Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023)
 Code of Ordinances
 Chapter 8. Elections   
 Article I. General Provisions
  

Article I. General Provisions  

§ 8-1. Short title.
Latest version.

This chapter shall be known and may be cited as the "Lake Wales Municipal Election Code."

(Ord. No. 2003-15, § 1, 6-3-03)
§ 8-2. Legislative intent.
Latest version.

(a) It is the intent of this article to consolidate all rules and procedures provided by Florida Statutes, the Charter of the City of Lake Wales, and various city ordinances relating to elections and election administration into a unified and comprehensive election code.

(b) It is the intent of this article to eliminate inconsistencies and conflicts in notice requirements, duration of time between the call of elections and holding of elections, and other procedures relating to election administration by conforming city requirements to provisions of Florida Statutes.

(c) It is the intent of this article to ensure that all city elections shall be conducted in a proper, orderly, and fair manner so as to permit the will of the electorate to be determined; to ensure that campaigns for elective city office shall be conducted on a nonpartisan basis with the qualifications and character of the respective candidates, not party affiliation, being the criteria for the voter's choice; and to ensure that issue elections shall be conducted in a manner so as to permit the free and robust exchange of ideas and opinions while avoiding unfair and improper campaign tactics which abuse the open debate that is vital to a democratic form of government.

(Ord. No. 2003-15, § 1, 6-3-03)
§ 8-3. Definitions.
Latest version.

(a) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Absent elector or absentee voter means any qualified and registered elector of the city who casts an absentee ballot.

Ballot or official ballot means:

(1) When voting machines are used, that portion of the printed strips of paper or other material within the ballot frames containing the names of candidates or ballot question of an issue to be voted upon at a city election;

(2) When paper ballots are used, a printed sheet of paper containing the names of candidates or ballot question of an issue to be voted upon at a city election;

(3) When electronic devices are used, a ballot voted by the process of punching or marking with a marking device for tabulation by automatic tabulating equipment or data processing equipment; or

(4) When absentee ballots are used, a printed sheet of paper or other material containing the names of candidates or ballot question of an issue to be voted upon at a city election.

Candidate means any individual to whom one (1) or more of the following apply; F.S. § 97.021(5):

(1) Any individual who files qualification papers and subscribes to a candidate's oath as required by section 8-40

(2) Any individual receiving contributions or making expenditures, or giving consent for another person to do so, with the intent of bringing about that individual's election to city office;

(3) Any individual who appoints a treasurer and designates a primary depository pursuant to F.S. § 106.021; or

(4) Any person who seeks to qualify for nomination or election by means of the petitioning process.

(5) Any person who seeks to qualify for election as a write-in-candidate.

(a) Each candidate is personally responsible for compliance with Chapter 106 requirements to appoint a campaign treasurer and designate a campaign depository; maintain records of contributions and expenditures; file certified statements of contributions and expenditures with the city clerk. Noncompliance will result in a fine for each late day.

City clerk means the duly appointed City Clerk of the City of Lake Wales.

City commission or commission means the elected governing body of the City of Lake Wales.

Commissioner means an individual elected to serve on the city commission.

(1) At-large commissioner means a commissioner who may reside anywhere in the city for purposes of nomination and qualification for election.

(2) District commissioner means a commissioner who must reside within a specific geographical district for purposes of nomination and qualification for election.

Department of state means the State of Florida Department of State.

Deputy city clerk means the person designated to assist in the official duties of the city clerk under the supervision of the city clerk and perform the official duties of the city clerk during the absence of the city clerk.

Division of elections means the division of elections of the department of state.

Election means any city election, whether to choose elected officials or consider issues, and includes run-off elections and special elections.

Elector or voter means a qualified resident of the city on the day of the election properly registered in accordance with The Florida Voter Registration Act, F.S. ch. 97.

Extraordinary vacancies means in the event that all members of the commission are removed by death, disability, law or forfeiture of office, the governor shall appoint an interim commission that shall call a special election and such election shall be governed by the provisions of Article VIII of the City Charter, Section 3.08.

Filling of vacancy means that a vacancy of the commission shall be filled by majority vote of the remaining commission members. The interim commissioner shall serve until the seat is filled in the normal course by the electorate and the next elected commission member takes office; City Charter Section 3.08.

Forfeiture of office means a commission member shall forfeit the office if at any time during the term of office any qualifications for the office prescribed by the City Charter or by law are lacking; City Charter Section 3.08.

F.S. means the laws of the State of Florida as compiled and published in Florida Statutes, 1995 edition and as amended from time to time.

Issue means a proposed amendment to the city charter, a proposed enactment of an ordinance by initiative, a proposed repeal of an ordinance by referendum, recall of an elected official, an authorization to issue bonds or other forms of indebtedness, a proposed annexation of territory into the city, straw ballot, or any other public question to be voted upon by the electors of the city pursuant to state law, city charter, local ordinance, or call of the city commission.

Issue election means an election called for the purpose of approving or disapproving an issue.

Newspaper of general circulation means a newspaper printed in the language most commonly spoken in the city and which is readily available for purchase by all inhabitants in the city, but does not include a newspaper intended primarily for members of a particular profession or occupational group, a newspaper the primary function of which is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.

Nominating petition means an official form provided by the city clerk for the purpose of obtaining signatures in support of a candidate seeking election to the office of a district city commissioner or at-large city commissioner and requesting that the candidate's name be placed upon the official city ballot.

Nonpartisan or nonpartisan office means an office for which a candidate is prohibited from campaigning or qualifying as a candidate for election based on, or with reference to, political party affiliation.

Office or city office means a position of the city filled by the electors at an election.

Person means an individual or a corporation, association, firm, partnership, joint venture, joint stock company, club, organization, estate, trust, business trust, syndicate or other combination of individuals having collective capacity.

Political committee means a combination of two (2) or more individuals, or a person other than an individual, the primary or incidental purpose of which is to support or oppose any candidate or issue and which accepts contributions or makes expenditures during a calendar year in an aggregate amount in excess of five hundred dollars ($500.00).

Polling place means the building which contains the polling room where ballots are cast; F.S. § 97.021(26).

Polling room means the actual room in which ballots are cast on election day and during early voting; F.S. § 97.021(27).

Precinct means that geographic area designated by the board of county commissioners upon recommendation of the supervisor of elections pursuant to F.S. §§ 101.001 and 101.002.

Qualifying means the procedure pursuant to section 8-44, whereby an individual causes his name to be placed on the ballot for the next city election as a candidate for city office.

Regular city election means an election to fill the office of district city commissioner and/or at-large city commissioner held on the date prescribed in section 8-18(a).

Run-off election means an election to fill the office of city commissioner between the two (2) candidates receiving the largest number of votes in an earlier election.

Special election means an election called for the purpose of filling a vacancy in elected city office or to approve or disapprove an issue.

Supervisor means the Supervisor of Elections of Polk County, Florida.

Vacancies means the office of a commission member shall become vacant upon the member's death, resignation, removal from office in any manner authorized by law, or forfeiture of office, such forfeiture to be declared by the remaining members of the commission; City Charter Section 3.08.

Voting machine means that electromechanical or electronic equipment or device approved or certified by the department of state pursuant to F.S. §§ 101.28, 101.294 or 101.5605, used to cast ballots in an election, and owned or provided by the supervisor of elections of the county.

(b) For the purposes of administration and enforcement of this chapter, unless otherwise stated in this chapter, the following rules of construction shall apply:

The word "shall" is always mandatory and not discretionary; the word "may" is permissive.

The words "he," "his," and other words denoting the masculine gender shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

Words used in the present tense shall include the future, and words used in the singular number shall include the plural and plural the singular, unless the context clearly indicates the contrary.

Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and," "or" or "either…or," the conjunction shall be interpreted as follows:

(1) "And" indicates that all the connected terms, conditions, provisions or events shall apply.

(2) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

(3) "Either…or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(4) The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(Ord. No. 2003-15, § 1, 6-3-03; Ord. No. 2013-01, § 1, 2-5-13)
§ 8-4. Misuse of official position.
Latest version.

(a) No officer or employee of the city, except as hereinafter exempted from the provisions of this section, shall:

(1) Use his official authority or influence for the purpose of interfering with an election or a nomination of office or coercing or influencing another person's vote or affecting the result thereof.

(2) Directly or indirectly coerce or attempt to coerce, command or advise any other officer or employee to pay, lend, or contribute any part of his salary, any sum of money, or anything else of value to any political party, committee, organization, agency, or person for political purposes; provided, however, nothing in this subsection shall prohibit a city employee from suggesting to another city employee in a noncoercive manner that he may voluntarily contribute to a fund which is administered by a political party, committee, organization, agency, person, labor union, or other organization for political purposes.

(3) Directly or indirectly coerce or attempt to coerce, command or advise any city officer or employee as to where he might purchase commodities or to interfere in any other way with the personal right of such officer or employee for, or as a result of, political purposes.

(b) The provisions of this section shall not be construed so as to prevent any city officer or employee from becoming a candidate for and actively campaigning for any elective office in this state. All such persons shall retain the right to vote as they may choose and to express opinions on any political subject and candidate. The provision of subsection (a)(1) of this section shall not be construed so as to limit the political activity in general, special, primary, bond, referendum or any other election of any kind or nature, of elected officials or candidates for office in the city.

(c) Nothing contained in this section or in the City Charter shall be deemed to prohibit any public employee from expressing his opinions on any candidate or issue or from participating in any political campaign during his off-duty time so long as such activities are not prohibited by this section.

(d) Any officer or employee of the city using his official position to support or oppose a candidate for elective city office shall be guilty of an unfair campaign practice and a municipal ordinance violation punishable as provided in section 1-15 of the City Code, provided that this subsection shall not prohibit public endorsements or other expressions of support or opposition.

(Ord. No. 2003-15, § 1, 6-3-03)
§ 8-5. Unfair campaign practices.
Latest version.

(a) It shall be an unfair campaign practice for a candidate to elective city office, or an agent or authorized representative thereof on the behalf of such candidate, to:

(1) Campaign by way of announcements, publications, or other forms of political advertising, as a registered member of any political party;

(2) Campaign by way of announcements, publications, or other forms of political advertising in such a manner as to indicate that such candidate is not a registered member of a particular political party;

(3) Solicit or accept contributions, or open assistance or support from any political party or from any partisan political club or association affiliated with any political party; or

(4) Participate in any partisan political party function; provided, however, that such candidate or agent thereof may register and vote as a member of a political party and may attend and speak at a political party function or event, provided all candidates for city office have been invited and permitted to participate in the same manner and to the same extent.

(b) Any person committing an act prohibited by this section shall be guilty of an unfair campaign practice and a municipal ordinance violation punishable as provided in section 1-15 of this Code.

(Ord. No. 2003-15, § 1, 6-3-03)
§ 8-6. Political signs.
Latest version.

(a) Political campaign signs shall be placed and removed in accordance with the provisions of the sign ordinance of the city. Political campaign signs shall be placed only on private property with the permission of the property owner, and no political campaign signs shall be placed on public property.

(b) Pursuant to section 23-545.6(4), The unauthorized alteration, destruction, or removal of a political sign of a candidate or political committee, other than its removal by a code enforcement officer enforcing the city sign ordinance shall constitute an unfair campaign practice and a municipal ordinance violation punishable as provided in section 1-15 of this Code.

(Ord. No. 2003-15, § 1, 6-3-03; Ord. No. 2013-01, § 1, 2-5-13)
§ 8-7. Election code of the state—Applicability.
Latest version.

Those acts and practices prohibited in F.S. ch. 104 shall be prohibited in all elections conducted pursuant to this chapter and shall be punishable as provided in F.S. ch. 104.

(Ord. No. 2003-15, § 1, 6-3-03)
§ 8-8. Campaign financing laws of the state—Applicability.
Latest version.

(a) Any candidate for elective city office, including an elected officer sought to be recalled, is subject to, and shall comply with the campaign financing laws provided in F.S. ch. 106.

(b) Any group, club, association, or other combination of persons having a collective capacity which receives contributions or makes expenditures in an aggregate amount exceeding five hundred dollars ($500.00) and which seeks to influence the results of a city election shall constitute a political committee within the definition of F.S. ch. 106, and shall register and report as such pursuant to, and be subject to, the provisions of that chapter.

(c) Any individual making independent expenditures in an aggregate amount exceeding one hundred dollars ($100.00) and seeking to influence the results of a city election shall be subject to, and comply with, F.S. ch. 106.

(d) The city commission may appropriate funds for the purpose of providing informational materials to the public in connection with any issue election, except for a recall election. The city commission shall not be considered a political committee as defined in F.S. § 106.011(1), and shall not be required to file reports of any such informational expenditures pursuant to F.S. § 106.07.

(e) The city clerk shall provide each candidate with a schedule indicating the beginning and the end of the reporting periods as well as the corresponding designated due dates. Each required financial report shall be filed with the city clerk without additional notice to the candidate or committee by the city clerk that such report is due. Pursuant to F.S. § 106.07, the city clerk shall assess fines for late filing and report to the Florida Elections Commission the failure of a candidate or committee to comply with campaign finance reporting requirements.

(f) Provisions of F.S. ch. 106, shall be enforced in the manner provided in F.S. §§ 106.25 through 106.28. Any suspected or alleged violations of F.S. ch. 106, in connection with any issue election, shall be transmitted to the state division of elections by the city clerk.

(Ord. No. 2003-15, § 1, 6-3-03)
§ 8-9. Early voting—Applicability of F.S. § 101.657.
Latest version.

The City of Lake Wales hereby exercises its right to exempt itself from the provisions of F.S. § 101.657 pertaining to early voting. In the event that a municipal election is conducted on the same day as a county-wide or state-wide election wherein municipal candidates or issues appear on the county-wide or state-wide ballot, the city shall contract with the Polk County Supervisor of Elections to conduct early voting for the City of Lake Wales at the office of the supervisor of elections and any other early voting sites the supervisor has already established as a branch or may establish in public libraries and/or city halls. The city may contract with the Polk County Supervisor of Elections to conduct early voting for municipal elections if said supervisor of elections offers such service to the city.

(Ord. No. 2004-41, § 1, 12-20-04; Ord. No. 2005-08, § 1, 2-21-05)