Ord. 15-08 – Approved

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[ Code of Ordinances ]
Ord. 15-08 – Approved

ORDINANCE NO. 15-08

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA RELATING TO ELECTIONS; MAKING FINDINGS; AMENDING SECTION 2-18, TOWN CODE, PROVIDING THAT THE TOWN CLERK SHALL BE THE QUALIFYING OFFICER FOR TOWN ELECTIONS; PROVIDING THAT THE TOWN CLERK SHALL COORDINATE TOWN ELECTIONS WITH THE BREVARD COUNTY SUPERVISOR OF ELECTIONS AND REMOVING THE TOWN CLERK’S DESIGNATION AS THE SUPERVISOR OF ELECTIONS; SPECIFYING THE DUTIES OF THE TOWN CLERK WITH REGARD TO ELECTIONS; PROVIDING CERTAIN TASKS FOR WHICH THE TOWN CLERK DOES NOT HAVE RESPONSIBILITY; AMENDING SECTION 2-19 PROVIDING FOR QUALIFICATION OF WRITE-IN CANDIDATES; PROVIDING FOR WHEN ELECTION FEES OR ASSESSMENTS MUST BE PAID AND THE AMOUNT THEREOF; AMENDING SECTION 2-22, TOWN CODE, CLARIFYING THE ARRANGEMENT OF CANDIDATES NAMES AND OFFICES; PROVIDING FOR NON-PARTISAN ELECTIONS; PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 2-17, Town Code of Ordinances, provides that the Town has adopted the Florida Election Code, Chapters 97 through 106, Florida Statutes, and that Town elections shall be held in the manner provided by the Florida Election Code;

WHEREAS, pursuant to the Florida Election Code, elections are managed by the county supervisor of elections;

WHEREAS, Section 2-18, Town Code of Ordinances, is revised to reflect that the town clerk is the designated qualifying officer for election to Town Council, and that the Town Clerk is authorized by the Town Council to coordinate all elections with the Brevard County Supervisor of Elections on behalf of the Town; and

WHEREAS, the Town Council finds it in the public interest to provide clear and concise regulations relating to qualifying, ballot arrangement, non-partisan elections, and the duties of the town clerk with regard to elections,

BE IT ENACTED BY THE TOWN OF INDIALANTIC, FLORIDA:

SECTION 1. That Section 2-18 of the Code of Ordinances of Indialantic, Florida, is hereby amended to read as follows:

Sec. 2-18. Town elections; Clerk to coordinate with designated supervisor of elections
(a) Duties of the town clerk. (a) Wherever reference is made
to the “supervisor of elections” in the law of the state applicable to town elections, it shall be construed to mean the town clerk. The town clerk is the designated town elections qualifying officer. The town clerk is responsible for:
(1) Preparing election packets for candidates wishing to qualify for election to the town council;
(2) Receiving and maintaining records of required forms and fees from candidates seeking qualification;
(3) Filing all appropriate election documentation on behalf of the town with the state elections office or the Brevard County supervisor of elections, all as provided by law;
(4) Counting and working with the supervisor of elections, as necessary, to validate all candidate or election question petition signatures and petition forms, as provided in section 2-20 of this code, section 8.01 et seq. of the town charter, or section 166.031, Florida Statutes;
(5) Assisting candidates with information concerning deadlines, appointments, and important dates;
(6) Receiving and maintaining records of campaign reports;
(7) Recording and storing election documents in accordance with appropriate records retention procedures;
(8) Coordinating all town elections with the supervisor of elections of Brevard County to include elections for town council or elections with regard to town ballot questions, whether held concurrent with elections for town council or otherwise; and
(9) Advertising or noticing town elections as required by law, town charter, or the town code of ordinances.

(b) Tasks for which town clerk is not responsible. The town clerk/elections qualifying officer is not:
(1) Responsible for interpreting election law;
(2) Capable of filing or taking election complaints made by candidates, citizens, or town council members not running for office;
(3) Responsible for errors or omissions on documents submitted by candidates running for office; or
(4) A policing agent for town elections. Concerns and complaints are to be directed to the Florida Elections Commission.

SECTION 2. That Section 2-19 of the Code of Ordinances of Indialantic, Florida, is hereby amended to read as follows:

Sec. 2 19. Filing fee; form of nominating petition.

(a) A fee of ten dollars ($10.00) for filing shall accompany the nominating petition for town office required by section 2.02(4) of the charter, payable in full at the time of such filing. With the exception of write-in candidates, at the time an individual seeks to qualify as a candidate for the office of town council or mayor, the candidate shall also pay a qualifying fee consisting of the required payment to the Florida Department of State elections trust fund. Pursuant to section 99.093, Florida Statutes, the assessment/qualifying fee payable to the Department of State elections trust fund is equivalent to one percent (1%) of the annual salary of the position to which the candidate seeks election. All payments of fees and assessments must be made in the form of a check drawn on the candidate’s campaign account. As required by section 99.093, Florida Statutes, any person seeking to qualify for town council who is required to pay and who is unable to pay the election assessment without imposing an undue burden on personal resources, shall certify his or her inability under oath in the presence of the qualifying officer. Thereafter, the individual shall be excused from paying a qualifying or election trust fund assessment fee.

(b) Nominating petitions shall be in substantially the following form:

“We, the undersigned ten electors of the Town of Indialantic, Florida, hereby nominate and sponsor, __________ whose residence address is ___________ for the office of _________ to be voted for at the election on the __ day of November, A.D. 19 _ . And, we individually certify that our names have appeared on the rolls of registered voters within the last year, that we are qualified to vote and that we have not signed any other nominating petition for that office.

(SPACES FOR TEN SIGNATURES)

ACCEPTANCE OF NOMINATION.

I hereby accept the nomination for ________ and agree to serve, if elected. My occupation is _____________.
_____________________
Signature of Candidate
Date and hour of filing: ________________________
Received by:
______________________

(c) Qualification of write-in candidates.
(1) Each person seeking to qualify for election to office as a write-in candidate shall file his or her qualification papers with the town clerk during the period for qualifying as a candidate. Any person who is seeking election as a write-in candidate shall be required to pay a filing fee of ten dollars ($10.00) in the form of a check drawn on the candidate’s campaign account but shall not be required to pay a qualifying fee/election assessment consisting of the payment to the Department of State election trust fund required by section 99.093, Florida Statutes.
(2) A write-in candidate is not entitled to have his or her name printed on any ballot; however, space for the write-in candidate’s name to be written in must be provided on the election ballot. Upon qualifying, a write-in candidate shall be considered a candidate. A person may not qualify as a write-in candidate if the person has also otherwise qualified for nomination or election to such office. Failure to qualify as a write-in candidate shall mean that any write-in votes cast for such person shall not be counted.

SECTION 3. That Section 2-22 of the Code of Ordinances of Indialantic, Florida, is hereby amended to read as follows:

Sec. 2-22. Names and ballot questions to appear on ballot; display and arrangement.
(a) The printed ballots shall contain the names of all qualified candidates who have not declined to run for office.
(1) Names , and such names of candidates for mayor shall be printed on the ballot ballots in alphabetical order of surname under the name of the office of mayor followed by a space that shall be made available on the ballot for an elector to write in the name of a write-in candidate, if a candidate has qualified as a write-in candidate for the office of mayor (and in the case of council candidates for other than the position of mayor, the name of the office and seat) for which nominated.
(2) Names of candidates for specific seat(s) on the town council (for example, Seat 1, Seat 2, Seat 3, or Seat 4) shall be printed on the ballot in alphabetical order of surname under the name of the office of town council member and the seat for which the candidate is running, followed by a space that shall be made available on the ballot for the specific town council seat for an elector to write in the name of a write-in candidate, if a candidate has qualified as a write-in candidate for the specific town council seat. Each contested town council seat race, in numerical ascending order, shall be listed immediately after the office of mayor, if the office of mayor is subject to a contested. Candidates for a particular seat shall be listed only if there is more than one candidate running for said seat. Where there is only one candidate qualified and running for mayor, or a particular council seat, after qualifying is closed, said candidate shall be declared elected.
(3) As provided by section 101.151(2)(b), Florida Statutes, with respect to write-in candidates, if two or more candidates are seeking election to one office, only one blank space shall be provided. Pursuant to rule 1S-2.0031, Florida Administrative Code, the location of the write-in positions on the ballot shall be clearly marked by the words “Write-In Candidate” or “Write-In” directly below the candidates whose names appear on the ballot in each office for which a write-in candidate has qualified.
(4) All elections for mayor or town council member shall be non-partisan and without party designation. No reference to political party affiliation shall appear on any ballot with respect to the office of mayor or town council member.
(b) Ballot questions relating to the Town charter or town code shall appear on the ballot following contested elections for mayor, and town council member, if any. Ballot questions shall be arranged in the order in which a question qualified to be placed on the election ballot, as determined by the town clerk.
(c) The town clerk shall coordinate with the Brevard County supervisor of elections with regard to the production, publication, and creation of the ballot.

SECTION 4. Severability Clause/Interpretation.
(a) In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.
(b) That in interpreting this Ordinance, underlined words
indicate additions to existing text, and stricken through words include deletions from existing text. Asterisks (* * * *) indicate a deletion from the Ordinance of text, which exists in the Code of Ordinances. It is intended that the text in the Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance.

SECTION 5. Effective Date. This Ordinance shall become effective upon adoption of this Ordinance.

PASSED by the Town Council of the Town of Indialantic on first reading on the 8th day of July, 2015, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the 12th day of August, 2015.

TOWN OF INDIALANTIC

________________________
David Berkman
Mayor

ATTEST:_______________________
Laura Eaton
Town Clerk