Florida State Courts Wrestle With Issue of Whether Counties are Free to Choose Non-Partisan Elections for Their Own Officers

Orange County voters, several year ago, voted to make certain county executive positions non-partisan. However, then the Florida State Court of Appeals ruled that counties do not have the authority to make a decision like that. According to this story, Orange County officials will ask the Florida Supreme Court to reverse that decision.


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Florida State Courts Wrestle With Issue of Whether Counties are Free to Choose Non-Partisan Elections for Their Own Officers — 2 Comments

  1. Obviously in almost ALL stuff —

    local regimes only have the powers provided by State laws.

  2. 1968 FL Const
    Art. VI
    SECTION 6. Municipal and district elections.—Registration and elections in municipalities shall, and in other governmental entities created by statute may, be provided by law.
    —-
    Art VIII
    SECTION 1. Counties.—
    (a) POLITICAL SUBDIVISIONS. The state shall be divided by law into political subdivisions called counties. Counties may be created, abolished or changed by law, with provision for payment or apportionment of the public debt.
    (b) COUNTY FUNDS. The care, custody and method of disbursing county funds shall be provided by general law.
    (c) GOVERNMENT. Pursuant to general or special law, a county government may be established by charter which shall be adopted, amended or repealed only upon vote of the electors of the county in a special election called for that purpose.
    (d) COUNTY OFFICERS. There shall be elected by the electors of each county, for terms of four years, a sheriff, a tax collector, a property appraiser, a supervisor of elections, and a clerk of the circuit court; except, when provided by county charter or special law approved by vote of the electors of the county, any county officer may be chosen in another manner therein specified, or any county office may be abolished when all the duties of the office prescribed by general law are transferred to another office. When not otherwise provided by county charter or special law approved by vote of the electors, the clerk of the circuit court shall be ex officio clerk of the board of county commissioners, auditor, recorder and custodian of all county funds.
    (e) COMMISSIONERS. Except when otherwise provided by county charter, the governing body of each county shall be a board of county commissioners composed of five or seven members serving staggered terms of four years. After each decennial census the board of county commissioners shall divide the county into districts of contiguous territory as nearly equal in population as practicable. One commissioner residing in each district shall be elected as provided by law.
    (f) NON-CHARTER GOVERNMENT. Counties not operating under county charters shall have such power of self-government as is provided by general or special law. The board of county commissioners of a county not operating under a charter may enact, in a manner prescribed by general law, county ordinances not inconsistent with general or special law, but an ordinance in conflict with a municipal ordinance shall not be effective within the municipality to the extent of such conflict.
    (g) CHARTER GOVERNMENT. Counties operating under county charters shall have all powers of local self-government not inconsistent with general law, or with special law approved by vote of the electors. The governing body of a county operating under a charter may enact county ordinances not inconsistent with general law. The charter shall provide which shall prevail in the event of conflict between county and municipal ordinances.
    *** rest omitted


    IE ALL main election stuff must be in State consts to stop the usual hack machinations.

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