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ORDINANCE NO. 1918
AN ORDINANCE TO AMEND CHAPTER 8, ELECTIONS,
OF THE CODE OF ORDINANCES OF THE CITY OF
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'i- LEARWATER FLORIDA 1962, TO ENACT' A NEW
ARTICLE III, CAMPAIGN REGULATIONS, TO PROVIDE r{'•',?,„:.,t:,"rR•,'
' AND SET OUT SUCH REGULATIONS FOR CANDIDATES;
,
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..•" + TO ENACT ANEW ARTICLE IV, CANDIDATES, TO PROVIDE ••';,
FOR COMPLIANCE WITH APPLICABLE STATE STATUTES;
TO SET FORTH CANDIDATES' QUALIFICATIONS; TO PROVIDE
f FOR ADDITIONAL DISCLOSURE STATEMENTSI ; TO ENACT
ys: c A NEW ARTICLE V CAMPAIGN FINANCING TO PROVIDE ?'_.•. "' `t `,? -" t rk' ; • '
Y n FOR CONTRIBUTIONS TO CANDIDATES; TO SET FORTH _j3??:# s•^ r 1,
h.? ^ REQUIREMENTS FOR CAMPAIGN TREASURER AND THE Y?, r,
REPORTS, CERTIFICATION AND FILING OF SUCH REPORTS
BY SAID TREASURER; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR THE SEPARABILITY OF THE.' ^ s
+'. PROVISIONS HEREOF, PROVIDING FOR PROPER NOTICE Ff ?
OF PROPOSED ENACTMENT; AND PROVIDING FOR THE ?,' ??• ` ',:?
zEFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Chapter 8, Elections, of the Code of Ordinances of the
City of Clearwater, Florida, is amended by repealing Article III, Candidates,
in its entirety, and enacting a new Article III, Campaign Regulations, a
new Article IV, Candidates, and a new Article V, Campaign Financing, to
read as follows:
ARTICLE III. CAMPAIGN REGULATIONS
Section 8-52. Campaign Regulations,
(a) No employee or official of the City of Clearwater may
use his official authority or influence for the purpose
of coercing or-influencing another person's vote, or
directly or indirectly attempting to control the outcome
of an election. This shall not be construed to limit the
individual's campaigning in his own behalf, but shall
apply to the campaigns of others. Nothing contained in
this section shall be deemed to prohibit any elected
official of the City of Clearwater from exercising his
right of free speech and expression of opinion on any
candidate or issue.
(b) Any person who gives anything of value that is redeemable
in cash to any person in consideration for his becoming a
registered voter is subject to prosecution. This shall not
include such things as transportation to the place of
registration or babysitting in connection with the absence
of an elector from home for registering,
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Ord. 1918 . 4/'19/79
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(c) Candidates shall not promise any money, office, employ-
ment, or any other thing of value to secure nomination
to office or election to office. However, this shall not
apply to the serving of food to be consumed at a political
rally or meeting; and it shall not apply to furnishing
transporation to the polls on election day.
(d) Candidates may declare their position upon matters of
public interest in statements for publication and other
similar forms of expression and may declare their
position on radio and television or in statements for
newspapers. However, no new or previously unpublished
statement about an opponent may appear the last five (5)
days prior to the election. No literature 'against a
candidate" shall be distributed on election day, and on the
day of the election it shall be unlawful for any person to
distribute any political pamphlets, cards or literature,
or solicit votes within one hundred (100) yards of any
polling place.
(e) Candidates shall not give or promise to-give, pay or loan
any money or other thing of value to the owner, editor,
publisher, agent or employee of any communication media
to advocate or oppose, through such media, any candidate
for election. The above prohibition shall not apply to paid
political advertisements.
(f) Candidates for election shall not give, pay, expend, or
contribute any money or thing of value to further the
candidacy of any other candidate running in opposition.
(g) Candidates shall not furnish, give or deliver to another
person any money or other thing of value, to be used by
another person for any purpose prohibited by the election
laws.
(h) Candidates shall not falsely, wilfully or maliciously make
charges against an opposing candidate.
(i) Candidates, in the furtherance of such candidacy for
nomination or election for public office in any election,
shall not use the services of any officer or employee of
the City during working hours.
(j) All campaign• advertising, materials, supplies or any other.
contribution to'advance a candidate shall be reduced to
monetary value and included in reports of contributions.
(k) No candidate shall give money or anything of value for
advertising in a publication or newspaper not qualified for
legal advertising as provided by law, unless the publication
has been published at least once each month for not less
than twelve (12) months.
(1) Political advertising is prohibited in any club or association
publication,
(m) Political signs shall require permits from the City building
department and compliance with the provisions of Section
18-8 (c) (1) of the Code of the City of Clearwater. No signs
are permitted in City rights-of-way.
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(n) All bulletins, ads, programs, newesheets, magazines,
pamphlets, brochures, handbills, letters or writing of
any kind published, issued, mailed or distributed advocating
election or defeat of a candidate shall identify in a prominent
place--in print equal in size to or larger than the smallest
print appearing thereon--the publisher of such material,
the person paying for publication thereof, and the name of
the person expressing the views. Proper identification is
"Paid political advertisement paid for by (Name of person
or organization paying for such advertisement)". Political
advertisement is a paid expression in a mass media, attracting
public attention, whether radio, television, newspaper,
magazine, periodical, direct mail, display, or by means
other than the spoken word in direct conversation, which
shall transmit any idea furthering the candidacy for public
office of any person, excluding the campaign messages
designed to be worn on a person's clothing.
(o) All political committees or associations are required to
file as a committee with the City Clerk's office and must
adhere to all regulations in this section. They are also
required to submit treasurer's reports in the same fashion
as stipulated in Section 8-57.
ARTICLE IV. CANDIDATES
Section 8-53. Compliance with Applicable Statutes.
(a) As used in this article and in this election code the terra
"candidate" shall be defined as follows,
(1) Any person who seeks to qualify for nomination or
election by means of the petitioning process and who
appoints a treasurer and designates a primary
depository,
(2) Any person who files qualification papers and subscribes
to a candidate's oath as required by law, receives con-
tributions or makes expenditures or gives consent for any
other person to receive contributions or made expenditures,
with a'view to bringing about his nomination, election or
retention to public office.
(b) Following qualification by a candidate in accordance with
this section and succeeding sections of this code, as presently
set forth or as hereafter amended, all candidates for the office,
of mayor-commissioner and city commissioner of the City of
Clearwater shali.comply with all applicable laws, including
the following:
(1) The Federal Election Laws.
(2) The Public Disclosure and Conflicts of Interest Act,
Chapter 112, Florida Statutes.
(3) The Florida Election Code as set forth in Chapters
97 through 106, Florida Statutes.
(4) Chapter 8 and Chapter 18 of the Code of Ordinances of
the City of Clearwaterr, Florida.
Ord. 1918 4/19/7.9
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(c) The omission of any provision or subsection or sub-
paragraph 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 code.
Section 8-54. Candidates" Qualifications.
(a) No individual may qualify as a candidate who holds
another elective or appointive office (salared or un-
salaried) -- state, county or municipal --the term of
which, or any part thereof, runs concurrently with the
term of office for which the individual seeks to qualify.
if seeking to qualify, the individual must resign his current
office at least ten (10) days prior to the first day of the
qualifying period for the office he intends to seek. The
resignation shall have the effect of creating a vacancy in the
office currently held and shall become effective immediately,
but the officer shall continue to serve until his successor is
elected and installed. No person who serves as a member
of any appointive board, authority or committee, without
salary, shall be in violation of this subparagraph by reason
of holding such office.
(b) All candidates for the offices of mayor-commissioner or
city commissioner must be at least eighteen (18) years of
age, must have continuously resided in the City for at least
one (1) year and must sign an affidavit to that effect at the
time of submitting a petition for election. A $25.00 filing
fee shall be paid by the candidate from personal funds.
Candidates shall be nominated without knowledge of party
affiliation or political belief.
(c) Any person who seeks to qualify for nomination to any
municipal office shall procure the required four inch (411)
by six inch (611) printed petition cards from the office of the
City Clerk. Each petition card shall contain the name and
address of the elector, the name of the candidate and the
office being sought.
(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 Super-
visor of Elections of Pinellas County. A minimum of 250
petition cards is required and candidates will be responsible
for the cost of verification of the signatures by the Supervisor
of Elections office.
(e) Candidates for the office of mayor-commissioner or city
commissioner may file qualifying papers in the office of the
City Clerk during regular business hours at Clearwater City
Hall not more than sixty (60) days and not less than thirty-
five (35) days prior to the day of election. Prior to twenty
(20) days before the scheduled election any candidate may
withdraw his name from nomination, but no fee will be refunded.
(f) The sixty-day period prior to the regularly scheduled election
on the second Tuesday of February of each year shall constitute
the campaigning period.
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(g) A candidate may announce his intention to run thirty
(30) days prior to the first filing date; he may secure
signatures on nominating petition cards, promises in
regard to campaign contributions, workers and other
types of assistance but he may not collect funds, expend
or contract to expend funds and may not speak at public
gatherings in furtherance of his candidacy or allow others
to do so for him prior to the appointment of a campaign.
treasurer and designation of a campaign depository
and prior to filing for office. l
Section 8-55. Additional Disclosure Statements.
In addition to the disclosure requirements under Florida
Statutes, Section 112. 3145, the elected officials of the City
of Clearwater, Florida, persons seeking nomination or election
to office in the City of Clearwater shall prepare and file with
the City Clerk of the City of Clearwater in affidavit form a
disclosure statement containing a listing without reference to
amount of sources of income, including trusts, of the parties
named herein, each person's spouse and minor children, if any;
any interest held by any of the individuals named herein in any
business whether it be a partnership, corporation, proprietorship
or holding company; all real property whether owned in whole or
in part in the State of Florida by the individuals named herein
and their spouse; and all liabilities, individually or jointly, of
the individuals named herein and their spouses in excess of
One Thousand Dollars ($1, 000. 00), excluding therefrom a home
mortgage, car or boat mortgage and any retail charge accounts.
In the event any individual, of the City of Clearwater designated
herein fails to comply with this said Section 8-55, then such
failure shall be deemed nonfeasance in office.
ARTICLE V. CAMPAIGN FINANCING.
Section 8-56. Contributions to Candidates.
(a) No contribution or expenditure, including contributions or
expenditures of a candidate himself or of his family, shall
be directly or indirectly made or received in furtherance of
the candidacy of any person for nomination or election except
through the duly appointed campaign treasurer.
(b) No person, firm, corporation, or other entity shall contribute
to a candidate to municipal office directly or indirectly in
money, advertising, material, supplies, services, loans,
or in any other manner whatsoever in an amount or value in
excess of One Thousand Dollars (,$1, 000.00). The limitation
provided herein shall not apply to amounts contributed by
a candidate personally.
(c) No person, firm, corporation or other entity shall give,
furnish, or contribute moneys, advertising, material, supplies,
services, loans or in any other manner whatsoever, in support
of a 'candidate for election through or in the name of another,
directly or indirectly.
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Ord. 1918 4/19/79 -5-
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(d) All contributions shall be reduced to their monetary
value and shall be included in all reports of contributions
along with the name or names of the donor or donors. !-
(e) Any contributions received by the campaign treasurer or
deputy treasurer of a candidate on the day of any election
or less than five (5) days prior to the day of election shall
be returned by him to the person or political committee
contributing it and shall not be used or expended by or on V
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(f) In-kind contributions must have a fair market value listed
and must be something that is already in the possession of
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(g) The term "contribution" as used in the subparagraphs of
this section shall have the same meaning as prescribed in
Section 106.011 (3) of the Florida Statutes.
Section 8-57. Campaign Treasurer.
(a) No more than ninety (90) days prior to an election each
candidate for nomination or election to any City office
shall appoint a campaign treasurer and designate a campaign
depository before obtaining the petition cards from the office
of the City Clerk. The name and address of such depository
shall be filed with-the office of the City Clerk at the time
of its designation. Each candidate shall at the same time
he or she designates a campaign depository and appoints a.
campaign treasurer also designate the office for which he
is a candidate. A candidate may change the designated office
for which he is a candidate and use the campaign funds for
that candidacy.
(b) No contributions may be accepted and no expenditures made
until a candidate has appointed a campaign treasurer, designated
a campaign depository, and qualified for office.
(c) Any campaign treasurer or deputy treasurer appointed
pursuant to this section shall be a registered voter in this
state and shall, before such appointment may become
effective, have accepted appointment to such position in
writing filed with the office of the City Clerk. A candidate
may appoint himself campaign treasurer.
Any treasurer or deputy treasurer appointed under this section
may be removed by a candidate and in such event the candidate
shall appoint a successor and certify the name and address
of the successor in the manner provided in the case of the
original appointment.
In the event that a treasurer resigns, such resignation shall
be in writing and filed with the office of the City Clerk.
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(d) All funds received by the campaign treasurer of any
candidate shall prior to the end of the second business day
following the receipt thereof (Saturday, Sundays, and legal
holidays excluded) be deposited in a campaign depository
designated in accordance with subsection (a) hereof, in an
account designated "Campaign account of (Name of Candidate)".
All deposits shall be accompanied by a bank deposit slip
containing the name of each contributor and the amount
contributed by each.
Any contribution in an amount of one Hundred Dollars
($100.00) or leas need not be deposited in such account until
the end of the seventh (7th) day following the receipt thereof
unless during such seven-day period the aggregate of con-
tributions received totals more than One Hundred Dollars
($100.00). No contribution or expenditure of money or
other things of value, nor obligation thereof, including
contributions, expenditures or obligations of the candidate
himself or his family, shall be rrrna de, received, or incurred
directly or indirectly in furtherance of any candidacy or any
such candidate except through the duly appointed campaign
treasurer of the candidate.
(e) Any candidate who withdraws his candidacy shall, pursuant
to this section, within ninety (90) days of withdrawing,
dispose of the funds on deposit in his campaign account, and
shall not accept contributions, nor shall any person accept
contributions on his behalf, after the candidate withdraws.
(f) Each candidate shall, pursuant to this section, within ninety
(90) days after having been eliminated as a candidate or
elected to office, dispose of the funds on deposit in his
campaign account. Such candidate shall not accept any
contributions, nor shall any person accept contributions on
behalf of such candidate, after the candidate has been
eliminated as a candidate, or elected to office.
(g) Any candidate required to dispose of funds pursuant to
this section shall, either return the funds pro rata to each
contributor or deposit the funds in the general fund of the
City of Clearwater.
Section 8-58. Reports, Certification and Filing.
Each campaign treasurer designated by a candidate pursuant
to Section 8-57 (a) of the Code shall file regular reports of
all contributions received and all expenditures made by or on
behalf of such candidate. Reports shall be filed on the first
Monday of each calendar quarter from the time the campaign
treasurer is appointed. Following the last day of qualifying
for office, the reports shall be filed:
(a) On the first and third Mondays of each month and the
Monday immediately preceding the election for a
candidate who is opposed in seeking nomination or
election to the office of mayor-commissioner and
city commissioner.
(b) All reports required of a candidate by this section
shall be filed with the office of the City Clerk. Reports
shall be filed not later than 5;00 P.M. of the day designated.
All such reports shall be open to public inspection.
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(c) A report shall be filed forty-five (45) days after the
last municipal election in a given election period in
which a candidate is eliminated for nomination or
electionAo office. If such report shows an unexpended
balance of contributions, the campaign treasurer of the
candidate shall file with the office of the City Clark,
pursuant to subsection (b) hereof, a supplemental state-
ment of contributions and expenditures. Such supple-
mental statement shall be filed on the first Monday of
each calendar quarter until the account shows no
unexpended balance of contributions and the account
has been closed.
(d) The candidate and his campaign treasurer in the case
of a candidate shall certify as to the correctness of each
report and each person so certifying shall bear the
responsibility for the accuracy and veracity of each
report. Any campaign treasurer or candidate who
wilfully certifies the correctness of any report while
knowing that such report is incorrect, false, or incomplete
is guilty of a felony of the third degree punishable as
provided in Chapter 775.082, 775.083 or 775.084,
Florida'Statutes.
(e) Notwithstanding any other provision of this code or
Chapter 106. 07, Florida Statutes, as amended, in any
reporting period during which a candidate has not received
funds, the filing of the required report for that period is
waived. However, the next report filed must specify that
the report covers the entire period between the last sub-
nutted report and the report being filed; and any candidate
not reporting by virtue of this subsection on dates
prescribed elsewhere in this section shall notify the City
Clerk in writing on the prescribed reporting date that no
report is being filed on that date.
Section Z. All ordinances or parts of ordinances in conflict herewith
or inconsistent with the provisions of this ordinance are hereby repealed
to the extent of their conflict.
Section 3. Should any section, paragraph, sentence, phrase,
clause or other part or provision of this ordinance be declared by any
court to be invalid, the same shall not affect the validity of the ordinance
as a whole, or any, part thereof, other than the part declared to be. invalid.
Section 4.. Notice of the proposed enactment of this ordinance
has been properly advertised in a newspaper of general circulation in
accordance with Section 166, 041, Florida Statutes.
. Qrd..1918 4/19/79
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Secti The provisions of this ordinance shall take effect
immediately upon its pas sage.
PASSED IN FIRST READING April 5, 1979
AS AMENDED ,
PASSED ON SECOND AND FINAL
READING AND ADOPTED April 19, 1979
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Attest;
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City Clerk
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