State law was recently amended to change the State’s presidential preference primary from “…the first Tuesday that the rules of the major political parties provide…” to the third Tuesday in March of each presidential election year. Because of the Supervisor of Elections directive, beginning in 2016, this date will now be the third Tuesday in March (March 15, 2016) instead of the second Tuesday and we will be changing our election date accordingly.
In a follow-up to the legal notice number 28229, Ordinance #2015-08 that was published in this week's local newspaper regarding changing a municipal election date, this is what the Florida Statutes say:
The 2014 Florida Statutes
Title IX
ELECTORS AND ELECTIONS
Chapter 101
VOTING METHODS AND PROCEDURE
101.75 Municipal elections; change of dates for cause.—
(1) In any municipality, when the date of the municipal election falls on the same date as any statewide or county election and the voting devices of the voting system used in the county are not available for both elections, the municipality may provide that the municipal election may be held within 30 days prior to or subsequent to the statewide or county election.
(2) The date of the municipal election shall be set by the municipality by ordinance.
(3) Notwithstanding any provision of local law or municipal charter, the governing body of a municipality may, by ordinance, move the date of any municipal election to a date concurrent with any statewide or countywide election. The dates for qualifying for the election moved by the passage of such ordinance shall be specifically provided for in the ordinance. The term of office for any elected municipal official shall commence as provided by the relevant municipal charter or ordinance.
History.—ss. 1, 2, ch. 59-493; s. 1, ch. 76-68; s. 24, ch. 77-175; s. 5, ch. 92-16; s. 26, ch. 2001-40; s. 4, ch. 2007-30; s. 23, ch. 2008-95; s. 42, ch. 2011-40.
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However, to make the matter even more confusing, Section 166.031 states that any Charter change must be by vote of the electorate. I have requested staff's opinion on this matter that was under New Business at Tuesday Night's meeting that passed on a 5/0 vote. Click here. **
1 comment:
It is evident that the State continues to make laws that force municipalities to fall into line with their at-will changes that at times disregard our Charter and makes it moot.
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