Article II. Election Administration  


§ 8-16. Voter registration.
Latest version.

(a) The city does hereby recognize and adopt the permanent single registration system for the registration of electors established by F.S. § 97.105. Individuals residing within the corporate limits of the city otherwise qualified and registered to vote in accordance with F.S. ch. 97 are the electors of the city.

(b) No individual residing within the corporate limits of the city registering to vote less than twenty-nine (29) days prior to any city election shall be permitted to vote in that election.

(c) Any registered elector of the city may be removed from the registration records pursuant to F.S. § 98.081.

(Ord. No. 2003-15, § 1, 6-3-03)

§ 8-17. City clerk designated chief elections officer.
Latest version.

(a) The city clerk is hereby designated the chief elections officer of the city and shall see that all city elections are conducted in a proper and legal manner.

(b) Any issue election called pursuant to article IV shall be conducted and administered pursuant to the procedures set forth in applicable state law or this chapter.

(Ord. No. 2003-15, § 1, 6-3-03)

§ 8-18. Date of election; term of office.
Latest version.

(a) Pursuant to authority provided by F.S. § 100.3605, the city adopted the first Tuesday in April as the date for all regular city elections to fill the office of city commissioner.

(b) Pursuant to City Charter Section 8.07, commission members shall serve for two-year terms and shall take office at the first regular meeting in the month following their election, except that in accordance with City Charter Section 3.05, any commissioner who runs for mayor, elected or not, shall lose his commission seat effective the day of election and the candidate elected to fill the vacated seat shall serve for the remainder of the term.

(c) Whenever possible, issue elections shall be held in conjunction with a regularly scheduled city election. When it is not possible to hold an issue election in conjunction with a regularly scheduled election, it shall be held on the date prescribed by applicable state law or by the city ordinance or resolution calling the election.

(Ord. No. 2003-15, § 1, 6-3-03; Ord. No. 2007-01, § 2, 3-2-07; Ord. No. 2013-01, § 1, 2-5-13)

§ 8-19. Precincts.
Latest version.

(a) Those precincts approved by the board of county commissioners pursuant to F.S. § 100.001 lying within the municipal limits are hereby designated as the city precincts to be used in any and all city elections. This subsection constitutes the concurrence of the city to the conforming of the precinct boundaries to the boundaries of the city per F.S. § 101.002(1).

(b) The city clerk shall forward a certified copy of any annexation ordinance approved by the city commission to the supervisor of elections with a detailed map showing boundaries of the area annexed and a listing of streets and street numbers lying within the area. Precinct boundaries may be altered to conform to the municipal boundaries as changed due to annexation.

(c) If a precinct boundary is unable to be altered to conform to annexation by the date of a city election, any qualified elector residing within the area annexed shall be eligible to vote in the city election.

(d) The city clerk shall verify to the supervisor of elections the accuracy of the city's address database no later than sixty (60) days prior to a city election.

(Ord. No. 2003-15, § 1, 6-3-03)

§ 8-20. Polling places.
Latest version.

(a) There shall be one (1) polling place located within each precinct which complies with the requirements of F.S. ch. 101. Polling places shall be designated by the supervisor of elections and shall be used for city elections.

(b) In accordance with February 3, 2012, city commission action, the polling place for all city elections will be held at the City of Lake Wales Administration Building located at 201 W. Central Avenue, Lake Wales, 33853. The city commission has the authority to add additional polling places for any city election.

(Ord. No. 2003-15, § 1, 6-3-03; Ord. No. 2013-01, § 1, 2-5-13)

§ 8-21. Voting method.
Latest version.

(a) The electronic or electromechanical voting method adopted by the supervisor of elections as approved by the department of state shall be used for city elections.

(b) Pursuant to the provisions of F.S. § 101.6102, the city commission may authorize the use of a mail ballot in a referendum election.

(Ord. No. 2003-15, § 1, 6-3-03)

§ 8-22. Ballots.
Latest version.

(a) Ballots shall be prepared by the city clerk in accordance with sections 8-45 and 8-69 and approved by the city commission.

(b) The city clerk shall forward the approved city ballot to the supervisor of elections no later than the 46th day prior to the election for printing and insertion in the voting machines or other voting devices, as applicable, and distribution to absentee electors.

(c) A sample ballot shall be published in a newspaper of general circulation prior to the day of the election, but no more than ten (10) days prior to election. The ballot shall be published in a section of the newspaper which is not used for legal notices or classified advertising.

(Ord. No. 2003-15, § 1, 6-3-03)

§ 8-23. Poll workers.
Latest version.

(a) At each polling place there shall be a sufficient number of poll workers to accommodate the anticipated number of voters. The supervisor of elections and city clerk shall determine the necessary number and report it, together with the names of the poll workers, to the city commission prior to the date of the election. The city commission shall appoint the poll workers for any city election.

(b) All poll workers for a city election shall have completed training classes conducted by the supervisor of elections.

(c) One poll worker in each precinct shall be designated the precinct clerk and shall be in charge of, and responsible for, the conduct of the election at that polling place.

(d) Poll workers shall conduct the election and at the close of the polls ascertain the results for that precinct in the manner provided in F.S. chs. 101 and 102, and report the results in the manner directed by the supervisor of elections or the city clerk, as applicable.

(e) Poll workers for a city election shall be compensated for hours worked by the city clerk. The rate of compensation shall be the same as that paid by the supervisor of elections for work performed in conducting the last state election.

(Ord. No. 2003-15, § 1, 6-3-03)

§ 8-24. Voting—At polling place.
Latest version.

(a) The polls shall be open for voting on the day of the election at 7:00 a.m. and shall be kept open for voting until 7:00 p.m.

(b) Electors shall cast their votes in the manner provided in F.S. ch. 101.

(Ord. No. 2003-15, § 1, 6-3-03)

§ 8-25. Voting—Absentee.
Latest version.

(a) An elector may request an absentee ballot and cast an absentee vote in any city election.

(b) Absentee ballots for city elections shall be prepared, distributed and received for canvassing by the county supervisor of elections.

(c) Absentee ballots shall be requested from the supervisor of elections in accordance with F.S. § 101.62 and voted in accordance with F.S. §§ 101.64 through 101.67.

(Ord. No. 2003-15, § 1, 6-3-03)

§ 8-26. Canvass of returns.
Latest version.

(a) The city commission shall be the canvassing board for any city election, except that any commissioner who is the subject of a recall pursuant to F.S. § 100.361 shall not participate in the canvassing of that issue. However, if a commissioner whose seat is up for re-election or if that commissioner is unable to serve on the canvassing board for any other necessary reason, the commission may appoint the city manager, city attorney, or a resident/s of the city to serve in that commissioners place so that a quorum can be met.

(b) Public notice of the time and place at which the canvassing board shall meet to canvass the election returns and absentee ballots shall be provided at least forty-eight (48) hours prior thereto by publication once in the nonlegal section of a newspaper of general circulation in the city.

(c) The result of the voting, when ascertained, shall be certified by return in accordance with procedures established by the supervisor of elections, and delivered to the city clerk. The city clerk shall transmit such return to the canvassing board at a meeting designated for the canvass of returns.

(d) The canvassing board shall begin the canvass of returns on a date and time as designated by the supervisor of elections. The result as shown by such return shall be declared as the result of the election by the canvassing board.

(e) The canvassing board shall canvass the returns in accordance with F.S. § 102.141(3), and shall canvass absentee ballots in accordance with F.S. § 101.68.

(f) At such time as the canvassing board has canvassed the returns, disposed of any challenges thereto, and ascertained and certified the results, the city clerk shall issue a certificate of election to each candidate elected and issue and file a certificate of election for each issue.

(Ord. No. 2003-15, § 1, 6-3-03; Ord. No. 2013-01, § 1, 2-5-13)

§ 8-27. Recounts.
Latest version.

(a) In its discretion, the canvassing board, may order a recount of the returns of any election prior to the certification of the results.

(b) If the returns for any office reflect that a candidate was defeated or eliminated by one-half (½) of one (1) percent or less of the votes cast for such office, that a commissioner subject to recall was retained or not retained by one-half (½) of one (1) percent or less of the votes cast on the question of recall, or that an issue appearing on the ballot was approved or rejected by one-half (½) of one (1) percent or less of the votes cast on such measure, the canvassing board shall order a recount of the votes cast with respect to such office or issue. A recount need not be ordered with respect to the returns for any office, however, if the candidate or candidates defeated, recalled or eliminated from contention for such office request in writing that a recount not be made. The canvassing board shall examine the counters on the machines or the tabulation of the ballots cast in each precinct in which the office or issue appeared on the ballot and determine whether the returns correctly reflect the vote cast. If there is a discrepancy between the returns and the counters of the machines or the tabulation of the ballots cast, the counters of such machines or the tabulation of the ballots cast shall be presumed correct and such votes shall be canvassed accordingly.

(c) Upon request of any candidate for good cause shown, the canvassing board may, prior to the final certification of results, order a recount in whole or in part of the election in which the candidate participated. Upon request of any elector for good cause shown, the canvassing board may, prior to final certification of results, order a recount of any issue election.

(Ord. No. 2003-15, § 1, 6-3-03; Ord. No. 2013-01, § 1, 2-5-13)

§ 8-28. Protest.
Latest version.

A candidate or any elector qualified to vote in the election related to such candidacy may file a protest of the election returns pursuant to F.S. § 102.166 in the form prescribed in F.S. § 102.167. The canvassing board shall consider the protest as provided in F.S. § 102.166 if filed with that board.

(Ord. No. 2003-15, § 1, 6-3-03)

§ 8-29. Contest.
Latest version.

(a) An unsuccessful candidate may contest the results of the election in which he participated as provided in F.S. § 102.168.

(b) A taxpayer of the city may contest the results of any question or issue submitted to a vote of the electors as provided in F.S. § 102.168.

(c) If the unsuccessful candidate filing a contest is determined to be entitled to the office, and some other individual has been issued a certificate of election or entered upon the duties of the office, a judgment of ouster may be entered by the circuit court and the contestant shall assume that office.

(d) If a judgment is entered setting aside an issue election, the election shall be regarded as having been void.

(Ord. No. 2003-15, § 1, 6-3-03; Ord. No. 2013-01, § 1, 2-5-13)

§ 8-30. Voting system audit.
Latest version.

(a) In accordance with F.S. § 101.591, immediately following the certification of each election, the city canvassing board at a publically advertised meeting shall conduct a manual audit of the voting systems used in randomly selected precincts.

(b) The audit shall consist of a public manual tally of the votes cast in one (1) randomly selected race by the canvassing board that appears on the ballot.

(c) The audit must be completed and the results made public no later than 11:59 on the seventh day following certification of the election by the county by the canvassing board.

(d) The canvassing board shall post a notice of the audit, including the date, time, and place, in four (4) conspicuous places in the county and on the home page of the city's website.

(e) Within fifteen (15) days after completion of the audit, the canvassing board shall provide a report with the results of the audit to the department of state in a standard format as prescribed by the department which shall contain the information in accordance with this chapter.

(Ord. No. 2013-01, § 1, 2-5-13)