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Date of Issue: July 28, 2010

Days remain to run for recall seat

With the recall election for Commissioner Harry Stoltzfus set for Sept. 7, the Anna Maria City Commission unanimously approved a resolution setting the qualifying dates for candidates seeking to run for the remainder of Stoltzfus’ term.

Qualifying began at 9 a.m. July 21 and concludes at noon July 30.

The election will run concurrently with the vote on the petition to recall Stoltzfus from office.

Florida 12th Circuit Court Chief Judge Lee Haworth ordered the recall election for Sept. 7, barring complications from any decision rendered by Manatee County Circuit Court Judge Ed Nicholas in cases that involve Stoltzfus as the plaintiff in one, and the defendant in the other.

City attorney Jim Dye said the commission resolution, approved July 20, is a requirement of the Florida recall statute, which establishes that an election to replace a recalled official will be held at the same time and location as the recall vote itself.

But, Dye said, “there are a lot of ‘ifs’ in this.”

Not the least of which is “if” the recall is defeated, Stoltzfus stays in office and there would be no vacancy, and thus no candidate would win the election.

Another “if” involves what happens if the recall passes, but nobody qualifies to run for the seat.

“If” that happens, Dye said, the vacancy would be filled by a vote of the remaining commission members following the recall.

Also on the “if” list is that a candidate cannot qualify to run for a commission seat in both the recall and general election “if” the terms overlap.

Stoltzfus’ term expires in November 2011, and that term would overlap with two-year term of the mayor and commissioners that will be elected Nov. 2.

 The resolution passed 3-0 with Commissioners Stoltzfus and Jo Ann Mattick absent.

Candidate qualifying for the Nov. 2 general election began at 9 a.m. July 19 and concludes at noon July 30.

Qualifying for the general election is done at the Manatee County Supervisor of Elections Office, 600 301 Blvd., W., Suite 108, Bradenton, while qualifying for the recall election is at the Anna Maria City Hall, 10005 Gulf Drive, Anna Maria.

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