78-89 AN ORDINA}ICE 97 ."LR..E C!?f CO~'~ISSION OF THE CI~f OF
DELRAY BEACH, FLORIDA, AMENDING TITLE III, 'ADMINIS-
TRATI ON" , CHAPTER 34, "ELECTIONS" , SUBHEADING,
"QUALIVICATIONS FOR CANDIDACY", OF THE CODE OF
ORDINANCES OF THE CITY OF DEL~Y BEACH, FLORIDA, BY
~MEN~ING SECTION ~ i. 16, "FILING OF NOMINATING
PETITIOn", ' ~ SECTION 34.17, "PROCEDURE AFTER
FILING", TO PRO';~DE FOR QUALIFICATIONS AND TIME
FRamES FOR QUALIFYING FOR SPECIAL ELECTIONS TO FILL
VACANCIES CREATF~ PURSUANT TO FLORIDA STA~Y~ES
SECTION 100. 351, "MUNICIPAL RECALL", PROVIDING A
SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING .AN EFFECTIVE DATE.
WHEREAS, Florida Statutes, Section 100.361 (2), Recall
Election provides that a Circuit Court 3udge shall fix a day for holding
a recall election for the ~emoval of those Commission members not
resigning.
W~ERF, AS, Florida Statutes Section 100.361(4)(A) Filling of
Vacancies~ Special Elections, requires that "if an election is held for
the recall of Commission members, elected at-large, candidates to
succeed them for the unexpired terms shall be voted upon at the same
election and shall be elected in the same manner as provided by the
appropriate law for the election of candidates at general elections".
WHEREAS, Florida Statutes does not provide qualifying time
limits for the filling of vacancies created by recall of member,s)
elected at-large.
WHEREAS, the City Con~ission desires to provide for qualifica-
tions and time frames for filing for vacancies which may occur as a
result of a municipal recall.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH~ FLORIDA, kS FOLLOWS:
Section 1. That Title III, "Administration", Chapter 34,
"Elections", subheading, "Qualifications for Candidacy", of the Code of
Ordinances of the City of Delray Beach, Florida be and the same is
hereby am~ended, by amending Section 34.16, "Filing of Nominating
Petition", to read as follows:
S~CTION 34.16 FILING OF NOMINATING PETITION
To qualify as a candidate for election, the candidate
must file with the City Clerk, no earlier than noon on the
last Tuesday in January nor later than noon on the second
Tuesday in February of the calendar year in which the election
is to be held, or to qualify as a candidate in a special
recall election called for the purpose of filling a
vacancy(ies) ~ursuant to Florida Statutes Section 100.361, the
candidate must file with the City Clerk, no earlier than 8:00
a.m. two days after the Circuit Court Judge, ~ursuant to
Florida Statutes Section 109.361(2), has set the date for the
special recall election and no later thaD 5:00 p.m. on the
eighth day after the ~udge has set the d' e for the special
recall election~ the following:
A. (1) A statement in wilting under oath stating that the
nominee is:
(a) Qualified as an elector in the ci=y.
(b) A candidate for the office for which he is
qualifying.
(2) ?lie names of all candidates and the office for which
they bare filed shall be received by the Supervisor of Elections
from the City Clerk by 5:00 p.m. on the first Friday after the
close of qualifying, or in the event of special recall election by
5:00 p.m. on the day following the close of ~ualifying except that
if said day falls on a Saturday, Sunday or Holiday the City Clerk
shall transmit the names of all candidates and the office for which
they have filed on the next working day.
B. (1) A petition signed by the electors of the city not
less in number .than 1% of the registered voters of the city as
determined on January 1 of the year of the election and
payment of $25 to cover the cost of validating the signature
on the petition.
(2) (a) The petition required by division (B) (1) of
this section shall be on a form prescribed by the City Clerk
which shall not be released nor distributed by the City Clerk
until December t at 8:00 a.m. in the month of December preced-
ing the month of qualification, or in the case of a special
recall election at 8:00 a.m. on the day after the Circuit
Court Judge, ~ursuant to Florida Statutes Section 100.561(2),
has set the date for the special recall election unless that
date falls on a weekend or holiday, in which case a petition
may be obtained on the next regular working day.
~b) Signatures may be obtained on the petition
between the time the City Clerk is authorized to release and
distribute the petition and the deadline for qualifications.
The s~gnatures to a nominating petition need not all be
affixed to one paper, but to each separate paper of a petition
there shall be attached an affidavit executed by its circula-
tor stating the number of signers of the paper, that each
signature on it was affixed in his presence, and that he
believes each signature to be the ~enuine signature of the
person whose name it purports to be. The signatures shall be
executed in ink or indelible pencil. Each signer shall
indicate next to h~.s signature the date of his signing, the
place of his residence, and his precinct number.
(c) A statement in writing under oath stating that
the candidate for the office of the Mayor or for the office of
any City Commission seat was a resident of the city who has
become an elector of the city on or before September 1 preced-
ing the regular or special city election for which that
candidate is qualifying.
Section 2. That· Title III, "Administration",
"Elections", Subheading, "Qualifications for Candidacy", of ~,e Code of
Ordinances of the City of Delray Beach, Florida, be and same is hereby
2
ORD. NO. 78-89
amended by amending Section 34.17: "Procedure After Filing", to read as
follows:
SECTION 34.17 PROCEDURE AFTER FILING.
Within fLve days or in the case of a special, recall
election the foll~,;in,~ da~r after the City Clerk receives
c:~rtiEi:.~tion from the Supervisor of Elections, a~e~
~ki~a~-~:5-~-~c~m~na~i~9-~e'~o~7 the City Clerk shall notify
the ~andidate and ~he person who file~ the petition whether or
not it satisfies the re~ir~ents prescri~ by this
subchapter. !f a petition is ~oun~ [nsui[icient, the City
Clerk shall return it i~ediately to the person who filed
with a statement certifying wherein it is insufficient.
Within the re~lar time for filing petitions a n~ ~tition
may be filed for the s~e candi~te together with the pa~ent
of another $25. The City Clerk shall keep on file all
petitions found sufficient at least until the e~iration of
the te~ for which the candidates are nomi~ted in those
petitions.
section 3. That should any section or provision o~ this
ordinance or any portion thereof, any paragraDh, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the r~ainder hereof as a
whole or part thereof other th~ the part decl~ed to ~ invalid.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be and the s~e are hereby repealed.
Section 5. ~at this ordinance shall bec~e effective i~e~-
ately upon passage on second and final reading.
PASS~ ~ A~ED ~n regular session on second and final
readin~ on this the 12th day of December . 1989.
~-=M ~% Y 0 ~- --~
ATTEST: ~~ .
~ ~~ --~a~.~.ELECTiONS,, SUBHEA~
TLE IlL 'ADMINISTRATION", CHAP-
~. TER
~ lNG, ~UALIFICATIONS FOR CAN-
- %sst City Cle~ o,oac~', OF THE CODE OF ORDI-
' NANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY ~ENDiNG
~ECTION ~.16, "FILING OF NOMI-
First Reading November 28 1989 .~,.G PET,TION'. AND SECTION
~ ~.17, "PR~EDURE AFTER FILING"
~o P,ov,~E ~o, ~uAu~.
Second Reading December 12, 1989 ~u~,,~ ~0,
TIONS~TO FILL VACANCIE~. ~
~ ~RSUANT TO FLORI~; )
~ SECTION 1~,~1, "M~ I
~L', PROVIDING A _~ I
~E; PEOVlDING A ~ I
~LE~ CLAU$E, P~ I
I
~ ~ve ~dinance is ~b~ W I
~ ~ly as r~uir~ by S~ ~. J
~ ~ ~di~e may ~ ~ 1
/ ~ ~ Ci~ Hall, ~ N.W. lSL~~
~ Beach, Florida, fram
~ ~lidays, The Ci~
~t in ~ Commi~ion ~ ~
~ ~ ~ Commissi~L at w~ ~
~ ~nance will ~ read by ~
~ ~l ~r~ ~ni~est~ *iii ~ giv~
~*=~ni~ ~ ~ ~a~. P~ ~
~ that if a ~r~ ~ ~s ~
~ to ~1 any ~s~ ~ by
~ ~ Comm~i~ with r~ ~
~ ~ t~ ~ a~ ~
ensure ~t a ~ ~ ~ ~
The C~.~ ~' ~ ~ ~ I