§ 26-7. Special election on death of candidate or vacancy in city commission.

(a)

If in any preliminary election any person entitled to have his name printed on the ballot for such election shall die prior to the closing of the polls on the date of such election, the preliminary election, as to the district in which he was a candidate, shall not be held or if held shall be deemed, considered and declared to be void, and the regular municipal election as to that district shall not be held. Instead, special elections for that district shall be called and held as provided in this section. All other candidates for the office of city commissioner in that preliminary election who are entitled to have their names printed on the ballot in the same district as that of decedent shall be entitled to and shall have the right to have their names printed, in addition to those of others who shall subsequently qualify for such right, on the ballot for the special preliminary election to be called and held as provided in this section.

(b)

If in any regular municipal election any person entitled to have his name printed on the ballot for such election shall die prior to the closing of the polls on the date of such election, the regular municipal election and the preliminary election immediately preceding it, as to the district in which he was a candidate, shall be deemed, considered and declared to be void. Instead, special elections for that district shall be called and held as provided in this section.

(c)

If any person elected to the office of city commissioner at a regular municipal election shall die prior to the meeting of the city commission required to be held by section 2.09 of the charter, such regular municipal election and the preliminary election preceding it, as to the district in which he was a candidate, shall be deemed, considered and declared to be void. Instead, special elections for that district shall be called and held as provided in this section.

(d)

When a vacancy occurs in the office of city commission for any reason, other than those set forth in subsections (a), (b) and (c) of this section, more than 90 days preceding the time for the holding of the next ensuing preliminary election, the remainder of the unexpired term shall be filled by special election as provided in this section. If such vacancy occurs not exceeding 90 days preceding the time for holding the next ensuing preliminary election, no special election shall be called or held to fill such vacancy for the remainder of the unexpired term.

(e)

The special elections provided for in this section shall be called and held as follows:

(1)

The city commission shall, by resolution, call such special preliminary and such special regular municipal elections as may be necessary to meet the requirements of this section. The resolution shall state the purpose thereof, the time and place of the elections and order that the elections be held. The resolution shall be published at least once each week for three consecutive weeks in a newspaper published in the city, the first publication being at least 45 days prior to the date of holding the elections. If no newspaper is published in the city, a copy of such resolution shall be posted in at least ten different places within the territorial limits of the city for such 45-day period of time.

(2)

The provisions of this chapter shall be applicable to special elections called under this section, except as to the time of holding the special election, the designations thereof on the ballot, and as modified to conform with the provisions of this section. The same amount of time shall be allowed between a special preliminary election and a special regular municipal election as is now provided for between a preliminary election and a regular municipal election.

(Code 1958, § 11-18.2)

State law reference

Provisions for filling vacancies required, F.S. § 166.031(6).