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O-240-C · CITY OF CLERMO~T . CODE ORDINANCES 240-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 7, ELECTIONS REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION. THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: Chapter 7, Elections is hereby amended as follows: SECTION 1. Sec. 7-1. Election of City Officers. Each year an election shall be held for the purpose of eÌecting the Mayor and Council in a manner as specified by the City Charter, and for the election of other such officers as may from time to time be created by the City Council under the City Charter. The regular election of the City Council shall be held on the first Tuesday after the first Monday in November of each year. Sec. 7-2. Primary Elections. In the event there are more than two candidates who qualify for any seat there shall be a primary election on the first Tuesday after the first Monday in October of each year. In the event one of the candidates receives a majority of the votes, he shall be declared elected. In the event no candidate receives a majority of the votes, the two candidates for whom the highest number of votes were cast shall stand for election on the first Tuesday after the first Monday in November. Sec. 7-3. Special Elections. Special elections shall be called by the Mayor upon direction of the Council in the same manner and conducted in the same way as general elections. All laws applicable to general elections are applicable to special elections. Sec. 7-4. Questions may be submitted at general or special elections. A question or proposition may be submitted to the qualified electors of the City at any general or special election ordered by the Mayor under direction of the Council. The same question or proposition shall not be submitted again to the qualified electors unless six (6) months has expired since the question or porposition was previously so submitted. The rewording or rephrasing of the question shall not affect the expiration of the required six-months period. Sec. 7-4.1. Procedure for placing initiative on ballot. (a) Initiative. There is hereby established a procedure for registered voters of the City of Clermont to place a question on the ballot at a general election of the City of Clermont. (b) Petition. A petition to place a question on the ballot shall be presented to the City Clerk in the following form: "We the undersigned petitioners, request the following question to be placed on the ballot at the next general election: " ¡ (c) Percentage of registered voters. The petition shall con- tain a minimum number of signatures equal to ten (10) percent of the registered voters of the City of Clermont at the time it is sub- . CITY OF CLERMONT . CODE ORDINANCES 240-C Page -2- mitted to the City Clerk and each signature shall be accompanied by the current residence of the respective registered voter. (d) Certification of signatures. Each petition shall be certi- fied by the Supervisor of Elections, Lake County, Florida, who shall certify to the City Clerk that the petition contains a minimum of ten (10) percent of the registered voters of the City of Clermont, Lake County, Florida. (e) Time. The petition, certified by the Supervisor of Elections, Lake County, Florida, shall be filed with the City Clerk on or before 5:00 p.m. of the last day for qualifying for the General Election as provided in Chapter 7, section 7-6, Code of Ordinances, City of Clermont. (f) Straw vote status. The results of the initiative shall be of a straw ballot nature and shall not be binding on the City Council. Sec. 7-5. Mayor's Proclamation: Notice. Thirty (30) days prior to the date of the Primary Election (see Section 7-2) or any Special Election the Mayor shall issue his proclamation calling said election. It shall specify what questions or propositions which are to be submitted to the electors and which officers are to be elected, the term of their office and date and place the election shall be held. Qualifying for the election shall begin after issuance of the Proclamation. The proclamation shall be substantially in the following form: MAYOR'S PROCLAMATION THE GENERAL ELECTION (A SPECIAL ELECTION) OF THE CITY OF CLERMONT SHALL BE HELD IN THE COUNCIL CHAMBERS ON THE FIRST TUESDAY OF ,19 ,BETWEEN THE HOURS OF SEVEN O'CLOCK A.M. AND SEVEN O'CLOCK P.M. EASTERN STANDARD TIME. THE PURPOSE OF THIS ELECTION IS TO ELECT: (Herein set forth officers to be elected and term of their respective office). A PRIMARY ELECTION WILL BE HELD ON OCTOBER IN THE EVENT THERE ARE MORE THAN TWO CANDIDATES FOR ANY ONE OF THE ABOVE SEATS. , 19 WHO QUALIFY , (The following form shall be used for submitting any question or proposition): AT THIS ELECTION THE FOLLOWING QUESTIONS OR PROPOSITIONS WILL BE DECIDED BY THE QUALIFIED VOTERS OF THE CITY OF CLERMONT. . (Herein state the question or proposition to be so decided). MAYOR (Publication Dates) The Proclamation shall be published once each week for four (4) consecutive weeks in a newspaper published in the City. If there are no newspapers so published, such Proclamation shall be posted for a like time at four (4) prominent places within the City. Sec. 7-6. Nominating petitions: filing. Candidates for any elective office shall qualify by a petition ./ signed by at least twenty-five (25) qualified voters and filed with the City Clerk on or before fifteen (15) days prior to the Primary Election date. The petition shall also contain, or have affixed thereto, the candidates acceptance of the nomination which shall . CITY OF CLERMONT . CODE ORDINANCES 240-C Page -3- also contain a statement that, if elected, he or she will so serve, and if not a part of the petition, the City shall omit his name from the ballot. All candidates' petitions shall be preserved by the Clerk for six (6) months after the date of the general or special election. Sec. 7-7. Voting by secret ballot. In all elections in the City the voting shall be ballot, printed and distributed under this Chapter. ballot shall be received or counted. by secret No other Sec. 7-8. Ballots - Candidates to be included. The City shall cause to be printed on all ballots to be used in any General or Special Election for the election of officers, the names of duly nominated candidates. The names of all candidates for the same office shall be printed together, in the same style and size of type, irrespective of race, creed, color, party or faction affiliation. Their names shall be arranged alphabetically according to the first letter of the surname. The order in which various offices shall appear on the ballot shall be left to the discretion of the City. Secs. 7-9 - 7-12. Reserved. Sec. 7-13. Form of Official Ballot. The official ballot for all general or special elections shall be substantially in the following form: OFFICIAL BALLOT GENERAL (SPECIAL) ELECTION CLERMONT, FLORIDA , 19 BALLOT NO. VOTER SIGNATURE (PERFORATION) OFFICIAL BALLOT GENERAL (SPECIAL) ELECTION ,19_ Mark a cross (X) in the square at the LEFT of the name of the candidate of your choice. FOR MAYOR GROUP III (Two Year Term) Vote for one: [ ] Anderson, John B. [ ] Brown, Jane C. [ ] Winston, Earl G. . CITY OF CLERMONT . CODE ORDINANCES 240-C Page -4- FOR COUNCIL MEMBER (GROUP I, II, IV, OR V) (Two Year Term) Vote for one: [ ] Castner, Robert M. [ ] Smith, Sidney QUESTION OR PROPOSITION Mark a cross (X) in the square at the LEFT for approval of the Question (Proposition) or for rejection of the Question (proposition). (Insert a brief description of the Question or Proposition). [ ] YES - FOR APPROVAL [ ] NO - FOR REJECTION Sec. 7-14. Absentee voting: adoption of State Law. Absentee voting shall be permitted at any election and the Council does hereby, by reference adopt and make a part of this Code each and every provision as to absentee voting under Chapter 101, Florida Statutes, as applicable to elections in the City. Sec. 7-15. Use of voting machines, State Law adopted. Use of voting machines in any City Election is permissable. The Council does, hereby, by reference, adopt and make a part of this Code the provisions of Chapter 101, Florida Statutes, pertaining to voting machines as applicable to elections held by the City. When- ever voting machines are used the Council shall have printed ballots for absentee voting and in case the voting machine should break down sufficient ballots equal to twenty-five (25) percent of the registered qualified voters. If more than one machine is used the voters shall use the other machine before using the printed ballots. Sec. 7-16. Election officers: compensation: State Law adopted. The Council shall appoint and notify, at least ten (10) days before any election, an election inspection board, which shall consist of three (3) inspectors and a clerk, all of whom must be registered qualified electors. If voting machines are used there shall also be appointed a like qualified inspector for each voting machine. A registered qualified elector who cannot read and write shall not be qualified to serve on the board. The Council may appoint as many election inspection boards as necessary and when so appointed the duties of each board shall be the same as those set forth in Chapter 102, Florida Statutes, which provisions thereof, by reference, are hereby adopted. The inspectors and clerk shall be paid for their services in amounts as set by the Council before each election. Sec. 7-17. Conduct of election: tabulation: Board of Canvassers. The election inspection board shall conduct the voting beginning at seven o'clock a.m. and closing at seven o'clock p.m. Thereafter they shall count the vote and make out their returns on forms furnished by the Supervisor of Elections. All balloted, voted and not voted, tabulation sheets, and instructions shall be delivered to the Chief of Police who in turn must deliver them the following day to the City Clerk. In all elections to be held in the City the City Council is hereby constituted a Board of Canvassers, whose duty it shall be, within six (6) days after the election, to meet and canvass the returns thereof and declare the result. . CITY OF CLERMONT . CODE ORDINANCES 240-C Page -5- Secs. 7-18, 7-19. Reserved. The following Sections of this Ordinance are hereby repealed: Sec. Sec. Sec. Sec. Sec. Sec. Sec. Registration - City Clerk registration officer. 7-20. 7-21. 7-22. 7-23. 7-24. 7-25. 7-26. Same - Same Same Same Same Same Books. Oath. Hours books kept open. Registration of voters. purging of books: duty of Council. Marriage, etc.: re-registration. Sec. 7-27. Same - State Law to govern. In all matters not otherwise provided for herein as to the registration of electors and election procedures, the Laws of the State of Florida shall govern. Sec. 7-28. Examination of books: delivery of lists to election officers. Sec. 7-28 is hereby repealed. Sec. 7-29. Reserved. SECTION 2. All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. SECTION 3. Should any section or part of this section be declared invalid by any court of competent jurisdiction, such ajudications shall not apply to or affect any other provision of this ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 4. This ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its second reading and final passage. SECOND READING THIS 2B#t DAY OF Z1~AY OF \.1 ,£U¡ (J~ 7rt dJt.(1 Jïj . , 1984. FIRST READING THIS , 1984. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE 2. 7<1-k DAY /),., 1!t.aJt"fJ t:JíAJL 13. 13-p --a.P. _ CHARLES B. BEALS, MAYOR , 1984. COUNTY, FLORIDA THIS ATTEST: ~~~d~LERK