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AN ORDINANCE OF THE CITY OF SEBASTIAN AMENDING
SECTION 4.12 OF THE CHARTER BY REQLIIRING "RUN-
OFF" ELECTIONS FOR MAYORAL CANDIDATES WHEN NONE
RECEIVE A MAJORITY OF THE TOTAL VOTES CAST;
PROVIDING THAT IN EVENT OF A TIE THE QUESTION BE
DECIDED BY LOT; PROHIBITING WRITE-IN CANDIDATES
DURING "RUN-OFF" ELECTIONS; PLACING QUESTION ON
MARCH 13, 1984 BALLOT; ESTABLISHING EFFECTIVE
DATE AND A SEVERABILITY CLAUSE.
W H E R E A S, a majority of the Council hage expressed
their ipinion that the language in Sec. 4.12 of the Cahrter
should be changed to require a "run-off" election in the event
that there are more than two candidates for mayor and none shall
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reveice a majority of the total votes cast; and
W H E R E A S, the Council desires to submit the question
to the voters in order to determine whether a majority of the
electors of the City are in favor of approving such a change;
and
W H E R E A S, the Council desires to comply with the
requirements of Section 166.031, Florida Statutes, pertaining
to amendments of a City's Charter.
N O W, THEREFORE, THE' COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA, HEREBY ORDAINS:
SECTION I
That Sec. 4.12 of the Charter of the City of
Sebastian, Florida, is hereby amended to read as follows:
Sec. 4.12. Election procedures; 'run-off" elections;
tie-vote.
(a) The names of candidates nominated for each office
as provided herein shall be placed on the election ballot for the
office of mayor or councilman as designated by each candidate
for the next municipal election held for such office,
regular or special, and blank lines shall be made thereon
for write-in names of any candidates' names, and all write-in
names shall be counted, except as provided in (f) hereafter.
(, 0691 P, 6E 2 1 b
(b) In all general or special elections, the
candidates receiving the highest vote in each of the offices
of councilmen to be filled, shall be elected for twm (2) year
terms, or the balance of the term.
(c) When there are only two (2) candidates for the
office of mayor in either a~.regular or run-off electi.o~, as
hereinafter provided for, the candidate receiving a majority of
the total votes cast for usch office shall be deClared elected
to such office. Should there be more than two (2) candidates
for the office of mayor and one (1) of said candidates received
a majority of the votes cast for such office, then said candidate
receiving said majority votes shall be declared elected to
the office of mayor.
(d) In the event there are more than two (2) candidates
for the office of mayor, and none shall receive ama, jority of the
total votes cast fde such office, then anbther election shall be
held two weeks from the date of the first election at which the
two ('2) candidates receiving the largest number of votes at the
former election shall be voted on again. Should there be more
than two (2) candidates for mayor and it be unable to determine
who is the candidate receiving the next highest vote by reason
of two (2) candidates receiving the same number of votes, then
such candidate shall be .chosen by lot to be conducted by the
city council at the meeting held for the p~rpose of canvassing
the returns of the election.
(e) In event that at any election there are only
fmc (2) candidates for the same council office and they should
~eceive.~he same..num~ of .,¥o.tes,..the ~uestion shall be decided
by lot, condub~d by the city council at the meeting of the city
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069 I PA6£ 2 '1 b :1
held for the purpose of canvassing the returns of the
election, and the results thereof shall be certified in the
minutes of such meeting by the city clerk.
(f) Write-in candidates shall be permitted at only
general or special city elections, but not in ~'run~off" elections.
SECTION II,
The ballot at the general municipal election to
be held within the City on March 15, 1984, shall contain a
referendum for the purpose of allowing the electors of the
City of Sebastian to approve or reject this amendment to
the Charter of the City of Sebastian, Florida.
SECTION III,
If a majority of the electors voting in this
referendum vote for the amendment to the Charter, the Council
shall file said amendment with the Clerk of the Circuit Court
and with the Department of State, and said amendment shall
take effect upon the filing, unless otherwise provided by
law; otherwise, no. part of this ordinance shall become law.
SECTION IV.
If any section, subsection, sentence, clause,
phrase or word of this ordinance is for any reason held
unconstitutional or invalid for any reason, such ruling shall
not affect the validity or constitutionality of any of the
remaining portions of this ordinance.
I HEREBY CERTIFY that the foregoing Ordinance
was finally passed by the Council of the City of Sebastian,
Florida, on the .... /~--~ day of ~ , 198L/, ...........
Mayor, Cify ~f Sebastian
· City Clerk -- ~
PAGE Z '1 b..6
I HEREBY CERTIFY that Notice of Public Hearing
of the foregoing Ordinance was given in accordance with
Section 166..041 of the Florida Statutes, that said public
of Sebastian, Florida,
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hearing was held in the City Hall of the City of Sebastian,
Florida, at ~,'~~ o"clock, on the /~--~' day of
~~ , 19f~, and that the foregoing Ordinance
was duly passed and adopted by the City Council of the City
on the /d~ day offS,
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