0806 Procedure for Calling Elections ORDINANCE NO. 806
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING
ORDINANCE 646, AND SECTION 6 -3; SECTION 6-4; SECTION 6 -9; AND
SECTION 6 -10 OF THE CODE OF ORDINANCES THEREOF; PROVIDING
FOR TIME PERIODS FOR PROCLAMATION CALLING ELECTIONS FOR
GENERAL, SPECIAL ELECTIONS AND REFERENDUMS; PROVIDING
FOR CONDUCT OF SPECIAL ELECTIONS AND REFERENDUMS;
PROVIDING FOR TIME LIMITS FOR QUALIFYING FOR ELECTION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS the City of Okeechobee is obligated by State Law to conform its ordinances
pertaining to elector and election issues to existing State Election Law Statutes,
which are amended from time to time by the State; and
WHEREAS existing City ordinances fail to adequately provide for qualifying periods for
candidates for general and special elections, or circumstances and procedures that
may arise when a special election or referendum is necessary; and
WHEREAS the City has the authority and obligation to amend certain ordinances in
Section 6 of the Code to provide sufficient clarity and information in the ordinance
to the citizens to permit adequate notice of, and orderly elections of candidates;
THEREFORE it is ordained by the City Council for the City of Okeechobee, Florida after
public discussion and majority vote, the certain portions of Section 6, Code of
Ordinances, be amended as follows:
Section 6 -3. Qualifying fees for candidates.
All candidates for the office of City Clerk or City Council Member Councilman shall
pay a qualifying fee of fifty dollars ($50.00) upon qualifying as a candidate for any
City election, in addition to any fees required by State Law under Section 99.092,
Florida Statutes.
Section 6 -4. Proclamation calling election.
(a) Before any regular or special election, the Mayor shall issue his a
proclamation, signed by him or her, and attested by the City Clerk, calling
said election at least ninety (90) thirty -(30) days prior to the date of the
holding of such election, specifying in said proclamation the-issues-to-b
the office or offices to be filled; the cause of the
vacancy of such office or offices; and the date of the expiration of the terms
of such office or offices. Said proclamation shall be published in a
newspaper of general circulation at least twice, once being in the fifth week,
and once being in the third week prior to the week in which the regular
election will be held,
If such newspaper is not
available, such proclamation shall be posted in no Tess than five places
throughout the territorial limits of the City of Okeechobee, also at least thirty
(30) days prior to the date of holding such election.
Before any special election or referendum, the City shall provide notice
thereof to the Supervisor of Elections, who shall consent to the proposed
date for such election, when the registration books can be available.
Thereupon, the Mayor shall issue a proclamation signed by him or her, and
attested by the City Clerk, calling said election at least ninety (90) days prior
to the date of holding such election, specifying in the proclamation the
specific issues or questions to be voted upon in the referendum, including
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the wording of the referendum as it will appear on the ballot, or the office or
offices to be filled, the cause of the vacancy of such office or offices, and the
date of the expiration of the terms of such office or offices. Such
proclamation shall be published in a newspaper of general circulation at
least twice, once being in the fifth week, and once being in the third week
prior to the week in which the special election or referendum will be held. If
such newspaper is not available, such proclamation shall be posted in no
Tess than five places throughout the territorial limits of the City of
Okeechobee, at feast thirty (30) days prior to the date of holding such
election or referendum.
Due to periods of qualifying for general elections, and the holding of such
primaries and general elections for regular Federal, State and Local offices,
and the conflict of scheduling such elections by the Supervisor of Elections,
no special election or referendum date shall be set by the City between
August 1 and November 15, in any year in which general elections are held,
unless the candidate(s), or referendum issues, can qualify for office, or be
placed on the ballot, within the time frames as required by Section 6 -10,
Code of Ordinances.
Sec. 6 -10. Time for Qualification and scheduling Referendums.
(a) In all regular municipal elections, all persons
who desire to be and become candidates, shall qualify with the City Clerk at
any time after Noon on the third Monday in August, but not later than Noon
the Friday following
z. and upon becoming duly qualified
as a candidate, shall be entitled to have his or her name placed on the ballot
for such regular election.
(b) In special municipal elections, or referendums, the time for qualification or
scheduling the referendum shall be as follows:
1. If the necessity for a special election or referendum should occur in
a year in which the State holds a general election and primaries, and
the proclamation declaring the special election or referendum is
issued by the Mayor within a time frame that would cause such
special election or referendum to be held on the date of the
November General Election, then candidates shall qualify with the
City Clerk within the period set out in Section (a) herein, and upon
becoming duly qualified as a candidate, shall be entitled to have his
or her name placed on the ballot for such special election, or such
referendum issue shall be set for that date.
2. If the necessity for a special election or referendum should occur at
any other time than as set out above, then all candidates shall qualify
with the City Clerk commencing at Noon on the first Monday following
the issuance of the proclamation for special election, but not later
than Noon the Friday following, and upon being duly qualified as a
candidate, shall be entitled to have his or her name placed on the
ballot for such special election. A referendum shall be set by
proclamation as set forth in Section 6-4 herein.
INTRODUCED for first reading and public hearing on the 5th e •f November, 2002
James Kirk, Mayor
ATTEST:
*Bonnie S: Thomas, CMC, City Clerk
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ADOPTED after second reading and public hearing on the 19 day of November, 2002.
James Kirk, Mayor
i.TTEST
Bonnie S. Thornas, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
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