9728-23 DocuSign Envelope ID:33F4F830-2D5E-4D35-9C83-71AF889A19A0
ORDINANCE NO. 9728-23
AN ORDINANCE PROPOSING AN AMENDMENT TO THE CITY
CHARTER, CHANGING THE DATE OF CLEARWATER'S MUNICIPAL
ELECTION, BEGINNING IN 2026, TO COINCIDE WITH STATE AND
FEDERAL PRIMARY ELECTIONS, CREATING A RUN-OFF ELECTION
FOR EACH SEAT IN WHICH NO CANDIDATE RECEIVES MORE THAN
FIFTY PERCENT OF THE VOTE IN THE MUNICIPAL ELECTION, AND
MODIFYING THE DATES FOR CANDIDATE QUALIFICATION,
COMMENCEMENT AND EXPIRATION OF OFFICE, AND OTHER TIME
PERIODS AS NECESSARY.
WHEREAS, Article VIII, § 2(b) of the Florida Constitution requires that all
municipal officers be elected by the people; and
WHEREAS, Clearwater's City Charter uses a plurality system, in which the
candidate receiving the greatest number of votes is elected; and
WHEREAS, this system can create outcomes in which a candidate
supported by far less than fifty percent of Clearwater voters is nevertheless elected
to office; and
WHEREAS, the Clearwater City Council finds that credibility and trust in the
democratic process is enhanced by a system in which each elected official enjoys
the support of a majority of voters who participate in the election process; and
WHEREAS, the City of Clearwater is the most populous city in the Gulf
Coast region that allows a candidate to take office without receiving a majority of
the votes cast in any election; and
WHEREAS, Florida Statute § 101.019, enacted by the Florida Legislature
in 2022, prohibits local government from using ranked choice voting as a method
by which a majority winner can be identified; and
WHEREAS, the Pinellas County Supervisor of Elections has advised the
City of Clearwater that her office is able and willing to support any required run-off
elections, if the City aligns its election schedule with state and federal elections;
and
WHEREAS, the Clearwater City Council expects to increase voter
participation and reduce costs for the City by aligning its election schedule with
state and federal elections; and
WHEREAS, the creation of a run-off system as proposed in this ordinance
will not take effect unless Clearwater voters approve the proposed charter
amendments at a referendum; now therefore
Ordinance No. 9728-23
DocuSign Envelope ID:33F4F830-2D5E-4D35-9C83-71AF889A19A0
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The foregoing prefatory clauses are hereby fully incorporated herein
as findings of the City Council.
Section 2. In furtherance of creating a run-off system and changing the dates of
Clearwater elections, as described in Section 8 of this ordinance, it is hereby
proposed that Section 2.03 of the City Charter be amended as follows:
Section 2.03. - Election and terms.
Commencing with the terms beginning in 2008, all council members, including the
mayor, shall be elected for terms of four years. Terms shall overlap, with two council
members and the mayor elected one year, and the additional two council members
elected two years later.
No person who has, or but for resignation or forfeiture of office would have, served
as a council member for two consecutive full terms shall serve as a council member other
than mayor for the succeeding four-year term. No person who has, but for resignation or
forfeiture of office would have, served as mayor for two consecutive full terms, shall serve
as mayor or council member for the succeeding four-year term. Term limits shall be
effective for each respective seat on the date of the next election for that seat after 1994.
Notwithstanding any other provision in the City Charter-, any councilmember,
including the mayor, elected or reelected to seats 1, 2, or 3 during the arch 2024 election
shall take office the next business day following certification of city election returns. Each
of these councilmembers shall serve in office until the third Tuesday in November of 2028.
This paragraph is intended to ensure an orderly transition by preventing three vacancies
in office that would oche ise persist between March of 2028 and the third Tuesday in
November of 2028.
In addition, the council members serving in seats 4 and 5 as of March 19, 2024,
shall have their current terms in office extended from their anticipated expiration in March
of 2026 until the third Tuesday in November of 2026. This paragraph is intended to
ensure an orderly transition by preventing two vacancies in office that would otherwise
persist between March of 2026 and the third Tuesday in November of 2026.
°ginning in 2026 and any time thereafter, newly elected or reelected council
members, including the mayor, shall take office the n® r4na, +
eia ----, .-.-.--third Tuesday in November, at which time their four-
year term shall commence.
Section 3. In furtherance of creating a run-off system and changing the dates of
Clearwater elections, as described in Section 8 of this ordinance, it is hereby
2 Ordinance No. 9728-23
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proposed that Section 2.07 of the City Charter be amended as follows:
Section 2.07. -Vacancies; forfeiture of office; filling vacancies; advisory boards.
(c) Filling of vacancies, vacancy in council member's seat.
1. A vacancy on the council should be filled by majority vote of the remaining council
members within 30 days after the vacancy. The person so appointed shall serve as a
council member neo' +ha nam r g"°lam Sr%e `-nl olen. h +o I
rn®rnbar _h__W be -elected to serve for the remainder of the unexpired term of office.
2. If the council member fails to fill such vacancy within 60 days after it occurs, a special
election shall be called to fill the unexpired term. A special election shall not be necessary
if an election for that council member's seat is already scheduled to occur within 60 days
of the vacancy°
3. Any person appointed to fill such a vacancy shall possess all the qualifications required
of a council member by law.
Section 4. In furtherance of creating a run-off system and changing the dates of
Clearwater elections, as described in Section 8 of this ordinance, it is hereby
proposed that Section 8.05 of the City Charter be amended as follows:
Section 8.05 — Elections.
(a) Council positions. All members of the city council shall be elected at large. The
candidate receiving the majority 'ar�a�� n��of votes cast arneng the Gandid_"+a_-
for that seat in the Regular City Election shall be elected.
(b) Regular Cit Elections. Commencing in the year 2026, Regular GCitv elections
shall be held in August of even-numbered years, in conjunction with the primary
election described in Florida Statute 100.061eR the seee d Twesday ors Rnar,h of
each "eaF ani-a"eh- h a GGI°RGil fra rn nexpi.wr%ir®e v or its successor statute.
(c) Special elections. Special municipal elections may be called by the council at any
time for such purposes as are authorized by law.
(d) The Pinellas County Canvassing Board shall serve as the City of Clearwater's
canvassing board, unless otherwise provided by ordinance.
(e) Run-off Municipal Elections. Commencing in the year 2026, for each seat in which
no candidate receives a majority of votes cast for that seat in the Regular City
3 Ordinance No. 9728-23
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Election, then the two candidates for that seat who received the highest number of
votes in the Regular g2�
City Election shall run against each other in a Run-off City _
Election. Any Run-off Municipal Election, if required, shall be held in November of
even-numbered years, in conjunction with the state and federal general election
described in Florida Statute 100.031 or its successor statute. Following the Run-off
Municipal Election, the candidate receiving the majority of the votes cast for that seat
in the Run-off Municipal Election shall be elected.
(f) Any candidate for city council elected in either a Regular City Election or the Run-off
Municipal Election shall commence their term in office on the day or date described
in Section 2.03 of the Citv Charter.
Section 5. In furtherance of creating a run-off system and changing the dates of
Clearwater elections, as described in Section 8 of this ordinance, it is hereby
proposed that Section 14.02 of Code of Ordinances be amended as follows:
Section 14.02. — Regular elections.
(a) Regular municipal elections shall be known as Regular City Elections. Regular City
Elections shall be held in August of even-numbered years, as described in Section 8.05
of the City Charter° E eg u!a F rH P I R +irnc cknll kn knlA r%n +kn cnrrnA TP teNcAnii in
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(b) Early voting shall be authorized for both Regular City Elections and Run-off Municipal
Elections to the maximum extent allowed by the Florida Election Code and the Pinellas
County Supervisor of Elections°
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Section 6. In furtherance of creating a run-off system and changing the dates of
Clearwater elections, as described in Section 8 of this ordinance, it is hereby
proposed that Section 14.03 of Code of Ordinances be amended as follows:
Sec. 14.03. - Method and manner of election.
(1) Seats on the city council shall be numbered, and the candidate receiving the majority
lar"est nu tuber of votes among the candidates for that seat shall be elected in the Regular
�j
City Election. For each seat in which no candidate received a majority, a Run-off
Municipal Election shall be held as described in Section 8.05 of the City Char r.
4 Ordinance No. 9728-23
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(2) The mayor 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
2and 3.
(3) Except to the extent provided in Section 2.03 of the City Charter, the election for
seats 4 and 5 shall be held in 2010 and every fourth year thereafter, and the election for
seats 1, 2, and 3 shall be held in 2012 and every fourth year thereafter.
(4) Vacancies occurring on the city council between regularly scheduled elections shall
be filled in accordance with the City Charter.
Section 7. In furtherance of creating a run-off system and changing the dates of
Clearwater elections, as described in Section 8 of this ordinance, it is hereby
proposed that Section 14.41 of Code of Ordinances be amended as follows:
Sec. 14.41. - Qualification for candidacy.
(7) Candidates may file qualifying papers with the city clerk during regular business hours
at the city hall during the qualifying period, which begins at 8:00 a.m. on the first Monda
in MayLof even-numbered years, and ends at 5e00pm on the second Friday thereafter°
Rd at 5e011 tea i CRfgnn , in "I^"� Any candidate may withdraw from
nomination, but no fee will be refunded.
Section 8. A special City election is hereby called and will be held on March 19, 2024,
for the consideration by the voters of the City of Clearwater of the proposed
Charter Amendment. The question to appear on the referendum ballot shall be as
follows:
Creating an election run-off system and changing
Clearwater's election dates to make that system possible
Shall the City of Clearwater charter be amended to require a run-off
election, beginning in the year 2026, for each Council seat in which no
candidate receives more than 50% of the vote in the regular city election?
As described in City Ordinance 9728-23, this amendment will also change
Clearwater's regular election from March of even-numbered years to
August of even-numbered years. The run-off elections, when necessary,
will be held in November of even-numbered years.
5 Ordinance No. 9728-23
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Yes
No
Section 4. The City Clerk is directed to notify the Pinellas County Supervisor of
Elections that the referendum item provided above shall be considered at the
regular election to be held on March 19, 2024.
Section 5. This ordinance and the amendments to the City Charter provided for
herein shall take effect only upon approval of a majority of the City electors voting
in the March 2024 referendum election on these issues and upon the filing
of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING October 18, 2023
PASSED ON SECOND AND FINAL November 2, 2023
READING AND ADOPTED
DocuSigned by:
�V'ttun, Q tS�
Brian J. Aungst, Sr.
Mayor
Ds
Approved as to form: Attest:
LlocuSigned by: DocuSigned by:
vtW�t� �1 c�V�b�iS Ease nn trn�z Q.d,Q,Q,
630Q3E9E13F041E...
David Margolis Rosemarie Call
City Attorney City Clerk
6 Ordinance No. 9728-23