§ 8-44. Method for qualifying.  


Effective on Tuesday, September 22, 2020
  • (a) Each person seeking to qualify as a candidate for city office shall file the following with the city clerk during the qualifying period:

    (1) The candidate's oath required by section 8-40

    (2) The loyalty oath required by F.S. § 876.05.

    (3) Each candidate for nomination or election to office shall appoint a campaign treasurer and designate a campaign depository before qualifying for office. These tasks may be performed prior to the qualifying period. The completed Form for designation of a campaign treasurer and a campaign depository will then be provided to the City Clerk in accordance with the provisions of §106.021, Florida Statutes.

    (4) The completed statement of financial interests required by F.S. § 112.3145.

    (5) A written statement certifying receipt of notice of the time and location of the pre-election test of voting equipment.

    (b) Unless qualifying pursuant to the method set forth in subsection (c) or (d) of this section, each person seeking to qualify as a candidate for city office shall file with the city clerk the following:

    (1) A qualifying fee in the amount of twenty-five dollars ($25.00) which shall be paid by check drawn on the candidate's campaign account. Said fee shall be deposited in the general fund of the city by the city clerk.

    (2) An election assessment as provided in section 8-42 to be paid by check drawn on the candidate's campaign account.

    (3) At least twenty-five (25) individually signed official nominating petition as provided in section 8-43 requesting that said candidate's name be placed upon the official ballot.

    a. Within two (2) business days following receipt of the petition, the city clerk or deputy city clerk shall verify the signatures on the petition by comparing them to signatures in the voter registration records of the county. Signatures of persons not appearing in the voter registration records of the county as registered voters residing in the district as required shall be disqualified.

    b. Signatures obtained prior to the date on which the candidate's campaign treasurer and campaign depository were designated shall be disqualified.

    c. Petitions bearing at least twenty-five (25) verified and qualified signatures shall be certified as sufficient, and the candidate shall be considered as having qualified for election on the date the petition was filed.

    d. Petitions bearing fewer than twenty-five (25) verified and qualified signatures shall be certified as insufficient, and the candidate shall not be qualified for election. The candidate shall be notified immediately of the failure to qualify and, if the qualifying period has not closed, he may obtain additional signatures of registered voters as required and file the amended petition prior to the close of the qualifying period.

    (c) As an alternative method of qualifying for persons unable or unwilling to pay the qualification fee in accordance with F.S. § 99.095, a person seeking to qualify for nomination to city office shall not be required to pay the qualifying fee if said person files an official nominating petition duly signed by at least one (1) percent of the electors qualified to vote in the ensuing election and residing in the district represented by the commission seat to which election is sought or in the city at-large, as applicable. A person seeking to qualify under this subsection shall file with the city clerk the following:

    (1) An oath stating that the person intends to qualify by this alternative method.

    (2) An official nominating petition as provided in section 8-43 requesting that said candidate's name be placed upon the official ballot.

    a. Within two (2) business days following receipt of the petition, the city clerk or deputy city clerk shall verify the signatures on the petition by comparing them to signatures in the voter registration records of the county. Signatures of persons not appearing in the voter registration records of the county as registered voters residing in the district shall be disqualified.

    b. Signatures obtained prior to the date when the candidate's campaign treasurer and campaign depository were designated shall be disqualified.

    c. Petitions bearing verified and qualified signatures of at least one (1) percent of the total number of registered voters as required for the specific commission seat shall be certified as sufficient, and the candidate shall be considered as having qualified for election on the date the petition was filed.

    d. Petitions bearing verified and qualified signatures of fewer than one (1) percent of the total number of registered voters as required for the specific commissions seat shall be certified as insufficient, and the candidate shall not be qualified for election. The candidate shall be notified immediately of the failure to qualify and, if the qualifying period has not closed, he may obtain additional signatures of registered voters as required and file the amended petition prior to the close of the qualifying period.

    (d) As provided in F.S. § 99.061, a person may qualify as a write-in candidate by filing a statement to that effect, under oath, with the city clerk during the qualifying period. A person seeking to qualify as a write-in candidate shall also file a candidate's oath and a statement of financial interests but shall not be required to pay a qualifying fee or election assessment. A write-in candidate shall not be entitled to have his name printed on the ballot; however, space for the write-in candidate's name to be written in shall be provided on the ballot. Only write-in votes cast for a candidate who has qualified as a write-in candidate under the provisions of this subsection shall be counted and canvassed as a valid vote.

    (e) As provided in Section 3.05 of the City Charter, any commissioner or other qualified elector of the city shall be entitled to run for mayor. Whether elected or not, a commissioner who runs for mayor shall lose his commission seat effective the day of election. A commissioner seeking to run for mayor, shall give notice of intent not less than forty-five (45) days prior to the first day of the qualifying period to allow time for notice of election. candidate qualification, and placement of the election on the ballot for the seat to be vacated, thereby eliminating the need for a special election. The candidate elected to fill the vacated seat shall serve for the remainder of the term.

(Ord. No. 2003-15, § 1, 6-3-03; Ord. No. 2006-15, § 1, 3-7-06; Ord. No. 2013-01, § 1, 2-5-13; Ord. No. 2020-16, § 1, 9-22-20)