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HomeMy WebLinkAboutO-1974-053 ORDINANCE NO. 53 1 AN ORDINANCE AMENDING PART VI, REGISTRATIONS AND ELECTIONS, ARTICLE 2 OF THE CHARTER OF CITY OF DANIA, A FLORIDA MUNICI- PAL CORPORATION, THAT IS, CHAPTER 25768, 1949 SPECIAL ACTS OF FLORIDA, AS AMENDED, BY ADDING A NEW SECTION TO BE KNOWN AS JI SECTION 16, ABSENTEE VOTING; AND REPEALING ALL ORDINANCES OR j RESOLUTIONS IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE a WHEREAS, the Municipal Home Rule Powers Act (Chapter 73-129, Laws of Florida) created and enacted 5166, Florida Statutes, and.became effective on October 1, 1973; and jWHEREAS, the charter of City of Dania, a Florida municipal Corporation, is a term used to refer to, Or is a term understood generally as referring to, any aggregate compilation of I iall of the special acts enacted from time to time by the legislature of the State of Florida and which provide for, or specifically pertain to, all matters concerning the jurisdiction, { I powers, franchises and privileges of City of Dania in its capacity as a municipal corporation; and i i WHEREAS, the initial or basic legislative act of the State of Florida creating and pro- vidingi for the present municipal corporation known as City of Dania is Chapter 25768, 1949 Special Acts of Florida; and i i I� WHEREAS, the said Chapter 25768, 1949 Special Acts of Florida; has been amended on sub- Sequent occasions by various special acts of the legislature of the State of Florida which have been adopted from legislative session to legislative session; and � WHEREAS, S166.021(5) , Florida Statutes, provides that all special acts pertaining ex- clusively to the power or jurisdiction of a particular municipality (that is, its charter) be- � came an ordinance of the municipality, as of October 1, 1973, subject to modification or re- peal as other ordinances; and ii WHEREAS, the city commission desires to adopt the within ordinance in order to establish a procedure for absentee voting, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That Part VI, Registrations and Elections, Article 2. of Chapter 25768, 1949 Special Acts of Florida, as amended, be and the same is hereby amended by adding Section 16 ' which shall read as follows: i 1 SECTION 16 ABSENTEE VOTING (a) In the event any qualified elector of the city finds that he shall be unavoidably absent from his home district or physically disabled and unable to attend the polls on the day set for any general, special or primary election, j {{ he may apply to the city clerk, not later than three days prior to the 1 election day, setting forth the fact of his disability or unavoidable absence from his district on the election day and making application for the absent voter's ballot. .i (b) The application for absent elector's ballot shall be in substantially 5 the following form: P it APPLICATION FOR ABSENT ELECTOR'S BALLOT �. I.. . .. . ... . . .. duly qualified and registered as a . . . . . . .... . . . elector of the ... .. ... ... precinct of the City of Dania, County yy F 1 of Broward and State of Florida, coming within the purview of the definition "absent elector" because (check appropriate reason) : 1. I am physically disabled and unable (without the assistance of another) to attend the polls on election day. 2, I will be absent from the city during the entire period the polls are open for voting on the day of election and t cannot without manifest inconvenience vote in person. 3. I will be unable to attend the polls on election day because of the tenets of my religion. 4. I will be a supervisor of elections or deputy supervisor of elections or an inspector or a poll worker or voting machine deputy or deputy sheriff who is assigned to a different precinct than that in which I am registered to vote. I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in . .. .. ..... ... on Send "absent elector's ballot" to me at . ... Myresidence address is . ........ .... .... ............ .. i Dated ....... ... ...... t . (SEAL) �p j Signature of absnt ele e ctor I (c) No person shall both register and vote by proxy. (d) (1) Absent voter's ballot for primary elections shall be available within seven days after the deadline for the qualification of .I candidates as provided in Part VI Registrations and Elections, I Article 2. Section 9 of Chapter 25768, 1949 Special Acts of Florida, as amended. (2) Absent voter's ballot for general elections shall be available .I 1 within three days after the votes cast in the past primary I, j election have been tabulated and certified. t i (3) Absent voter's ballot for special elections shall be available within ten days after such election has been called. application for absent elector's (4) Upon receipt of the completed j ballot the City Clerk shall mail a ballot to such absent duly ) t qualified elector. � (e) In order to have his vote counted in the election the absent elector shall send said ballot to the City Clerk marked and accompanied by the following affidavit: ABSENT ELECTOR'S AFFIDAVIT STATEOF . . . ... .. . .... . .. i COUNTYOF ........ ... . ... I , , do solemnly swear that I am a resident of the State of Florida for one year and a resident II - of the County of Broward for six months preceding the ...... . . election to be held on the . .. ... day of . .. . ....... .. 19... . t \ _2_ M in the City of Dania, County of Broward, Florida; that I have not or will not vote in a primary, general or special election within thirty days prior to the day set for the election for which this vote is cast, nor in any other state within a year; that I have a legal right to vote in the election to be held in the City of Dania on the . . ... day of .. ........... 19.. .; that I have herein enclosed my ballot duly marked as required by law. Voter + Residence • • Subscribed and sworn to before me this ..... day of ... ... ...... 19..... Notary Public (f) Said ballot with accompanying affidavit shall be deposited in the United States mail in an envelope securely sealed, postage prepaid, and directed to the City Clerk in time to be received by the Clerk prior to midnight of the j day preceding the election; the envelope shall be clearly marked on the outside in ink or indelible pencil, "Ballot Election; _ day of , ly—, III City of Dania." (g) • The votes shall be tabulated and counted by such person and in such manner as may be determined by the commission by resolution. I (h) The provisions of the general laws of the State of Florida governing absent voters at municipal elections shall be applicable to general and primary i elections held in the city, except as herein provided in Part VI, Registrations and Elections, Article 2. (i) The commission shall by resolution prescribe the procedure and manner of counting and canvassing such ballots. Section 2. That in recognition of the fact that the within ordinance is being j passed on October 21, 1974, which is a date that is between the time that the primary election for the 1974 elections to the city commission has been conducted, but before . the general election for 1974 which is scheduled for November 5, 1974, and as a special provision to govern 1974 elections only, the city clerk shall immediately prepare the forms which are required, or contemplated by this ordinance, namely, the application for absent elector's ballot as provided in subparagraph (b) of Section 16 which is being pro- mulgated herein and the absent elector's affidavit which is being promulgated by sub- paragraph (e) of Section 16 being promulgated herein and shall make such forms immediately available to any applicants for absentee voting who desire to vote in the general election to be held on November 5, 1974. Further, the clerk shall prepare a form of ballot for the general election to be held on November 5, 1974, with the form to be approved by the super- I I i J levisor of elections to the extent that the supervisor of elections may have any juris- diction and such form of ballot shall be furnished to an applicant for an absent elector's ballot in time so that he may vote in the general election called for November 5, 1974. Said ballot shall be received by the city clerk prior to midnight, November 4, 1974, and may be tabulated and counted by the city clerk and other election officials at any time between 7:00 p.m., Tuesday, November 5, 1974, and 11:00 a.m. , Wednesday, November 6, 1974. The provisions of this Section shall be applicable to 1974 elections only. Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 4. That this ordinance shall be in force and take effect immediately upon its passage and adoption on second and final reading. PASSED and ADOPTED on First Reading on the 21st day of October, 1974. PASSED and ADOPTED on Second and Final Reading on the 21st day of October, 1974. v � mayor-commissi er I Attest: Ale City Clerk-Auditor i I i I -4- •.upg�gre+xxrp;;,d,,..nxm„�..... ,N..� --_ _ _... . _. _.. ___:..... .. ._ .. ........ ..