Could a Pasco County city change its municipal election date by ordinance under Florida's voting device exception?

Plain-English summary

Pasco County's supervisor of elections and Zephyrhills' city manager asked whether a municipality could change its election date by ordinance despite a county special act setting uniform municipal election dates. The AG declined to give a formal answer. The office said interpretation of the Florida Elections Code belonged to the Division of Elections and that assessing every city's charter and ordinances was beyond the request before it.

As informal general comments, the AG read section 101.75(1) and (2) as a specific exception for a municipality facing too few voting devices to run its election on the same date as a statewide or county election. The county special act otherwise appeared to control election dates across Pasco County. That reading preserved both provisions, rather than treating the general statute as repeal of the special act. The letter said a determination of insufficient devices and each city's own governing documents would matter, but it did not decide any municipality's authority on particular facts.

Currency note

This opinion was issued in 2008. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the AG authorize every Pasco city to change its election date by ordinance?
A: No. The office declined a formal opinion and gave only a general reading of the voting device exception.

Q: When did the AG think section 101.75 could matter?
A: When a municipality determined that too few voting devices were available for a municipal election held on the same date as a statewide or county election.

Q: Did the statewide statute supersede Pasco County's special act altogether?
A: The AG's informal reading said no. It treated the special act as controlling other circumstances and the statute as addressing the specific equipment shortage.

Background and statutory framework

Chapter 84-506, Laws of Florida, set uniform municipal filing and election dates in Pasco County. The 2008 letter noted that a 1992 act changed filing dates without materially changing the special act's election date rule. Section 101.75 addressed a narrower situation involving simultaneous elections and insufficient voting equipment. The AG limited the response to an informal reading because the Division of Elections held primary interpretive authority over the elections code and the city specific documents were not before the office.

Citations

• Chapter 84-506, Laws of Florida, the Pasco County special act.
• Chapter 92-227, Laws of Florida, the filing date amendment.
• Section 101.75(1) and (2), Florida Statutes, the voting device provision discussed in the letter.

Subject

Municipal Election Dates

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/municipal-election-dates
• Official print view: https://www.myfloridalegal.com/print/pdf/node/8257

Original opinion text

The Honorable Brian E. Corley

Supervisor of Elections

Pasco County

Post Office Box 300

Dade City, Florida 33526-0300

Mr. Steven F. Spina

City Manager

City of Zephyrhills

5335 Eighth Street

Zephyrhills, Florida 33542-4312

Dear Mr. Corley and Mr. Spina:

Thank you for your letters requesting this office's opinion on the following questions:

"1. May a municipality in Pasco County change the date of their election by ordinance; even though the following Legislative act, Chapter 84-506, House Bill No. 378, Section 1, states, "...the intent of this act is to provide for uniform filing and election dates for all municipal elections to elect municipal officers in Pasco County . . ." and this act became effective on January 1, 1985?

2. If the answer to Number 1 is yes, does that mean 101.75, Florida Statutes, supersedes Chapter 84-506, House Bill No. 378, Section 1?

3. If the answer to Number 1 is no, will Pasco County's municipalities need to have a Legislative act to be able to change their municipal election dates by ordinance?"

For several reasons, this office will be unable to formally address these questions.

Interpretation of provisions of "The Florida Elections Code," Chapters 97-106, Florida Statutes, is the exclusive province of the Division of Elections, Department of State.[1] Thus, since your questions involve an interpretation of the elections code, you may wish to pose these questions to that office.

In addition, your questions appear to require an analysis of the charters or ordinances of every municipality in Pasco County. This is beyond the scope of this office's authority unless each municipality joins in your request and the attorneys for those municipalities submit the required information to us for review. This office can only comment on the powers and duties of a municipality if a majority of the members of the governing body requests such an opinion.[2] Therefore, any opinion commenting on the authority of a municipality to take action by ordinance must be requested by the governing body or its attorney.

However, in an effort to assist you in some way, I would offer the following informal general comments.

Chapter 84-506, Laws of Florida, was enacted by the Legislature in 1984 to provide uniform filing and election dates for municipal elections in Pasco County. The terms of the special act are general and appear to be effective throughout the county.[3] The terms of Chapter 84-506, Laws of Florida, were amended in 1992 by Chapter 92-227, Laws of Florida, to revise filing dates for municipal elections, but no substantive amendments to the terms of the special act have been made.[4]

The terms of section 101.75(1) and (2), Florida Statutes, appear to deal with an emergency situation where a municipality determines that the county does not have the number of voting devices available to meet the demands of a municipal and a statewide or county election to be held on the same date. In this situation, the statute provides municipalities with the authority to change the date of a municipal election by ordinance.

Because the provisions of the special act appear to be general in nature and the statutory language in section 101.75 (1) and (2), Florida Statutes, is directed to a specific situation, it would appear that these provisions can be read so that the force and effect of each is preserved.[5] Reading these provisions in pari materia, it would appear the specific provisions of section 101.75(1) and (2), Florida Statutes, would control in the event a municipality determines that the voting devices of the voting system will not accommodate holding a municipal election on the same date as a statewide or county election. In all other cases, the provision of the special act relating to all municipalities in Pasco County would control.

I would strongly suggest that, if this is indeed a current issue in Pasco County, you work with the attorneys for the individual municipalities to determine whether action is needed and in what form it must occur. It may be necessary to review the charters and ordinances for each municipality and section 101.75(1), Florida Statutes, appears to contemplate that a determination must be made that a municipality will not have enough voting devices available for both a municipal and statewide or county election before the provisions of the act are effective.

I regret that this office cannot be of more direct assistance to you in this regard. However, I trust you will understand that our authority is limited and we are bound to comply with our statutory directive.

Sincerely,

Gerry Hammond

Senior Assistant Attorney General

GH/t

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[1] See s. 97.012(1), Fla. Stat.

[2] See section 16.01(3), Florida Statutes and Department of Legal Affairs Statement Concerning Attorney General Opinions (available at www.myfloridalegal.com).

[3] See s. 1, Ch. 84-506, Laws of Fla.

[4] See Ch. 92-227, Laws of Fla.

[5] See Wakulla County v. Davis, 395 So. 2d 540 (Fla. 1981), Ideal Farms Drainage District, et al. v. Certain Lands, 19 So 2d 234 (Fla. 1944) and State ex rel. Ashby v. Haddock, 140 So. 2d 631 (Fla. 1st DCA 1962).