ARTICLE II. ELECTIONS

Sec. 2‑15. Definitions.

 Except as otherwise provided herein, words and phrases used in this article shall have the meanings ascribed to them in Florida Statutes, Section 97.021. (Code 1962, 12‑2; Ord. No. 01-03, 2, 1-16-01)

 Sec. 2‑16. When mayor and councilmembers elected.

 Elections for town council shall be for specifically numbered seats on the council designated Seats 1 through 4 and mayor.  A candidate for election to the Town council shall qualify for a single specific seat. The mayor and the councilmembers for seats 2 and 4 shall be elected in each even‑numbered year, and the councilmembers for seats 1 and 3 shall be elected in each odd‑numbered year. Each elector shall vote for not more than one candidate for each town council seat to be filled at an election.  The candidate receiving the greatest number of votes for any seat shall be deemed to be elected to that seat, and no run-off election shall be required.

(Ord. No. 89‑12, 1, 5‑16‑89; Ord. No. 97-2, 1, 2-4-97; Ord. No. 01-03, 2, 1-16-01)

Sec. 2‑17. State laws adopted.

 Any question concerning elections in the town not covered by this article shall be resolved, insofar as applicable, by the election code of the State of Florida, and for that purpose Chapters 97 through 106, inclusive, of the Florida Statutes is adopted by reference and made a part of this article with the same effect as though set out at length herein. (Code 1962, 12‑1; Ord. No. 01-03, 2, 1-16-01)

Sec. 2‑18. Town elections; Clerk to coordinate with supervisor of elections.

(a)  Duties of 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.  (Code 1962, 12-2; Ord. No. 01-03, 2, 1-16-01; Ord. No. 15-08, 1, 8-12-15)

________

*Charter reference – Elections generally, Art. VII.

*Editor’s Note:  Formerly Article II, 2-15—2-100 contained provisions now included in the duties for the County Supervisor of Elections. Ordinance 01-03 deleted those provisions and provided a new Article II.

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

  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 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 a 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.

(Code 1962, 12‑6; Ord. No. 01-03, 2, 1-16-01; Ord. No. 15-08, 2, 8-12-15)

Sec. 2‑20. Determination of sufficiency of petition; refiling.

 After the filing of a nominating petition the town clerk shall notify the candidate and the person who filed the petition whether or not it is found to be signed by the required number of qualified electors. If a petition is found insufficient, the town clerk shall return it immediately to the person who filed it with a statement certifying wherein the petition is found insufficient. Within the regular time for filing petitions a new petition may be filed for the same candidate. (Code 1962, 12‑6;Ord. No. 01-03, 2, 1-16-01)

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.     

        If the withdrawal of a qualified candidate following the end of the qualifying period results in one 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.     

 (c)  Death, withdrawal or removal of candidate(s); No 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 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),  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  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)   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)    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.

(Ord. No. 00-08, 1, 9-26-00; Ord. 07-04, 1, 3-20-07; Ord. No. 10-15, 1, 9-30-10)

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 of candidates for mayor shall be printed on the ballot 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.

(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 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.

(Code 1962, 12‑75; Ord. 97-2, 4, 2-4-97; Ord. No. 01-03, 2, 1-16-01, Ord. 15-08, 3, 8-12-15)

Sec. 2‑23. Notice by proclamation required.

Notice of all elections shall be given by proclamation of the mayor designating the offices to be filled or matters to be voted upon and giving the date of the election and all other information that it may be necessary to call to the attention of the electors; which notice shall be published for two (2) weeks in a newspaper of general circulation in the town. The first such publication shall be not more than thirty (30) days nor less than fifteen (15) days prior to the date of the holding of such election. (Code 1962, 12‑86; Ord. No. 01-03, 2, 1-16-01)

 Secs. 2‑24‑‑2‑100. Reserved.