ORD 07-04 revised

ORDINANCE NO. 07-04

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA RELATING TO ELECTIONS; MAKING FINDINGS; AMENDING SECTION 2-21, TOWN CODE; PROVIDING FOR CANCELLATION OF ELECTION AND HOLDING OF A SPECIAL ELECTION WHEN ONLY ONE CANDIDATE REMAINS FOR AN OFFICE; AMENDING PROVISIONS RELATING TO CIRCUMSTANCES IN WHICH NO CANDIDATES REMAIN FOR AN ELECTION; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, in November, 2006, almost immediately after the close of filing one of the two candidates for the office of Mayor withdrew as a candidate thereby leaving only one candidate for the office;

WHEREAS, pursuant to Section 2-21(b), Town Code, the remaining candidate was declared to be the winner of the election for that office;

WHEREAS, the candidate who withdrew was the incumbent mayor;

WHEREAS, had the incumbent mayor not run for office, other candidates may have chosen to run for the office of mayor;

WHEREAS, the Town Council finds that the right of the electors of the Town to express their will was defeated; and

WHEREAS, the foregoing findings and adoption of this Ordinance is made without any reflection on the individual winning the election.

NOW, THEREFORE, BE IT ENACTED by the Town of Indialantic, Brevard County, Florida:

SECTION 1. That Section 2-21 of the Code of Ordinances of Indialantic, Florida, is hereby amended to read as follows:

Sec. 2-21. Vacancies in candidacy.

(a) The following terms, as used in this section, shall have the following meanings:

(1) Ballot or official ballot when used in reference to the office of mayor or councilmember of the town:

(A) Voting machines, except when reference is made to write-in ballots, means that portion of the printed strips of cardboard, paper, or other material that is within the ballot frames containing the names of candidates, or a statement of a proposed constitutional amendment or other question or proposition submitted to the electorate at any election.

(B) Paper ballots means that printed sheet of paper containing the names of candidates, or a statement of proposed constitutional amendments or other questions or propositions submitted to the electorate at any election, on which sheet of paper an elector casts his or her vote.

(C) Electronic or electromechanical devices means a ballot which is voted by the process of punching or marking with a marking device for tabulation by automatic tabulating equipment or data processing equipment.

(2) Candidate means any person who has qualified for election to the position of mayor or councilmember on the town council.

(3) Election means any town election to choose elected officials to the town council.

(4) Qualifying means and refers to the procedure specified in article II, town charter, and sections 2-21 and 2-22 of this code, whereby an individual causes his or her name to be placed in the next town election as a candidate for town office.

(5) Special election means an election called for the purpose of filling a vacancy in elected town office.

(b) Vacancy in candidacy; Withdrawal, death, or removal of candidate(s); One candidate remaining.

(1) If the death, withdrawal or removal from the ballot of a qualified candidate following the end of the qualifying period but before the close of balloting on election day results in only one (1) candidate for a town office, the pending election for that office shall be cancelled, and a special election for that office shall be scheduled by the town council. Within no more than twenty-one (21) days following the ascertainment that only one candidate is qualified and running for a town office, a special election shall be scheduled by the town council. The election shall be held not less than one-hundred twenty (120) days nor more than one-hundred fifty (150) days after the vacancy in the candidacy has occurred. Qualifying shall be reopened, at the time provided in the town charter and code, to allow candidates to qualify for the election to that office in accordance with the town charter and code. Any candidate wishing to qualify shall file the qualifying statement and petition required by the town charter, accompanied by such qualifying fees as set by the town code. The one (1) remaining candidate from the cancelled election shall automatically be deemed to be a candidate in the forthcoming special election and need not re-qualify or re-file as a candidate. If at the end of the re-opened qualifying period, only one (1) candidate is running for office, that candidate shall be declared elected, and no election for that office shall be required.

(2) If two (2) candidates have filed for a particular office during the qualifying period and within forty-eight (48) hours or less before the close of the qualifying period one of the two (2) candidates dies, withdraws his or her candidacy, or is removed as a candidate from the ballot, and only one (1) candidate remains as qualified at the time of the close of the qualifying period, the pending election for that office shall be cancelled, and a special election for that office shall be scheduled by the town council. Within no more than twenty-one (21) days following the ascertainment that only one (1) candidate has qualified and is running for a town office and that within forty-eight (48) hours or less prior to the close of qualifying a second candidate has passed away, withdrawn from the election for that office, or has been removed from the ballot for that office, a special election shall be scheduled by the town council. The election shall be held not less than one-hundred twenty (120) days nor more than one-hundred fifty (150) days after the vacancy in the candidacy has occurred. Qualifying shall be reopened, at the time provided in the town charter and code, to allow candidates to qualify for the election to that office in accordance with the town charter and code. Any candidate wishing to qualify shall file the qualifying statement and petition required by the town charter, accompanied by such qualifying fees as set by the town code. The one (1) remaining candidate from the cancelled election shall automatically be deemed to be a candidate in the forthcoming special election and need not re-qualify or re-file as a candidate. If at the end of the re-opened qualifying period, only one (1) candidate is running for office, that candidate shall be declared elected, and no election for that office shall be required.

(3) The filing of campaign expense statements pursuant to the Florida Election Code in the Florida Statutes, by candidates in a special election called pursuant to subsection (b)(1) or (b)(2), including the remaining candidate, shall not be later than such dates as fixed by the town clerk, unless otherwise specified in the Florida Election Code as being applicable to municipalities. In fixing such dates, the town clerk shall take into consideration and be governed by the practical time limitations and the dates established for such statements in a regular town election.

(4) If a special election is called pursuant to subsection (b)(1) or (b)(2), supplemental absentee ballots for the special election shall be mailed by the Supervisor of Elections to any absentee voter who was mailed an absentee ballot for the regular election. If an absentee voter returns the initial ballot that was mailed to said voter, said vote for that office for which the special election was called will be null and void, but any votes on all other offices and issues shall be counted.

If the withdrawal of a qualified candidate following the end of the qualifying period results in only one (1) candidate remaining on the ballot for that office and seat on the town council, the remaining candidate shall be declared elected and no election for that office shall be required.

(1) If the death, withdrawal or removal from the ballot of a qualified candidate following the end of the qualifying period but before the close of balloting on election day results in no candidates for a town office, the pending election for that office shall be cancelled, and a special election for that office shall be scheduled by the town council. Within no more than twenty-one (21) days following the ascertainment that no candidates are qualified and running for a town office, a special election shall be scheduled by the town council. The election shall be held not less than one-hundred twenty (120) days nor more than one-hundred fifty (150) days after the vacancy in the candidacy has occurred. Qualifying shall be reopened, at the time provided in the town charter and code, to allow candidates to qualify for the election to that office in accordance with the town charter and code. Any candidate wishing to qualify shall file the qualifying statement and petition required by the town charter, accompanied by such qualifying fees as set by the town code. If the during the re-opened qualifying period, only one (1) candidate files, that candidate shall be declared elected, and no election for that office shall be required.

(2) The filing of campaign expense statements pursuant to the Florida Election Code in the Florida Statutes, by candidates in a special election called pursuant to subsection (c)(1), ~~including the remaining candidate,~~ shall not be later than such dates as fixed by the town clerk, unless otherwise specified in the Florida Election Code as being applicable to municipalities. In fixing such dates, the town clerk shall take into consideration and be governed by the practical time limitations and the dates established for such statements in a regular town election.

(3) If a special election is called pursuant to subsection (c)(1), supplemental absentee ballots for the special election shall be mailed by the Supervisor of Elections to any absentee voter who was mailed an absentee ballot for the regular election. If an absentee voter returns the initial ballot that was mailed to said voter, said vote for that office for which the special election was called will be null and void, but any votes on all other offices and issues shall be counted.

(d) No candidate remaining after close of the initial qualifying period.

(1) If no candidate files for a town office during the qualifying period, or if the candidates filing all die, withdraw their candidacies, or are removed from the ballot prior to or simultaneous with the close of the qualifying period, the pending election for that office shall be cancelled, and a special election for that office shall be scheduled by the town council. Within no more than twenty-one (21) days following the ascertainment that there are no candidates qualified and running for a town office, a special election shall be scheduled by the town council. The election shall be held not less than one-hundred twenty (120) days nor more than one-hundred fifty (150) days after the vacancy in the candidacy has occurred. Qualifying shall be reopened, at the time provided in the town charter and code, to allow candidates to qualify for the election to that office in accordance with the town charter and code. Any candidate wishing to qualify shall file the qualifying statement and petition required by the town charter, accompanied by such qualifying fees as set by the town code. If the during the re-opened qualifying period, only one (1) candidate files, that candidate shall be declared elected, and no election for that office shall be required.

(2) The filing of campaign expense statements pursuant to the Florida Election Code in the Florida Statutes, by candidates in a special election called pursuant to subsection (d)(1), shall not be later than such dates as fixed by the town clerk, unless otherwise specified in the Florida Election Code as being applicable to municipalities. In fixing such dates, the town clerk shall take into consideration and be governed by the practical time limitations and the dates established for such statements in a regular town election.

(3) If a special election is called pursuant to subsection (d)(1), supplemental absentee ballots for the special election shall be mailed by the Supervisor of Elections to any absentee voter who was mailed an absentee ballot for the regular election. If an absentee voter returns the initial ballot that was mailed to said voter, said vote for that office for which the special election was called will be null and void, but any votes on all other offices and issues shall be counted.

(e) ~~(d)~~ Removal of name from ballot. The name of any qualified candidate who has withdrawn, died or been removed from the ballot shall not be printed on the ballot. If the ballot cannot be changed, any votes for that candidate shall be null and void.

(f) ~~(e)~~ Refund of qualifying fee. A candidate withdrawing or being removed from the ballot after having qualified and paid the qualification fee shall not receive a refund of the qualifying fee.

SECTION 2. Severability/Interpretation Clause.

(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) In interpreting the provisions of this Ordinance, the following rules and symbols shall apply: