AGENDA ITEM REPORT
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AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 8, “ELECTIONS,” ARTICLE III, “CANDIDATES,” BY AMENDING SECTION 8-52, “TIME FOR QUALIFYING,” TO PROVIDE FOR A QUALIFYING TIMELINE THAT IS CONSISTENT WITH STATE ELECTION LAWS. (SECOND READING)(PUBLIC HEARING)
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BACKGROUND:
This item was approved on First Reading at the November 10, 2022, City Commission Meeting.
The City’s election code was enacted in the 1980s and revised in 2018 to comport with changes contained in Title IX, “Electors and Elections,” of the Florida Statutes. The goal of this revision is to bring clarity to the City’s municipal qualifying process.
Chapter 75-350, Laws of Florida, is an act of the Florida Legislature that specifically relates to Broward County, and as such, it is identified as a special law, which is not codified within the organizational framework of the Florida Statutes (hereinafter “Special Law”). The Special Law seeks to provide for uniform filing and election dates for all municipal elections in Broward County. The Special Law has been amended several times over the course of its history, to wit: Chapters 2004-443, 2005-318, and 2012-253, Laws of Florida.
DISCUSSION:
To ensure consistency between the City’s Code of Ordinances and the Special Law, this ordinance amends Section 8-52, “Time for qualifying,” of the City’s Code of Ordinances, to mirror the language used in the Special Law describing the potential window of time for municipal clerks to hold candidate qualifying periods. The time for qualifying shall be held no earlier than noon on the first work day in January nor later than noon on the 7th day following the first work day in January of the calendar year in which the election is to be held.
RECOMMENDATION:
Staff recommends approval of this ordinance.
FISCAL IMPACT: N/A