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 Port Orange
 Code of Ordinances
 CHARTER
 Article V. QUALIFICATIONS AND ELECTIONS

  § 5.04. Elections.  

Latest version.

  • (a)

    Multiple candidates.

    (1)

    Primary. When two or more persons qualify as candidates for the office of city council member or mayor for any of the designated seats of the city council to be filled at an election, the names of the persons who so qualified shall appear on the ballot and be voted upon at a primary election to be held ten (10) weeks prior to the first Tuesday after the first Monday in November of each even-numbered year. Any candidate in the primary election who receives a majority of the votes cast for a designated seat on the city council shall be declared elected, and no regular city election for such seat will be held.

    (2)

    Regular. In the event no candidate for a designated seat on the city council receives a majority of the votes cast for such seat in the primary election, the two persons receiving the highest number of votes cast for such designated seat shall be voted upon at the regular city election to be held on the first Tuesday after the first Monday in November of each even-numbered year, commencing in 2010. The candidate in the regular election who receives the highest number of votes cast for a designated seat on the city council shall be declared elected.

    (3)

    Special election. When two (2) or more persons qualify as candidates for the office of city council member or mayor for any of the designated seats of the city council to be filled at a special election, the names of the persons who so qualified shall appear on the ballot and be voted upon at a primary election. Any candidate in the primary election who receives a majority of the votes cast for a designated seat on the city council shall be declared elected, and the special city election for such seat shall be canceled. In the event no candidate for a designated seat on the city council receives a majority of the votes cast for such seat in the primary election, the two (2) persons receiving the highest number of votes cast for such designated seat shall be voted upon at the special city election. The candidate in the special election who receives the highest number of votes cast for a designated seat on the city council shall be declared elected.

    (b)

    Single candidates. In the event not more than one person qualifies as a candidate, for a designated seat on the city council to be filled at an election, that seat shall not be listed on the primary or regular city election ballot. Each unopposed candidate shall be deemed to have voted for himself.

(Ord. No. 1990-21, § 1, 6-19-90; Ord. No. 1993-32, § 1, 8-10-93; Ord. No. 1999-33, §§ 2, 3, 8-10-99; Ord. No. 20008-35, § 5, 10-21-08)

State law reference

Authority to change election dates and qualifying periods, F.S. § 166.021(4).

Editor's note

Ord. No. 1990-21 was approved at an election held September 4, 1990. Ord. No. 1993-32 was approved at a special election held on October 5, 1993.