§ 30-7. Vacancy in candidacy for elective office.

(a)

If the withdrawal, death or removal of a qualified candidate for elective office following the end of the qualifying period results in only one candidate remaining on the ballot for that office, the remaining candidate shall be declared elected and no election for that office shall be required.

(b)

(1)

If the withdrawal, death or removal from the ballot of a qualified candidate for elective office following the end of the qualifying period results in no candidates for that office, a special election shall be scheduled by the city commission not less than 60 days nor more than 120 days after the vacancy in the candidacy has occurred.

(2)

If a special election is called pursuant to subsection (b)(1) of this section, a supplemental qualifying period of a duration of 15 days shall be established by the city commission to end not less than 30 days prior to the special election. Any candidate wishing to qualify during this supplemental qualifying period shall file the qualifying statement and petition required by this chapter, accompanied by the appropriate qualifying fee.

(3)

The periodic filing of campaign expense statements pursuant to F.S. ch. 106 by candidates in a special election called under subsection (b)(1) of this section shall be determined by the city commission. In fixing such dates, the city commission shall take into consideration and be governed by the practical time limitations and the dates established for such statements in a regular city election.

(4)

If a special election is called pursuant to subsection (b)(1) of this section, and other candidates qualify for election during the supplemental qualifying period, supplemental absentee ballots for the special election shall be mailed by the city clerk to any absentee voter who was mailed an absentee ballot for the regular election. If an absentee voter returns the initial ballot mailed, a vote for that office for which the special election was called will be deemed null and void, but votes on all other offices and issues shall be counted.

(c)

The name of any qualified candidate who has withdrawn, died or been removed from the ballot shall not be printed on the ballot. If the ballot cannot be changed, any votes for that candidate shall be deemed null and void.

(d)

A candidate withdrawing or being removed from the ballot after having qualified and paid the qualification fee shall not receive a refund of the qualifying fee.

(Code 1979, § 9-15)