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Exh 4FAGENDA ITEM #4F JUNE 25, 2001 CITY OFATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC $EACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5800 FAX: (904) 247-5805 SUNCOM: 852-5800 http;//ci.atlantic-beach.ft.us June 18, 2001 To: The Honorable Mayor and City Commissioners i From: Maureen King, City Clerk, ~~~~ Subject: Ballot Deadline in recent discussions with the Supervisor of Elections office, 1 have been advised that the information provided earlier regarding the deadline to add an item to the ballot for our election on October 2, 2001, was incorrect. From a purely logistical standpoint, the deadline of September 11 would give the Supervisor of Elections sufficient time to have something added to the ballot. However, in determining this date, no consideration was given to the legal requirements: Florida law requires that a referendum must be advertised twice -three weeks before the election and five weeks before the election. In order to allow sufficient time for advertising, the latest date the City Commission could adopt an Ordinance to put a referendum on the ballot, would be Monday, August 13. I apologize for the misunderstanding. I also learned from the Supervisor of Elections that if citizens wish to pursue having a referendum added to the ballot the signed petitions would have to be submitted to their office by the end of June in order to provide time for their staff to verify signatures and respond to the citizens group within the prescribed time limits. While I have not been asked for any information by any of the citizens who are proposing to put a referendum on the ballot, during a brief review of this matter I learned that while Florida Statutes requires the signatures of 10% of the registered voters at the preceding municipal election, Section 45 of the City Charter requires "a petition signed by registered electors of the city equal to at least twenty-five per centum (25%) of the registered electors at the last preceding regular municipal election..." The Charter would take precedence over the Statutes in this regard. Please let me know if you would like any additional information xc: City Manager