Proposed changes to the city charter to strengthen candidate residency requirement took another step toward the ballot Wednesday.

Eligibility and candidate qualification ordinances for the city’s charter will come before the Cape Coral City Council later this month for a public hearing.

Ordinance 13-26, an introduction, was set Wednesday for a public hearing on March 25.

The new ballot verbiage reads “This proposal amends the Cape Coral City Charter to require any council member candidate be a continuous permanent resident of the district for the entire calendar year immediately preceding their qualification for office, excluding candidates impacted by Section 4.04 of the City Charter, and establishing procedures for complying with the residency requirements for a candidate’s permanent legal residency and domicile within the district and city pursuant to the submission of a sworn statement.”

City Attorney Aleksandr Boksner said the change occurred due to an issue Councilmember Dr. Derrick Donnell brought forward at a recent workshop regarding redistricting.

“I have added one additional sentence – notwithstanding the foregoing provision requiring continuous permanent residency in a district, such provision shall not apply to a candidate of a district that was subject to district modifications pursuant to section 4.04 of the city charter,” Boksner said. “It has to do with redistricting and not requiring compliance with one year residency should that be triggered.”

The second charter referendum, Ordinance 14-26, was also set for a public hearing for March 25.

The referendum verbiage states “This proposal amends the Cape Coral City Charter to require eligible candidates for the office of mayor or council member to submit sworn statement identifying their permanent legal residency and domicile, affirming that the candidate meets the residency requirements of Section 4.02 of the city charter, and submission of two documents establishing proof of residency pursuant to those acceptable documents set forth within new section 4.02(c)2 of the city charter.”

Residency, and proof or residency, became an issue after a former council member was charged with three felonies for lying on her election paperwork and subsequently suspended from office by the governor.

Patty Cummings accepted a plea deal and was sentenced to 24 months of probation after pleading guilty to lying about where she lived while running for the District 4 Council seat in 2022.

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