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 Orlando
 Code of Ordinances
 Chapter 21. ELECTIONS

  § 21.23. Vacancy in Candidacy.  

Latest version.

  • (1)

    Withdrawal. If the withdrawal of a qualified candidate following the end of the qualifying period results in only one (1) candidate remaining on the ballot for that office, the remaining candidate shall be declared elected and no election for that office shall be required.

    (2)

    Death or Removal.

    (a)

    If the death or removal from the ballot of a qualified candidate following the end of the qualifying period results in less than two (2) candidates remaining for that office, a special election shall be scheduled by the City Council not less than sixty (60) days nor more than one hundred twenty (120) days after the vacancy in the candidacy has occurred.

    (b)

    If a special election is called pursuant to subsection (b)(1) above, a supplemental qualifying period shall be established by resolution of City Council.

    (c)

    A remaining candidate for that office shall not be required to requalify for election or pay a second qualifying fee. A remaining candidate shall not be declared an unopposed candidate under Florida Statutes ch. 106, unless no additional candidate qualifies for election during the supplemental qualifying period. The remaining candidate may continue to accept contributions until declared unopposed. If declared unopposed pursuant to this section, the candidate shall be declared elected; and the special election shall be canceled.

    (d)

    The filing of campaign expense statements pursuant to Florida Statutes ch. 106, by candidates in a special election called under subsection (b)(1), including a remaining candidate, shall not be later than such dates as fixed by the City Clerk. In fixing such dates, the City Clerk shall take into consideration and be governed by the practical time limitations and the dates established for such statements in a regular City election.

    (e)

    If a special election is called pursuant to subsection (b)(1) and other candidates qualify for election during the supplemental qualifying period, supplemental absentee ballots for the special election shall be mailed to any absentee voter who was mailed an absentee ballot for the regular election. If an absentee voter returns the initial ballot received by mail, the absentee voter's vote for that office for which the special election was called will be null and void, but votes on all other offices and issues shall be counted.

    (3)

    Removal of Name from Ballot. The name of any qualified candidate who has withdrawn, died or been removed from the ballot shall not be printed on the ballot. If the ballot cannot be changed, any votes for that candidate shall be null and void.

    (4)

    Refund of Qualifying Fee. A candidate withdrawing or being removed from the ballot after having qualified and paid the qualification fee shall not receive a refund of the qualifying fee.

(Ord. of 5-2-1994, Doc. #27502; Ord. of 8-14-1995, Doc. #28705)