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Ord 02-05 (" '~ ORDINANCE NO.2-OS AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 34, "ELECTIONS", SECTION 34.01, "STATE LAW TO GOVERN", EXEMPTING ITSELF FROM THE PROVISIONS OF SECTION 101.657, F.S., SPECIFICALLY RELATED TO EARLY VOTING; PROVIDING FOR RELETTERING; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has adopted revisions to Section 101.657 of the Florida Statutes, which relates to early voting; and, WHEREAS, State law, F.S. 100.3605(1) allows cities to "opt out" of the provisions of Section 101.657, the early voting requirements, by adopting an ordinance stating its intent to "opt out" of the early voting provisions; and, WHEREAS, the City of Delray Beach feels that it is in the best interest of its citizens to "opt out" of the early voting provisions contained in Section 101.657 F.S. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA: Section 1. herein. The recitations set forth above are hereby incorporated as if fully set forth Section 2. follows: That Section 34.01, "State Laws to Govern", is hereby amended to read as Section 34.01. State Laws to Govern. .(A) All elections, except as otherwise provided by the Charter and ordinance, shall be conducted according to the principles adopted for the State Election Code". .(ID. Notwithstanding Section 34.01 (A) above or other ordinances to the contrary. the City of Delray Beach exempts itself from the early voting requirements of Section 101.657. F.S. for municipal elections and shall not conduct early voting for City of Delray Beach municipal election. I r '-, ~~ Section 3. That should any section or proVls10n of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. 'f6~ PASSED AND ADOPTED in reguiar session on second and final reading on this the day of ~~'\ ,2005. 8~o; ~ ATTEST: ~~~. ~~ CITI CLERK First Reading ,,~~ ~,~'\~ .. Second Reading 2 ORD NO.2-OS MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGERff71 AGENDA ITEM # \C ~ - REGULAR MEETING OF JANUARY 18.. 2005 ORDINANCE NO. 2-05 TO: FROM: DATE: JANUARY 14,2005 This ordinance is before the Commission for second reading and public hearing to amend Chapter 34, "Elections", Section 34-01, "State Law to Govern", to "opt-out" of the provisions of Section 101.657, Florida Statutes, the early voting requirements. At the fIrst reading on January 4, 2005, the Commission passed Ordinance No.2-OS. Recommend approval of Ordinance No.2-OS on second and final reading. S:\City Clerk\agenda memos.Ord 2-05 Early Voting Requirements Exemption.01.18.0S ~ [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 200 ~W ht AVENUE· DELRAY BEACH. FLORIDA 33444 TELEPHO]\;E :"61 !2-+~-7()9() . FACSPvlILE- :"61/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH ~ All-America City , , III! DATE: 1993 TO: 2001 MEMORANDUM December 28,2004 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Exemption from Early Voting Requirements for Municipal Electionsl Ordinance 02-05 Recently, the Department of State opined that a municipality may "opt out" of early voting requirements, by ordinance. Attached is a letter from the Department of State, Division of Elections on the matter. Currently, the City's ordinance states that state statutes shall govern municipal elections. In order to not conduct early voting for municipal elections, Ordinance No. 02-05 is provided for your consideration. Chevelle Nubin, City Clerk will be providing additional information. Please place this ordinance and backup information on the January 4, 2005 City Commission a da Attachment \~~ ~(~.: 0V[Î.~~~~, \ i!::t.-i \~:~ rUt I -1.1» ,\ ' J I \;,. ;, ,'1- ~ , "'..... ~ ......., . ,,~,_~, :-;-;;;: ':/.: ~ 5985 Tenth Avenue North Greenacres, FL 33463-2399 (561) 642-2017 (561) 642-2004 Fax' Emaíl: grpadm@cf.greenacres.fl.us Samuel J. Ferreri Mayor Wadle Atallah City Manager City of Greenacres November 10, 2004 Ms. Sharon Larson, Esquire Department of State Division of Elections R. A. Gray Building 500 South Bronough Tallahassee, FL 32399-0250 t'=iËCË/VËD DEe 1 3 2004 CITy CLERK IIQGENT RESPONSE. REQUESTED RE: EarlyVoting - F.S. 100.3605(1) and F.S. 101.657(1)(a) Voting Methods and Procedures as it applies to Municipal Elections Dear Ms. Larson: During a Florida Association of City Clerks (FACC) Conference, there was a presentation given by a County Supervisor of Elections relative to Early Voting requirements as it applies to municipalities. For municipal elections, the City Clerk is the Filing Officer for candidates and is the Municipal Supervisor of Elections. The County Supervisor of Elections presenter at the F ACC conference stated she was advised by the Florida Division of Elections that, with the enactment of Senate Bills 2346 and 516, the laws requiring early voting would apply to municipalities. (Requirements to include early voting in his/her office at least eight (8) hours per weekday, beginning fifteen (15) days prior to an election; and also, would have to include eight (8) hours of voting on two weekends prior to the election. The voting in the office would have to be done on an specific unit, and the City Clerk would be required to submit written Security Procedures to the Division prior to beginning the early voting (not sure of the time frame to submit.) F.S. Section 100.3605 (1), states: (1) The Florida Election Code, Chapters 97 -106, shall govern the conduct of a municipality's election in the absence of an applicable special act, charter, or ordinance provision. No charter or ordinance provision shall be adopted which conflicts with or exempts a municipality from any provision the Florida Election Code that expressly applies to municipalities. Palm Beach County has thirty-seven (37) municipalities that prepare for and conduct Municipal Elections, most of them holding their elections in March. The Municipal Clerks are in the process of preparing for their Municipal Elections now and are concerned about "how early voting requirements apply to municipalities". Our county has very small, medium and large sized municipalities; and therefore, the early voting legislation brings a variety of questions. Richard C. Radcliffe Councilman District I Peter A. Noble Councilman District II Charles E. Shaw Councilman District III Theresa L. Whalen Councilwoman District IV Michael V. Mortimer Councilman District V .,¡. . .. Division of Elections - Early Voting Requirements Page 2 Therefore, on behalf of the Palm Beach County Municipal Clerks Association and the City of Greenacres, I respectfully request an official response from the Division of Elections regarding the following early voting legislation: \ Question 1.) Are municipalities required to provide early voting for electors prior to a municipal election; or can the municipality "opt out"? Question 2.) If a municipality decides to provide early voting, must the municipality fully comply with the statutory requirements of the Election Code, including the provision of providing written "Security Procedures" that must be submitted to the Division of Elections prior to early voting. What is the time frame for submittal of Security Procedures? (# _ days before early voting.) F.S. Section 101.657, states: "In order for a branch office to be used for early voting, it shall be a full- service facility of the supervisor and shall have been designated as such at least 1 year prior to the election." Question 3.) What is the definition of a "branch office" and a "full-service facility of the supervisor" referenced in this section? It would be appreciated if you could respond to these questions as soon as possible. There are many concerns that need to be addressed if early voting is applicable and required for municipalities, especially if there is no "opt out" or "exemption" provision. Thank you in advance for your assistance and early response. Sincerely, '-f~ ondra K. Hill, CMC City Clerk PBC Municipal Clerks Association Board Member cc: Wadie Atallah, City Manager Deborah S. Manzo, Assistant City Manager ~~~ ~N¿ l' . ~~~~.\~ ~!,._:~ !. f.i. ï-: ~ ~·t ,·7 .'~ -~7~l:~(.{""~" \\~)~';~: :.,,: et.'V~ /"" ~ .. ~~d V ¡t?8¿'~~ , , Jeb Bush ' Governor STATE OF FLORIDA DEPARTMENT OF STATE DMSION OF ELECTIONS Glenda E. Hood Secretary of State ~ovember24,2004 ..., . /' . Sondra K. Hill, CMC City Clerk City of Greenacres 5985 Tenth Avenue North Greenacres, F133463-2399 ,:\ECEIVED DEC 1 3 2004 crT~{ CLERK OE"C 0 ~ 2004 i 1 I __"J Dear Ms. Hill: This is in response to your recent letter regarding early voting requirements and their applicability to municipal elections. As you know, the early voting provisions contained in section 101.657, Florida Statutes, went into effect on July 1,2004 of this year. . First, the early voting provision does not expressly apply to municipalities. As a result, pursuant to section 100.3605(1), Florida Statutes, a municipality holding an election may choose to "opt out" of conducting early voting through a charter or ordinance provision. Second, if a municipality does not opt out of section 101.657, Florida Statutes, then the municipality would be subject to all of the requirements associated with early voting, including the filing of security procedures (which pursuant to _ section 101.015(4)(c), Florida Statute$, are due .45 days prior to the c0111inenée~ent of early yoting). However. a municipality by charter or ordinance can specify their' oWn process and procedure for the conduct of early voting as it relates to their municipal elections. So as an alternative to totally opting out, they could create a shorter time period for early voting, etc. However, for election integrity purposes you would still want to create security procedures with regard to early voting, but you could specify a different place for them to be filed. Finally, although section 101.657, Florida Statutes, does not define the tenns "branch office" or "full service facility of the supervisor," a reading of the section in its entirety makes it clear that the Legislature was trying to specify that Supervisors could only use real branch county supervisor of elections offices which had been in existence for some R.A. Gray Building, Room 316 · 500 S. Bronough Street · Tallahassee, Florida 32399-0250 · (850) 245-6200 FAX: (850) 245-6217 · http://www.dos.state.fl.us · E-Mail: DivElections@dos.state.jl.us .. " Ms. Sondra K. Hill November 24, 2004 Page 2 time (ie. the 1 year and full sérvice requirements) and not ones being created solely for the purpose of conducting early voting. Please do not hesitate to contact me if I can be of further assistance. Sincerely, ~ ){l~ Sharon D. Larson Assistant General Counsel SDUabt ItEl: - 2E:- 2C10~ 1:': 36 '=.UF'Epl I I '=.op OF ELE( T I Ot E. 5~.1 656 ~.287 F'.C12 , · Staffing: 4 - 6 Poll Workers per location at a rate of $12.00 per hour. (Approximate cost $8,640.00) · Training Cost - $10.00 per hour. (Approximate cost $600.00) · Advertising · Provisional Ballots and Envelopes ($75.00 - $100.00) · Miscellaneous Office Supplies f-G\~i ~~) ~Cls\s TOTHL F'.02 ORDINANCE NO.2-OS AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 34, "ELECTIONS", SECTION 34.01, "STATE LAW TO GOVERN", EXEMPTING ITSELF FROM THE PROVISIONS OF SECTION 101.657, F.S., SPECIFICALLY RELATED TO EARLY VOTING; PROVIDING FOR RELETTERING; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has adopted revisions to Section 101.657 of the Florida Statutes, which relates to early voting; and, WHEREAS, State law, F.S. 100.3605(1) allows cities to "opt out" of the provisions of Section 101.657, the early voting requirements, by adopting an ordinance stating its intent to "opt out" of the early voting provisions; and, WHEREAS, the City of Delray Beach feels that it is in the best interest of its citizens to "opt out" of the early voting provisions contained in Section 101.657 F.S. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA: Section 1. herein. The recitations set forth above are hereby incorporated as if fully set forth Section 2. follows: That Section 34.01, "State Laws to Govern", is hereby amended to read as Section 34.01. State Laws to Govern. (A) All elections, except as otherwise provided by the Charter and ordinance, shall be conducted according to the principles adopted for the State Election Code". (ID Notwithstanding Section 34.01 (A) above or other ordinances to the contraJ1. the City of Delray Beach exempts itself from the early voting requirements of Section 101.657. F.S. for municipal elections and shall not conduct early voting for City of Delray Beach municipal election. Section 3. That should any section or proVlsion of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2005. MAYOR ATTEST: CITY CLERK First Reading Second Reading 2 ORD NO.2-OS ~e: COAð{()J¡V1e- (~) www.~.coor. 8Oc~rßatmlDèlray Beach-News - l'hursday, Jäóuary 6IFrlday, January 7,2005 31 '100 ANNOUNCEMENTS .~ - LEGAL NOTICES QT1' OF IIBIIAT IIUaI, R.OIIIDA IIO'RCE OF fIUIIUC IEARtIIG A PUBUC HfARING wit be held OR the following )II)IOSId ordinance:s at 7:00 p.m. onlUESOAY. JANUARY 18; =-::3is~~ =~' roo~w~~ = Beach, FIoc1da. at wIIich·tine the Cily ~~~~ inspected at the Office of the Cily"'ð:: at cay Hall. 100 N.W. 1st Avenue, Del- r.r¡ Beach, Florida, between the hours of 8:00 am.. ànd 5:00 p,m., Monday ~~~~~ and be heanI with respect 10 the pr0- posed onMances. OROOWICE NO. 1H4 M ORDINANCE OF rue CIlY C0M- MISSION OF THE CITY OF œ.RAY BEACH, RDRIOA, AM3IDING THE lAND~ REGlIATIONS OF me CßY OF DElRAY BEACH, BY AMENDING SECOON 2.42(8), "PU8- UC HEARING REQUIREMENtS-, TO PROVIDE FOR BJMINATION OF CER- TAIN Na1lCES NOT RRlUlREO BY STATE LAW AND AOOING rEW PUB- LIC NOTICE REOUIAEMENTS N4D BY PROVIOIHG lMAt THE CONDUCT OF A. PœUC HEARING SIWJ.. lIE IN ACCORDANCE WITH ADOPTED --RUlES; fJV AMENDING SECTION ~,;gr=:~~ RECT REfERENCE 10 CERTAIN NOTICE REOOIRBÆNTS; BY ~~~.=~ 0PMENf REGUlATIONS", TO PR0- VIDE RJR GRAMMATICAL QiANGES MO Q.AR/PfING CERTAIN-lIMITS toR AMENDMENtS TO THE IN<<J O£VElOPMENT REGUlATJONS; -~~~~ HISTORIC sms OR DISTRICtS WIU. COtEORM TO THE ~ GIVEN ~ 100 I-- ~I LEGAL NOTICES LEGAL NOTICES tQH HtLUNINü1:> txGl:t' I I HI: PHUp· ERTY NEED NOT BE POS~D, PRO- VIDING A SAVINGS CLAUSE, A GEN- ·ERAl REÆALER CLAUSE. AND AA EfÆC.TIVE DATE. ORDINANCE NO. 1-415 AN ORDINANCE OF THE CITY COM- MISSION OF THE CITY OF OElRAY BeACH, A.ORIDA. MODIFYING THE COMMUNITY REDEVELOPMENT PlAN FOR THE CITY OF OELRAY 8EAGH; ANDING THAT THE MaDIA· CATIONS CONfORM TO THE COM· MUNITY REDEVELOPMENT ACT OF 1969. ,AS AMENDED; ANDING THAT I THE MODIfICATIONS ARE CONSIS- TENT WITH THE CITY OF OELRAY BEACH'S COMPREHENSIVE _ PlAN, 'I AND MAKING RJRTHER PlNDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF R.ORIDA I STATUTE 163.360: PROVIDING A GENERAl REPEAI.£R CLAUSE. A SAVING ct.AUS£ AND AN EffEC1lVE DATE. œDINANCE, NO. 2-85 AN ORDINANCE OF THE Cln' COM- MISSION Of T1i£ -CITY Of OElRAY BEACH. R.ORI[ÏA, AMENDING CHAP- TER 34. elECTIONS", SECTION 34.01, "STATE LAW TO GOVERN", EXEMPllNG ITSELF FROM THE PRO- VISIONS OF SECTION 101.657, f.s~ SPECIfIGALl Y RB.ATEO TO EARLY VOTING; PROVIDING Rm RB£rTER- ING: PROVIDING A GENERAl REPEAlER ClAUSE, A SAVING ClAUSE AND AN 8fECl1VE DATE. ORDIIIMŒ NO. 3-«i AN ORDINANCE OF THE CITY COM: MISSION· OF THE CITY OF DB..RAY 1IfACH, R..ORIOA, AfÆNOING CHAP- TER 96, 'FIRE SAFElY AND £MER- GFJ«:V SERVICES', OF THE CODE OF 0R0INAtŒS OF me CIlY OF DEl- RAY ØE1œ, frt AMENDING SECTION -~~~,~ ~~~~ teAl TRANSPORTATION IN ACC0R- DANCE WITH 'tHE NAlJONAlAMERI- rJ\N fEE SCHEDUlE; PROVIDING A SAVING ClAUSE, A GENERAl- REPEALER ClAUSE AND AN EfÆC- 1M DAlE Please be ad'4Ised tIIå I a petSOI'I decides ~ appeal any decision made by the CIIV CommIssion wIIh nISfIG to II1Y mailer tIII1SIdInd It these Þear- Ings, such IeISOII may tieed to __ ... a WIIbafin I8COn1Inc1udes the llls- =: and INIdenœ \@III whth the Is to be based. The CIIv does =::. ~05~ AIaJId. CITY OF OELRAY BEACH CheveI1e D. Nubtn CIty Clelk PUBLlSH~ Thursday, Januaty 6, 2005 Boca RatonlDelray Beach News Ad #119381