07-89 F A I L E D - 1/31/89
ORDINANCE NO. 7-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES
TO ARTICLE V, "ELECTIONS", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION
5.03(a) "FORM BALLOTS", AND ENACTING A NEW SECTION
.5.03(a) TO PROVIDE FOR THE ARRANGEMENT OF THE NAME ON
THE BALLOT, BY REPEALING SECTION 5.04, "ELECTIONS
GENERALLY" AND ENACTING A NEW SECTION 5.04, "ELECTIONS
GENERALLY", TO. PROVIDE THA'T THE TWO CANDIDATES RECEIV-
ING THE MOST VOTES BE DECLARED TO BE ELECTED TO THE
OFFICE OF CITY COMMISSIONER, TO PROVIDE THAT THE CANDI-
DATE RECEIVING THE HIGHEST NUMBER OF VOTES BE DECLARED
TO BE ELECTED TO THE OFFICE OF MAYOR, IN THE FIRST
NONPARTISAN ELECTION; TO PROVIDE THAT WHEN NOT MORE
THAN TWO PERSONS QUALIFIES FOR CITY COMMISSION OFFICES
OR ONLY ONE QUALIFIES FOR THE OFFICE OF MAYOR THEN AN
ELECTION SHALL NOT BE HELD FOR THOSE OFFICE(S) WHERE
APPLICABLE, WITH EACH CANDIDATE DEEMED TO HAVE VOTED
FOR HIMSELF/HERSELF, PROVIDING FOR INSTANCES WHEREIN
THERE ARE INSUFFICIENT NUMBERS OF CANDIDATES FOR
VACANT OFFICES; PROVIDING FOR CANDIDATES FOR A SECOND
NONPARTISAN ELECTION WHEN THE CANDIDATES RECEIVE
IDENTICAL NUMBER OF VOTES, PROVIDING FOR THE
CONDITIONS WHEN A CANDIDATE EITHER WITHDRAWS OR DIES
BEFORE THE SECOND NONPARTISAN ELECTION; PROVIDING FOR
A METHOD OF ELECTION IN A SECOND NONPARTISAN ELECTION;
PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON
MARCH 14, 1989; PROVIDING A REPEALER CLAUSE; PROVIDING
A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article V, "Elections", Section 5.03(a), "Form Ballots", of
the City Charter of the City of Delray Beach, Florida, Chapter 25786, Laws of Florida,
Special Acts of 1949, and amendments therein, is hereby repealed and a new Section
5.03(a), "Form Ballots" is enacted to read as follows:
ARTICLE V. ELECTIONS
Section 5.03 Form of Ballots
(a) Arrangement of names on ballot. The names of the candidates for the
offices on the City Commission, and for the office of Mayor, shall be arranged alphabet-
ically and nothing on the ballot shall be indicative of the source of the candidacy o~'
any candidate.
Section 2. That Article V, "Elections", Section 5.04, "Elections Generally,"
of the City Charter of the City of Delray Beach, Florida, Chapter 25786, Laws of
Florida, Special Acts of 1949, and amendments thereto, be further amended by repealing
said Section 5.04 in its entirety and enacting a new Section 5.04, "Elections Generally",
to read as follows:
ARTICLE V. ELECTIONS
Section 5.04 Elections Generally
(a) Number of votes per elector. Each elector is entitled to one vote for
each of the vacant Commission seats, and one vote for the office of Mayor when there is
a vacancy, provided no elector shall be entitled to cast more than one vote for each
candidate.
(b) To elect in the first nonpartisan election.
(1) In the first nonpartisan election, those two candidates receiving the
highest number of votes for the office of City Commissioners, and
the candidate receiving the highest number of votes for the office
of Mayor, when there is a vacancy, shall be declared to be elected
to the offices. In the event that only two persons qualify for the
office of City Commissioners or not more than one person qualifies
for the office of Mayor, then an election shall not be held, each
candidate being deemed' to have voted for himself/herself. In the
event that only one person or no person qualifies as a candidate for
those office(s) of City Commissioner(s), or no one qualifies for the
office of Mayor, then those offices where there is no candidate for
the City Commission and for the office of Mayor shall be declared
vacant, and it shall be the duty of the members of the Cit~
Commission who are seated following the organizational meeting
provided in Section 3.01 of this Charter, by majority vote, to
appoint a qualified person to fill such vacancies. Such an
appointed member to fill a vacancy for the office of City
Commissioner shall serve until the last Thursday in March following
the next regular City election, or until the last Friday in March
should the last Thursday fall on a legal holiday, and any remainder
of the unexpired term shall be filled by election at the next regular
City election in the manner p~ovided for in this article of the
Charter. For a vacancy in the office of Mayor, the appointed
member shall serve until the last Thursday of March following the
next regular City election, or until the last Friday of March should
the last Thursday of March fall on a legal holiday, and a new
election shall be held at the next regular City election for the
remainder of the term of the office of Mayor as provided by this
Charter.
(2) In the event that two or more candidates receive identical
number of votes for the office of City Commissioner, or for the
office of Mayor, a second nonpartisan election shall be held.
(c) Candidates for second nonpartisan election.
(1) In the second nonpartisan election, there shall be on the ballot
those candidates for the office of City Commissioner or for the
office of Mayor, that received the identical number of votes in
the first nonpartisan election.
(2) In the event a candidate withdraws or dies before the second
nonpartisan election for a vacancy on the City Commission or
for the office of Mayor, and leaves but one candidate for such
office, then the second partisan election shall not be held,
each remaining candidate having been deemed to have voted
for himself/herself.
(d) Method of election in a second nonpartisan election.
(1) In the second nonpartisan election, the remaining offices shall
be filled by the candidates receiving the highest number of
votes for the vacancy on the City Commission, or bN the
candidate receiving the highest number of votes for the office
of Mayor.
Section 3. That this ordinance shall not be effective unless and until the
same is approved by a majority of the electors of the City of Delray Beach, Florida,
voting at the election to be held on March 14, 1989, for the purpose of approving or
disapproving this Ordinance. The question to be submitted to the electors at such
election shall be substantially as follows:
2
ORD NO. 7-89
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF DEL-
RAY BEACH, FLORIDA, IN SECTIONS 5.03 AND 5.04 OF SAID
CITY CHARTER, TO PROVIDE THAT THE TWO CANDIDATES
RECEIVING THE HIGHEST NUMBER OF VOTES FOR CITY
COMMISSION, AND THE CANDIDATE RECEIVING THE HIGHEST
NUMBER OF VOTES FOR THE OFFICE OF MAYOR, BE
DECLARED TO BE ELECTED IN THE FIRST NONPARTISAN
ELECTION. IN THE CASE OF A SECOND NONPARTISAN ELECTION
CAUSED BY IDENTICAL NUMBERS OF VOTES BEING CAST FOR
CANDIDATES, THE CANDIDATE RECEIVING THE HIGHEST NUMBER
OF VOTES, AT SUCH SECOND NONPARTISAN ELECTION SHALL BE
DECLARED TO BE ELECTED. PROVIDING FOR INSTANCES WHERE
INSUFFICIENT NUMBERS OF PERSONS QUALIFY AS A CANDIDATE
FOR OFFICE ON THE CITY COMMISSION OR FOR THE OFFICE OF
MAYOR, AND FOR INSTANCES WHERE A CANDIDATE WITHDRAWS
OR DIES BEFORE THE SECOND NONPARTISAN ELECTION.
SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENTS BE
ADOPTED:
FOR APPROVAL [ ]
AGAINST APPROVAL [ ]
If a majority of the electors voting upon such question approve the amend-
ment(s), then the amendment(s) shall be in full force and effect. If a majority of the
electors voting upon such question disapproves such amendment(s), then the amend-
ment(s) shall be null and void.
Section 4. That upon the approval of this Ordinance by the electors as afore-
said, all ordinances or parts of ordinances or Charter provisions or parts of Charter
provisions in conflict which shall be and the same are hereby repealed as of the effective
date of this Ordinance.
Section 5. That if any clause, section or other part of this Ordinance shall be
declared invalid or unconstitutional by a court of competent jurisdiction , the remainder
of this Ordinance shall not be affected thereby, but shall remain in full force and effect.
PASSED AND ADOPTED in regular session on second and final reading on this
day of January 1989.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
F A I L E D -1/31/89
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ORDNO. 7-89