of elections of
Pinellas County or his or her designee.
Sec. 31.02. Qualification for candidacy.
(b) All candidates must be at least eighteen (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. A twenty f iye dollar ($26-09) filing fee in the amount
§ 99.093, shall be paid from the candidate's by the eandidate from his or her
campaign account. Candidates shall qualify without identification of party
affiliation.
(c) Any person who seeks to qualify as a candidate will receive 350 ?
m x4mum of fiYe_ hundred (60 of the required four- 4neh by s4% 4'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, rovided that such cards shall be of the same size and format as the
cards issued by the city clerk.
(d) 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 two hundred
fifty (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.
_Cel Each candidate shall a
ian denositorv not more than 1
int a camoaian treasurer and designate
to obtaining the petition cards from the city clerk. The Petition cards shall
be available from the city clerk not more than ninety (901 davs before an
M Any candidate changing th
a candidate shall be reauired to obta
commission seat number so_ught_ by the candidate. Petition cards bearing a city
commission seat number no lonaer souaht by the candidate shall be deemed invalid.
jg)_{-e4- 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.
3
ti-f _ 17/
;
Section 5. Sections 35.01 and 35.02, Code of Ordinances, are amended to
read:
CHAPTER 35. ELECTION BOARDS
Sec. 35.01. Appointment.
For the purpose of camling an aRd conducting regular genepal and special
elections, the supervisor of elections may appoint as many election boards as are
deemed necessary by the city clerk to conduct the election, the members of which
shall be paid and pay t4em compensation at a rate equal to the rate paid by
Pinellas County.
Sec. 35.02 Composition.
Each election board shall be composed of two (2) or more inspectors,- afl4
a precinct clerk and a poll deputy, all of whom shall possess the qualifications
set forth in F.S. sectclen 102.012-1 Fler4da Statutes.
Section 6. Chapter 33, Code of Ordinances, is hereby repealed in its
entirety.
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING December 5, 1991
PASSED ON SECOND AND FINAL
READING AND ADOPTED AS AMENDED
s '
Attest:
Cy is E. Goudeau
Cit Clerk
Approved as to form and correctness:
/I -? N11
M. A. Galbraith, Jr
City Attorney
Mayor-Commissioner
6
nMr.nml-%MV- 1 Q 1 QQ1