HomeMy WebLinkAboutO-94-08ORDINANCE NO. 0-94-08
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDI]%N
RIVER COUNTYt FLORIDAt AMENDING CHAPTER
SECTION 38-1 (Declaration of intent by
oandidates~ form of ballot) BY ELIMINATING
SECTION $8-1(b) PERTAINING TO BLANK LINES ON
VOTING BALLOTS~ PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH~ PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION~ AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Section 4.09 of the city Charter contains language
pertaining to the form of ballots for write-in candidates; and
WHEREAS, Section 38-1(b) of the Code of Ordinance of the city
of Sebastian creates additional requirements for the form of
ballots for write-in candidates that are not required by the city
Charter; and
WHEREAS, the Supervisor of Elections of Indian River County
has expressed a desire that the City eliminate the need for
unnecessary blank lines on City of Sebastian ballot forms; and
WHEREAS, the elimination of the requirement for blank lines to
be upon write-in ballot forms will not eliminate the ability of a
candidate to qualify as a write-in in accordance with Florida law;
NOW~ THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. TITLE 38-1. AMENDED.
Section 38-1 pertaining to the declaration of intent by
candidates; form of ballot of the Code of Ordinances of the City of
Sebastian, Indian River, County, Florida, is hereby amended as
follows:
"Bec. 38-1. Declaration of intent by candi4ates; form of ballot.
(a) At any regular or special election held in the city for
the purpose of electing the elective officers of the city, the city
council shall cause to be printed upon the official ballots to be
voted at such election, the name of any qualified elector who has
declared an intent to be a candidate for any such office and who
has filed a written oath or affirmation as provided in section 4.02
of the charter and has paid a filing fee as prescribed in section
38-2.
etcctcd ~ ~' ~ TM th~~- = c.~fi~ -~ · provided', ~ cupcrv~scr ~ ~ --~ ~-"
(Code 1980, $ 9-1)"
SECTION 2. Conf3ict. All Ordinances or parts of Ordinances
in conflict herewith are hereby repealed.
SECTION 3. Severa~ility. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council of the city of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Ordinance without such invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
SECTION 4. ~odifica~ion. It is the intention of the city
Council of the city of Sebastian, Indian River County, Florida, and
it is hereby provided that the provisions of this Ordinance shall
become and be made a part to the Code of Ordinances of the City of
Sebastian, Florida; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intention; and the word
"Ordinance" may be changed to "Section," "Article" or other
appropriate designations.
SECTION 5. Effective Date. This Ordinance shall take effect
immediately upon final passage.
The foregoing ordinance was moved for adoption by Council
Member 0~. ,~C~
Member ~~
vote was as follows:
. The motion was seconded by Council
and, upon being put to a vote, the
Mayor Arthur L. Firtion
Vice-Mayor Carolyn Corum
Council Member Norma J. Damp
Council Member Robert Freeland
Council Member Frank Oberbeck
adopted this
The Mayor thereupon declared this Ordinance duly passed and
~' day of ~(~-~_ , 1994.
ATTEST: . ' '
Arthur L. Firtlon, Mayor
~athr~n M. OTHalloran, CMC/AAE