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 Indian Shores
 Code of Ordinances
 SubPart A. GENERAL ORDINANCES
 Chapter 30. ELECTIONS

  § 30-7. Vacancy due to death, withdrawal or removal of candidate or an insufficient number of candidates.  

Latest version.

  • (a)

    Vacancy in candidacy for office of mayor.

    (1)

    If there is only a single qualified candidate on the ballot for the office of mayor when the time for qualifying closes or if, at the time of the election, there is only a single qualified candidate remaining for the office of mayor due to the death, withdrawal, removal or disqualification of all other candidates for the office of mayor, such candidate shall be deemed to be elected on the date of the election and no formal election shall be necessary.

    (2)

    If all candidates for the office of mayor die, withdraw, are removed from the ballot or are disqualified after the qualifying period, the town council shall hold a special meeting within seven days after being notified that all candidates have died, withdrawn, been removed from the ballot or disqualified. At such meeting, the town council shall take the following action:

    a.

    If there is sufficient time prior to the regularly scheduled election for candidates to qualify, be determined to be a qualified candidate, and be placed on the ballot, the town council shall by resolution declare that the qualifying period for the office of mayor shall reopen for a period beginning on a date determined by the town council which date shall begin no later than seven days after the special meeting and end at 12:00 noon 14 days after the beginning date.

    b.

    If there is insufficient time prior to the regularly scheduled election for candidates to qualify, be determined to be a qualified candidate, or be placed on the ballot, the town council shall by resolution establish an additional qualifying period for the office of mayor and take such action as may be necessary to schedule a special election for the office of mayor. The additional qualifying period for the office of mayor must begin no later the 14 days following the date of the special meeting and shall be for a period of 14 days ending at 12:00 noon on the fourteenth day. The special election must be held within 120 days of the date of the special meeting. The current mayor shall serve as the interim acting mayor until such time as the special election is held and the new mayor assumes office.

    (b)

    Vacancy in candidacy for office of council member.

    (1)

    If the number of qualified candidates on the ballot for the office of councilmember at the time of the election is equal to the candidates shall be deemed to be elected on the date of the election and no formal election shall be necessary. If, at the conclusion of the qualifying period, the number of qualified candidates for the office of councilmember is less than the number of seats to be elected, or after the qualifying period has ended, the number of qualified candidates for the office of councilmember becomes less than the number of seats to be elected due to the death, withdrawal or disqualification of one or more candidates, the town council shall hold a special meeting within seven days after being notified of the situation. At such meeting, the town council shall take the following action:

    a.

    If there is sufficient time prior to the regularly scheduled election for candidates for the office of councilmember to qualify, be determined to be a qualified candidate, and be placed on the ballot, the town council shall by resolution declare that the qualifying period for the office of councilmember shall reopen for a period beginning on a date determined by the town council which date shall begin no later than seven days after the special meeting and end at 12:00 noon 14 days after the beginning date.

    b.

    If there is insufficient time prior to the regularly scheduled election for candidates for the office of councilmember to qualify, be determined to be a qualified candidate, or be placed on the ballot, the town council shall by resolution establish an additional qualifying period for the office of councilmember and take such action as may be necessary to schedule a special election for the office of councilmember. The additional qualifying period for the office of councilmember must begin no later the 14 days following the date of the special meeting and shall be for a period of 14 days ending at 12:00 noon on the fourteenth day.

    The special election must be held within 120 days of the date of the special meeting. The current office holders shall serve as the interim acting office holders until such time as the special election is held and the newly elected council members assume office.

(Code 1979, § 9-7; Ord. No. 2008-6, § 1, 7-8-08)

State law reference

Procedure for filling vacancy required, F.S. § 166.031.