The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1913-08-27
SPECIAL ELECTIONS IN THE CITY

In regard to the special election
called by Mayor Robertson, without
authority of the council, for the sec
ond ward Sept. 8, the city attorney
has rendered the following opinion:
Section four of the ordinance of
the city of Ocala, relative to cleo
tions, ETC., reads as follows:
Special elections shall be held
in the following cases and in no
other:
Where there has been no choice
of an officer who should have been
elected at a general election.
Where a vacancy shall occur
more than six months before any
general election, by death. resigna-
ton, removal, expulsion or other
wise, in the office of mayor or mem
bers of the city council
General elections in the city of
Ocala are to be held on the second
Tuesday in December of each year.
The resignation of DR.. Hood, as
councilman from ward two, was ac-
cepted on August 18th, 1913. 1t
therefore appears that this vacancy
occurred at a time less than six
months before the date of the gem
eraI election this year, and from the
foregoing quoted section of the cleo
tion ordinance it will be observed
that the special election to fill this
vacancy, the mayor, with the advice
and consent of the city council, may
order the same. The proclamation
of the mayor is as follows:
a. Notice of Special Election. No
Lice is hereby given that a special
election is hereby called for the pur-
pose of electing a councilman from
ward two of the city of Ocala to fill
the unexpired term of DR.. J. w.
Hood, resigned. Said election will
be held at the city hall on the 9th
day of September, A. D. 1913
hereby appoint Frank Harris, Jr, H.
H. Milestone and Charles H. Math-
ews, as inspectors, and E. E.. Robin
son as clerk of said election.
j. d. Robertson, Mayor
1T will be observed that the cleo
tion is to be held on September 9th
and the proclamation is dated August
21st. 1t will therefore also be OBJ
served that there are only eighteen
days intervening from the date of
the proclamation to the time of the
election called; and from the min
utes of the meeting of the city coun-
Gil it does not appear that the coun-
Gil has consented to the calling of
said election and could not do So
legally, because section 16 of the
election ordinance reads as follows:
1t shall be the duty of of the
city council, in case of a special city
election for the election of officers
to fill vacancies, or for any other pur-
pose. to hold a special meeting, at
least thirty days before said cleo
1ion, to revise the registration books
and a meeting at least ten days be-
AoAS Sdlu SIeCllOu, u near COM
plants; and they shall cause to : .
published and posted, list of names
stricken from said registration
books and notice as herein provided;
except that such list and notice need
not be published for a longer time
than two weeks
ut will, therefore, be observed that
the date of the election fixed by the
proclamation of the mayor is at such
a time as will absolutely prevent the
city council from complying with the
law as to special elections in the
matter of revising the registration
books. The time fixed by the procIa-
nation of the mayor for the holding
OF the special election referred to
also prevents the exercise OF the