Chapter 21 - ELECTIONS

Sec. 18B.17. - Penalties. Chapter 22 - ELECTRICAL CODE Chapter 21 - ELECTIONS[1]

Footnotes: --- (1) ---

Charter reference— Elections generally, ch. 2, §§ 1—23.

Cross reference— Betting on elections, § 27.07.

Sec. 21.01. - Nonpartisanship Required.

Municipal elections shall be nonpartisan and all officers shall be elected without reference to their registration status.

(Ord. of 2-8-1956, § 26.01; Ord. of 8-2-1982, Doc. #17146)

Sec. 21.02. - Time of Holding.

Municipal elections shall be held on the first Tuesday after the first Monday in November of each odd numbered year.

(Ord. of 2-8-1956, § 26.02; Ord. of 8-2-1982, Doc. #17146; Ord. of 5-2-1994, Doc. #27502; Ord. of 8-14-1995, Doc. #28705; Ord. of 9-8-1997, Doc. #30568; Ord. of 7-9-2007, § 1, Doc. #0707091005; Ord. No. 2011-27, § 1, 7-11-2011, Doc. #1107111106; Ord. No. 2015-18, § 1, 5-4-2015, Doc. #1505041203)

Sec. 21.03. - Municipal Elections to be General Elections.

Municipal elections held as provided in this Chapter shall be general municipal elections and no other municipal, primary or general election shall be necessary.

(Ord. of 2-8-1956, § 26.03; Ord. of 8-2-1982, Doc. #17146; Ord. of 8-14-1995, Doc. #28705; Ord. of 7-9-2007, § 2, Doc. #0707091005; Ord. No. 2011-27, § 2, 7-11-2011, Doc. #1107111106)

Sec. 21.04. - Special Elections.

In the event any vacancy or notice of upcoming vacancy due to an irrevocable resignation occurs in the office of any member of the City Council and a special election is required by law to fill the vacancy, such special election shall be called and held as provided by the Charter and the notice provisions of the Florida Statutes governing special elections.

(Ord. of 2-8-1956, § 26.04; Ord. of 8-2-1982, Doc. #17146; Ord. of 1-10-2000, § 1, Doc. #32604)

Charter reference— See ch. 2, §§ 1, 2.

Sec. 21.05. - Elimination and Run-Off Elections.

If there should be more than two candidates for any office and no one candidate receives a majority of the votes cast in the municipal election, then the two candidates receiving the highest vote in the first election shall run again in a run-off municipal election to be held approximately four weeks after the general election as scheduled by the City Clerk; and then the candidate receiving the majority of the votes cast at such run-off election shall be elected.

(Ord. of 2-8-1956, § 26.05; Ord. of 8-2-1982, Doc. #17146; Ord. of 5-2-1994, Doc. #27502; Ord. of 8-14-1995, Doc. #28705; Ord. of 9-8-1997, Doc. #30568; Ord. of 7-9-2007, § 3, Doc. #0707091005)

Sec. 21.06. - Qualification of Candidates.

All candidates for office in municipal elections shall be registered and qualified electors of the City at the time of their qualifying as a candidate with the City Clerk. Candidates for office in such elections shall qualify with the City Clerk by filing application designating the office for which they are candidates and paying the qualifying fee provided for in Section 21.07. Such application shall be filed and the qualifying fee paid at any time after noon on the first day of the qualifying period, but no later than noon on the last day of the qualifying period. The qualifying period shall be set approximately sixty days before the general election with the exact dates established by resolution of City Council and published as part of the proclamation required by Section 21.08.

(Ord. of 2-8-1956, § 26.06; Ord. of 8-2-1982, Doc. #17146; Ord. of 7-26-1990, Doc. #24096; Ord. of 5-2-1994, Doc. #27502; Ord. of 8-14-1995, Doc. #28705)

Sec. 21.07. - Qualifying Fees.

All candidates for City Commissioner and for Mayor-Commissioner, qualifying as provided in this Chapter, shall pay a qualifying fee of two percent of the annual salary for the office sought, which qualifying fee shall be paid to the City Clerk and deposited into the general fund. The City Clerk shall collect and disburse any other sums as required by Florida Statutes.

(Ord. of 2-8-1956, § 26.07; Ord. of 8-2-1982, Doc. #17146; Ord. of 7-17-1989, Doc. #23147; Ord. of 5-21-1990, Doc. #23933)

Sec. 21.07-1. - Alternative Method for Qualifying Fee; Signature Verification; State Election Assessment.

(1)

Alternative Method. A candidate who seeks to qualify for any office in a municipal election can have the qualifying fee waived by satisfying the petition requirements set forth herein and applicable Florida Statutes. Such candidate must also satisfy all other requirements for qualification.

(2)

Required Number of Signatures. In order to qualify for office by means of a petitioning process, a candidate shall obtain signatures of at least 3% of the registered electors for the office being sought as of January 1 of the year of the election; in the case of City Commissioner, 3% of the registered electors of the District, and in the case of the Mayor-Commissioner, 3% of the registered electors of the City as a whole. Except that, in the election cycle immediately following the U.S. decennial census and the subsequent City of Orlando redistricting, candidates for City Commissioner may qualify by obtaining the signatures of .005 of the registered electors of the City as a whole. If a candidate is unable to collect the required number of signatures, the candidate can still qualify by paying the qualifying fee. Such candidate must also satisfy all other requirements for qualification.

(3)

Notice of Intent Collect Petitions. Any candidate seeking to collect signed petitions in lieu of paying the qualifying fee, shall file with the City Clerk a Notice of Intent to Collect Petitions, or such other form as prescribed by the City Clerk, prior to beginning the collection of signed petitions. The dates for submission of said Notice shall be set by the City Clerk to begin approximately one hundred (100) days prior to the qualifying period. Any signatures that are collected prior to the submission of the Notice of Intent to Collect Petitions shall be considered invalid and not counted. Signatures for all candidates are valid only for the next general election qualifying period for that office immediately following the filing of the Notice of Intent to Collect Petitions.

(4)

Format of Petition. All petitions shall comply with Florida Statutes ch. 99, as amended, unless there are no requirements set forth by Florida law, then said petitions shall comply with petition requirements prescribed by the City Clerk.

(5)

Submission of Petitions. Each signed petition must be submitted to the City Clerk before noon of the 28th day preceding the first day of the qualifying period for the office sought along with payment to the City of Orlando for verification of signatures, as set forth in Subsection (6) below. The City Clerk shall submit the petitions and payment to the Orange County Supervisor of Elections in order to verify the signatures and the status of the voters in the city or district of the office sought.

(6)

Charges for Verification of Signatures. Pursuant to Florida law, the City of Orlando shall be paid in advance for verification of signatures. If a candidate cannot pay such charges without imposing an undue burden on personal resources or on the resources otherwise available to such candidate, the candidate may have the signatures verified at no charge upon written certification of such inability given under oath to the Supervisor of Elections, by filing an Affidavit of Undue Burden as required by Florida law with the City Clerk upon submission of the petitions. Pursuant to Florida law, if any person is paid to solicit signatures on a petition, an undue burden oath may not subsequently be filed in lieu of paying the fee to have signatures verified for that petition. If an undue burden oath has been filed and payment is subsequently made to any person to solicit signatures on a petition, the undue burden oath is no longer valid and a fee for all signatures previously submitted to the Supervisor of Elections and any that are submitted thereafter shall be paid by the candidate who submitted the undue burden oath. If a candidate receives any monetary contributions, the candidate must reimburse the City Clerk pursuant to Florida law for any signature verification fees that were not paid because of the affidavit.

(7)

State Election Assessment. Notwithstanding the above, a candidate is required to pay the Florida state election assessment as required by Florida Statutes § 99.093, as amended, unless the candidate files with the City Clerk an Affidavit of Financial Hardship, or other form as prescribed by the City Clerk, prior to or at the time of qualifying.

(Ord. of 5-21-1990, Doc. #23933; Ord. of 9-8-1997, Doc. #30568; Ord. of 10-29-2001, § 3, Doc. #011029707; Ord. Of 7-9-2007, § 4, Doc. #0707091005; Ord. No. 2018-55, § 1, 10-8-2018, Doc. #1810081202)

Sec. 21.08. - Proclamation.

The Mayor shall issue a proclamation calling the municipal elections provided for in this Chapter, which proclamation shall be published in a newspaper published in the City twice during the four months prior to the general municipal election.

(Ord. of 2-8-1956, § 26.08; Ord. of 8-2-1982, Doc. #17146; Ord. of 5-2-1994, Doc. #27502; Ord. of 8-14-1995, Doc. #28705)

Sec. 21.09. - Election Boards.

An election board is a body charged with overseeing the implementation of election procedures. The election boards appointed by the Board of County Commissioners of Orange County for voting precincts within the City shall be and hereby are designated and appointed as election boards for the municipal elections provided for in this Chapter. Notwithstanding the requirements of the Florida Statutes, the City Clerk shall determine the appropriate election board training requirements for all City of Orlando elections. Provided, that if under any circumstances, it is improper or impractical to use the election boards appointed by the Board of County Commissioners, the Mayor or City Clerk shall name, designate and appoint election boards for the municipal elections. Should a vacancy occur in such election boards, the Mayor or City Clerk shall fill such vacancy by appointment.

(Ord. of 2-8-1956, § 26.09; Ord. of 8-2-1982, Doc. #17146; Ord. of 5-2-1994, Doc. #27502; Ord. of 8-14-1995, Doc. #28705; Ord. of 11-15-1999, § 1, Doc. #32480; Ord. of 10-29-2001, § 2, Doc. #011029707; Ord. No. 2018-55, § 2, 10-8-2018, Doc. #1810081202)

Sec. 21.10. - Registration of Voters.

Voters in a municipal election shall be registered in the manner provided for by the Florida Statutes governing registration of voters. By the foregoing provision of this section it is intended to require that a voter be registered in accord with the requirements of the permanent registration system heretofore adopted by Orange County, in order to participate as a voter in the municipal elections herein provided.

(Ord. of 2-8-1956, § 26.10; Ord. of 8-2-1982, Doc. #17146)

Sec. 21.11. - Closing of Registration Books.

The registration of voters for municipal elections provided for in this Chapter shall be in the same manner as the registration of voters for the state or county elections, and the registration books shall close as provided for by State or federal law.

(Ord. of 2-8-1956, § 26.11; Ord. of 8-2-1982, Doc. #17146; Ord. of 5-2-1994, Doc. #27502; Ord. of 11-15-99, § 2, Doc. #32480)

Sec. 21.12. - Canvass of Returns.

Returns shall be canvassed in the manner provided for the canvassing of returns of state and county primary elections to the extent that the same are applicable and appropriate to the canvassing of returns for the elections provided for in this Chapter; provided, that for City elections not held in conjunction with a county-wide election, in lieu of the county canvassing board provided for in applicable state laws, there shall be a City canvassing board to canvass the returns in municipal elections. Such City canvassing board shall consist of the City Clerk and two (2) members of the City Council to be designated by the Council. The canvassing board shall canvass the returns and issue its certificate to be recorded in the minutes of any City Council meeting held immediately following the filing of the certificate. When the City holds its election in conjunction with a county-wide election, the City Clerk will obtain a certification of the results of the election from the Orange County Canvassing Board and shall submit it to City Council to be recorded in the minutes of the next City Council meeting.

(Ord. of 2-8-1956, § 26.12; Ord. of 8-2-1982, Doc. #17146; Ord. of 11-15-1999, § 3, Doc. #32480; Ord. of 7-9-2007, § 5, Doc. #0707091005)

Sec. 21.13. - Wards and Precincts.

The City is divided into six (6) election wards to correspond with the six (6) City Commissioner's districts prescribed by law, but it is directed and provided that voting shall be according to election precincts within the wards, which precincts have heretofore been or may hereafter be established by the Board of County Commissioners of Orange County, it being intended hereby to provide for voting in municipal elections according to county precinct lines within the limits of the City provided, however, that, in the event the Board of County Commissioners should fail, neglect or be unable to establish precincts all of which would be within the City limits of the City, then only qualified voters of such precincts living within the City limits of the City shall be entitled to vote in the municipal elections and the City Clerk and Supervisor of Elections shall make proper arrangements for such qualified voters to vote in the municipal elections. Nothing in this section shall prevent the City or Supervisor of Elections from consolidating more than one precinct in a single polling location.

(Ord. of 2-8-1956, § 26.13; Ord. of 10-6-1980, Doc. #15867; Ord. of 8-2-1982, Doc. #17146; Ord. of 5-2-1994, Doc. #27502)

Sec. 21.14. - Registration Books for Precincts.

The registration books provided by Orange County for each voting precinct within the City shall be the registration books to be used for the municipal elections provided for in this Chapter.

(Ord. of 2-8-1956, § 26.14; Ord. of 8-2-1982, Doc. #17146)

Sec. 21.15. - Voter Oath and Registration Certificate.

The oath required by law to qualify as a voter in state and county primaries and a registration certificate issued to voters within the City by the Supervisor of Elections of Orange County, as required by Florida Statute, shall be sufficient as an oath and registration certificate for the municipal elections provided for in this Chapter.

(Ord. of 2-8-1956, § 26.15; Ord. of 8-2-1982, Doc. #17146; Ord. No. 2018-55, § 3, 10-8-2018, Doc. #1810081202)

Sec. 21.16. - Voting Places.

Voting places for municipal elections shall be the same voting places as are designated by the Board of County Commissioners for state and county primaries unless consolidated as provided for in Section 21.13.

(Ord. of 2-8-1956, § 26.16; Ord. of 8-2-1982, Doc. #17146; Ord. of 5-2-1994, Doc. #27502)

Sec. 21.17. - Voting Machines.

Voting machines shall be used for voting in the municipal elections provided for in this Chapter in the same manner as such machines are used for voting in state and county primaries. The City Clerk is authorized to represent the City in whatever pre-election preparation may be necessary to ensure that City candidates, referendums or issues are properly placed on the ballot as may be prescribed by Florida Statute. The City Clerk shall ensure that a form of certificate of returns is completed which shall comply substantially with the form of certificate prescribed by Florida Statute conforming such form to the municipal elections provided for in this Chapter and shall distribute said certificate as required by Florida Statutes or the Orlando City Code.

(Ord. of 2-8-1956, § 26.17; Ord. of 8-2-1982, Doc. #17146; Ord. of 7-17-1989, Doc. #23147)

Sec. 21.18. - Vote by Mail and Early Voting.

Vote by mail and early voting in the municipal elections provided for in this Chapter shall be permitted and governed by the provisions of the Florida Statutes governing vote by mail ballots and early voting and such provisions are hereby adopted as a means of providing for vote by mail and early voting in any authorized municipal election. The Orange County Supervisor of Elections, pursuant to a contract with the City of Orlando, shall handle all matters relating to vote by mail and early voting processing; except that all vote by mail ballots and early voting ballots and tabulations for voting in stand-alone municipal elections received by the Supervisor of Elections shall be turned over and delivered to the City Canvassing Board and such ballots shall be canvassed by the City Canvassing Board in the manner prescribed by Florida Statute.

(Ord. of 2-8-1956, § 26.18; Ord. of 8-2-1982, Doc. #17146; Ord. of 7-17-1989, Doc. #23147; Ord. of 5-2-1994, Doc. #27502; Ord. of 8-14-1995, Doc. #28705; Ord. of 9-8-1997, Doc. #30568; Ord. of 10-29-2001, § 1, Doc. #011029707; Ord. of 1-24-2005, § 2, Doc. #050124909; Ord. of 7-9-2007, § 6, Doc. #0707091005; Ord. No. 2018-55, § 4, 10-8-2018, Doc. #1810081202)

Sec. 21.19. - Additional Duties of City Clerk.

The City Clerk is authorized and directed to have prepared such forms and perform such ministerial duties as are required by this Chapter by necessary implication in order to accomplish the objectives of this Chapter and the intent of the City Council in adopting it.

(Ord. of 2-8-1956, § 26.20; Ord. of 8-2-1982, Doc. #17146)

Sec. 21.20. - General Statutes Applicable.

At elections held under this Chapter, where any questions shall arise which are not settled by Acts of the Legislature particularly applicable to the City or by this Chapter, then and in such event the Florida Statute and particularly the Florida Statute governing election applying to like situations involving state and county elections shall govern, so far as the same may be applicable. In the application of such general laws, the City Clerk shall be substituted in lieu of the county Supervisor of Election and the City Council shall be substituted in lieu of the Board of County Commissioners whenever such substitution would give sense and meaning to such statutes insofar as the same would otherwise be applicable to municipal elections.

The General Laws of Florida shall be particularly applicable and controlling as to the handling of the City election, issuance of necessary certificates, assisting voters and similar responsibilities of the precinct boards of elections.

(Ord. of 2-8-1956, § 26.21; Ord. of 8-2-1982, Doc. #17146)

Sec. 21.21. - Applicability of Chapter to Elections Where Questions are Submitted.

At all elections at which any questions are submitted to the electors, including bond issues, this Chapter shall apply to the extent that it can be made applicable and is not otherwise governed by statute.

(Ord. of 2-8-1956, § 26.23; Ord. of 8-2-1982, Doc. #17146)

Sec. 21.22. - Petitions.

(1)

Petition Sponsor; Form Approval. The sponsor of any petition proposing an issue to be placed on the ballot, other than recall of an elected official which is governed by Florida law, shall, prior to obtaining any signatures, register with the City Clerk as a political committee pursuant to Florida law and submit the text of the proposed question to the City Clerk, on the proposed form on which the voter's signature shall be affixed, and shall obtain the approval of the City Clerk of such form. Concurrent with the submission of the proposed text and form, the sponsor of an initiative petition shall prepare and submit translations of the ballot title and ballot summary into those languages required by law for placement on the ballot. Each petition shall embrace but one subject and matters directly connected therewith.

(2)

Determination. Within fifteen (15) days after the submittal of the proposed form for the petition, the City Clerk will render a determination as to whether the form submitted meets the form requirements as set forth in Subsection 3 below. The City Clerk shall not review the accuracy, content, or legal sufficiency of the text of the material submitted. The City Clerk shall notify the sponsor, in writing, if the form requirements have been fulfilled.

(3)

Requirements of Petition Form. The format of the petition form will be deemed sufficient only if the petition form:

(a)

Is printed on separate cards or individual sheets of paper. The minimum size of such forms shall be 3 inches × 5 inches and the maximum shall be 8½ inches × 11 inches.

(b)

Clearly and conspicuously contains in the following order:

1.

The title "Ballot Petition Form" at the top of the form.

2.

The following three (3) statements as exactly worded below in a box on the top of the petition form in font/type size no smaller than 10 point:

(a)

"All information on this form, including your signature, becomes a public record upon receipt by the City Clerk."

(b)

"Under Florida law, it is a first degree misdemeanor, punishable as provided in F.S. § 775.082 and § 775.083, to knowingly sign more than one petition for an issue. [Section 104.185, Fla. Stat.]."

(c)

"If all requested information on this form is not completed, the form will not be valid."

3.

Adequate blank lines labeled for the voter's printed name, address, city, county, and blank lines for the voter's option to provide voter registration number or date of birth.

4.

The statement, "I am a registered voter of Florida and hereby petition the City of Orlando to place the following proposed issue to a vote by the City's registered voters."

5.

The ballot title, ballot summary, and the full text of the proposal. If the text must be printed on both sides of the form, it shall be clearly indicated that the text is continued or begins on the other side.

6.

Adequate blank lines for the date of the voter's signature and the voter's signature. The petition shall contain a blank line for only one voter's signature. The City Clerk will not approve petition forms providing for multiple signatures per page.

7.

A disclaimer that states "Initiative petition paid for and sponsored by (name and address of the sponsoring political committee)."

8.

An affidavit at the bottom of the petition form to be completed by a petition circulator or gatherer, if one is used, to be signed and verified by the petition gatherer under penalty of perjury pursuant to Florida Statutes § 92.525(1)(c), as amended, for each petition gathered by that petition gatherer stated as follows:

"Petition gatherers must complete the following Petition Gatherer's Affidavit:

Petition Gatherer's Name ___________

Petition Gatherer's Address ___________

Petition Gatherer - □ Paid □ Voluntary (Check appropriate response)

If paid, by whom ___________

If paid, check appropriate response: □ Hourly basis □ Per-signature basis □ Other basis (specify)  ___________

By my signature below, as petition gatherer, I verify that the petition was signed in my presence, that the petition signer had sufficient time to read the petition language, and that I believe the signature on the petition to be the genuine signature of the petition signer. Under penalties of perjury, I declare that I have read the foregoing Petition Gatherer's Affidavit and that the facts stated in it are true.

Petition Gatherer's Signature ___________"

9.

The notation "For Official Use Only" in the bottom right hand corner of the form, and directly underneath that notation, adequate blank lines labeled "Petition Number" and "Date Approved."

(4)

Additional Information or Materials. Other than providing information about a method by which the petition form may be returned by mail to the sponsoring committee, no additional information or materials shall be printed directly on the form.

(5)

Assignment of a Petition Number. The City Clerk shall assign a petition number to each approved petition form. The petition number assigned must be printed in the lower right hand corner of each petition form when reproduced.

(6)

Reproduction. Petition forms may be reproduced in newspapers, magazines, and other forms of printed mass media, provided such forms are reproduced in the same format as approved by the City Clerk.

(7)

Changes. Any change to a previously approved form, or additional types of petition forms to be circulated by a previously approved circulator, shall be submitted to the City Clerk in accordance with these provisions. No person or entity other than the sponsoring political committee of the previously approved petition form can submit a change or changes to the previously approved petition form. Any change(s) submitted for approval to a previously approved petition form constitutes a request for approval of a new petition form and shall be assigned a different petition number upon approval by the City Clerk. The new petition form shall be subject to all provisions of this Section 21.22, including Subsection 9.

(8)

Petition Gatherers. A "petition gatherer" is defined as any individual who gathers signatures in person for a petition.

(a)

Badge requirements. A petition gatherer gathering signatures for an initiative petition who is not being paid to do so shall display a badge that states the words "VOLUNTEER GATHERER." A petition gatherer gathering signatures for an initiative petition who is being paid to do so shall display a badge that states the words "PAID GATHERER." The badges required by this subsection shall be at least four (4) inches wide by three (3) inches long and shall be displayed on the chest of the petition gatherer in clear view of anyone signing or asked to sign the petition. The print on the badge shall be no smaller than thirty-point font, with the words "VOLUNTEER GATHERER" or "PAID GATHERER" in a bold-faced type that is clearly legible.

(b)

Responsibilities. The petition gatherer shall complete, sign and verify under penalty of perjury pursuant to Florida Statutes § 92.525(1)(c), as amended, the affidavit required on the petition form for each petition gathered by the petition gatherer.

(9)

Circulation; Submission of Petitions.

(a)

Petition Circulation. The beginning date of any petition drive shall commence from the date of approval by the City Clerk of the form on which signatures will be affixed, and said petition circulation shall terminate one hundred eighty (180) days after that date. In the event sufficient signatures are not submitted during that one hundred eighty day (180) period, the petition drive shall be rendered null and void and none of the signatures can be carried over onto another petition.

(b)

Submission. All signed petition forms shall be collected by the sponsoring political committee and only the sponsoring political committee shall submit the signed petition forms to the City Clerk for verification of signatures. The sponsor shall submit all signed petitions received during a month, including those gathered by petition gatherers, or otherwise received by the sponsor during such month to the City Clerk no later than the fifth (5th) day of the following month. Petitions signed by an elector but not gathered by a petition gatherer shall not be required to have a completed petition gatherer's affidavit, but such petitions shall be submitted by the sponsor to the City Clerk with an accompanying statement signed and verified under penalty of perjury pursuant to Florida Statutes § 92.525(1)(c), as amended, averring that such accompanying petitions were submitted by the signing elector directly to the sponsor and were not collected by a petition gatherer, and stating the month during which such petitions were received by the sponsor. No signature shall be valid unless handwritten and submitted on a paper petition form completed and submitted in a manner consistent with this section. No signed petition form shall be valid if all the information on the petition form is not completed.

(c)

City Clerk Duties. If the required number of petitions and payment for signature verification as set forth in Subsection 10 below are submitted during the one hundred eighty day (180) period, the City Clerk shall, within thirty (30) days thereafter, submit the signed petition forms to the Supervisor of Elections so that the Supervisor of Elections can verify the signatures thereon and submit a written report to the City Clerk. Upon receipt by the City Clerk of a determination from the Supervisor of Elections that the requisite number of valid signatures have been obtained, the City Clerk shall issue a certification of signature verification and submit the issue to City Council for action pursuant to City Code, City Charter and any other applicable Florida laws.

(10)

Signature Verification Process; Payment. Registration books and files used in the verification of electors' signatures are in the custody of the Supervisor of Elections, who shall with the City Clerk determine administrative procedures used in the signature verification process. Either of two methods for verifying may be used: (a) a name by name, signature by signature check; or (b) a check of a random sample, following the rules and guidelines as set forth in Florida Statutes § 99.097. Signature verification by the Supervisor of Elections for initiative petitions must be completed at least one hundred fifty (150) days prior to the submission of any issue by the City Council to the qualified voters of the City.

The sponsor of the petition shall pay such sums as are allowed by Florida Statutes to the City Clerk for each signature submitted for verification at the time of submission. If it poses an undue burden on the sponsoring committee pursuant to Florida law, the sponsoring committee may have the signatures verified at no charge upon written certification of such inability given under oath to the Supervisor of Elections, by filing an Affidavit of Undue Burden as required by Florida law with the City Clerk upon submission of the petitions. Pursuant to Florida law, if any person is paid to solicit signatures on a petition, an undue burden oath may not subsequently be filed in lieu of paying the fee to have signatures verified for that petition. If an undue burden oath has been filed and payment is subsequently made to any person to solicit signatures on a petition, the undue burden oath is no longer valid and a fee for all signatures previously submitted to the Supervisor of Elections and any that are submitted thereafter shall be paid by the sponsoring committee who submitted the undue burden oath. If the committee receives any monetary contributions, the committee must first reimburse the City Clerk for any signature verification fees that were not paid because of the affidavit.

Actual costs shall be determined at the conclusion of the process and the sum per signature checked, or the cost of checking, shall be the final amount owed and necessary credits, if any, will be made at the time of certification by the City Clerk of the results of the signature verification. Any portion of these monies which shall be payable to the Supervisor of Elections by the City Clerk for participation of the Supervisors' staff in the verification process shall be a transaction between the Supervisor and City Clerk.

(11)

Termination of Petition Drive by Sponsor; Withdrawal of Signature by Petition Signer.

(a)

A sponsor of a petition may terminate a petition drive by filing with the City Clerk a completed petition termination form prescribed by the City Clerk.

(b)

Prior to verification of signatures for a petition by the Supervisor of Elections, a petition signer may withdraw his or her signature by filing with the City Clerk a completed signature withdrawal form, prescribed by the City Clerk, adequately identifying the petition signer and petition drive.

(12)

Retention. Petition forms that have been submitted to the City Clerk shall be retained by the City Clerk for a period of time as required by the Director of Archives, History and Records Management, Department of State.

(Ord. of 8-19-1985, Doc. #19641; Ord. No. 2018-55, § 5, 10-8-2018, Doc. #1810081202)

Sec. 21.23. - Vacancy in Candidacy.

(1)

Withdrawal. If the withdrawal of a qualified candidate following the end of the qualifying period results in only one (1) candidate remaining on the ballot for that office, the remaining candidate shall be declared elected and no election for that office shall be required.

(2)

Death or Removal.

(a)

If the death or removal from the ballot of a qualified candidate following the end of the qualifying period results in less than two (2) candidates remaining for that office, a special election shall be scheduled by the City Council not less than sixty (60) days nor more than one hundred twenty (120) days after the vacancy in the candidacy has occurred.

(b)

If a special election is called pursuant to subsection (b)(1) above, a supplemental qualifying period shall be established by resolution of City Council.

(c)

A remaining candidate for that office shall not be required to requalify for election or pay a second qualifying fee. A remaining candidate shall not be declared an unopposed candidate under Florida Statutes ch. 106, unless no additional candidate qualifies for election during the supplemental qualifying period. The remaining candidate may continue to accept contributions until declared unopposed. If declared unopposed pursuant to this section, the candidate shall be declared elected; and the special election shall be canceled.

(d)

The filing of campaign expense statements pursuant to Florida Statutes ch. 106, by candidates in a special election called under subsection (b)(1), including a remaining candidate, shall not be later than such dates as fixed by the City Clerk. In fixing such dates, the City Clerk shall take into consideration and be governed by the practical time limitations and the dates established for such statements in a regular City election.

(e)

If a special election is called pursuant to subsection (b)(1) and other candidates qualify for election during the supplemental qualifying period, supplemental absentee ballots for the special election shall be mailed to any absentee voter who was mailed an absentee ballot for the regular election. If an absentee voter returns the initial ballot received by mail, the absentee voter's vote for that office for which the special election was called will be null and void, but votes on all other offices and issues shall be counted.

(3)

Removal of Name from Ballot. The name of any qualified candidate who has withdrawn, died or been removed from the ballot shall not be printed on the ballot. If the ballot cannot be changed, any votes for that candidate shall be null and void.

(4)

Refund of Qualifying Fee. A candidate withdrawing or being removed from the ballot after having qualified and paid the qualification fee shall not receive a refund of the qualifying fee.

(Ord. of 5-2-1994, Doc. #27502; Ord. of 8-14-1995, Doc. #28705)

Sec. 21.24. - Electronic Reporting/Penalties.

(1)

Definitions.

(a)

Campaign treasurer's reports shall mean the campaign finance reports required to be filed by each person, candidate, political committee, electioneering communications organization, or other individual or organization, pursuant to Florida Statutes ch. 106.

(b)

Office account reports shall mean the finance reports required to be filed pursuant to Florida Statutes ch. 106.

(c)

Person, candidate, political committee, and electioneering communications organization shall have the meanings ascribed to such terms in Florida Statutes ch. 106.

(2)

Requirements; Penalties.

(a)

Each person, candidate, political committee, electioneering communications organization, or other individual or organization required to file campaign treasurer's reports or office account reports with the City Clerk in the official capacity of filing officer for the City of Orlando pursuant to Florida Statutes ch. 106, shall file such reports by means of the City's electronic filing process or system. The starting date for electronic filing shall be set by Resolution of City Council.

(b)

Any failure to file reports on or before the designated due date shall subject the violator to those penalties provided in Florida Statutes ch. 106.

(c)

The City Clerk shall determine the required format and related process for the reports and shall provide copies of information upon request.

(Ord. No. 2018-55, § 6, 10-8-2018, Doc. #1810081202)

Sec. 18B.17. - Penalties. Chapter 22 - ELECTRICAL CODE