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Hallandale Beach City Zoning Code

CHAPTER 12

ELECTIONS

Sec. 12-01.- Definition of "residence."

For purposes of this section and section 3.01 of the Charter, "residence" shall require all of the following:

(a)

A place of abode within the city;

(b)

A declaration of intent of making that place of abode the person's permanent home;

(c)

Registration to vote at the address of that place of abode; and

(d)

A Florida driver's license (or, if the person does not possess a driver's license, an official Florida state identification) that reflects the address of that place of abode.

The terms "resident," "resided," and "residing" shall be based upon this definition.

(Ord. No. 2006-05, § 1, 1-17-2006)

Sec. 12-02. - Manner of qualification.

(a)

For regular and special elections, it shall be the duty of any person desiring to become a candidate for election to the office of mayor-commissioner or commissioner to file:

(1)

A written notice of candidacy in the form set forth in subsection (c) below;

(2)

A copy of their voter registration card indicating the address of the candidate's place of abode;

(3)

A copy of their Florida driver's license (or, if the person does not possess a driver's license, an official Florida state identification) that reflects the address of such place of abode;

(4)

The qualification fee required by section 4.05 of the Charter; and

(5)

The additional election assessment imposed by state statutes (F.S. § 99.093).

(b)

Candidates must meet the applicable residency requirements set forth in section 3.01 of the Charter and other provisions of the Charter.

(c)

Notice of candidacy. The form of notice of candidacy shall be as follows:

State of Florida

County of

Before me, an officer authorized to administer oaths, personally appeared (please print name as you wish it to appear on the ballot), to me well known, who, being sworn, says that he or she is a candidate for the office of (mayor-commissioner) (commissioner) seat number _____; that he or she is a qualified elector of Hallandale Beach, Florida; that he or she is qualified under the Constitution, the laws of Florida, and the Code of Ordinances of the City of Hallandale Beach to hold the office to which he or she desires to be elected; that he or she has qualified for no other public office in the state, the term of which office or any part thereof runs concurrent with that of the office he or she seeks; that he or she has resigned from any office from which he or she is required to resign pursuant to s. 99.012, Florida Statutes; and that he or she will support the Constitution of the United States, the Constitution of the state of Florida and the Code of Ordinances of the city of Hallandale Beach.

(Signature of candidate)

(Address)

Sworn to and subscribed before me this day of, (year), at County, Florida.

(Signature and title of officer administering oath)

DATE AND HOUR OF FILING:

_______

RECEIVED BY:

/s/
      CITY CLERK/ELECTION
      OFFICIAL

  

(Ord. No. 2006-05, § 1, 1-17-2006; Ord. No. 2013-12, § 1, 9-3-2013)

Sec. 12-03. - Criminal background checks of candidates.

All candidates for mayor-commissioner and commissioner shall, simultaneously with or prior to the filing for such office, be fingerprinted by the police department, which will assure that a criminal history background check is undertaken. The results of the background check will be public records filed with the city clerk, available to the extent allowed by Chapter 119, Florida Public Records Law, and the rules and regulations of the Florida Department of Law Enforcement, but will not disqualify a candidate from office so long as the candidate is otherwise qualified to run for the position sought.

(Ord. No. 2006-05, § 1, 1-17-2006)

Sec. 12-04. - Qualification of candidates.

The time and manner for qualification of candidates for election to the office of mayor-commissioner and commissioner shall be as follows:

(1)

Time for qualification.

a.

Regular election. Candidates who qualify to run for office in the city must comply with the same timeframes as candidates who qualify to run for Broward County offices, as may be amended from time to time, pursuant to F.S. § 99.06(2).

Candidates must file qualification papers to run for the office of mayor-commissioner or commissioner at any time after noon on the 141st day (typically the third Monday in June) prior to the general election but not later than noon on the 137th day (typically the following Friday of June) prior to the general election. If either of these dates falls on a legal holiday, then the qualification papers must be filed on the first regular business day thereafter.

b.

Special elections. In circumstances in which a vacancy on the city commission in the office of mayor-commissioner or city commissioner, due to the filing of an irrevocable letter of resignation pursuant to F.S. § 99.012, "Resign to Run" law, the city commission may deem a vacancy to have occurred at the filing of the letter of resignation solely for the purpose of determining the number of vacancies to be filled at the next general or city election or for the calling a special election and setting the qualification period. In conformance with F.S. § 100.141, special elections called by local governing bodies, notice, the qualifying period for candidates to file shall begin no earlier than 30 days after the adoption of a city commission resolution calling the special election, or if it shall be a legal holiday, on the first regular business day thereafter, and shall end at noon on the fifth regular business day thereafter. A mayor/commissioner or city commissioner submitting a letter of resignation pursuant to F.S. § 99.012 shall not be required to vacate their seat until the effective date set forth in the resignation letter or as otherwise set forth in F.S. § 99.012.

(Ord. No. 2006-05, § 1, 1-17-2006; Ord. No. 2012-23, § 1, 9-19-2012; Ord. No. 2013-12, § 2, 9-3-2013)

Sec. 12-05. - City clerk's responsibilities.

The city clerk is hereby authorized and directed to take all appropriate actions necessary to carry out the provisions of this chapter.

(Ord. No. 2006-05, § 1, 1-17-2006)

Sec. 12-06. - Prohibition on certain city employees' campaign contributions in city elections.

(a)

The city manager, deputy city managers, assistant to the city manager, city attorney, all assistant city attorneys, city clerk and deputy city clerk are prohibited from making any campaign contributions to any candidate for a seat on the Hallandale Beach City Commission.

(b)

This prohibition shall not restrict the enumerated positions from making campaign contributions to any candidate in any county, state or federal elections whose districts encompasses the City of Hallandale Beach's boundaries.

(c)

Any violation of subsection (a) shall be grounds for disciplinary action against the offending employee up to and including termination.

(Ord. No. 2015-07, § 1, 8-19-2015)

Sec. 12-07. - Campaign finance reports.

(a)

Electronic reporting. Candidates for the office of mayor or city commissioner shall file their campaign treasurer's reports electronically with the city clerk. The city clerk shall determine the required format for the campaign treasurer's reports and shall provide copies of the form upon request. For purposes of this section, "campaign treasurer's reports" or "reports" shall mean the reports required of the campaign treasurers or candidates pursuant to F.S. § 106.07, as may be amended from time to time. Reports filed pursuant to this section shall be completed and filed through the electronic filing system not later than midnight of the day designated. Reports not filed by midnight of the day designated are late filed and subject to the penalties below, and all other applicable penalties, as otherwise provided by law.

(b)

Electronic posting. Campaign treasurer's reports submitted by candidates for the office of mayor or city commissioner shall be posted on the city's website by the city clerk within three business days of the date of the electronic filing by such candidate, or any other time period as may be established by applicable law. The city reserves the right, but does not assume the obligation, prior to posting, to review all filings and redact any material that in its reasonable view would violate copyright, trademarks, patent or other proprietary rights of others, or any language, pictures, or symbols that in any way violate any federal, state, or local law.

(c)

Penalties. In addition to any other penalties that may be applicable, and as otherwise provided by law, any individual who violates this section shall be subject to a fine up to $50.00 per day for the first three days late and, thereafter, $500.00 per day for each day late, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report. If it is determined by a court that has jurisdiction over an alleged violation of this section that unusual circumstances caused the campaign treasurer's report to be filed late, then the city will request that no fine be imposed by the court. As used herein, "unusual circumstances" shall mean uncommon, rare or sudden events over which the actor has no control, and which directly result in the failure to act according to the filing requirements. Unusual circumstances must occur within a time period that would clearly prevent the person legally responsible for filing the report from doing so in a timely manner. However, for reports immediately preceding each primary and general election, the fine shall be $500.00 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report.

For 90-day termination reports, the fine is $50.00 per day for each late day, not to exceed 25 percent of the total receipts or expenditures, whichever is greater, for the period covered by the late report.

(d)

Training assistance. The city clerk shall provide training assistance to candidates regarding the electronic filing requirements herein.

(Ord. No. 2020-017, § 2, 8-19-2020)