8133-10
ORDINANCE NO. 8133-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING AND REPEALING PORTIONS OF CODE OF
ORDINANCES CHAPTER 14, ELECTIONS; AMENDING
SECTION 14.03(3) TO PROVIDE FOR FOUR-YEAR CITY
COUNCIL TERMS; AMENDING SECTION 14.04 TO AMEND
THE REQUISITE TIME FRAMES FOR PUBLICATION OF
NOTICE OF GENERAL ELECTIONS; AMENDING SECTION
14.07 TO PROVIDE THAT THE PRESENCE OF POLL
WATCHERS SHALL BE AS SET FORTH IN FLORIDA
STATUTES SECTION 101.131; AMENDING SECTION 14.22 TO
PROVIDE FOR COMPOSITION OF ELECTION BOARDS;
AMENDING SECTION 14.42 TO CONSOLIDATE REFERENCED
STATUTORY CHAPTERS AND TO OMIT THE REQUIREMENT
THAT THE CITY CLERK OR CITY ATTORNEY PROVIDE A
DETAILED LISTING OF APPLICABLE STATE STATUTES TO
EACH CANDIDATE; AMENDING SECTION 14.83 TO PROVIDE
THAT THE PINELLAS COUNTY CANVASSING BOARD SHALL
PROVIDE FOR TESTING OF VOTING SYSTEM EQUIPMENT;
AMENDING SECTION 14.86 RELATING TO INSTRUCTION OF
ELECTION BOARDS; AMENDING SECTION 14.88 TO PROVIDE
FOR CERTIFICATION OF RESULTS BY THE PINELLAS
COUNTY CANVASSING BOARD AND PROVISION OF A
CERTIFICATE TO THE CITY; REPEALING SECTIONS 14.06,
14.84, AND 14.87; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature has recently amended certain provisions of
Florida Statutes Chapters 101 and 102 concerning elections, and recent changes were
made by referendum to certain City Charter provisions, and it is necessary to amend
Chapter 14 of the Clearwater Code of Ordinances to provide consistency with these
amendments, and in addition certain Sections of said Chapter are obsolete in that actions
formerly performed by the City Clerk are now carried out, per state statute, by the
Supervisor of Elections, and it is therefore appropriate to repeal said Sections; now
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Code of Ordinances, Chapter 14, Elections, is hereby amended to
read as follows:
ARTICLE I. IN GENERAL
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Sec. 14.03. Method and manner of election.
Ordinance No. 8133-10
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(3) The election for seats 4 and 5 shall be held in ~ 2010 and every tt=Hfd fourth
year thereafter, and the election for seats 1, 2, and 3 shall be held in 4WJ 2012 and
every tffifG- fourth year thereafter.
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Sec. 14.04. Notice of elections.
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(2) Notice of all regular elections shall be published in a daily newspaper of general
circulation in the city stating what offices and vacancies, if any, are to be filled at such
election. Such notice shall be published once a week faf within the two:weeks period
immediately preceding the election. the first such notice to be published not less than
twelve days prior to the election and the second such notice to be published not less
than five days prior to the election.
Sec. 14.07. Poll watchers.
All candidates shall be permitted to have one 'J.'atoher in each polling room,
such poll watchers as are designated in F.S. 9101.131t2t.-
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Sec. 14.22. Composition.
Each election board shall be composed of two or more inspectors, a preoinot
olerk, and a poll deputy, all of whom shall such persons havina the characteristics. and
possessing the qualifications.. set forth in F.S. 9 102.012.
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Sec. 14.42. Compliance with applicable laws.
(1) All candidates shall comply with all applicable provisions of the following:
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(c) Those provIsions of the Florida Election Code which are applicable to
municipal elections, including all of F.S. chs. 97, 98, 101, and 106, and portions of F.S.
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Ordinance No. 8133-10
chs. 99, 100, 101, :md 102, a detailed listing of '.','hich shall be provided by the city clerk
or city attorney to each candidate all or portions of the followinq F.S. chs.: 97-102. 104.
and 106.
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Sec. 14.83. Procurement of votinq system; Testing.
The city clerk shall have the voting system equipment at the proper polling place
before the time fixed f-or opening of the polls, and in good and proper order for use at
such elections. Notification of the time and place 'Nhere the pre election testing of the
equipment shall take place shall either be given to each candidate at the time of
qualifying or sent certified mail to each candidate at least 15 days prior to the election.
Following each test prooedure 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 oertification shall be accomplished in the manner provided by
The board of county commissioners shall procure and provide for the use of an
approved votinq system in accordance with F.S. & 101.5604. Testinq of the tabulatinq
equipment shall be conducted at the direction of the supervisor of elections. and the
county canvassinq board shall certify the testinq result pursuant to F.S. 9 101.5612.
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Sec. 14.86. Instruction of election boards.
At least 20 days prior to date of an election, the city olerk, assisted by r
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
voting devices 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.
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Sec. 14.88. Certificate of results.
In each election where voting devices are used, a tabulation report of the results
shall be provided to the canvassing board and filed with the minutes. The county
canvassinq board shall certify the election results and provide the city with a certificate
of the results pursuant to F.S. & 101.5614 and other applicable sections.
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Section 2. Code of Ordinances Chapter 14, Elections, Sections 14.06, 14.84,
and 14.87, reading as follows, are hereby repealed and shall be of no further force and
effect:
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Ordinance No. 8133-10
Sec. 14.06. Reserved. Counting obsentee bollots.
The supervisor of elections moy open obsentee bollots ond prepore f-or
tobulotion otter 7:00 o.m. on election doy.
Sec. 14.84. Reserved. Number of units required.
The city clerk sholl determine the octuol number of voting devices to be used in
eoch precinct ot each election. In determining the number of voting devices to be used
in eoch precinct, the city clerk sholl toke into considerotion the requirements of stote b'A'
ond the troditional voting potterns of each precinct, ond sholl furnish the number of
voting devices necessary to handle efficiently the number of onticipoted voters in the
precinct.
Sec. 14.87. Reserved. Duties of election boords.
The election boord of eoch polling place sholl orrive ot the polling pbce one hour
before the time set f-or opening of the polls, ond sholl orronge the polling ploce ond
voting system equipment for the election. In preporing ond operoting eoch polling
ploce, the election boord sholl utilize procedures outlined in the most recent edition of
Instructions for Poll VVorkers os provided by the county supervisor of elections.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
February 4, 2010
PASSED ON SECOND AND FINAL
READING AND ADOPTED
February 18, 2010
~~y~
Frank V. Hibbard
Mayor
Approved as to form: Attest:
4 Ordinance No. 8133-10