(a) Each candidate seeking the office of Mayor or Town Commission member shall seek to qualify for election to that office in the manner prescribed by the Town Charter, on or before 12:00 noon of the 81st day, but not earlier than noon of the 85th day, prior to the date of such election. Payment of the applicable fees and filing of paperwork to qualify, as set forth in sub-section (b), must be filed during the qualifying period. In computing the qualification days, the election day is to be excluded, but all Sundays and holidays are to be included. Should the 81st day preceding an election fall on a Sunday, Saturday, or holiday, the qualification papers, and payment of the applicable fee, all as set forth in sub-section (b) must be filed on or before 12:00 noon on the preceding business day. Each person seeking to qualify for election to office as a write-in candidate shall qualify for election to that office in the same manner prescribed by the Town Charter, on or before 12:00 noon of the 81st day prior to the general election but not earlier than noon of the 85th day prior to the election. If the 81st day preceding an election falls on a Sunday, Saturday, or holiday, the qualification papers to run as a write-in candidate must be filed on or before 12:00 noon on the preceding business day.
(b) Subject to the power of the Town Commission to act as the judge of qualifications for candidates to hold elective office in the town, to qualify for the office of Mayor or Town Commissioner, a person must:
(1) Be a qualified elector of the town at the time of qualification;
(2) Have maintained continuous residency within the town for at least six (6) continuous months immediately prior to the date of qualification for the office sought;
(3) Submit a nominating petition completed consistent with section 13-2 signed by twenty-five (25) qualified town electors who are qualified electors at the time of submission to the Town Clerk of the nominating petition;
(4) Comply with Section 99.093, Florida Statutes, and section 13-6(c) of this code, with regard to payment of the qualifying fee/Florida Department of State election trust fund assessment fee;
(5) Submit a sworn statement under oath of his or her name, address, occupation, that said person possesses all of the qualifications required by law and this code for the office, the name of the office he seeks, and that said candidate is in compliance with paragraphs (1) and (2) above;
(6) File a loyalty oath as required by Section 876.05, Florida Statutes;
(7) Submit a statement of a willingness to serve as required by the town charter;
(8) File a statement of financial interests (financial disclosure form) as required by Section 99.061, Florida Statutes. As provided in Section 99.061(7)(a)5., a person seeking to qualify who has previously filed a full and public financial disclosure or statement of financial interests with the Florida Commission on Ethics or the supervisor of elections prior to qualifying for office may file a copy of that disclosure at the time of qualifying;
(9) File a candidate oath as required by Section 99.021, Florida Statutes; and
(10) Submit or file such other documentation as may be required by the Brevard County Supervisor of Elections and/or the state division of elections.
All of the foregoing information must be filed with the Town Clerk in proper, complete, fully executed, and legal form during the time of qualification as set forth in subsection (a) above.
(c) Payment of qualifying fee. With the exception of write-in candidates, at the time an individual seeks to qualify as a candidate for the office of Town Commissioner or Mayor, the candidate shall pay a qualifying fee as described in the town charter. The qualifying fee is co-extensive with and consists of the payment of the Florida Department of State election trust fund assessment fee. Pursuant to Section 99.093, Florida Statutes, the assessment/qualifying fee is equivalent to one percent (1%) of the annual salary of the position to which the candidate seeks election. All payments of fees and assessments must be made in the form of a check drawn on the candidate's campaign account. As required by Section 99.093, Florida Statutes, any person seeking to qualify for Town Commission who is required to pay and who is unable to pay the election assessment without imposing an undue burden on personal resources, shall certify of such inability under oath in the presence of the qualifying officer. Thereafter, the individual shall be excused from paying a qualifying or election trust fund assessment fee.
(d) Qualification of write-in candidates.
(1) Each person seeking to qualify for election to office as a write-in candidate shall file his or her qualification papers with the Town Clerk during the period for qualifying as a candidate. All write-in candidates shall comply with subsection (b)(1), (2), and (5) through (10), above. Any person who is seeking election as a write-in candidate shall not be required to pay a qualifying fee or election assessment.
(2) A write-in candidate is not entitled to have his or her name printed on any ballot; however, space for the write-in candidate's name to be written in must be provided on the election ballot. At the time of certifying under oath compliance with the above information in subsection (b)(1), (2), (5), (6), and (9) and filing the required information in subsection (b)(7), (8), and (10), a write-in candidate shall be considered a candidate. A person may not qualify as a write-in candidate if the person has also otherwise qualified for nomination or election to such office. Failure to qualify as a write-in candidate shall mean that any write-in votes cast for such person shall not be counted.
(Ord. 2001-01, passed 9-19-01; Am. Ord. 2008-07, adopted 7-2-08; Am. Ord. 2010-04, adopted 4-21-10; Am. Ord. 2014-03, adopted 4-16-14; Am. Ord. 2019-02, adopted 7-17-19)