§ 5.05. Elections.

(a)

Primary elections. On the Tuesday which is ten weeks prior to each general municipal election, there shall be held a nonpartisan primary election for the nomination of candidates for Council Members and Mayor, if applicable, which primary shall be called by the Council by proper resolution, notice of which shall be published for five consecutive days in a daily newspaper published in the City, which shall contain a list of such candidates, the offices to be filled and the time when and the place where such election shall be held, and the last publication shall appear at least ten (10) days prior to the date of holding said primary. The two candidates from each district receiving the highest number of votes cast by the electors of said district shall be declared the primary nominees, and shall be entitled to have their names printed on the ballot to be used in the general municipal election. If a candidate for Mayor receives more than fifty percent (50%) of the votes cast in the primary, then that candidate shall be considered duly elected and shall not be required to be placed on the general election ballot. If no candidate for Mayor receives more than fifty percent (50%) of the vote in the primary election then the two candidates for Mayor receiving the highest number of votes cast by the electors at large shall be declared the primary nominees, and shall be entitled to have their names printed on the ballot to be used in the general municipal election. Only the names entitled to be on the ballot pursuant to this Subsection 5.05(a) and no others shall be certified by the City Clerk as candidates duly nominated for office. A tie between two (2) or more candidates for the same nomination shall be decided by lot under the direction of the City Clerk. If there are only two (2) candidates for nomination for an office in a primary election, no primary election shall be held for that office and both candidates shall be certified by the City Clerk as candidates duly nominated for that office. In situations where there is only one candidate for nomination to an office, neither the primary election nor the general election will be held for that office and the candidate shall be declared elected to that office.

(b)

General elections. On the first Tuesday following the first Monday in November of each odd-numbered year, a general municipal election shall be held. The City Clerk, on or before the tenth day before the general municipal election, shall cause a notice to be published calling such election for three (3) consecutive days in a daily newspaper published in the City, which shall contain a list of such candidates, the office to be filled, and the time when and the place where such election will be held. In the general municipal election the electors of the City at large shall, from among the candidates on the ballot, vote for one candidate from each district and, if applicable, for one candidate for Mayor; the candidate from each district receiving the highest number of votes shall be declared elected as Council Member from said district, and the candidate for Mayor receiving the highest number of votes shall be declared elected as Mayor. A tie between two (2) or more candidates for the same office shall be decided by lot under the direction of the City Clerk.

(c)

Special elections. Special municipal elections may be called by the Council at any time for such purposes as are authorized by this Charter or by law. Notice of all special elections shall be published in a daily newspaper published in the City once a week for the four (4) weeks immediately preceding the election.

(d)

Canvassing board. The City shall use the Pinellas County Canvassing Board to canvass all of its election returns unless the Pinellas County Canvassing Board initiates charges which are deemed by a resolution of the City Council, receiving at least six affirmative votes, to be excessive or unless the Pinellas County Canvassing Board refuses to canvass the City election returns. In either such case the City Council shall then establish a canvassing board by resolution.

(e)

Terms of Council Members. All Council Members shall be elected for a term of four (4) years. The Mayor shall be elected for a term of four (4) years.

(f)

[Conflicting provisions.] Whenever any State or Federal law or requirement conflicts with any provision of this Charter relating to the process or procedures for the conduct of elections, including but not limited to qualifying candidates, election campaigns, canvassing returns, or any other aspect of the election process, this Charter may be amended by ordinance, instead of referendum, to comply with the State or Federal law or requirement. When a Charter requirement concerning election dates or qualifying dates for elections is in conflict with a requirement of the Pinellas County Supervisor of Elections, which requirement is based on the Supervisor's inability to support and conduct an election as described in this Charter, this Charter may be amended by ordinance instead of referendum, to comply with Supervisor's requirement.

(Ord. No. 329-F, § 1, 1-18-1979, ratified 3-20-1979; Ord. No. 448-F, § 1, 9-25-1980, ratified 3-17-1981; Ord. No. 449-F, § 2, 9-25-1980, ratified 3-17-1981; Ord. No. 756-F, § 1, 7-19-1984, ratified 11-6-1984; Ord. No. 757-F, § 1, 7-19-1984, ratified 11-6-1984; Ord. No. 1012-F, § 23, 1-7-1988, ratified 3-8-1988; Ord. No. 81-G, §§ 2.10—2.12, 2-25-1993, ratified 3-23-1993; Ord. No. 175-G, § 1, 9-15-1994, ratified 11-8-1994; Charter Review Commission, Amendment 4, Amendment 7, ratified 3-27-2001; Ord. No. 803-G, § 3, 1-11-2007, ratified 3-13-2007; Ord. No. 804-G, § 3, 1-11-2007, ratified 3-13-2007; Ord. No. 835-G, § 2, 6-7-2007; Ord. No. 838-G, § 2, 6-21-2007; Ord. No. 888-G, § 3, 8-21-2008; Ord. No. 929-G, § 3, 6-4-2009, election of 9-1-2009; Ord. No. 942-G, § 3, 8-6-2009, ratified 11-3-2009; Ord. No. 995-G, § 2, 12-16-2010)