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ORDINANCE NO, 10 -2002
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA RELATING TO QUALIFYING TO RUN FOR MAYOR
AND CITY COUNCIL, AMENDING SECTIONS; 26 -3 AND 26-4, RELATING
TO THE QUALIFYING OF CANDIDATES FOR OFFICE OF MAYOR AND
CITY COUNCIL AND WRITE -IN CANDIDATES; PROVIDING FOR THE TIME
OF QUALIFICATION FOR MUNICIPAL ELECTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Cape Canaveral Code Section 26 -3 provides that
"The qualifying period for candidates for the offices of the Mayor
and City Council shall be at any time after 12:00 noon of the 63`
day prior to the general election and no later than 12:00 noon on
the 49 day prior to the date of the general election "; and
WHEREAS, the Florida Legislation has adopted Chapter 2001 -40, Laws of
Florida which deletes the second primary election for candidates for state and local
office, during the 2002 election; and
WHEREAS, the Brevard County Supervisor ervisor of Elections has advised that to
accommodate the new schedule for the Fall, 2002 elections, that all qualifying and
finalization of the City Council election ballot must be completed by September 6,
2002; and
WHEREAS, the September 6 deadline is sixty days prior to the November,
2002 City Council election, thereby creating conflicts with the schedules as set forth in
Sections 26 -3 and 26-4; and
WHEREAS, the City Council intends to review the qualifying period to be
consistent with the schedule implemented by the Supervisor of Elections; and
WHEREAS, Section 100.3605(2), Florida Statutes (2002), provides: 100.3605
Conduct of municipal elections
(1) The governing body of a municipality may by ordinance, change the dates
for qualifying and for the election of members of the governing body of the
municipality and provide for the orderly transition of office resulting from
such date changes; and
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City of Cape Canaveral, Florida '
Ordinance No. 10 -2002
Page 2 I
(lbr. 1
WHEREAS, this language has been interpreted by the Attorney General of t
Florida as permitting the amendment of the candidate qualifying period provided for in
a municipal charter without a referendum by the general electorate (see AGO 2000- 1
61).
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NOW, BE IT ORDAINED, by the City Council of Cape Canaveral, Brevard i
County, Florida, as follows:
SECTION 1. Cape Canaveral Code Section 26 -3, is hereby amended to read as
follows: p
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"Sec. 26 -3 Qualifvina Period — Generally. The qualifying for candidates
for the offices of Mayor and City Council shall be at any time after 12:00
noon of the 6e 4 day prior to the general election and no later than
12:00 noon of the 49 60 day prior to the date of the general election 1
(Code 1981, §211.04)." f
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SECTION 2. Cape Canaveral Code Section 26-4 is hereby amended to read as
follows:
"Sec. 26-4 Same Write -in Candidates. The qualifying period for write -in
candidates for the offices of the Mayor and City Council shall be at any
time after 12:00 noon of the 49 63 day prior to the date of the general l
election and no later than 12:00 noon of the 46th 60t day prior to the date
of the general election. (Code 1981, § 211.05)."
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SECTION 3. Severabilitv. If any section, paragraph, phrase or work of this
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Ordinance is held to be unconstitutional or invalid, such portion shall not affect the
remaining portions hereof, and it shall be construed to have been a legislative intent to
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pass this Ordinance without such unconstitutional or invalid part.
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SECTION 4. Conflictina Provisions. Any Ordinance, or part of an Ordinance, in
conflict herewith is repealed.
SECTION 5. Effective Date. This Ordinance shall take effect immediately upon p "'
its adoption t
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\\ Cape ntVcityclerk\ CftyClklOrdinances120Q21Amendment to Qualifying Penod.doc E
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City of Cape Canaveral, Florida
Ordinance No. 10 -2002
Page 3
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ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 4th
day of June, 2002.
Ck7C■
Rocky Randels,
ATTEST: FOR AGAINST
Jim Morgan X
Susan S s, CITY CLERK Buzz Petsos Motion
Rocky Randels X
Richard Treverton X
APPROVED AS TO FORM:
Larry Weber Second
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Mark M •_!• -, - • TTORNEY
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11 Cape- ntl cityclerk\ CityClklOrdinances \2002Wmendment to Qualifying Period.doc