4361 establishing election dates Ordinance No. 2016-4361
An Ordinance of the City of Sanford, Florida relating to the dates of
City elections; providing for an amendment to Section 6.1 of the City
of Sanford City Charter with regard to establishing dates to provide
that all such elections shall occur and be implemented in
accordance with the provisions of controlling State law with regard
to the State Primary Election and State General Election dates;
providing for legislative and administrative findings; providing for
verification of signatures/petitions; providing for implementing
administrative actions and responsibility for implementation;
providing for a savings provision; providing for codification as well
as the correction of scrivener's errors; providing for conflicts;
providing for severability and providing for an effective date.
Whereas, the provisions of Florida law and the provisions of the City of Sanford
City Charter regulate the electoral processes of the City of Sanford relative to City
elections; and
Whereas, Section 100.3605, Florida Statutes, relates to the conduct of municipal
elections and provides as follows:
(1) The Florida Election Code, chapters 97-106, shall govern the conduct
of a municipality's election in the absence of an applicable special act,
charter, or ordinance provision. No charter or ordinance provision shall be
adopted which conflicts with or exempts a municipality from any provision
in the Florida Election Code that expressly applies to municipalities.
(2) The governing body of a municipality may, by ordinance, change
the dates for qualifying and for the election of members of the
governing body of the municipality and provide for the orderly transition
of office resulting from such date changes. (Emphasis added).
and;
Whereas, Section 101.75, Florida Statutes, relates to, among other things,
municipal elections; change of dates, and provides as follows:
(1) In any municipality, when the date of the municipal election falls on
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the same date as any statewide or county election and the voting devices
of the voting system used in the county are not available for both
elections, the municipality may provide that the municipal election may be
held within 30 days prior to or subsequent to the statewide or county
election.
(2) The date of the municipal election shall be set by the municipality by
ordinance.
(3) Notwithstanding any provision of local law or municipal charter,
the governing body of a municipality may, by ordinance, move the
date of any municipal election to a date concurrent with any
statewide or countywide election. The dates for qualifying for the
election moved by the passage of such ordinance shall be
specifically provided for in the ordinance.' The term of office for any
elected municipal official shall commence as Provided by the
relevant municipal charter or ordinance. (Emphasis added).
and
Whereas, a review of the upcoming City election schedule, the prudent
expenditure of public funds, and the needs of the City as well as the general
requirements pertaining to the administration and implementation of elections have
resulted in the conclusion that it would be beneficial and in the public interest to amend
the provisions of the City of Sanford City Charter and to enact this Ordinance relative to
changing the dates for the election of members of the governing body of the City (the
City Commission); and
Whereas, the provisions of Section 166.021 (4), Florida Statutes, provide as
Section 6.02(b)of the City of Sanford City Charter provides as follows:
The period within which a candidate may qualify as above stated shall begin ninety-two(92)days
prior to the election and shall terminate at 12:00 noon on the last regular working day for the City
Clerk's office eighty-eight(88) days in advance of the election date. Qualification can be effected
only during normal working hours for the City Clerk's office.
It is noted that the administration of elections is a highly complex matter and the Supervisor of Elections of Seminole
County must comply with the complexities that arise with regard to compliance with the Uniformed and Overseas
Citizens Absentee Voting Act(UOCA VA) and other controlling law relating to the elections process. Those covered
by UOCAVA include active-duty members of the Uniformed Services, dependent family members of active-duty
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follows:
The provisions of this section shall be so construed as to secure for
municipalities the broad exercise of home rule powers granted by the
constitution. It is the further intent of the Legislature to extend to
municipalities the exercise of powers for municipal governmental,
corporate, or proprietary purposes not expressly prohibited by the
constitution, general or special law, or county charter and to remove any
limitations, judicially imposed or otherwise, on the exercise of home rule
powers other than those so expressly prohibited. However, nothing in this
act shall be construed to permit any changes in a special law or municipal
charter which affect the exercise of extraterritorial powers or which affect
an area which includes lands within and without a municipality or any
changes in a special law or municipal charter which affect the creation or
existence of a municipality, the terms of elected officers and the manner
of their election except for the selection of election dates and
qualifying periods for candidates and for changes in terms of office
necessitated by such changes in election dates, the distribution of
powers among elected officers, matters prescribed by the charter relating
to appointive boards, any change in the form of government, or any rights
of municipal employees, without approval by referendum of the electors
as provided in s. 166.031. Any other limitation of power upon any
municipality contained in any municipal charter enacted or adopted prior
to July 1, 1973, is hereby nullified and repealed." (Emphasis added).
and
Whereas, the many of the aforecited provisions of statutory law were enacted
into law in 1995 by the Florida Legislative by means of the passage of House Bill 2209
(Chapter 95-178, Laws of Florida); and
Whereas, House Bill 2209 (Chapter 95-178, Laws of Florida) was passed by the
Florida House of Representatives by a vote of 118-0 and by the Florida Senate by
virtue of a vote of 37-0 and, a review of the legislative history of the legislation, indicates
members of the Uniformed Services and United States citizens residing outside of the territorial boundaries of the
United States.
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that all committee votes on the legislative were unanimously in favor of the legislation;
and
Whereas, a review of the legislative staff reports for House Bill 2209 (Chapter
95-178, Laws of Florida) and its companion bill (Senate Bill 1720) results in the
conclusion that numerous public policy arguments were advanced in favor of the
legislation and that the bill was advanced in order to enhance the electoral processes of
Florida municipalities; and
Whereas, the Florida Attorney General has opined that the legislative changes
to Section 100.3605(2), Florida Statutes, as enacted in 1995 by the passage of House
Bill 2209 (Chapter 95-178, Laws of Florida), allow municipalities to amend their charters
to change the election dates and qualifying periods for candidates including any
changes in terms of offices necessitated by such amendment such as an extension of
terms of office without a referendum election, see Attorney General Opinion 2000-61,
dated October 6, 2000, issued to Mr. Frank Comparetto, Jr., City Attorney for the City of
Mulberry; Attorney General Opinion 2003-52, dated November 3, 2003, issued to Mr.
James C. Brady, on behalf of the Mayor and City Council of the City of Fort Lauderdale;
and Attorney General Opinion 2007-34, dated July 24, 2007, issued to Mr. Robert D.
Pritt, City Attorney for the City of Naples which legal authority was also noted in
Attorney General Opinion 2008-38, dated July 23, 2008, issued to Ms. Maura J. Kiefer,
City Attorney for the City of Indian Rocks Beach; Attorney General Opinion 2013-05,
dated April 1, 2013, issued to Mr. Thomas J. Wohl, City Attorney for the City of Arcadia;
and
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Whereas, Section 6.02 (c) of the City Charter of the City of Sanford provides as
follows relating to the qualifying for office of candidates for City office:
Any person who is a qualified elector in the City of Sanford, and otherwise
qualified, may alternatively become a candidate for the office of Mayor or
City Commissioner upon filing with the City Clerk a written notice of his or
her intention to become a candidate in accordance with Article 11 and this
Section, requesting that his or her name be printed upon the ballot and
presenting a written petition with the names of two hundred and fifty (250)
signers who are eligible electors residing in the Commission district seat
the candidate seeks. Candidates for Mayor qualifying by petition shall
present a written petition with the names of five hundred (500) signers
who are eligible voters residing within the City. The form of the petition
shall comply with Florida law. Petitions for placing a candidate's name on
the ballot may be submitted to the City Clerk for verification in whole or in
part. Candidates qualifying by petition may begin collecting and turning in
names on petitions one hundred and twenty (120) days in advance of the
opening of the qualifying period. All petitions for placing a candidate's
name on the ballot must be received by the City Clerk's office prior,to the
end of the qualifying period. The City Clerk shall present the names on
written qualification petitions to the supervisor of elections office for
certification as a valid elector and shall provide timely notification of the
number of certified electors to the candidate until the requisite number of
electors has been met or the qualification period has ended with the
candidate being unable to meet the required numbers of certified electors
during their qualification petition attempt.
and
Whereas, the City Clerk serves as the administrator of City elections within the
City of Sanford; and
Whereas, there are other circumstances, aside from that set forth above in
Section 6.02 (c) of the City Charter of the City of Sanford, when the City Clerk is called
upon to verify signatures of registered voters; and
Whereas, the Supervisor of Elections for Seminole County, operating under the
legal authority of Chapter 98, Florida Statutes, and implementing the Florida Election
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Code2 and associated laws is most qualified and best able to verify the signatures of
registered voters when such action is required by controlling law; and
Whereas, the City and the Supervisor of Elections for Seminole County have
cooperated and collaborated in the past with regard to the activities needed to verify the
signatures of registered voters; and
Whereas, Section 34-1 of the City Code of the City of Sanford relates to the
administration of City elections and delegated significant authority to the City Clerk
relative to the administration of City elections; and
Whereas, the City Commission of the City of Sanford desires that the elections
of the City of Sanford be conducted in an atmosphere that provides the upmost stability
in terms of when elections will occur and related matters; and
Whereas, Article Vill Section 2(b) of the Constitution of the State of Florida
states that municipalities shall have the governmental powers to enable them to
conduct municipal government, perform municipal functions, render municipal services
and exercise any power for municipal purposes except when expressly prohibited by
law; and
Whereas, this Ordinance is enacted pursuant to the home rule powers of the
City of Sanford as set forth at Article Vill, Section 2, of the Constitution of the State of
Florida, Chapter 166, Florida Statutes, the City Charter of the City of Sanford and the
City Code of the City of Sanford, Chapter 100, Florida Statutes, Chapter 101, Florida
'Section 97.011,Florida Statutes,provides that"Chapters 97-106 inclusive shall be known and may be cited as
`The Florida Election Code."'
Statutes (both of which are part of the Florida Election Code3), and other applicable
controlling law.
Now, Therefore, Be It Enacted By The People Of The City Of Sanford,
Florida:
Section 1. Legislative And Administrative Findings And Intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the recitals (whereas clauses) set forth herein as the
legislative and administrative findings and intent of the City Commission.
(b). The City Commission of the City of Sanford desires to have its election
processes be administered in an effective and cost effective manner which maximizes
citizen involvement and which minimizes delays and harm to the public.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
Section 2. City Elections; Amendment To City Of Sanford City Charter.
Section 6.01 of the City of Sanford City Charter is substantially revised and
amended to read as follows to address matters pertaining to the timing of City elections:
Section 6.01. - Election of Mayor and Commissioners; dates of regular and runoff
elections.
(a). The regular municipal election of the City shall be held simultaneously
with the State primary elections of each election year4 and runoff elections, if
s See Footnote 1.
a Section 100.061,Florida Statutes,relates to primary elections and provides as follows:
In each year in which a general election is held,a primary election for nomination of candidates of
political parties shall be held on the Tuesday 10 weeks prior to the general election.The candidate
receiving the highest number of votes cast in each contest in the primary election shall be declared
nominated for such office. If two or more candidates receive an equal and highest number of votes
for the same office,such candidates shall draw lots to determine which candidate is nominated.
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necessary, shall be held simultaneously with the State general elections of each
election years after qualification is completed and after consultation with the Seminole
County Supervisor of Elections.
(b). City Commission seats are hereby designated as Mayor and the seats for
City Commission districts 1, 2, 3, and 4. Candidates for the offices of Mayor and City
Commissioner shall file to qualify for the office of Mayor or City Commission district as
provided by law.
(c). Each candidate for office shall announce whether he or she is a candidate
for the office of Mayor or for a City Commission district. Where more than one (1)
Commissioner is to be elected, the candidates for Commissioner shall be grouped by
district number and each candidate shall announce the district for which he or she is a
candidate.
(d). The candidate for Mayor receiving a majority of the votes cast for Mayor
shall be elected. The candidate in each district for Commissioner receiving a majority of
the votes cast in that district shall be elected. In the event that no candidate for Mayor
receives a majority of the votes cast for Mayor a the regular municipal election of the
City held simultaneously with the State primary elections, a runoff election shall be held
as provided in subsection (a), at which runoff election only the two (2) candidates for
Mayor receiving the highest vote in the regular municipal election shall be candidates,
Section 100.031,Florida Statutes,relates to general elections and provides as follows:
A general election shall be held in each county on the first Tuesday after the first Monday in
November of each even-numbered year to choose a successor to each elective federal, state,
county, and district officer whose term will expire before the next general election and, except as
provided in the State Constitution,to fill each vacancy in elective office for the unexpired portion
of the term.
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and the candidate for Mayor receiving a majority of the votes cast for Mayor shall be
elected. In the event that no candidate for Commissioner in a district receives a majority
of the votes cast in that district at the regular municipal election held simultaneously
with the State primary elections, a runoff election shall be held as provided in
subsection (a), at which runoff election only the two (2) candidates for Commissioner
receiving the highest vote in the regular municipal election for that district shall be
candidates, and the candidate for Commissioner receiving a majority of the votes cast
for Commissioner in a district shall be elected.
(e). Write-in votes shall be allowed and counted in accordance with controlling
State law. The names of unopposed candidates shall not appear on the ballot when not
in accordance with controlling State law.
(f). Any matter which, by the terms of this Charter may be submitted to the
electors of the City at any special election may be submitted and voted upon at any City
election held in accordance with this Section.
Section 3. City Elections; Verification of Signatures/Petitions.
A new Section 6.01 of the City Code of the City of Sanford is added to read as
follows:
Verification of Sig natures/Petitions.
This provision is enacted in implementation of Section 6.02 (c) of the City Charter which
relates to when a person who is a qualified elector in the City of Sanford, and otherwise
qualified to be a candidate, determines to proceed under the alternative method of
becoming a candidate for the office of Mayor or City Commissioner by filing qualification
papers and presenting a written petition with the names of 250 signers who are eligible
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electors residing in the Commission district seat the candidate seeks, or a written
petition with the names of 500 signers who are eligible voters residing within the City if
the person qualifying by petition for the office of Mayor. The form of the petition shall
comply with Florida law. Petitions for placing a candidate's name on the ballot may be
submitted to the City Clerk, or the Supervisor of Elections for Seminole County if the
City Clerk so directs, for verification in whole or in part. Candidates qualifying by petition
may begin collecting and turning in names on petitions 120 days in advance of the
opening of the qualifying period. All petitions for placing a candidate's name on the
ballot must be received by the City Clerk's office, or the Supervisor of Elections for
Seminole County if the City Clerk so directs prior to the end of the qualifying period. If
the City Clerk directs potential candidates to directly file petitions with the Supervisor of
Elections for Seminole County, that direction shall constitute the City Clerk presenting
the names on written qualification petitions to the office of the Supervisor of Elections
for Seminole County office for certification as a valid elector. The City Clerk shall
coordinate this activity with the office the Supervisor of Elections for Seminole County
and shall provide timely notification of the number of certified electors to the candidate
until the requisite number of electors has been met or the qualification period has
ended with the candidate being unable to meet the required numbers of certified
electors during their qualification petition attempt, or ensure the provision of such
actions and activities by the Supervisor of Elections for Seminole County.
Section 4. Implementing Administrative Actions.
The City Clerk and City Attorney are hereby authorized and directed to
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implement the provisions of this Ordinance and to take any and all necessary
administrative actions to bring into effect the provisions of this Ordinance as such
officials may deem appropriate in their respective roles and functions under the City of
Sanford City Charter.
Section 5. Savings; Effect Of Ordinance.
The prior actions of the City of Sanford in terms of the matters relating to the
conduct of elections in, and actions of the electorate of, the City of Sanford in the
process of electing public officials, as well as any and all related matters and processes
and procedures of the City pertaining thereto, are hereby ratified and affirmed.
Section 6. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 7. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise to be invalid, unlawful, or
unconstitutional.
Section 8. Codification; Scrivener's Errors.
(a). This Ordinance shall be codified, as determined to be appropriate by the
Code codifier.
(b). The sections, divisions, etc., and provisions of this Ordinance may be
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renumbered or relettered as deemed appropriate by the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not
affect the intent of this Ordinance, as determined by the City Clerk and City Attorney,
may be corrected with the endorsement of the City Manager, or designee, without the
need for a public hearing.
Section 9. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 11th day of January, 2016.
City Commission of the City of
Sanford, Florida, Seminole County,
Florida.
Jeff Triplett,
Attest.,
Li2a-4� 94� A
Cynth a Porter, City Clerk
Approved as to form and
Legality:
William L. Colbert, re
City Attorney
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