Generally, the Florida Election Code ("FEC"), located at Chapters 97-106, Florida Statutes, in conjunction with a municipality's Charter and/or elections ordinance, governs and controls the conduct of a municipality's local elections. With very few exceptions, including the process for municipal recall and regulations that govern campaign finance, municipalities are free to control most aspects of their own local elections.  For example,  municipalities are free to "opt out" of the early voting process and are free to set their own dates for candidate qualifying.  However, for purposes of practicality and financial benefit, most (if not all) municipalities in Palm Beach County have entered into agreements with the Supervisor of Elections that specify the mechanics of conducting both general and special municipal elections.  These agreements provide that the Supervisor of Elections will conduct the municipal election and, pursuant to the specific municipality's charter, canvass and certify the results. Since most municipal elections are held on the same date (generally the second Tuesday in March), municipalities enjoy the ability to share the expense of utilizing the Supervisor of Elections to do this work.

The qualifying requirements for municipal office typically include the filing of a candidate's oath, the payment of a filing fee or assessment or obtaining sufficient signatures on a petition, and the filing of campaign finance/treasurer papers.  In addition, state financial disclosure forms are required.  The necessary forms, as well as filing deadlines, can be obtained from your municipal clerk.  Once the qualifying paperwork is completed, it is likewise filed with your municipal clerk.

Article II, Section 5(a), of the Florida Constitution, and Section 99.012, Florida Statutes,  prohibit dual office holding.  These provisions state in pertinent part that "no person shall hold at the same time more than one office under the government of the state and the counties and municipalities therein."  Although there are limited exceptions (such as an exception for the office of Notary Public), generally speaking, a state, county or municipal officer must resign his or her current office prior to qualifying for another office.  The resignation is irrevocable, it must be filed with the qualifying clerk at least 10 days prior to the first day of qualifying for the new office sought, and it must be effective as of the date that the new office would be taken, or the date the current officer's successor would be required to take office.   

The purpose of the prohibition against dual office holding is to ensure that one officer is not beholden to two masters, and to avoid the creation of a conflict of interests.  The prohibition applies to both elected and appointed officers.  It is not necessary that the two offices be within the same government unit.  That is, for example, a municipal official would be prohibited from seeking a county or state level office without first resigning his or her municipal office.  The Florida Supreme Court has held that the acceptance of an incompatible office by an individual already holding office "operates as a resignation of the first." Holley v. Adams, 238 So. 2d. 401, 407 (Fla. 1970), meaning that the action of accepting a new office in violation of the dual office-holding prohibition operates as a resignation of the old office.

For additional information regarding the state elections code or campaign finance requirements, visit the Florida Elections Commission's website, or for any questions regarding the municipal elections process, call the Firm.