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HomeMy WebLinkAbout153 Elections ' I ORDINANCE NO. AN ORDINANCE OF THE CITY OF ZEPHYRH ILLS, FLORIDA, REGULATING THE MANNER OF CALLING, CONDUCTING, CAN- VASSING AND MAKING RETURNS OF ALL ELECTIONS; PRE- SCRIBING THE QUALIFICATION OF VOTERS AND CANDIDATES; METHOD AND MANNER OF REGISTRATION; REQUIRING REGIS- TRATION AS A PRE-REQUISITE TO VOTING; METHOD OF ABSENTEE VOTING; PERIODIC RE-REGISTRATION OF VOTERS; AUTHORIZING CITY CLERK TO KEEP RECORD OF REGISTRATION AND PERSONS VOTING; AND PROHIBITION AGAINST SOLICITING VOTES AND PASSING OUT LITERATURE WITHIN 40:0. FEET OF POLLING PLACES ON ANY ELECTION DAY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA, AS FOLLOWS : SECTION I : General Elections Regulating the manner of calling, conducting, convassing and making returns of all elections : (a) A general election for the choosing of officers of said City shall be held on the first Tuesday after the first Monday in April of each year, between the hours of 7 :00 O'clock A. M. and 7 :00 O 'clock P. M. ; and except as herein provided, the said elections shall be held as nearly as practicable to conform with general election laws of the State of Florida. Officers elected shall qualify and take oath within three (3) days after election.. (b) The Municipal Building, located in the City of Zephyr , hills, Florida, be, and the same is hereby designated as the polling place for elections. SECTION II : Special Elections When the City Council of the City determines that it is necessary to hold a special election, it shall be sufficient for the Council to pass a resolution declaring a special election, and the purpose for which it was called, and the date on which it shall be held. (a) It shall be the duty of the City Clerk to prepare a notice of any special election, the purpose for which it is held, and the date upon which it shall be held, and such notice shall ) Page One e published once in a paper published in the City, at least thirty (30) days prior to the holding of the election, and at east. fifteen (15) days prior to the caucus if a caucus is appropriate, to be called by the Mayor .-.' (b) That when applicable, and in consistent herewith, the provisions for the holding of general elections in the City shall apply and control the holding of special elections. SECTION III : Qualification and Application of Voters (a) Every person over twenty-one ' (21) years of age who is a citizen of the United States and has resided in the State of Florida for a period of twelve ' (12) months and the `City of Zephyrhills for a period of six (6) months, and is a qualified elector of the laws of the State of Florida, may make applicatiol to the City Clerk to have his or her name registered in the registration books made and provided, by making an affidavit before the City Clerk that he or she is a citizen of the United States, and has resided in the State of Florida for a period of not less than twelve (12) months and the City of Zephyrhills for a period of not less than six (6) months ; that he or she is over the age of twenty-one (21) years. The affidavit regis- tration form shall be substantially as follows : I do solemnly swear (or affirm) that I will protect and defend the Constitution of the United States of America and the State of Florida; that I am twenty-one (21) years of age; that I have been a resident of the State of Florida for twelve (12) months and the City of Zephyrhills, Florida, for six months (6) last past; that I am qualified to vote under the Constitution and laws of the State of Florida, and under the City Charter and Municipal Ordinances of the City of Zephyrhills , Florida. NAME S IGNATURE AGE DATE PLACE OF BIRTH __ ________ __C______ _ Page Two In order to vote in any City general or special election, uch application must have been made on or before five O'clock . M. of the 15th day immediately ;preceding the holding of any lection, and the elector 's name registered in registration ooks made and provided. SECTION IV: Qualifications and Requirements for Candidates or Office : (a) Any qualified voter of the City of Zephyrhills, Florida, ay qualify for any City elective office, subject to the following conditions. (b) The Mayor of the City of Zephyrhills shall call a caucus to be held by duly qualified electors of the City not les' than twentyy (20) days from the date of any general or special election1 The caucus shall be for the purpose of nominating candidates for elective offices. The nomination of any candidate shall be supported by a petition requesting the nomination of any such candidate, signed by not, less than twenty-five (25) duly qualified electors of the City, and the said petition shall be filed with the City Clerk on or before the meeting of said caucus . (c) All candidates nominated in the caucus shall be notified within three (3) days of such nomination by the City Clerk. With- in three (3) days after the mailing of such notice, all candidates shall advise the City Clerk in writing of his or her acceptance of the nomination, and shall accompany such notice of acceptance with a $3.00 qualifying fee. If no reply is received within three (3) days, then it will be presumed that said candidate has refused such nomination and that his or her name will not be placed upon the ballot in the forthcoming election. The qualifying fee of candidates shall be used to defray expenses of elections and the balance, if any, shall be paid into the general fund of � the City. Page Three SECTION V: Registration Books and Registration Cards : (a) It . shall be the duty of the City Clerk to maintain and eep permanent voter registration books of durable quality, it eing the intention that such books shall be permanent records. t the time of registration, an elector shall be given a regis- ration card which shall recite that the person whose name appears n the card is a registered elector and qualified to vote in he City and shall bear the signature, or facsimile, of the City lerk, and seal of the City, and the date of issuance. (b) Registration books shall be kept at the office of the ity Clerk and shall be open to the public for examination uring regular office hours. SECTION VI : Keeping Registration Books Current : (a) It shall be the duty of the City Clerk when any electo� has failed to vote in general and special elections for a period of three consecutive years to mail a letter or post card to the last known address of such elector , informing the elector that his or her name shall be stricken from the registration book unless such electors notify the City Clerk within ten (10) days from the date of mailing that he or she is still a resident of the City and desires that his or her name be maintained upon the registration books, it being the intention of this Ordinance to keep the registration books current, because of death, or removal of registered voters from the City; or the City Council may, by Resolution prescribe other methods of keeping the registration books current from time to time. SECTION VII : Voting: (a) Voting in all elections in the City shall be by ballot, on either written, or printed form to be made and provided, setting forth the names of the candidates who have qualified, or such other question as may be presented to the voters . Page Four (b) Absentee Voting: Any duly qualified elector of the City may vote in any Municipal Election, other than an election requiring the electors property qualification, by Absentee allot, if said elector shall be absent from the State of Florida on the occasion of said election, or if said elector, by reason of illness shall be unable to go for the election; and further rovided that said elector desiring to cast an absentee vote shall first make an affidavit in substantially the following form: STATE OF COUNTY OF I, the undersigned, do hereby solemnly swear that I am a citizen of the United States; that I am a legal resident of the State of Florida, and have been such for more than one year last past, and of the County of Pasco, , City of Zephyrhills, for six months last past; that I am a duly qualified elector under the laws of the State of Florida; that I have not voted in any Statell other than the State of Florida within the last twelve months; that I am not a registered voter in any state other than the State of Florida; (that because of illness, I cannot go to the polling place provided for) . .. ... . (that I expect to be absent from the polling place . . . . .upon the occasion of the City election to be held in Zephyrhills on the day of A. D . , 19 ; that I will have no opportunity to vote thereat personally, nor will I attempt to do so, and I request that I be allowed to vote an absentee ballot on this day of 19 Elector Sworn to and subscribed before me this day of , A. D. , 19 Notary Public My commission expires: Upon the making of said affidavit, the City Clerk shall issue an Official Ballot to such voters, who shall vote for the ; candidate of his or her choice in secret, and shall enclose said ballot in a sealed envelope marked "Official Ballot", fur- nished by the City Clerk, to the City Clerk on or before five O 'clock. P. M. on the day immediately preceding the day of the Page Five holding of said election. The City Clerk shall not break the seal on said envelope, but shall deliver the same to the election board, and the ballots therein contained counted in the same manner as though said votes had been cast in the regular manner in said election. SECTION VIII : Supervision of Elections ; Challenging of Voters: (a) The Mayor of the City of Zephyrhills shall appoint i four inspectors and one clerk to supervise the holding of any election to be held. (b) An Election Official, or any duly qualified elector of the City may challenge the vote of any person voting at the polls in any election provided for in the manner following: (1) By stating to the Clerk or one, or al;l of the inspectors of said election that he or she challenges the vote of such person attempting to vote, and if a sufficient reason is given to the election officials so that a majority of said officials deem that there is doubt that the elector is qualified, then the election officials shall require that person challenged to execute an affidavit in substantially the following form before being allowed to vote in any said election. STATE OF FLORIDA: COUNTY OF PASCO: Before me, the undersigned authority, on this day personally appeared who, upon being by me first duly sworn, deposes and says : That his right to vote in the City Election of the City of Zephyrhills, Florida, held this day of , A. D. , ' 19 , has been challenged by That affiant is a duly qualified elector of the City of Zephyrhills , Florida; that affiant is a citizen of the United States and a legal resident of the State of Florida, and has been such for one year last past, and of the County of Pasco and City of Zephyrhills, Florida, for six months last past. Page Six That affiant is a duly qualified voter in the City of Zephyrhills, Florida, and is a qualified elector under the laws of the State of Florida; that affiant has not voted in any state! other than the State of Florida within the last twelve months, and is not a registered voter in any state otherthan the State of Florida; that affiant has duly registered as a voter in said City of Zephyrhills , Florida, in full compliance with the law and ordinances in such cases made: and provided. That affiant is over the age of twenty-one (21) years, and ! has all the necessary qualifications requisite to voting in they election this day in said City. (In the event property qualifications are required for such election, affiant shall also then state that he possesses such qualifications. ) Sworn and subscribed to before me this day of , A. D. , 19 (Subscribing Officer) SECTION IX: Counting Ballots and Canvassing Returns : (a) After seven o'clock P. M. on any election day, the election officers shall immediately count the ballots cast for each candidate and shall thereafter deliver their count to the City Clerk, and also shall make such information available to the public; the City Council shall receive the returns of all elections and canvass the same within 48 hours after the returns are received by them, and shall declare the results thereof which shall be spread upon their minutes. SECTION X: Prohibition Against Soliciting Votes and Passing of Literature : It shall be unlawful for any person on any election day held in the City, to solicit votes or pass out literature or pamphlets on behalf of any candidate for City, County or State office within four hundred (400) feet of any voting place. This is deemed to be a matter of public policy for the reason that such is considered to be a nusiance and not for the best interest of the public; and the literature and pamphlets has created a problem of excess rubbish and litter. Anyone found guilty of violating this Page Seven Section of this Ordinance, upon conviction, shall be fined by a fine not to exceed $25.00 or imprisonment in the City Jail for not more than 5 days, or both. SECTION XI : Ordinance Nos . 8, 9, 10, ll, 12, 13 and 14, according to the numbering scheme of the City Clerk of the City of Zephyrhill�s, pertaining to the subject matter of this Ordinance, be, and the same are hereby repealed. SECTION XII : If any part of this Ordinance shall, by a Court of competent jurisdiction, be held to be unconstitutional such shall not effect the validity of the remainder of this Ordinance. The foregoing Ordinance No. jjT3 was read and passed on its first reading by the City Council of the City of Zephyrhills, Florida, on the / day resident City Council _ ty Clerk The foregoing Ordinance No. / '-s was read and passed on its second reading by the City Coun i-1---o the City of Zephyrhills, Florida on the / Z ` day of A. D. 2..;,.... J esident City Council A t t_e_s t :.-City Clerk The foregoing Ordinance No. / . was read and passed on its. third reading by the City Counci -of the City of Zephyrhillsl,, Florida, on the day of D , 1962. � I P sident of c/' y Council Attest. _ , ity Clerk /7 J Page Eight The foregoing Ordinance No. / 1i was approved by me this 7ti , l day of 4. 6 , A. D. , 1 ;62. Mayor . i Page Nine L Voting~ Cam Be Longer TALAIiASSEE (UPI) i Longer resident { y require- ments can .be imposed in city: elections than in state and na- tional elections, Atty. Gen Robert Shevm said yesterday. Shevin t said the ' City of Nord? Miami "Beach .;can..en- force its requirement o q f one: ' year's residency m the: state._ and six months in the county, to vote m ;city elections Thee Opinion was issued, to cityr Atty.-Burton Loebi Shevm said the U.S. Su • preme Court ruling against; that long a>residency require went applied only to state and,.-. national elections. E. D. KNOT, J8. JOHN PHILLIPS, JR.I �Oia or• Clerk. Collector. Assessor COUN&A EN City of . � J PAUL A. D CKINSON BEN T. HA IILTON Zephyrhill.9 RALPH E. AIR SAM SURE TT r ROBERT G WINTERS F T 0 R I D A L 33b99 "THE CITY OF PURE WATER" November 14, 1972 603 EIGHTH STREET TELEPHONE 782-1525 John Phillips, Jr. , City Clerk City of Zephyrhills Zephyrhills, Florida 33599 Dear Mr. Phillips : Re : City residency Voter Registration Requirements City Elections I too have noted the newspaper report of the Attorney General ' s opinion as to the residency requirement in city elections indicating that the present requirement of one year residency in the State, six months in the County, could be enforced in the City, the latest United States Supreme Court opinion being in regard to State and National elections only. I have written for a copy of the Attorney General' s opinion in this regard, but it is my opinion that the city can rely upon the newspaper article for the time being and accept registrations under the present Ordinance requirement. This procedure can be followed unless the Attorney General' s opinion is modified by a court decision. r, Lester ver ruly, Bales, Jr. , Attorney LBJR :pn pn J/ zo.� v p OFFICIALS .'uul A. Dickinson, President of Council WILLIAM H. EILAND, Chief of Police LESTER BALES, JR., City Attorney C. G. AIcGA VERN, Municipal Judge DR. E. D. A NOT, JR. JOHN PHILLIPS, JB. rein;or Clerk, Collector, Assessor COUNCILM N _ City of ✓ PAUL A. DI HINSON If. C. DOUG AS, JR. Zephyrhili� ALBERT C. OOKS JAhIES JA$ ETT SARI SURR TT FLORIDA _ . _ THE CITY OF PURE WATER" 603 EIGHTH STREET March 31 , 1969 TELEPHONE 782-1525 John Phillips , Jr. City Clerk 603 Eighth Street Zephyrhills , Florida 33599 Dear Mr. Phillips: Re: Ordinance No. 153 Section VII (b) I have examined the aforementioned Ordinance in regard to the provision stated which deals with the absentee voting in municipal elections. As you are well aware , the aforementioned sec- tion states as a grounds forlsecuring an absentee ballot is merely the elector ' s absence from the State of Florida on election day and by reason of illness. However, the affidavit contained in said pro- vision indicates a much more liberal ground as to such absence in that absence from the state alone is not specified. Therefore , it is my opinion that an elector who will execute the affidavit specified in this section indicating that they will be absent from the City of Zephyrhills .on election day and will have no opportunity to vote should be issued an absentee ballot. Re - ctfully submitted , Lester Bales ,. Jr. LBJR: cg• O TICIALS: JAMES JARRETT, President of Council WILLIAM R. EILAND, Chief of Police LESTER BALES, JR., City Attorney C. G. MeGAVERN, Municipal Judge H - y This is to certify that Ordinance has been posted in two public places namely the City Hall and the U.S.Post Office for a period of fifteen days . The Ordinance was posted in the City Hall and the U.S.Post Office on / / / and remained posted i sal City Hall and U.S.Post -Office until J, / / Z phyrhi lls , Florida